2024 Mo Bettah’s Big 12 Championship Game Employee Incentive
Official Rules
- Objective: The 2024 Mo Bettah’s Big 12 Championship Game Employee Incentive (the “Incentive”) is a performance-based incentive where each General Manager’s goal is to have the highest growth of Dr Pepper transactions in-store from October 16 – 29, 2024.
- Eligibility: The Incentive is open to Mo Bettah’s General Manager twenty-one (21) and older (“GM”) in UT, ID, TX, MO, NV, OK.
- The Incentive is subject to all applicable federal, state, and local laws. By participating in the Incentive, you agree that: (1) you have read and understand the Official Rules; (2) you meet the Incentive eligibility requirements as explained in the Official Rules; (3) you accept and agree to be bound by these Official Rules, Sponsor’s Conditions of Use located at https://www.keurigdrpepper.com/en/term-of-use, and 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.
- Sponsor: Dr Pepper/Seven Up, Inc. 6425 Hall of Fame Lane, Frisco, TX 75034.
- Administrator: Amp Activate c/o Upshot LLC, PO Box 7775 Cumberland, RI 02864.
- Agreement to Official Rules: Participation in the Incentive and earning a reward is contingent upon fulfilling all requirements set forth herein.
- Timing: The Incentive begins on October 16, 2024, at 12:00 A.M. Eastern Time (“ET”) and ends on October 29, 2024 at 11:59 P.M. ET (the “Incentive Period”). The Radiant reporting system clock is the official time-keeping device for the Incentive.
- How to Participate: Each day during the Incentive Period, participating GMs, who satisfy the Eligibility and Objective requirements as set forth above will be considered for the Reward (defined in Section 9).
- Winner Determination/Rewards/Approximate Retail Value (“ARV”): Following the conclusion of the Incentive Period, one (1) GM with the highest growth in Dr Pepper transactions in-store during the Incentive Period will be considered the winner and will have earned the following Reward: a trip for two (2) with two (2) nights at a Sponsor specified hotel (one, standard-double occupancy room) (ARV: $800), one (1) pair of tickets to the 2024 Big 12® Championship Game on Dec 7, 2024 at AT&T Stadium in Arlington, TX two (2) pre-party passes (ARV: $900), if needed round-trip airline tickets for two (2) (which shall be part of the Reward if the winner lives more than 250 miles away from the AT&T Stadium in Arlington, TX) (ARV: $1500). The total ARV of all rewards available to be awarded in the Incentive is three thousand seven hundred fifty dollars (ARV: $3,750). Winner must use accommodations on the dates determined by Sponsor in its sole discretion or Reward will be forfeited. Accommodations are subject to availability. All expenses and incidental travel costs associated with Reward acceptance and use not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, gratuities, baggage fees, passenger tariffs or duties, airline fees, surcharges, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Travel companion must be twenty-one (21) years of age or older or a minor under the guardianship of the winner. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Winner will not receive difference between actual and approximate retail value. Winner will not be reimbursed for tickets. Tickets may be subject to their standard rain-check policies and procedures. By accepting the Reward, winner agrees to abide by any terms, conditions and restrictions provided by the ticket. All federal, state, and other tax liabilities arising from accepting the Reward in this Incentive are the sole responsibility of the applicable winner. Winner will receive an IRS Form 1099 at the end of the tax year in which they accepted a Reward for the actual value of the Reward earned. Tickets may not be resold or offered for resale. Any such resale may result in disqualification and Reward forfeiture and may invalidate the license granted by the ticket(s). Rewards are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. The decisions of Administrator and Sponsor are final and binding on all matters relating to this Incentive. The potential winner is not an official winner unless and until Sponsor/Administrator confirms such. All Rewards details are at Sponsor’s sole discretion.
- Reward Winner Notification/Verification: No Reward winner is an official winner unless they have returned all necessary paperwork (if applicable), as determined by Sponsor, and/or until Sponsor confirms such. Potential Reward winner will be contacted by Sponsor or Administrator via email with an option to opt out of any Rewards during a timeframe set forth. Sponsor or Administrator may contact the GM of a participating and Eligible Mo Bettah’s restaurant selected as a potential Reward winner via work email or work address, who may be required to confirm certain information to be confirmed as an official Reward winner and to claim their Reward. If the GM selected as a potential Reward winner cannot be contacted, fails to confirm necessary information, has a notification attempt returned as undeliverable, or is suspected or found by the Sponsor and/or Administrator after further research and investigation to not be eligible (for any reason) or not to be an actual Reward winner; said potential Reward winner may be disqualified and will forfeit such Reward. The GM selected as a potential Reward winner may be required to sign and return to Sponsor/Administrator, a Liability/Publicity Release (where lawful) (collectively the “Reward Claim Documents”), within a specified amount of time. Sponsor must receive all Reward Claim Documents by the due date indicated during the notification correspondence, or on the Reward Claim Documents for the winner to receive the reward. If a potential Reward winner fails to respond in the time period specified, if any Reward Claim Documents are not returned within the number of days specified, if any notification or notification attempt is returned as undeliverable or as an error, or if the potential Reward winner declines the reward, then the Reward may be forfeited and an alternate potential winner will be selected, at the Sponsor’s sole discretion and time permitting. If for any reason, there are disputes as to who is an actual Reward winner, the validation of a potential Reward winner, or if more Rewards are claimed than set forth in these Official Rules, in the Sponsor’s and Administrator’s sole discretion, Sponsor and Administrator may override the Incentive computer algorithm and Reward award mechanics and award all Rewards by conducting a random drawing from among all eligible entries received throughout the Incentive Period.
- Publicity: Acceptance of a Reward constitutes permission for the Sponsor and its designees and (“Released Parties”) to use the name, city, state, opinions, and Reward information of the Reward winner in connection with the Incentive 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, Reward 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 Incentive 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 participating GM’s computer or other device related to or resulting from participation in this Incentive. Released Parties are not responsible for any other errors or problems of any kind relating to or in connection with the Incentive, whether typographical, mechanical, network, human, or otherwise, including but not limited to, error(s) or problems which may occur in administration of the Incentive, or in the selection/announcement of the Rewards or the Reward winner, or in any Incentive-related materials. If, for any reason, the Incentive 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 Incentive, the Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Incentive. Should the Incentive be terminated prior to the stated expiration date, notice will be posted where Sponsor deems fit and the Reward will be awarded via a random drawing from among all Eligible entries received 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 Incentive; (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 Incentive. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE INCENTIVE 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. Participating GMs 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 Incentive or any Incentive-related activity, or from acceptance, receipt, possession and/or use/misuse or inability to use a Reward, and (b) have not made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to an Incentive, including, without limitation, to such Reward’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 PARTICIPATING GMs BE PERMITTED TO OBTAIN AWARDS FOR, AND PARTICIPATING GMs 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 PARTICIPATING GM OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE REWARD TO BE AWARDED TO THE GM IN THIS INCENTIVE. 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 INCENTIVE 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 LICENSED TO PRACTICE LAW IN TEXAS. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN COLLIN COUNTY, 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 INCENTIVE SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
- Request for the Names of Winners and/or Official Rules: For the name of the Reward winner, available after the Incentive Period has ended, send a self-addressed stamped envelope, to be received by 11/29/24, to 2024 Mo Bettah’s Big 12 Championship Game Employee Incentive PO Box 7775 Cumberland, RI 02864.