2018 BOB EVAN S PEPSI SUMMER SWEEPSTAKES OFFICIAL RULES

Transcription

1 2018 BOB EVAN S PEPSI SUMMER SWEEPSTAKES OFFICIAL RULES NO PURCHASE, TEXT MESSAGE, OR PROOF-OF-PURCHASE NECESSARY AND NO ENTRY FEE OR PAYMENT OF ANY KIND NECESSARY TO PARTICIPATE IN THE SWEEPSTAKES. PURCHASING A PRODUCT OR SENDING A TEXT MESSAGE WILL NOT IMPROVE YOUR CHANCES OF WINNING. MULTIPLE ENTRY DEADLINES APPLY. SWEEPSTAKES OPEN ONLY TO LEGAL U.S. RESIDENTS OF OH, IN, MI, WV, NY, MD, DE, MO, IL, PA, NC, FL, KS, KY, VA, SC or TN THROUGHOUT THE SWEEPSTAKES PERIOD AND WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. DO NOT ENTER THIS SWEEPSTAKES IF YOU ARE NOT A LEGAL U.S. RESIDENT. VOID WHERE PROHIBITED. 1. HOW TO ENTER: Sweepstakes begins June 18, 2018, at 12:00:00 a.m. ET and ends July 30, 2018, at 11:59:59 p.m. ET (the "Sweepstakes Period"). Please see entry methods (a) and (b) below for entry instructions. An entry shall be defined as an individual entry made into the sweepstakes, either via website or mail ( entry ). An entrant shall be defined an individual person making an entry into the sweepstakes ( entrant ). A photo shall be defined as a photo of yourself and any Pepsi-Cola product purchased at a Bob Evan s location ( photo ). A double entry shall be defined as an individual entry made into the sweepstakes through the URL link, including a photo as defined above. A double entry shall receive two (2) entries into the sweepstakes drawings for the prizes described below ( double entry ). THERE ARE TWO (2) WAYS TO ENTER: a) TEXT MESSAGE/WEBSITE ENTRY: To enter the Sweepstakes via text message/website, use your mobile phone to text the Code BANDS to during the Sweepstakes Period to receive a URL link to enter for a chance to win the prizes described below. After receiving the URL link, follow the instructions to submit an entry. When entering through the website URL, if you include a photo you will receive a double entry into the sweepstakes. You must have a mobile phone with text messaging capabilities to enter by text message/website. You agree to receive up to four (4) reply text messages about the Sweepstakes. Text entries via VoIP (Voice over Internet Protocol) will not be accepted. Participants accessing this Sweepstakes via text message/website may incur a standard text message and data charge from their wireless service provider for each message sent and received. Standard text message and data rates may apply. Check with your wireless service provider for details on these and any other applicable charges. Participants are solely responsible for any such wireless charges. Not all wireless carriers participate. b) MAIL-IN ENTRY: To enter the Sweepstakes without a mobile device, hand print your first and last names, date of birth, address, complete street address (no PO Boxes accepted) and daytime phone number on a plain piece of 3 x 5 paper and mail completed entry to: BOB EVAN S PEPSI

2 SUMMER SWEEPSTAKES, PO Box , Dept , El Paso, TX All mailin entries must be postmarked no later than July 30, 2018 and received by August 6, Limit one (1) mail-in entry per envelope and two (2) mail-in entries per day. All other rules apply to a mail-in entry. Sponsor s time clock will be the official time clock of the Sweepstakes. Received entries become the exclusive property of the Sponsor and will not be acknowledged or returned, and no correspondence will be entered into. Sweepstakes Entities are not responsible for lost, late, illegible, misdirected, damaged or postage-due mail. If entering via a mobile phone or other web-enabled device and using your wireless carrier s network, standard data charges from your wireless carrier may apply. Check with your wireless service provider for details on these and any other applicable changes. You are solely responsible for any such wireless charges. Not all wireless carriers participate. Every entry must be manually keystroked and manually entered by the individual entrant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or game service) will be disqualified and transmissions from these or related phone numbers or IP addresses may be blocked. Limit one (1) entry per person/mobile phone number/ address/household per day if entering via text message/website, limit two (2) entries per person/mobile phone number/ address/household per day if entering via text message/website upon submission of a qualifying photo, and limit two (2) entries per person/mobile phone number/ address/household per day if entering via mail-in. A day shall be defined as 12:00:00 a.m. ET to the following 11:59:59 p.m. ET. All Entries must be received during the Sweepstakes Period. The person submitting an entry must be the authorized account holder/user of the cell phone and/or account; otherwise entry shall be deemed void. In the event of dispute over the identity of a potential winner, entries will be declared made by the registered user of the cell phone and/or account used at the time of entry, and potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder/user of such account(s) used to submit the Entry. It is solely the responsibility of the entrant to notify the Pepsi-Cola Company in writing if the entrant changes his or her mailing address, address and/or telephone number during the Sweepstakes Period. All entry information and Photos shall be collectively referred to herein as the Submissions or each as a Submission. Submissions must comply with the Guidelines and Restrictions defined below. By entering, each entrant warrants and represents the following with respect to entrant s Submission: (a) entrant is the sole and exclusive owner of the Submission (except for any Sponsor IP (defined below) included therein, which shall be owned by Sponsor)) and to the extent a third party took the photo, such third party transferred all rights in and to the Photo to entrant (and Sponsor reserves the right to request any applicable documents confirming the same); (b) the Submission will not infringe on any rights of any third parties; and (c) any third parties, appearing in the Submission have given entrant appropriate consent to be photographed and used in accordance with these Official Rules. Sponsor reserves the right to request releases from any third parties appearing in any Submissions at any time. Failure to produce third party releases or confirmatory documents upon Sponsor s request may result in disqualification, as determined by Sponsor is its sole and absolute discretion.

3 Providing a Submission constitutes entrant s consent to grant Sponsor and the Promotion Parties a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submission in whole or in part, on a worldwide basis, in perpetuity, and to incorporate it into other works, in any form, media or technology now known or later developed, for any purpose whatsoever, including for promotional or marketing purposes. 2. ELIGIBILITY: Open only to legal U.S. residents of OH, IN, MI, WV, NY, MD, DE, MO, IL, PA, NC, FL, KS, KY, VA, SC or TN and who are 18 years of age or older as of the time of entry. Employees of Bob Evans Restaurants, LLC, all participating Bob Evans locations, PepsiCo, Inc., Pepsi-Cola Company ( Sponsor ) and its bottlers, Live Nation Worldwide, Inc. ( Live Nation ), and each of their respective parents, subsidiaries, divisions, affiliates, distributors, suppliers, franchisees and advertising, promotional or judging agencies (collectively, "Sponsor and Promotion Parties"), and all of their immediate family members of such employees and/or persons living within the same household as such employees are not eligible to win. All federal, state and local laws and regulations apply. 3. Submission Guidelines and Content Restrictions. By entering the Sweepstakes, each entrant agrees that entrant s Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the Guidelines and Restrictions ) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant or Submission from the Sweepstakes if it believes, in its sole discretion, that the entrant s Submission fails to conform to the Guidelines and Restrictions. a. Submission Guidelines: i. The Photo must be in the following formats: JPEG, PDF or PNG File. ii. The Submission must be primarily in English. b. Content Restrictions: i. The Submission must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights; ii. The Submission must not disparage Sponsor or any other person or party; iii. The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous; iv. The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; v. The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations of the United States or of any jurisdiction where Submission is created; vi. The Submission must be consistent with the image and values of Sponsor and be consistent with and satisfy the purpose of the Sweepstakes. Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in entrant s Submission. Each entrant understands and agrees that he/she shall not have any claim against any other entrant or

4 Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity. Sponsor s decisions are final and binding in all matters relating to this Sweepstakes, including, but not limited to, interpretation and application of these Official Rules. 4. Sponsor s Limited License. Sponsor grants eligible entrants a limited, revocable, nonsublicensable license to use Sponsor s brand names, images, logos and/or trademarks (collectively, Sponsor IP ) in connection with the Sweepstakes for the sole purpose of creating and submitting the Submission for review, assessment and/or sharing in this Sweepstakes. Entrants are not permitted to make any further use of Sponsor s IP for any purpose whatsoever. In addition, entrants recognize that all right, title, and interest in Sponsor s IP as well as all derivative works created using Sponsor s IP shall vest exclusively to the Sponsor, and entrant agrees that he/she has not and will not take any action that might harm or adversely affect such rights. No right, title, or interest in and to the Sponsor s IP except for the limited license granted to entrant in these Official Rules is transferred or created. 5. PRIZES: One (1) Grand Prize will be awarded. The Grand Prize Sweepstakes winner will win two (2) tickets to winner s choice of a participating Live Nation produced and promoted concert at a Live Nation owned and operated venue in the continental United States for winner and one (1) guest, hotel accommodations for two (2) people (one standard room/double occupancy, room and tax only) for two (2) nights (hotel to be determined by Sponsor in its sole discretion), roundtrip coach airfare for two (2) from a major gateway airport near winner s residence to a major gateway airport nearest the Live Nation concert, and one (1) $400 pre-paid cash card. Tickets to a particular concert are not guaranteed. Selection of airline, hotel and concert seat locations are solely within Live Nation s discretion. All other expenses not specifically mentioned herein are solely the winner s responsibility. Live Nation reserves the right to provide ground transportation in lieu of air transportation if the winner resides within two hundred (200) miles from concert venue. Winner and guest(s) must abide by all venue policies. Live Nation reserves the right to revoke full or partial prize from any winner or winner s guest who it or venue personnel deem may, in its sole discretion, be intoxicated, be a safety risk, have violated any venue policy or law, or may bring Live Nation into disrepute. Winner will be required to provide a credit card to hotel to cover incidentals which are not included in prize package. Concert must be selected at least thirty (30) days in advance of the travel date and is subject to availability and age restrictions. Travel must take place on the day prior to the confirmed concert and return the day following the concert. All travel must be taken no later than December 31, 2018; no alternative travel dates are available. If winner is unable or unwilling to travel on the dates specified, the prize will be forfeited and may be awarded to an alternate winner. All travel subject to availability and restrictions. Winner and travel guests must travel on same itinerary. If winner is a minor in his/her state of residence, the travel guest must be winner s parent or legal guardian. A minor may accompany winner as a travel guest only if the winner is the minor s parent or legal guardian. Minors must be accompanied at all times during trip (including, but not limited to, in-flight, hotel stay and all prizerelated events) by minor s parent or legal guardian. Winner and travel guests must sign and return a travel release before any ticketing of travel occurs. Winner and guest must have all necessary identification and/or travel documents (e.g., a valid U.S. state issued driver s license, as applicable) required for travel. Winner understands that there are inherent risks involved in travel and that these risks may be present before, during and after the trip. Live Nation is not responsible for changes in schedule of any element of the prize or for any expenses incurred as a consequence of flight cancellation or delay. Live Nation is not responsible and will have no liability if the winner and/or his/her guest is for any reason not permitted to travel by the relevant airport authorities or misses a flight or other travel element. An unclaimed and/or unused prize element will remain the property of

5 Live Nation. Resale of tickets is prohibited. Approximate retail value of the Grand Prize ( ARV ): $3,500. The actual retail value of the Grand Prize may vary, depending on winner s place of residence. If the actual value is less than the ARV of $3,500, the difference will not be awarded to the winner. One (1) First Prize will be awarded, consisting of Breakfast For A Year. The prize will be distributed as fifteen (15) Bob Evan s gift cards with a value of $100 each, redeemable only at Bob Evan s Restaurants. Approximate retail value of the First Prize ( ARV ): $1,500. One (1) Second Prize will be awarded, consisting of twenty-six (26) offer codes, each of a $27 value, distributed once weekly and redeemable for orders at Bob Evans Restaurants placed online at or placed through a mobile device. Creation of online account required, additional terms and conditions may apply. Approximate retail value of the Second Prize ( ARV ): $702. Ten (10) Third Prizes will be awarded, each consisting of one (1) Pepsi branded drink cooler. Approximate retail value of each Third Prize ( ARV ): $236. Total ARV of all Third Prizes: $2,360. Five (5) Fourth Prizes will be awarded, each consisting of one (1) $125 Live Nation Concert Cash Code ( Code ). The Code is a one-time use code, good towards dollars-off Concert Tickets to participating Live Nation owned and operated venues within the U.S., or good towards dollars-off Artist Merchandise. One Code may be used per transaction. Each Code is redeemable at: The Code is a one-time use only voucher code good toward $125- off final ticket purchase for a Live Nation concert at a participating Live Nation owned or operated venue in the United States, based on availability under this program; or $125-off select merchandise sold at the Musictoday online merchandise store. Code cannot be used toward fan clubs, ticket packages or shipping charges. Exclusions may apply to TM+ tickets and other tickets not sold directly by Live Nation. All ticket purchases are subject to the Purchase Policy found at All merchandise purchases are subject to the Terms of Use found at Code must be redeemed by 3:00 PM PT on 12/31/18, while supplies last. A Code can be used only once. One Code per transaction. Codes are void if not obtained through authorized, legitimate channels, or if any part is defective, altered, duplicated, photocopied, forged, counterfeited, mutilated or tampered with in any way, or if Codes contain or are the result of a printing, seeding, typographical, mechanical or other error(s), or do not contain proper security devices (an irregular Code ). Any attempt to obtain or generate multiple Codes and/or irregular Codes and/or to use multiple names, addresses, phone numbers and/or any fraudulent or other non-permissible mechanisms to obtain Codes, as determined by Live Nation in its sole discretion, shall give Live Nation the right to disqualify user. The Code has no cash value and cannot be exchanged for cash or credit, except as required by law. The Code cannot be sold or bought. Void if sold or exchanged for compensation. Any unused value will be forfeited. The Code cannot be combined with other product offers or promotions. Items purchased with a Code are for personal use or gifts only, and are not valid for resale. Codes cannot be used for past purchases or offers. Use of a Code for unauthorized advertising, marketing or other promotional purposes is strictly prohibited. The Code cannot be replaced if lost or stolen and Live Nation is not responsible for any damage or loss resulting from unauthorized use. The Code is void where prohibited by law. Full Code Terms of Use apply. If a Code is used in violation of the Code Terms of Use, Live Nation reserves the right to (a) cancel any ticket or merchandise order, or (b) charge user s credit card for value of tickets or merchandise after shipment. Once tickets are issued, they cannot be exchanged for other tickets or merchandise. Merchandise may not be exchanged for tickets, but may be exchanged for other

6 merchandise of equal or lesser value. ARV of each Fourth Prize: $ Total ARV of all Fourth Prizes: $625. One Hundred and Twenty (120) Fifth Prizes will be awarded, each consisting of one (1) $25 Bob Evan s Gift Card, redeemable only at Bob Evan s Restaurants. ARV of each Fifth Prize: $25. Total ARV of all Fifth Prizes: $3,000. One Hundred and Thirty (130) Sixth Prizes will be awarded, each consisting of one (1) $15 Bob Evan s Gift Card, redeemable only at Bob Evan s Restaurants. ARV of each Sixth Prize: $15. Total ARV of all Sixth Prizes: $1,950. Two Hundred (200) Seventh Prizes will be awarded, each consisting of one (1) $10 Bob Evan s Gift Card, redeemable only at Bob Evan s Restaurants. ARV of each Seventh Prize: $10. Total ARV of all Seventh Prizes: $2,000. Total ARV of all prizes: $15, Gift card terms and conditions apply. 6. DRAWINGS: Prize winners will be randomly selected in seven (7) drawings from among all eligible entries received for each respective Sweepstakes Week in accordance with the schedule set forth below. Non-winning entries will not be rolled over into subsequent Sweepstakes drawings, except that they will remain eligible for the Grand Prize, First Prize, Second Prize, Third Prize and Fourth Prize drawings. To be eligible for a drawing, entries must be received by 11:59:59 p.m. ET on the date indicated for that Sweepstakes Week. Odds of winning a Fifth, Sixth or Seventh Prize(s) depend upon the number of eligible entries received for each week. Odds of winning the Grand, First, Second, Third, Fourth or Fifth Prize(s) depend upon the total number of eligible entries received throughout the sweepstakes period. Each drawing will occur on or about the dates indicated below and will be conducted by an independent judging organization whose decisions shall be final. All entries submitted during the Sweepstakes Period are only eligible for this Sweepstakes and do not remain eligible for any subsequent Sweepstakes. Limit one (1) Fourth Prize per person/ address/household, one (1) Third Prize per person/ address/household, one (1) Second Prize per person/ address/household, one (1) First Prize per person/ address/household, and one (1) Grand Prize per person/ address/household. SWEEPSTAKES WEEK: PRIZE: ENTRY PERIOD BEGINS: ENTRY PERIOD ENDS: DRAWING DATE (on or about): Week 1 6/18/18 6/21/18 6/22/18 Week 2 6/22/18 6/26/18 6/27/18 Week 3 6/27/18 7/1/18 7/2/18

7 Week 4 7/2/18 7/8/18 7/9/18 Week 5 7/9/18 7/15/18 7/16/18 Week 6 7/16/18 7/22/18 7/23/18 Week 7 Twenty (20) Seventh Prizes, Ten (10) Sixth Prizes, Twelve (12) Fifth Prizes, Five (5) Fourth Prizes, Ten (10) Third Prizes, One (1) Second Prize, One (1) First Prize and One (1) Grand Prize 7/23/18 for Seventh, Sixth and Fifth Prizes. 6/18/18 for Fourth, Third, Second, First and Grand Prizes. 7/30/18 8/7/18 7. WINNER NOTIFICATION: Sponsor will notify any potential Seventh, Sixth, Fifth, Fourth, Third, Second or First Prize winners by . These potential winners will be required to respond to the notification as stated and within the time frame as stated within the notification. Noncompliance within the stated time period will result in disqualification and another winner will be selected in the place of the disqualified person, if time permits. Prize notification returned as non-deliverable will result in disqualification and an alternate winner selected, if time permits. Sponsor is not responsible for suspended or discontinued wireless, online or service that may result in a potential winner not receiving initial prize notification. Fourth Prize winners will receive a unique code and link to a prize claim form. Winners will need to complete and submit this form within seven (7) days to claim their prize. Sponsor will notify the potential Grand Prize winner by telephone or . The potential Grand Prize winner will be required to respond to the telephone call or within forty-eight (48) hours of the notification in order for Young America, the independent judging agency, to capture potential winner s name and mailing address or prize will be forfeited and awarded to an alternate winner. Any potential prize winner who does not respond within forty-eight (48) hours will result in prize forfeiture and an alternate potential winner will be drawn from among all remaining eligible entries received during the Sweepstakes Period. Sponsor is not responsible for suspended or discontinued wireless, online or service which may result in a potential winner not receiving initial prize notification. Sponsor is not responsible for any change in entrant's mailing address and/or telephone number. The Grand Prize winner must complete, sign, and return an Affidavit of Eligibility, Mutually-Acceptable Liability Release, and Publicity Release, and the appropriate tax documents (the Documents ) within seven (7) calendar days of delivery of the Documents, or the prize will be forfeited in its entirety. Travel guest must complete, sign and return an Affidavit of Eligibility and Mutually-Acceptable Liability Release before any ticketing or travel occurs. If attempted notification is returned as undeliverable, if any required documents are not returned within the required number of days, if winner cannot be verified or found, winner is unable to travel during required travel dates, or if winner is otherwise unable to accept the prize as stated, prize will be forfeited and may be awarded to an alternate winner. 8. GENERAL: Prizes will be awarded and/or delivered only to addresses within the United States. Prizes will be delivered within four (4) to six (6) weeks from time of winner notification. Except as determined by Sponsor in its sole discretion, no substitution of prize is offered, no transfer of prize

8 to a third party is permitted, and non-cash prizes may not be redeemed for cash value (unless at the sole discretion of Sponsor). Any difference between the approximate prize value and the actual prize value will not be awarded. Prize winners will be solely responsible for all applicable federal, state and local taxes on prizes. If applicable, winners may receive an IRS Form 1099 for the retail value of the prize. All other expenses on the receipt and use of the prize not specifically mentioned herein are solely the responsibility of the winner. Any portion of a prize not accepted by winner will be forfeited. 9. PUBLICITY: Where permitted by law, by participating in the Sweepstakes, Entrant grants Sponsor and Promotion Parties, and their respective parents, subsidiaries, affiliates, and advertising and promotion agencies, and those acting pursuant to their authority, the right to print, publish, broadcast, and use any materials submitted by Entrant in connection with the Sweepstakes as well as the entrant's name, portrait, picture, likeness, voice, statements attributable to him/her, city and state of residence, and other biographical information for advertising and promotional purposes throughout the world in any and all media now known or existing at any time in the future, without further approval, notification, or compensation. 10. CONDUCT: By entering this Sweepstakes, Entrants agree to be bound by these Official Rules, which are a contract and include limitations of rights and remedies, and the decisions of Sponsor that shall be final and binding in all respects. Failure to comply with these Official Rules may result in disqualification. Sponsor reserves the right at its sole discretion to disqualify any individual found to be tampering with the Entry process or the operation of the Sweepstakes; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. 11. LIMITATIONS OF LIABILITY: PRIZES ARE AWARDED AS IS, WHERE IS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR SUITABILITY FOR A PARTICULAR PURPOSE. SPONSOR AND PROMOTION PARTIES ASSUME NO RESPONSIBILITY OR LIABILITY FOR (A) ANY INCORRECT OR INACCURATE ENTRY INFORMATION, OR FOR ANY FAULTY OR FAILED ELECTRONIC DATA TRANSMISSIONS; (B) ANY UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION OR ALTERATION OF ENTRIES AT ANY POINT IN THE OPERATION OF THIS SWEEPSTAKES; (C) ANY TECHNICAL MALFUNCTION, FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR COMMUNICATIONS LINE FAILURE, REGARDLESS OF CAUSE, WITH REGARD TO ANY EQUIPMENT, SYSTEMS, NETWORKS, LINES, SATELLITES, SERVERS, COMPUTERS OR PROVIDERS UTILIZED IN ANY ASPECT OF THE OPERATION OF THE SWEEPSTAKES; (D) ANY INJURY OR DAMAGE TO PARTICIPANTS OR TO ANY OTHER PERSON'S PHONE WHICH MAY BE RELATED TO OR RESULTING FROM ANY ATTEMPT TO PARTICIPATE IN THE SWEEPSTAKES. IF, FOR ANY REASON, THE SWEEPSTAKES IS NOT CAPABLE OF RUNNING AS PLANNED FOR REASONS WHICH MAY INCLUDE, WITHOUT LIMITATION, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, TECHNICAL FAILURES, OR ANY OTHER CAUSES WHICH MAY CORRUPT OR AFFECT THE ADMINISTRATION, SECURITY, FAIRNESS, INTEGRITY OR PROPER CONDUCT OF THIS SWEEPSTAKES, THEN SPONSOR RESERVES THE RIGHT AT ITS SOLE DISCRETION TO CANCEL, TERMINATE, MODIFY OR SUSPEND THE SWEEPSTAKES IN WHOLE OR IN PART.

9 THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF NEW YORK, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. AS A CONDITION OF PARTICIPATING IN THIS SWEEPSTAKES, YOU AGREE THAT ANY AND ALL DISPUTES WHICH CANNOT BE RESOLVED BETWEEN THE PARTIES, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS SWEEPSTAKES, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, EXCLUSIVELY BEFORE A COURT LOCATED IN NEW YORK HAVING JURISDICTION. FURTHER, IN ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES WILL PARTICIPANTS BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVE ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ATTORNEYS' FEES, OTHER THAN PARTICIPANT'S ACTUAL OUT-OF- POCKET EXPENSES (E.G. COSTS ASSOCIATED WITH ENTERING), AND PARTICIPANTS FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED. 12. RELEASE AND INDEMNIFICATION: ALL ENTRANTS, AS A CONDITION OF ENTRY INTO THE SWEEPSTAKES, AGREE TO FOREVER AND IRREVOCABLY RELEASE, INDEMNIFY AND HOLD HARMLESS THE SPONSOR, SWEEPSTAKES ADMINISTRATORS AND PROMOTION PARTIES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS OR ACTIONS OF ANY KIND WHATSOEVER FOR INJURIES, DAMAGES, OR LOSSES TO PERSONS OR PROPERTY WHICH MAY BE SUSTAINED IN CONNECTION WITH SUBMITTING AN ENTRY OR OTHERWISE PARTICIPATING IN ANY ASPECT OF THE SWEEPSTAKES, THE RECEIPT, OWNERSHIP OR USE OF ANY PRIZE AWARDED, OR WHILE PREPARING FOR, PARTICIPATING IN OR TRAVELING TO OR FROM ANY PRIZE-RELATED ACTIVITY OR ANY TYPOGRAPHICAL OR OTHER ERROR IN THESE OFFICIAL RULES OR THE ANNOUNCEMENT OF OFFERING OF ANY PRIZE. THE WINNER SHALL BEAR ALL RISK OF LOSS OR DAMAGE TO THEIR PRIZE AFTER IT HAS BEEN DELIVERED. 13. WINNERS LIST REQUEST: For the names of the Prize Winners, send a self-addressed, stamped envelope to be received by August 31, 2018 to: 2018 BOB EVAN S PEPSI SUMMER SWEEPSTAKES Winner s List, 10 South 5 th Street, 7 th Floor, Dept , Minneapolis, MN SPONSOR: Pepsi-Cola Company, 700 Anderson Hill Road, Purchase, NY Live Nation is not a sponsor of the Sweepstakes, and is in no way responsible for the administration of the Sweepstakes, the verification of winners or the fulfillment of prizing. All inquiries regarding the Sweepstakes should be directed to Sponsor and not to Live Nation. Live Nation, Rock Flight and Concert Cash are registered trademarks of Live Nation Worldwide Inc.