The 2025 The Dr Pepper®️ & Habit Burger & Grill Ultimate Homegate Social Sweepstakes

Official Rules

1. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE OR WIN A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY INSTAGRAM.

THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.

NOTICE REGARDING DISPUTE RESOLUTION: These 2025 The Dr Pepper®️ & Habit Burger & Grill Ultimate Homegate Social Sweepstakes Official Rules (“Official Rules”) contain terms that govern how claims between you and Sponsor (The Habit Restaurants, LLC), relating to your participation this Sweepstakes, will be resolved. For example, Section 9 includes an arbitration agreement and waiver of a class action that requires you to submit all claims to arbitration (instead of going to court before a judge and jury) and limits your ability to bring claims only in an individual capacity (and not as part of or on behalf of any class action or purported collective or representative claim or proceeding). Please read these provisions carefully as they affect your legal rights. You acknowledge that you have read and agree to be bound by these Official Rules.

2. Eligibility/Participation: The 2025 Dr Pepper®️ & Habit Burger & Grill Ultimate Homegate Social Sweepstakes (the “Sweepstakes”) is open only to legal U.S. legal residents currently residing in Arizona, California, Idaho, Maryland, The Commonwealth of Massachusetts, Nevada, New Jersey, North Carolina, The Commonwealth of Pennsylvania, South Carolina, Utah, The Commonwealth of Virginia and Washington (“Eligibility Area”); who are eighteen (18) years of age or older as of the date of their entry (“Entrant”). Franchisees and employees, directors and officers of The Habit Restaurants, LLC (“Sponsor”), Amp Activate c/o Upshot LLC (“Administrator”), Dr Pepper/Seven Up Inc. (“Prize Fulfillment”) and any of their respective affiliates, franchisees, parents, subsidiary companies, and advertising and promotion agencies (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, of any of the foregoing are not eligible. Employees (and their family members and/or household relatives) of any retailer are not eligible to participate in this Sweepstakes. Void outside the Eligibility Area and wherever prohibited or otherwise restricted by law. Sweepstakes is subject to all applicable federal, state, and local laws. By participating in the Sweepstakes, you agree that: (1) you have read and understand the Official Rules; (2) you meet the Sweepstakes eligibility requirements as set forth in the Official Rules; (3) you accept and agree to be bound by these Official Rules, and Sponsor’s Terms of Use located at https://www.habitburger.com/terms-conditions/ and Privacy Policy accessible at https://privacy.habitburger.com/policies ; and (4) you unconditionally accept and agree to comply with and abide by the decisions of Sponsor, whose decisions shall be final and binding in all respects.

3. Sweepstakes Period: The Sweepstakes begins at 10:00 a.m. Pacific Time (“PT”) on September 8, 2025 and ends at 11:59 pm PT on September 25, 2025 (the “Sweepstakes Period”).

4. How to Enter: To enter, during the Sweepstakes Period, an Instagram account, a web-enabled mobile device (e.g., iPhone/iPad/iPod Touch, Android, etc.) (each, an “Eligible Device”), and Internet access are required for entry. If you don’t already have an Instagram account, visit http://www.instagram.com/ to create one. Please note that you must agree to comply with the Instagram Terms of Service (http://instagram.com/legal/terms/) in order to create your Instagram account. It is free to create an account. Entrant Instagram accounts must be set to public in order to enter the sweepstakes. To enter, during the Sweepstakes Period, you must comment in response to the Habit Burger & Grill Instagram posts on on 9/8 to 9/11, 9/15 to 9/18 and 9/22 to 9/25 about the Sweepstakes and include #HabitxDrPepperSweepstakes in your comment. You must also like the sweepstakes posts throughout the sweepstakes period and be following @habitburgergrill and @drpepper in order to enter the sweepstakes. There is a limit of one (1) Entry, per person, throughout the Sweepstakes Period.

5. Prize Drawing/Prizes/Approximate Retail Value (“ARV”): On or about one (1) business day after the Sweepstakes Period had ended, Sponsor, shall perform a prize drawing, from among all Entries, in order to select one (1) potential Grand Prize (“Grand Prize”) winner and Twenty (20) First Prize Winners (“Prize Winners”). The Grand Prize Winner will be chosen at the conclusion of the Sweepstakes and ten (10) first prize winner will be randomly selected each week for two (2) weeks for a total of twenty (20) First Prize Winners. Once confirmed, as detailed below, the Grand Prize Winner will receive the following one (1) Dr Pepper branded Cornhole set, one (1) Dr Pepper branded Igloo cooler, one (1) Dr Pepper branded football toss game, one (1) Dr Pepper x Habit Burger co-branded Giant 4 in a row game, ten (10) Dr Pepper x Habit Burger co-branded Aprons, ten (10) Dr Pepper x Habit Burger co-branded Sports Packs, twenty (20) Dr Pepper branded koozies, twenty (20) Dr Pepper branded and Habit Burger branded face tattoos, Habit Burger $350 gift card and Habit Burger catering voucher. The total ARV of the Grand Prize is one thousand seven hundred dollars (ARV: $1,700). Once confirmed, as detailed in the chart below ten (10) First Prize Winners (“Prize Winners”) will be randomly selected each week for two (2) weeks for a total of twenty (20) First Prize Winners. Each of the winners will receive a Dr Pepper branded Cornhole set (ARV: $250) and a Habit Burger gift card (ARV: $50). The ARV of the First Prizes is six thousand dollars (ARV: $6,000). The total ARV of all prizes available to be awarded through the sweepstakes is six thousand seven hundred dollars ($7,700). In the event there are not enough eligible Entries to award the prizes, Sponsor retains the right to not award the Prizes. The decisions of Sponsor are final and binding on all matters relating to this Sweepstakes. Odds of winning the Prize are dependent upon the total number of eligible Entries received per method during the Sweepstakes Period. No transfer or substitution for the First Prize, will be permitted. 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 First Prize Winners. Any valuation of the Prize(s) is based on available information provided to the Sponsor, and the value of any Prize awarded to a winner may be reported to the IRS as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to Prize acceptance and use not specified herein. All First Prize details are at Sponsor’s sole discretion. No more than the advertised number of prizes shall be awarded. The prize gift card is subject to its own terms and conditions. There is a limit of one (1) Prize (First Prize or Grand Prize) per person for this Sweepstakes.

Entry Periods and Drawing Dates

Entry Period Entry Period Begins -Ends Drawing Dates #Prize Winners AVR of Prizes Awarded
1 9/8/25 at 12:00:00 AM ET – 9/11/25 at 11:59:59 PM ET 9/12/2025 10 $3,000.00
2 9/15/25 at 12:00:00 AM ET – 9/18/25 at 11:59:59 PM ET 9/19/2025 10 $3,000.00
3 9/22/25 at 12:00:00 AM ET – 9/25/25 at 11:59:59 PM ET 9/26/25 1 $1,700.00

Multiple participants are not permitted to share the same email address or Instagram account. Incomplete Entries, Entries generated by script, macro or other automated means, Entries that do not fully comply with these Official Rules, including, without limitation the submission guidelines (“Submission Guidelines”) detailed below, or Entries which subvert the entry process, in the sole discretion of Sponsor, will not be eligible. Proof of submission of post does not constitute proof of delivery or Entry during the Sweepstakes Period. Entries received from any person, regardless of email address used, in excess of the above stated limitation, will be void. All Entries must be received during the Sweepstakes Period to be eligible. The computer clock of the Sponsor is the official timekeeping device. All Entries become the property of Sponsor and will not be returned, and Sponsor will not verify receipt of Entries. Using the above referenced hashtag in your post constitutes your consent to these Official Rules. This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with Instagram. You understand that you are providing your information to Sponsor, and not to Instagram. There is a limit of one (1) Entry per person, per method, for the entire Sweepstakes Period. Multiple participants are not permitted to share the same email address or Instagram account. Incomplete Entries, Entries generated by script, macro or other automated means, Entries that do not fully comply with these Official Rules, including, without limitation the submission guidelines (“Submission Guidelines”) detailed below, or Entries which subvert the entry process, in the sole discretion of Sponsor, will not be eligible. Proof of submission of post does not constitute proof of delivery or Entry during the Sweepstakes Period. Entries received from any person, regardless of email address used, in excess of the above stated limitation, will be void. All Entries must be received during the Sweepstakes Period to be eligible. Message and data rates may apply if web-enabled mobile device is used to enter.

6. Submission Guidelines: Each Entry that is submitted to this Sweepstakes must comply with the following Submission Guidelines to be eligible. Any Entry that, in Sponsor’s sole and absolute discretion, violates these Official Rules or the Submission Guidelines below will be disqualified and/or will not be eligible to win a prize.

The Entry MUST, in the sole discretion of Sponsor:

  • Be written in English.

The Entry must NOT, in the sole discretion of Sponsor:

  • Contain material that violates or infringes upon another’s rights, including but not limited to privacy, publicity or intellectual property rights (including, without limitation, trademark or copyright infringement), without permission;
  • Disparage Sponsor or its products or services, Sponsor’s competitors or their products or services, or any other person or party affiliated with the Sweepstakes;
  • Contain company names, product names, brand names or trademarks other than those owned by Sponsor, which participant has a limited license to use for this Sweepstakes;
  • Contain the names, likenesses, or other indicia identifying any celebrities and/or other public or private figure, living or dead, without permission;
  • Contain material that is inappropriate, indecent, obscene, profane, hateful, tortious, defamatory, slanderous, controversial or libelous;
  • 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;
  • Contains material that markets claims about Sponsor’s products that are untruthful, false, unsubstantiated, or unapproved by Sponsor;
  • Contain material that is unlawful, in violation of or contrary to applicable laws or regulations; and/or
  • Contain material in which the Released Parties do not wish to associate themselves with, in their sole discretion.

7. Prize Winner Notification/Verification: Potential Prize winners must comply with these Official Rules as published in order to be confirmed as an official winner and accept their Prize. Sponsor will not accept any screen shots or other proof in lieu of their verification process, and all decisions of Sponsor are final and binding. On or about one (1) day after the Prize Drawing Sponsor or Administrator will notify the potential Prize winners via Instagram Direct Message and will be asked to provide additional information back to the Sponsor, including email address (note: in order to receive such direct message, you may have to have your account settings set to “unprotected” or “public”). Potential Prize winners must respond within two (2) calendar days of such attempted notification, or the prize will be forfeited, and an alternate potential Prize winner will be selected and notified. Sponsor will attempt to contact the potential Prize winners two (2) times during a two (2) calendar day period. Noncompliance within this time period or return of Prize/Prize notification as undeliverable will result in disqualification without further notice and an alternate winner may be selected, from among remaining eligible Entries, if any. If any alternate(s) similarly fails to respond or declines the Prize, the Prize(s) will be finally forfeited and Sponsor shall have no further liability in connection with this Sweepstakes, except where prohibited.

Use of Personal Information: The Sponsor will retain the entrant’s personal data for a reasonable period of time to enable it to send that entrant any prize that they have won and to verify that these Official Rules have been complied with, and for accounting purposes. This data may be passed to a third party to enable such third party to fulfill any necessary requirements relating to the award of a prize. Any other use of personal data will be in accordance with, and subject to, the Sponsor’s Privacy Policy.

8. General Terms/Limitation of Liability: Noncompliance with any of these Official Rules may result in disqualification. Sponsor assumes no responsibility for late, lost, jumbled, incorrect, or inaccurate posts/Entries, whether caused by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error. Sponsor is 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 Instagram), including, without limitation, any injury or damage to participant’s or any other person’s computer related to or resulting from participation in this Sweepstakes. Sponsor is not responsible for any typographical or other error(s) in administration of the Sweepstakes, or in the announcement of the Prize winner. Sponsor reserves the right to cancel or modify the Sweepstakes for any reason, including (but not limited to) if, for any reason, the Sweepstakes is not capable of running as planned, including 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 the Sweepstakes. If such cancellation occurs, Sponsor reserves the right to select the Prize Winners from among all eligible Entries submitted prior to cancellation. All interpretations of these Official Rules and decisions by Sponsor are final. No software-generated, robotic, programmed, script, macro or other automated Entries, comments, posts and statuses are permitted. Sponsor reserves the right in their sole discretion to disqualify any individual they suspect or find: (i) to have used a software-generated, robotic, programmed, script, macro or other automated Entry; (ii) to have tampered with the participation process or the operation of this Sweepstakes; (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 Sweepstakes. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND/OR 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. Entrants agree that the Released Parties, and Instagram, (a) shall not be responsible or liable for, and Entrants hereby release and waive all claims of liability against the Released Parties, and Instagram from, any claims, liabilities, losses, damages or injuries of any kind (including death) resulting, in whole or in part, directly or indirectly, from participation in the Sweepstakes or any Sweepstakes-related activity, or from acceptance, receipt, possession and/or use/misuse or inability to use the Prize, including the awarding or shipping/handling of any prize and any travel related thereto and (b) have not made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to the prize, including, without limitation, to such Prize’s quality or fitness for a particular purpose. By accepting the prize, winner(s) hereby agrees to release each of the Released Parties from any and all claims in connection with the Sweepstakes and the award or use of the prizes. The Released Parties, and Instagram 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. The Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Released Parties’ sole control. Upon awarding the prize, the Sponsor will have no further obligation to winner. UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND PARTICIPANTS HEREBY WAIVE ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, 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 SWEEPSTAKES. In the event that 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. For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.

9. Governing Law/Venue/Arbitration: All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in this Section 9 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the County of Orange.

By participating in this Sweepstakes, entrant and Sponsor agree that disputes that cannot be resolved informally shall be resolved through binding individual arbitration with limited exceptions, as fully described in Section 3 of the Sponsor’s Terms of Use, which are expressly incorporated by reference. As described in those terms, entrant and Sponsor agree that the arbitrator may award the same relief available in court provided that such relief (including declaratory or injunctive relief) shall only be in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim. ENTRANT AND SPONSOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING IN ARBITRATION OR IN LITIGATION. FURTHER, UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE ANY PERSON’S OR ENTITY’S CLAIMS WITH THOSE OF ANOTHER PERSON OR ENTITY AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. IF AFTER EXHAUSTION OF ALL APPEALS ANY OF THESE PROHIBITIONS ON NON-INDIVIDUALIZED RELIEF; CLASS, REPRESENTATIVE, COLLECTIVE, AND PRIVATE ATTORNEY GENERAL CLAIMS; AND CONSOLIDATION IS FOUND TO BE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR WITH RESPECT TO A PARTICULAR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR INJUNCTIVE RELIEF), THEN THE PARTIES AGREE THAT SUCH A CLAIM OR REQUEST FOR RELIEF SHALL BE DECIDED BY A COURT AFTER ALL OTHER CLAIMS AND REQUESTS FOR RELIEF ARE ARBITRATED. Notwithstanding the foregoing, either party retains the right to have a dispute heard in small claims court provided the dispute falls within the jurisdictional limits of that court and otherwise qualifies for that court, seeks individualized relief, and so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction.

Sponsor reserves the right to determine eligibility should special circumstances arise. Sponsor’s decisions are final and binding. Sponsor disclaims any responsibility to notify entrants of any aspect related to the conduct of the Sweepstakes. As a condition of participating in the Sweepstakes, entrants agree (and agree to confirm in writing) that: (a) under no circumstances will entrant be permitted to obtain costs, judgments, or awards for, and entrant hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, entrant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every entrant. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon entrant’s fulfillment of all requirements set forth herein.

10. Request for the Name of Winner and/or Official Rules: For the name of the winner, available after the Sweepstakes Period has ended, send a self-addressed stamped envelope, to be received by 10/25/25, to: The 2025 Dr Pepper & Habit Burger & Grill Ultimate Homegate Social Sweepstakes, PO Box 7775 Cumberland, RI 02864. Please note on the left-hand corner of your outer envelope if you are requesting the Names of Winners or Official Rules.

11. Sponsor: The Habit Restaurants, LLC, 1 Glen Bell Way, Irvine, CA 92618

12. Abbreviated Rules:

NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. Must be a legal resident of AZ, CA, ID, MD, MA, NV, NJ, NC, PA, SC, UT, VA or WA; 18+ as of the date of entry. The Sweepstakes begins on 9/8/25 at 10:00 a.m. PT and ends on 9/25/25 at 11:59 p.m. PT. To enter you must like, comment with the appropriate hashtag (#HabitxDrPepperSweepstakes), in response to the @habitburgergrill Instagram posts on 9/8 to 9/11, 9/15 to 9/18 and 9/22 to 9/25 about the sweepstakes. There is a limit of one (1) entry per person. For Official Rules, visit: https://kdppromotions.com/habitburger

Sponsor: Habit Burger & Grill 1 Glen Bell Way, Irvine, CA 92618

DR PEPPER is a registered trademark of Dr Pepper/Seven Up, Inc. ©2025 Dr Pepper/Seven Up, Inc.

Shorter Version:

NoPurNec. 18+ Ends 9/25/25 11:59pm ET. Rules: https://kdppromotions.com/habitburger