Washington Stater Liability Release Form

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Washington Stater Liability Release Form document sample

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							                                  OFFICIAL RULES
 DR PEPPER/STATER BROS. BRIDGEPOINT EDUCATION HOLIDAY BOWL SWEEPSTAKES & CONTEST

NO PURCHASE NECESSARY. INTERNET ACCESS AND VALID EMAIL ACCOUNT REQUIRED. VOID
OUTSIDE ELIGIBLE COUNTIES AND WHERE PROHIBITED. PURCHASE DOES NOT IMPROVE CHANCE
OF WINNING.PROMOTION IS GOVERNED BY THE LAWS OF THE STATE OF TEXAS. All federal, state and
local laws and regulations apply.


Sweepstakes:                            Dr Pepper/Stater Bros. Bridgepoint Education Holiday Bowl
                                        Sweepstakes

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

Account:                                Stater Bros. Inc.

Game:                                   2010 Bridgepoint Education Holiday Bowl Game in San Diego, CA at
                                        Qualcomm Stadium

Eligible Counties:                      San Bernardino, Riverside, Orange, Los Angeles, San Diego or Kern
                                        Counties, California

Minimum Age:                            Entrants must be at least 18 or older at the time of participation


ADMINISTRATORS:

Entries/Drawing/Website:                CBS Radio Stations, Inc., 900 E. Washington Street, Suite 315, Colton,
                                        CA 92324

Pass Contest:                           Sports Strategies Inc., 5083 Manor Ridge Lane, San Diego, CA 92130

Tuition Prizes:                         Scholarship America, Attn: DP/Stater Bros. Tuition Sweepstakes &
                                        Contest. One Scholarship Way, St. Peter, MN 56082

DATES:
Start Date:                             12:00:00 a.m. Pacific Time (“PT”) November 10 2010
End Date:                               11:59:59 p.m. PT December 7, 2010
Entry Deadline:                         11:59:59 p.m. PT December 7, 2010
Sweepstakes Period:                     Start Date through End Date
Drawing Date:                           December 8, 2010
Winners List Deadline:                  January 8, 2011


ADDRESSES:

Website:                                www.DrPepperTouchdown.com

Winners List Address:                   Dr Pepper/Stater Bros. Bridgepoint Education Holiday Bowl
                                        Sweepstakes Winners List, c/o CBS Radio Stations, Inc., 900 E.
                                        Washington Street, Suite 315, Colton, CA 92324


HOW TO ENTER: Log on to the Website. You will be asked to login or register for the Sweepstakes. If you
are not already a registered user, you will need to complete the registration process. You will need to provide
your email address, password, actual name and residential address (as they appear on your driver’s license or
other government identification), date of birth, phone number, and email notification options and accept the
Terms & Conditions. If you are a registered user, enter your username and password to sign in. Upon clicking
the submit button, you will be automatically entered in the Sweepstakes. Limit one entry per household.
No Automated Entries. You must fill out your own entry form 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.

THE DRAWING: Winners will be selected by random drawing from eligible entries. Odds of winning depend on
the number of eligible entries received.

LIMIT ON ENTRIES: Limit one entry per household.

LIMIT ON PRIZES: Limit of one prize (valued at $600 or more) allowed per person/household per 12 consecutive
month period in any promotion sponsored by Sponsor or any of its affiliated companies.

PRIZE NOTIFICATION: Winners will be notified by email, phone and/or mail within 1 week of the drawing. If
after a reasonable number of attempts during a day (as determined by Sponsor or Administrator in its sole
discretion) contact is not made with winner, prize will be forfeited and an alternate winner selected. Winner may
be required to sign an affidavit of eligibility and release of publicity/liability (“Affidavit”) within the time period
specified by Sponsor or Administrator in the letter accompanying the Affidavit (“Prize Letter”) or prize will be
forfeited. If mail is returned as undeliverable without a forwarding address, then prize may be forfeited. An
alternate winner for forfeited prizes may be selected at Sponsor’s sole discretion. Prize will be awarded upon
receipt of Affidavit, and verification of prize winner. Any required Affidavits or other documents must be signed by
parent/legal guardian of a minor in his/her state of residence.

10 GRAND PRIZES: Two (2) tickets and two (2) VIP Pre-game party passes to the Game. TRANSPORTATION
NOT INCLUDED. ARV: $220. The Grand Prize also includes an opportunity to be selected to compete (as a
Pass Contestant or Pass Finalist as provided in the Pass Contest section of these rules below) for one of the
following:

1.    One (1) Pass Finalist Prize: Ten Thousand Dollars ($10,000) Tuition, payable as follows:

      (a) a $10,000.00 tuition to cover up college or postsecondary vocational institution tuition, fees, books,
          supplies, equipment, related educational expenses and room and board to be awarded in the form of a
          check disbursed to the school (eligible under Title IV of the Higher Education Act of 1965 as amended)
          and located in the United States on behalf of the Winner; or

      (b) $10,000 to pay off student loans incurred by the Winner for eligible costs in (a) above in the form of a
          check distributed to the lending institution on behalf of the Winner; or

      (c) a combination of (a) and (b) above in an amount not to exceed $10,000.00.

      (d) The Pass Finalist will have the option to take one (1) additional throw from the 23 yard line, and if
          successful, the amount of the Tuition Prize is increased to a total of $123,000; however, if the additional
          throw is not a successful pass, then the amount won will be $10,000.

2.    Two (2) Runner-Up Pass Contestant Prizes:               Twenty-Five Hundred and No/100 Dollars ($2,500.00)
      Tuition, payable as follows:

      (a) a $2,500.00 tuition to cover college or postsecondary vocational institution tuition, fees, books, supplies,
          equipment, related educational expenses and room and board to be awarded in the form of a check
          distributed to the school (eligible under Title IV of the Higher Education Act of 1965 as amended) and
          located in the United States on behalf of the Winner; or

      (b) $2,500.00 to pay off student loans incurred by the runner up for eligible costs in (a) above in the form of
          a check distributed to the lending institution on behalf of the Winner; or

      (c) a combination of (a) and (b) above in an amount not to exceed $2,500.00.



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Entrants acknowledge that the Grand Prize and its value are the tickets and only the chance to compete as
described herein. The value of the chance to compete and the odds of winning the competition are dependent on
a multitude of factors and cannot be determined with any degree of certainty and no odds or value on such aspect
of the $123,000 Tuition Contest shall be ascribed to such portion.

PASS CONTEST: The Grand Prize Winners will be invited to the sidelines during the first half of the Game where
they will each be asked to select a sealed bag (“Bag”) from a cooler. The Bags must remain sealed until an
announcement is made for the 10 Grand Prize Winners to open the Bags. If the Grand Prize Winner’s Bag
contains a DR PEPPER can, then that Grand Prize Winner will be 1 of the 3 pass contestants (“Pass
Contestant”). If the Grand Prize Winner’s Bag contains a DIET DR PEPPER can, then that Grand Prize Winner
may be an alternate Pass Contestant (“Alternate”) in the event any of the 3 Pass Contestants cannot or do not
want to participate in the Pass Contest. The Pass Contestants and Alternates selected must meet all eligibility
criteria stated in these rules in order to qualify as Pass Contestants or Alternate. IF ANY WINNER, PASS
CONTESTANT, ALTERNATE OR THE PASS FINALIST IS NOT AT THE COMPETITION LOCATION AT THE DATE, TIME
AND LOCATION SPECIFIED BY SPONSOR’S AGENT, HE/SHE WILL BE DISQUALIFIED. Each Pass Contestant and
Alternate will be asked to choose a number from 1-23 and write the number down on paper provided. In the
event of a tie during the Pass Contest described below, the Pass Contestant or Alternate whose number comes
closest to the number in the sealed envelope without going over will be Pass Finalist. On the Grand Prize Game
Date, during halftime of the Game, (the “Final Event”) the three Pass Contestants will each have the opportunity
to stand side-by-side and pass ten footballs provided by Sponsor from the 5-yard line into a 2’ diameter “target”
hole cut into two oversized Dr Pepper can replicas (one can replica for each Pass Contestant) provided by
Sponsor which will be located on the goal line nearest the Pass Contestants. Pass Contestants may not wear
gloves or use any throwing aid. No warm up or trial passes will be permitted by the Pass Contestants. No part of
Pass Contestants’ body or clothing may come in contact with the line. The three Pass Contestants will have a
total of 23 seconds to complete the most Successful Passes. Passes must pass from Contestants’ hand on the
fly, fully through the hole, without touching the ground or any object or surface other than the Dr Pepper can
replica, all as solely determined by Sponsor or its judges, in order to be considered a “Successful Pass”. The
Pass Contestant who throws the most Successful Passes will win $10,000 tuition and be the Pass Finalist (“Pass
Finalist”). The other two Runner-Up contestants will each receive a consolation prize of $2,500 tuition. The Pass
Finalist will be given the option to throw 1 more football (“Final Pass”) from the 23-yard line and attempt to pass
this single football into the large can replica. If the Pass Finalist makes a Successful Pass from the 23-yard line,
the Winner will win $123,000 tuition. If the Pass Finalist misses the Final Pass, he/she will win $10,000.

TUITION PRIZES: Tuition/educational grants to be awarded and used: (a) to go toward college or postsecondary
vocational institution tuition, fees, books, supplies, equipment, related educational expenses and room and board
to be awarded in the form of a check distributed to the school and located in the United States on behalf of the
Winner; or (b) to pay off student loans incurred by the winner in (a) above to be awarded in the form of a co-
payable check to the lending institution on behalf of the Winner; or (c) a combination of (a) and (b) above in an
amount not to exceed the amounts above.

Awards are to be used for postsecondary education and checks for the full amount will be sent to the institution
designated by the Winners. Any unused funds at the conclusion of the students’ educational experience may be
returned to the students to do with as he or she chooses. Taxes on any portion not used for educational purposes
are the responsibility of the recipient. Award amounts may be applied to educational loans. Payments made for
this purpose will be payable to the loan servicing company for the student. (Award may be considered taxable
and Form 1099-Miscellaneous Income will be issued.)

ALL TUITION PRIZES VALUED AT $10,000 OR LESS ARE PAID IN ONE LUMP SUM PAYMENT. TUITION PRIZE OF
$123,000 IS AN ANNUITY PRIZE CONTRACT OF ONE (1) PAYMENT. WINNER MUST LOOK SOLELY TO ANNUITY
COMPANY FOR PAYMENT. SPONSORS ARE NOT RESPONSIBLE FOR MAKING ANY SUCH PAYMENTS UNDER
THE ANNUITY, NOR ANY LIMITATIONS, EXCLUSIONS, QUALIFICATIONS, DETERMINATIONS OR OTHER
DECISIONS, ACTS OR OMISSIONS OF ANNUITY COMPANY, OR ITS REPRESENTATIVES, INCLUDING SPONSOR OR
ANY OTHER PARTY’S FAILURE TO COMPLY WITH ANNUITY COMPANY’S TERMS AND CONDITIONS. ANNUITY
COMPANY MAY CONDUCT A REASONABLE INVESTIGATION INCLUDING BUT NOT LIMITED TO REQUIRING THE
GRAND PRIZE WINNERS TO SUBMIT TO A POLYGRAPH EXAMINATION AS A CONDITION TO AWARDING OF THE
GRAND PRIZE IF, IN THE SOLE OPINION OF THE ANNUITY COMPANY THAT SUCH AN EXAMINATION IS
WARRANTED BY THE FACTS.



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TUITION AWARDS. The tuition/educational award will be administered by Scholarship Management Services, a
division of Scholarship America and are subject to the following and all other terms of these Official Rules.
Awards are to be used for postsecondary education and checks for the full amount will be sent to the institution
designated by the Winners. Any unused funds at the conclusion of the students’ educational experience may be
returned to the students to do with as he or she chooses. Taxes on any portion not used for educational purposes
are the responsibility of the recipient. Award amounts may be applied to educational loans. Payments made for
this purpose will be payable to the loan servicing company for the student. (Award may be considered taxable
and Form 1099-Miscellaneous Income will be issued.)

At the request of the recipient (i.e., the initial tuition award winner), he/she may designate that the tuition award
proceeds be held at Scholarship America on account for another person (Designee) to be used for eligible
education purposes as provided herein. Upon notification as an initial winner, the initial winner must notify
Scholarship America of his/her intent to gift the award proceeds to the Designee. Scholarship America will create
an account for the Designee and set aside the funds until such time as the Designee notifies Scholarship America
that he/she is ready to use the funds for eligible education-related expenses. The tuition award proceeds shall be
transferred one time only. The initial tuition award winner must supply the following identifying information about
the Designee: name, address, phone number, date of birth, relationship and postsecondary school information (if
known at such time). Scholarship America shall not transfer the tuition award proceeds to the Designee until such
time as the identifying information is verified by the Designee and to the satisfaction of Scholarship America. The
initial tuition award winner shall be responsible for completing and filing the required Gift Tax Forms with the
Internal Revenue Service. Designees must be at least 16 years of age.

Tuition Winners and/or Designees have up to Five (5) years (December 31, 2015) to use the Tuition Award
or it will be forfeited.


THE FOLLOWING TERMS AND CONDITIONS APPLY TO THE SWEEPSTAKES AND CONTEST AND ARE
PART OF THE FULL OFFICIAL RULES.



ELIGIBILITY: To enter you must be a legal resident of the United States in an Eligible County of California, and at
least the Minimum Age. You are also not eligible if you or any member of your immediate family or household
(whether or not related) is (A) an employee, officer or director of (1) Sponsor, its bottlers or distributors, Account,
Administrator, their respective parent, affiliated and subsidiary companies (collectively, the "Sweepstakes
Parties"), (2) any of the Sweepstakes Parties’ other promotional partners, advertising or promotions agencies,
suppliers of Sweepstakes materials, or internet promotion developers, judging or administration organizations, or
auditing or legal firms and other parties engaged in the production, promotion, administration or execution of the
Sweepstakes (“Sweepstakes Providers”).             “Immediate family” means parents, children, stepparents,
stepchildren, siblings, stepsiblings and spouses, whether or not living at the same residence.

The following classes of people shall also be ineligible to participate in the Sweepstakes and Contest:
    • Current or former professional or semi-professional football players and coaches who have played or coached at that
         level anywhere in the world.
    • Current or former collegiate or junior collegiate football players and coaches who have played or coached at that level
         anywhere in the world within the last 5 years.
    • Current or former high school football players and coaches who have played or coached at that level anywhere in the
         world within the last 5 years.


GENERAL CONDITIONS: By participating, you accept and agree to abide by the Official Rules and all decisions
of Sponsor and its judging and administration organizations, which are final and legally binding in all respects. No
substitution or transfer to a third party of all or any part of prize permitted. If, for any reason, a prize cannot be
awarded or winner is not capable of redeeming a prize, Sponsor is not obligated to award it and Sponsor reserves
the right, in its sole discretion, whether or not to substitute the prize (or portion of prize) with a prize of comparable
or greater value or cash value. If, for any reason, more prizes are available or claimed than the stated number,
Sponsor reserves the right to randomly draw winners from eligible prize claimants in such prize category.
Winners are solely responsible for all federal, state and local taxes, if any, on prizes and any expenses not
specifically awarded in the Official Rules. Non-compliance with these Official Rules may result in disqualification.
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You are not a winner unless and until (A) you have fully complied with the Official Rules and (B) all verification
and award processes have been completed. Acceptance of prize constitutes permission for Sponsor and its
designees to use winner’s name and/or likeness for purposes of advertising and promotion in any medium,
without further compensation, except as prohibited by law.

RELEASE OF LIABILITY: BY ENTERING THE SWEEPSTAKES, YOU HEREBY AGREE THAT IN NO EVENT
WILL SPONSOR OR ANY OTHER RELEASEE BE RESPONSIBLE OR LIABLE FOR, AND YOU HEREBY
RELEASE THEM FROM, ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LOSSES, COSTS, EXPENSE OR
LIABILITY OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, PERSONAL INJURIES
AND/OR DEATH, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, AND
COUNSEL FEES AND COURT COSTS) ARISING OR RESULTING FROM ANYTHING RELATING TO:

  • THE PRODUCTION, PROMOTION, ADMINISTRATION OR EXECUTION OF THE SWEEPSTAKES (OR
    YOUR PARTICIPATION IN IT);
  • CANCELLATION, MODIFICATION OR RESCHEDULING OF ANY ASPECT OF THE SWEEPSTAKES;
  • USE OF ANY WEB SITE(S) RELATED TO THE SWEEPSTAKES OR MATERIALS ON THE WEB SITE;
  • ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF THE PRIZE; OR
  • PARTICIPATING IN OR TRAVELING TO ANY SWEEPSTAKES-RELATED ACTIVITY.

“RELEASEES” MEANS SPONSOR, ALL SWEEPSTAKES PARTIES, SWEEPSTAKES PROVIDERS AND ALL
OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS AND AGENTS.

LIMITATIONS: Neither Sponsor nor any other Releasee is responsible for:
  • lost, late, damaged, incomplete, illegible, stolen, misdirected, or postage due mail, shipping or email;
  • any website, computer, telephone, satellite, cable, network, Internet or other equipment, electronics, software,
    service, transmission, connection, processing or other errors, failures, congestion, accessibility or availability
    issues;
  • unauthorized access, tampering, hacking, theft or destruction; or
  • other technical or human error in the receipt or processing of entries, game piece requests or other
    submissions (whether to or from) or otherwise related to the production, promotion, administration or
    execution of the Sweepstakes.

TAMPERING/VIOLATIONS/DISRUPTION: Sponsor may, in its sole determination, disqualify any person it
believes may be tampering with the entry or other operation of the Sweepstakes or acting in violation of the
Official Rules, in a non-sportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any
other person.

CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE
SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO
SEEK DAMAGES FROM ANY SUCH PERSON OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.

CANCELLATION/MODIFICATION: Sponsor may, in its sole discretion, cancel, terminate, modify or suspend the
Sweepstakes or modify the Sweepstakes or Official Rules if the Sweepstakes is not capable of running as
Sponsor planned for any reason (including, but not limited to, due to tampering, unauthorized intervention,
computer virus, fraud, technical or human error or any other causes which Sponsor, in its sole opinion, deems
could corrupt or affect the administration, security, fairness, integrity or intended conduct of this Sweepstakes or
amendment and/or adoption of new or existing laws and/or regulations regarding the administration, operation or
any other aspect of the Sweepstakes in any jurisdiction).

EMAIL ACCOUNT HOLDER: If the holder of an email account is disputed, entry will be deemed made by the
natural person who is assigned to the e-mail address by the internet access provider, online service provider or
other organization (e.g., business, school, etc.) that assigns e-mail addresses for the domain associated with the
e-mail address.

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.

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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: SWEEPSTAKES 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.

SWEEPSTAKES ADMINISTRATION: Administrators are responsible for the collection, submission and
processing of entries and the overall administration and execution of the Sweepstakes. Entrants should look
solely to Administrators at their above address with any questions, comments or problems related to the
Sweepstakes.

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.




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