Official Rules and Regulations – "Ask Secondhand Serenade Straight Up" Sweepstakes

August 10th, 2009 by M80

OFFICIAL RULES

Ask ‘Secondhand Serenade’ Straight Up

NO PURCHASE NECESSARY. VOID IN PUERTO RICO, HAWAII, ALASKA AND OUTSIDE ELIGIBLE STATES. PURCHASE DOES NOT IMPROVE CHANCE OF WINNING.  SWEEPSTAKES GOVERNED BY THE LAWS OF TEXAS. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.

Sweepstakes: Dr Pepper’s “Ask Secondhand Serenade Straight Up” Sweepstakes

Sponsor: Dr Pepper/Seven Up, Inc., 5301 Legacy Drive, Plano, Texas 75024

Administrator M80 Services, 2984 Rowena Ave, Suite A, Los Angeles, CA 90039

Minimum Age: Entrants must be at least 13 or older at time of participation

Eligible States: 48 Contiguous States

DATES:

Start Date: 1:00:01 PM Pacific Time (PT) August 12, 2009

End Date: 11:59:59 AM PT August 21, 2009

Drawing Dates:                                 August 21, 2009

Winners List Request Deadline: September 30, 2009

ADDRESSES:

Entry Website:                                   M80 Newsroom:

http://m80im.com/newsroom/2009/08/18/win-dr-pepper-tickets-secondhand-serenades-fall-tour

Winners List Address: Dr Pepper’s “Ask Secondhand Serenade Straight Up” Sweepstakes Winners List

M80 Services, 2984 Rowena Ave, Suite A, Los Angeles, CA 90039

PRIZES:

Five (5) Grand Prizes, each Grand Prize consisting of:

• One (1) pair of concert tickets to the “Fast Times at Secondhand High” tour date of the Grand Prize Winner’s choice, EXCLUDING 9/23 New York, NY and 9/25 Toronto, ON MRV $40.00
• Three (3) coupons for a Free 12-pack of Dr Pepper product, MRV $14.97

Total MRV of Combined First Prizes $54.97

AGREEMENT TO OFFICIAL RULES: By entering and participating in the Sweepstakes, you fully and unconditionally agree to accept and be bound by these Official Rules and by all decisions of the Sponsor and Administration, which decisions shall be final and binding in all respects.  Participation constitutes your full and unconditional agreement to and acceptance of these Official Rules and to be contacted by telephone and/or email. By registering at entry site and entering Sweepstakes, you further agree to abide by and be bound by the Facebook, inc. privacy policy and terms of use, which can be found at http://www.Facebook.com/home.php#/policy.php?ref=pf and http://www.Facebook.com/home.php#/terms.php?ref=pf.; if you do not agree to the privacy policy and terms of use, do not enter the Sweepstakes or otherwise use the entry site.

TO ENTER: During the Sweepstakes Period, entry submission is made at http://www.facebook.com/home.php#/pages/Dr-Pepper/6278093869?v=app_2373072738&viewas=12317257 (the entry site) by going to the discussion board and submitting entry as directed. User will enter a question to be asked to Secondhand Serenade (aka John Vesely).  You will then receive one (1) entry in the Sweepstakes. Electronic entries will be deemed made by the “authorized account holder” of the Facebook profile submitted at time of entry. Only one (1) online entry per valid authorized Facebook and email account will be accepted for this Sweepstakes. In the event of a terminated profile, entrant shall not remain eligible for this Sweepstakes. You may be requested to provide Sponsor or Administrator with proof that you are the authorized account holder associated with the winning entry and are an otherwise eligible United States resident residing in 1 of the Eligible States. Neither Sponsor nor Administrator  are responsible for lost, late, incomplete, garbled, illegible or misdirected entries, or for any error, human, technical or otherwise, which occurs or may occur in the processing of entries and as more fully described herein.  All entries become the exclusive property of Sponsor and will not be acknowledged or returned.

No Automated Entries.  You must fill out your own entry without the use of any automated sweepstakes entry filling services or form filling services.  The use of any automated, programmed, robotic or similar system to enter is prohibited and will result in disqualification. Entries filled out by anyone other than you will be disqualified.  Auto entries prohibited.

Any person who attempts to participate with multiple e-mail and/or street addresses, under multiple identities or uses any device or artifice to enter multiple times in violation of applicable entry limitations may be disqualified.

ELIGIBILITY: Sweepstakes is open only to legal residents of the Eligible States, thirteen (13) years of age or older as of entry date, who have internet access and a valid authorized Facbook.com account prior to August, 12^th 2009.  Void where prohibited by law. Employees of Sponsor, Administrator, or their affiliates, subsidiaries, advertising or promotion agencies, and family members of the foregoing and/or persons living in the same household as any of the foregoing, are not eligible.  A prize won by a minor in the jurisdiction in which they reside, may, at Sponsor’s sole discretion, be awarded in the name of or to said minor’s parent or legal guardian. Any effort by an entrant to misrepresent himself or herself through the use of aliases or multiple accounts will disqualify all entries from that entrant.  All mass entries of entries generated by a script, macro, or use of automated devices will be disqualified.

SELECTION OF POTENTIAL WINNERS: Five (5) Grand Prize Winners will be determined by a random drawing to be conducted by Administrator on or about August 21, 2009 from among all the eligible entries received. Sponsor and Administrators’ decisions as to all matters related to administration of the Sweepstakes and selection of potential winners is final.  The potential winners must comply with all terms and conditions set forth in these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winners from the drawing will be notified through their Facebook account on or about August 21, 2009. If potential winners cannot be contacted within 24 hours after the first attempt to contact such potential winners, then alternate entrants will be selected at random from all eligible entries received.

RESTRICTIONS: The prize is subject to the following material conditions and restrictions:

Limit one (1) prize allowed per person/household per 12 consecutive month period in any promotion sponsored by Sponsor or any of its affiliated companies.. Prize is provided “as-is” and without any warranty or representation of any kind.  Prize is not transferable.  No prize substitution due to prize unavailability or any other reason, except in Sponsor’s sole discretion.

Acceptance of prize constitutes permission for Sponsor to use the Winners’ name, prize won, hometown, likeness, photograph, voice, address (i.e., city and state), biographical information for purposes of advertising, online posting, promotion and publicity without additional compensation or consideration, unless prohibited by law.  Except where prohibited by law, Winners grant to Sponsor and its advertising agencies the right to use and publish the Winners’ photograph, proper name, likeness, voice, opinion, biographical information and state in any media to promote Sponsor and the Sweepstakes without additional consideration or compensation.

Sponsor reserves the right to modify the notification procedures in connection with the selection of alternate potential winners, if any, as applicable.

No cash or other substitutions are permitted, except by Sponsor in its sole discretion, who reserves the right to substitute the Prize with one of equal or greater value and is not responsible for the cancellation, postponement or rescheduling of the Sweepstakes.

The Grand Prize consists of only those items specifically listed above as part of the Grand Prize.

By entering and participating in the Sweepstakes, you agree: (i) to abide by and be bound to the Official Rules and decisions of Sponsor and Administrator and represent and warrant that all information provided by you in connection with the Sweepstakes is true, accurate and complete as of the date of entry; (ii) Sponsor has not made any warranty or guarantee in whole or in part in relation to the Prize, including, but not limited to, its quality, or suitability for use; (iii) Sponsor and Administrator reserves the right, in their sole discretion, to disqualify and/or deem ineligible any individual it suspects to be in violation of, or to have failed to agree to, these Official Rules, Privacy Policy, Terms of Use, or to be acting in a disruptive or dishonest manner; and (iv) if, for any reason, the Sweepstakes is not capable of running as planned due to, without limitation, tampering, unauthorized intervention, fraud or any other cause beyond the control of Sponsor or Administrator that, in Sponsor’s sole discretion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes.

GENERAL CONDITIONS:

Sponsor reserves the right to amend these Official Rules at any time and to determine whether and when any such changes apply.  Sponsor reserves the right to cancel or modify the Sweepstakes if fraud or any other factor impairs the integrity of the Sweepstakes as determined by Sponsor, in its sole discretion.  If, in Sponsor’s or Administrator’s opinion, there is any suspected or actual evidence of tampering with any portion of the Sweepstakes, or it the integrity of the Sweepstakes is otherwise compromised, the Sponsor reserves the right, in its sole discretion, to void any entries at issue (including disqualifying any individual who tampers with the entry process), and to cancel, terminate, modify or suspend the Sweepstakes, in whole or in part, at any time without notice.  In the event of such cancellation, Sponsor reserves the right to award the Prize in a random drawing from all eligible entries received before the time of cancellation.

DISCLAIMER: Sponsor, Administrator and any agents acting for or on their behalf are not responsible for error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone, computer, hardware or software malfunctions of any kind, or inaccurate transmission of, or failure to receive entry information on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof, or the incorrect or inaccurate capture of entry information or the failure to capture any such information.  Sponsor and Administrator are also not responsible for any injury or damage to entrant’s or any other person’s computer related to or resulting from participating or downloading any materials in the Sweepstakes or for any electronic mail that is late, lost, misdirected, damaged, incomplete, or illegible.  If the Sweepstakes becomes technically corrupted or compromised due to any of the foregoing factors or non-authorized human intervention, Sponsor reserves the right, in their sole discretion, to terminate the Sweepstakes in its entirety or to select potential winners from all eligible entries received prior to termination.  Notwithstanding anything to the contrary contained herein, Sponsor reserves the right to cancel, terminate or modify any promotion not capable of completion as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort.

LIMITATION OF LIABILITY: You understand and agree that you shall have no right to enjoin or restrain the development, production, advertising, promotion, distribution or exploitation of the Sweepstakes or Sponsor.  In no event will Sponsor, Administrator, or their parents, affiliates, subsidiaries, and related companies, or their respective officers, directors, employees, representatives, agents, successors and assigns (collectively, the “Releasees”) be responsible for any claims, actions, demands, losses, liabilities, damages, costs and expenses (including, attorneys’ fees) of any kind, including without limitation, direct, indirect, incidental, consequential or punitive damages, whether foreseeable or not and whether based on negligence or otherwise, arising out of your participation in the Sweepstakes, the acceptance, possession, use, misuse, loss or misdirection of the Prize, participation in any Sweepstakes related activities or access to and use of any internet site, and you agree to release, defend, indemnify, discharge and hold harmless the Releasees from any such claims, actions, demands, losses, liabilities, damages, costs and expenses, including, without limitation from any damage, injury, death, loss or other liability either at law or equity whether known or unknown, asserted or not asserted that may arise from or in any way relate to your participation in the Sweepstakes or the awarding, acceptance, use or misuse of any prize.  Without limiting the foregoing, the Sweepstakes, the Prize and materials are provided “as-is” without any warranty or representation of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.  Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to you.  Check your local laws for any restrictions or limitations regarding these limitations or exclusions.

NO PRIZE WARRANTY: WITHOUT LIMITING THE FOREGOING, ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OF IMPLIED WARRANTIES. CHECK YOUR LOCAL LAWS. SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.

DISPUTES: PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS. IF NOT RESOLVED THROUGH DIRECT DISCUSSIONS, ANY CLAIM SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION WITH AN EXPERIENCED ARBITRATOR LICENSED TO PRACTICE LAW IN TEXAS. FORUM AND VENUE FOR ANY ARBITRATION PROCEEDINGS WILL BE IN COLLIN COUNTY, TEXAS. THE REMEDY FOR ANY CLAIM SHALL BE SUBJECT TO ALL LIMITATIONS AND RELEASES SET FORTH IN THESE RULES, BE LIMITED TO ACTUAL OUT OF POCKET DAMAGES, AND SHALL NOT, IN ANY EVENT, INCLUDE ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, ATTORNEY’S FEES OR COSTS OF BRINGING A CLAIM, OR ANY INJUNCTIVE OR OTHER EQUITABLE RELIEF.

PROMOTION ADMINISTRATION: Administrator is responsible for the collection, submission and processing of entries and the overall administration and execution of the Promotion. Entrants should look solely to Administrator at its above address with any questions, comments or problems related to the Promotion.

WINNERS LIST: For a list of winners, mail a self-addressed stamped envelope to Winners List Address above.  Mail must be received by the Winners List Request Deadline. List will be sent once all prizes have been awarded

Tags: dr pepper, promotion, secondhand serenade, sweepstakes

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