OFFICIAL RULES
The 2023 Kroger Strawberries & Cream Summer Online Sweepstakes
NO PURCHASE NECESSARY TO PARTICIPATE OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW.
Eligibility/Participation: The 2023 Kroger Strawberries & Cream Summer Online Sweepstakes (the “ Promotion ”) is open only to legal U.S residents of the eligible area zones of Group 1 in the states of Indiana, the commonwealth of Kentucky or Ohio; Group 2 in the states of Alaska, California, Idaho, Oregon or Washington; Group 3 in the states of Arizona, Louisiana, Oklahoma or Texas; Group 4 in the sates of Illinois, Michigan or Wisconsin; Group 5 in the states of Alabama, Arkansas Florida, Georgia, Mississippi, South Carolina, Tennessee, Virginia or West Virginia; Group 6 in the states of, Colorado, Kansas, Missouri, Montana, Nebraska, New Mexico, Nevada, Utah or Wyoming, (“ Eligibility Area ”) ; who are eighteen (18) years of age or older, or the age of majority in their jurisdiction of residence, whichever is greater, as of the date of their participation and entry. Franchisees and employees, directors and officers of Dr Pepper/Seven Up, Inc. (“ Sponsor ”), The Sunflower Group (“ Administrator ”), and each of their respective affiliates, franchisees, parents, subsidiary companies, advertising and promotion agencies, employees, shareholders, directors, officers, members, successors, agents and assigns (collectively, the “ Released Parties ”), and members of the immediate families (spouses, parents, children, and siblings and their respective spouses, regardless of where they reside), and/or those living in the same household, whether or not related, of any of the foregoing are not eligible. Void outside the Eligibility Area and where prohibited, or otherwise restricted by law. Promotion is subject to all applicable federal, state, and local laws. By participating in the Promotion, you agree that: (1) you have read and understand the Official Rules; (2) you meet the Promotion eligibility requirements as explained in the Official Rules; (3) you accept and agree to be bound by these Official Rules, to Sponsor's Conditions of Use, Legal Notices and Privacy Policy as published at https://www.keurig.com/content/privacy-policy; and (4) you unconditionally accept and agree to comply with and abide by the decisions of Sponsor and Administrator, whose decisions shall be final and binding in all respects.
Promotion Period : The Promotion begins at 12:00:00 am Central Time (“ CT ”) on May 24, 2023 and ends at 11:59:59 pm CT on July 18, 2023 (the “ Promotion Period ”).
How To Enter : During the Promotion Period, visit www.DrPepperGiftCard.com (“ The “Promotion Site”) or scan the QR code which can be found on promotional material. The code will take you to the website where you will complete the information requested on the entry form to enter. There is a limit of one (1) entry (“Entry”) per person per day throughout the entire promotion period. No incomplete or automated Entries will be accepted. Multiple Entrants are not permitted to share the same email address. Incomplete Entries, Entries generated by script, macro or other automated means, or Entries that do not fully comply with these Official Rules, or Entries which subvert the entry process, in the sole discretion of Sponsor, shall be ineligible. Proof of submission of Entry does not constitute proof of delivery or entry during the Promotion Period. All entries become the exclusive property of Sponsor and will not be acknowledged. In the event of any dispute concerning the identity of any Entrant, the relevant entry will be deemed submitted by the authorized account holder of the email address associated with the Entry and such individual must comply with these Official Rules. To participate in this Promotion, each Entrant will be subject to Sponsor’s Terms of Use (https://www.keurigdrpepper.com/en/term-of-use) and Privacy Policy (https://www.keurig.com/content/privacy-policy) where applicable.
Winner Determination/Prize/Approximate Retail Value (“ ARV”): On or about two (2) business days after the Promotion Period has ended, Administrator, an independent judging agency, shall perform a Prize Drawing from among all eligible Entries received (“Prize Drawing”), to select fifty-one (51) potential Prize winners in each of the six (6) eligible Group areas (“Prize Winners”). Once confirmed, as detailed below, one (1) Grand Prize winner will receive one (1) $1,000 Kroger Gift Card, and fifty (50) First Prize winners will receive one (1) $100 Kroger Gift Card in each of the six (6) eligible Group areas. The total ARV of all prizes to be awarded is thirty-six thousand dollars ($36,000). Limit one (1) Prize per person. Winner may be required to sign an affidavit of eligibility and release of publicity/liability within the time Sponsor or Administrator specifies or prize may be forfeited. The decisions of Administrator and Sponsor are final and binding on all matters relating to this Promotion. Odds of winning a Prize are dependent upon the total number of eligible Entries received. In no event will Sponsor be responsible for awarding more than the stated number of Prizes herein. No transfer, substitution, or cash equivalent for any Prize, in whole or in part, will be permitted, except at Sponsor's sole discretion due to Prize unavailability for any reason, and only then for a prize of greater or comparable value determined by Sponsor shall be allowed. All federal, state, and other tax liabilities, if any, and all other costs and expenses associated with Prize acceptance and use not specified herein as being provided in this Sweepstakes are the sole responsibility of the Prize Winners. The Prize Winners will receive an IRS Form 1099 (if applicable) at the end of the tax year in which they accepted the Prize for the actual value of the Prize awarded. All Prize details are at Sponsor’s sole discretion.
Prize Winner Notification/Verification: The potential Prize winner is not an official winner unless and until Sponsor/Administrator confirms such. The potential Prize winner will be notified via email to the email address or phone number (if available) provided, on or about one (1) business day after the Prize Drawing. Administrator will make two (2) attempts to contact each potential Prize winner via such method. Potential Prize winner will have one (1) business day from the time of the first notification attempt to respond to Administrator or potential Prize Winner will be disqualified and Administrator will select/notify an alternate potential Prize Winner, time permitting. If in any instance, notification attempt(s) for a potential Prize Winner fails for any reason, or if a potential Prize Winner is found to have not complied with these Official Rules, fails to return any of the requested documents within the timeframe provided, or cannot accept the Prize for any reason, the applicable Prize will be forfeited and an alternate potential Prize Winner will be selected from among remaining eligible Entries for the applicable drawing, if any, time permitting.
Publicity Grant: Acceptance of a Prize constitutes permission for the Sponsor and its designees to use the name, account information, email, or actual or simulated likeness, biographical information, city, state, opinions, and Prize information of the Prize winner in connection with the Promotion and the marketing thereof (including, without limitation, for advertising and promotional purposes), in perpetuity, throughout the universe, in all media, without additional compensation, notification or permission, unless prohibited by law. Further, each Prize winner hereby indemnifies the Released Parties from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from breach of these Official Rules.
General Terms/Limitation of Liability: Noncompliance with any of these Official Rules may result in disqualification. Released Parties assume no responsibility for late, lost, jumbled, stolen, delayed, misdirected, incorrect, or inaccurate Entries, email, calls, or other communications of any kind whether caused by any of the equipment or programming associated with or utilized in this Promotion or by any human error. Released Parties are not responsible for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or other services, providers, computer equipment, software, failure of any e-mail, technical problems, or traffic congestion on the Internet or at any website, including, without limitation, any injury or damage to participant's or any other person's computer or other device related to or resulting from participation in this Promotion. Released Parties are not responsible for any other errors or problems of any kind relating to or in connection with the Promotion, whether typographical, mechanical, network, human, or otherwise, including but not limited to, error(s) or problems which may occur in administration of the Promotion, or in the selection/announcement of the Prize or the Prize winners, or in any Promotion-related materials. If, for any reason, the Promotion is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Promotion. Should the Promotion be terminated prior to the stated expiration date, notice will be posted where Sponsor deems fit and the Prizes will be awarded via random drawings from among all eligible Entries received for the applicable Eligibility Areas up until and or after (if applicable) the time of modification, cancellation, or termination, or in a manner that is fair and equitable as determined by Sponsor . All interpretations of these Official Rules and decisions by Sponsor are final. No software-generated, robotic, programmed, script, macro or other automated tweets are permitted. Sponsor reserves the right in its sole discretion to disqualify any individual it suspects or find: (i) to have used a software-generated, robotic, programmed, script, macro or other automated online tweet; (ii) to have tampered with the participation process or the operation of this Promotion; (iii) to be acting in violation of these Official Rules; (iv) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (v) to have provided inaccurate information on any legal documents submitted in connection with this Promotion. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION 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 INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Participants agree that the Released Parties, (a) shall not be responsible or liable for, and hereby release the Released Parties from, any claims, losses, damages or injuries of any kind (including death) resulting, in whole or in part, directly or indirectly, from participation in the Promotion or any Promotion-related activity, or from acceptance, receipt, possession and/or use/misuse or inability to use a Prize, and (b) have not made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to a Prize, including, without limitation, to such Prize’s quality or fitness for a particular purpose. The Released Parties shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of any of their agents, servants, employees or independent contractors; (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties; or (3) by any other cause, condition or event whatsoever beyond the control of the Released Parties. Failure of Sponsor to enforce any provision herein shall not be deemed a waiver of such. UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND PARTICIPANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL SPONSOR BE LIABLE TO ANY PARTICIPANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE INDIVIDUAL ENTRANT IN THIS PROMOTION. If a court, or other tribunal of competent jurisdiction, shall hold any of the provisions of these Official Rules to be illegal, invalid, or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Official Rules shall otherwise remain in full force and effect.
Governing Law/Venue : THE PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN TEXAS. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF. THE RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN TEXAS. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW TEXAS. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
Request for the Names of Winners and/or Official Rules: For the names of the Prize winners, available after the Promotion Period has ended, send a self-addressed stamped envelope, to be received by 8/1/23, to KDP Kroger Strawberries & Cream Summer Sweepstakes PO Box 7775 Cumberland, RI 02864.
SPONSOR : Dr Pepper/Seven Up, Inc. 6425 Hall of Fame Lane, Frisco, TX 75034