Bernick's Pepsi Fall Football Program Sweepstakes
EMAIL ACCOUNT REQUIRED. NO PURCHASE NECESSARY TO ENTER. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. Open to legal residents of Minnesota or Wisconsin who are located in the Bernick’s distribution area zip codes (within the Bernick’s distribution territory of Pepsi), 18 years of age or older at time of participation residing in one of the valid zip code areas. The valid zip codes included in this sweepstakes can be found at bernicks.com/pepsi. Start Date is September 10, 2023 and End Date is October 7, 2023. Void where prohibited. Limit one entry per time period/person/email address. All entries received from the same person and/or email address over the quantity of 1 for each time period will be eliminated from the drawing. Only the first entry received will count as a valid entry.
GRAND PRIZE: (1) One Grand Prize of a Pepsi Football Tailgating Package includes: (1) Pepsi 10ft Pop Up Tent, (1) Camp Chef® Pursuit 20 Portable Pellet Grill with Pepsi Cover, (1) Engel® HD30 Heavy-Duty Soft Sided Cooler Bag, (1) Foldable Utility Wagon, (1) Bose SoundLink Flex Bluetooth® Speaker, (2) Mesh Camp Chairs (ARV $ 2,000) Winner must pick up the prize at the nearest Bernick’s location. No cash or residual value. All prizes are provided "As Is" without any additional warranty other than the manufacturers. SPONSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO THE QUALITY OR CONDITION OF THE PRIZE AND EXPRESSLY DISCLIAMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Prize should only be used in the manner and with all safety suggestions noted by the manufacturer. Total ARV for this sweepstakes is $2,000.
DRAWING(S): Potential winner/s will be selected in a random drawing, from all eligible entries received on or about October 16, 2023. Potential winner/s will be notified by phone and/or email. Potential winner/s will have 72 hours to return the phone call with their interest in accepting the prize or an alternate winner/s will be drawn. Potential Grand Prize Winner/s will be required to complete and return a notarized affidavit of liability/publicity release within 10 days or an alternate winner/s may be drawn. All applicable taxes are the responsibility of the winner/s. Prize is not transferable. No prize substitutions. Odds of winning based on the number of valid entries received. Limit one prize per family or household. Drawing will be conducted by Bernick’s, the administrator of this sweepstakes, whose decisions are final and binding on all matters relating to this sweepstakes drawing. The grand prize winner/s will receive a 1099 and must report the value of the prize on their taxes. If there is a dispute regarding who entered, the entry will be deemed to be made by the natural person who is assigned to the account by the applicable provider or organization that assign the phone, email or other account number.
LIMIATATION ON PRIZES: There is a limit of one prize (valued at $600 or more) per person/household per 12 consecutive months from any promotion sponsored by Bernick’s.
LIMITS/RELEASE OF LIABILITY: In no event will Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules. Sponsor may at is sole discretion cancel, suspend or modify the promotion in whole or part. The promotion parties and each of their agencies and partners are not responsible for lost or misdirected mail. All entrants agree to hold harmless and release Bernick’s, and Pepsi; their parent companies, affiliates, subsidiaries, officers, directors, agents, and employees; and all others associated with the development and execution of this sweepstakes from any and all alleged and/or actual actions, demands, losses, settlements (whether or not litigation is commenced), claims, damages, and liability whatsoever, existing now or in the future, with respect to or in any way arising from this sweepstakes or participation in any sweepstakes-related activity and/or delivery/misdelivery, acceptance, possession, use, or misuse of a prize including, but not limited to, liability for personal injury, bodily injury (including wrongful death or disability), damage to property, and damage or loss of any other kind. Without limitation, the Sponsor, its advertising and promotion agencies, and the sweepstakes administrators for any technical malfunction or other problems relating to the telephone network or lines, computer online systems, servers, access providers, computer equipment, or software; for the failure of any entry to be received by the Sponsor, its advertising and promotion agencies, or the sweepstakes judges for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any Web site or any combination of the above. Further, the Sponsor, its advertising or promotion agencies, and the sweepstakes administrators will not be liable for any injury or damage to an entrant’s or any other person’s digital devises related to or resulting from participating or downloading any material in the sweepstakes. Only the stated number of prizes set forth in these Complete Official Rules will be awarded. If, for any reason, the sweepstakes is not capable of running as planned due to, but without limitation, tampering, unauthorized intervention, fraud, human or other error, technical failures, or any other causes beyond the control of Sponsor that, in the sole opinion of Sponsor, could corrupt or affect the administration, security, fairness, integrity, or proper conduct of this sweepstakes, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the sweepstakes and to draw winners from all eligible entries received as of the date of termination. Any attempt to deliberately damage any portion of this offer or to undermine the legitimate operation of this sweepstakes is a violation of criminal and civil laws, and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
CONDITIONS OF ENTRY: Employees of Bernick’s and Pepsi, sponsors, and any of the following entities employees that have decision making positions regarding the sponsor and the work done with and for them, (agencies, subsidiaries, advertising and promotion agencies, media, employees, their immediate family members a and/or those living in the same household of each) are not eligible. Immediate family member is defined as husband, wife, children, mother, mother in-law, father, father in-law, sister, sister in-law, brother or brother in-law. All federal, state and local taxes are the sole responsibility of the winner. All federal, state and local laws apply. Entry into this promotion constitutes permission to the Sponsor and their agencies to use winners' name, address, email address and/or likeness for purposes of advertising and trade without further compensation, unless prohibited by law. Sponsor reserves the right to substitute prize of equal or greater value. By participating in this promotion, entrants agree to be bound by the Official Rules and the decisions of the administrator. Winners agree to release and hold harmless Bernick’s its agencies and employees from injury, death, loss or other liability that may arise from the acceptance or use of any prize or their participation in this promotion.
WINNERS LIST: The name of the prize winner can be found by sending a self-addressed stamped envelope to Bernick’s Pepsi Fall Football Program Winners List, PO Box 7008, Dept Marketing, St. Cloud, MN 56302. Requests must be postmarked by October 30, 2023. The winners list will be completed after the prize winner is confirmed.
DISPUTE RESOLUTION: Entrant agrees that: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant(s) and Sponsor and their agencies, shall be governed by and construed exclusively in accordance with the laws of the State of Minnesota without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than the State of Minnesota. Entrant agrees that any action at law or in equity arising out of or relating to this sweepstakes, or awarding of the prize, shall be filed only in the state or federal courts located in the County of Stearns in the State of Minnesota. Entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this sweepstakes, entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this sweepstakes, or awarding of the prize, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
Sponsor and Administrator: Bernick’s, PO Box 7008, St Cloud, MN 56302
Pepsi, Camp Chef®, and any other brands represented in the prizes are not a sponsor or administrator of this sweepstakes and therefore has no legal responsibility for this promotion.
Bernick’s Pepsi Fall Football Program Sweepstakes Valid Zip Codes