Purple Thunder Giveaway Official Rules

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

NO PURCHASE OR PAYMENT NECESSARY. INTERNET ACCESS REQUIRED. DATA RATES MAY APPLY IF ENTERING VIA A MOBILE DEVICE.

1. SWEEPSTAKES PERIOD

The Sweepstakes begins on June 5, 2023 at the time of the Sweepstakes post(s) (as described below) and ends on June 19, 2023 at 11:59:59 p.m. Eastern Time ("Sweepstakes Period"). The time clock of the Sweepstakes Administrator’s (defined below) computer is the official timekeeping device for this Sweepstakes.

2. HOW TO ENTER

NO PURCHASE NECESSARY. There are two (2) ways to enter the Sweepstakes as described below.

To enter via Instagram: During the Sweepstakes Period, watch for the Sweepstakes post on @circlekstores on Instagram (Instagram.com/circlekstores) and use your personal Instagram account to comment on the post with #PurpleThunderversary #sweepstakes (“Hashtags”) (altogether, the “Entry”) using either your mobile device or a desktop/laptop computer to receive one (1) entry into the Sweepstakes. Entrant must be a registered user of Instagram and follow Sponsor’s handle @circlekstores on Instagram for the duration of the Sweepstakes. To create a free Instagram account, follow the onscreen instructions to register at http://Instagram.com. To become a follower of @circlekstores, visit Instagram.com/circlekstores and choose to follow. Your Instagram setting must be set to “unprotected” and “public” in order for your Entry to be viewable by Administrator and allow direct messages from anyone so that you may be contacted by Administrator if you are selected as a potential winner.

To enter via Twitter: During the Sweepstakes Period, watch for the Sweepstakes post on @circlekstores on Twitter (Twitter.com/circlekstores) and use your personal Twitter account to quote retweet the Sweepstakes post with #PurpleThunderversary #sweepstakes (“Hashtags”) (altogether, also an “Entry”) using either your mobile device or a desktop/laptop computer to receive one (1) entry into the Sweepstakes. Entrant must be a registered user of Twitter and follow Sponsor’s handle @circlekstores on Twitter for the duration of the Sweepstakes. To create a free Twitter account, follow the onscreen instructions to register at http://twitter.com. To become a follower of @circlekstores, visit Twitter.com/circlekstores and choose to follow. Your Twitter setting must be set to “unprotected” and “public” in order for your Entry to be viewable by Administrator and allow direct messages from anyone so that you may be contacted by Administrator if you are selected as a potential winner.

The Hashtags (defined above) MUST be included in order for your Entry to be valid. By using the Hashtags, you are consenting to receive direct messages to the social media account(s) used for entry, if you are selected as a potential winner. Entries will not be judged. Winners will be selected via a random drawing.

Limit one (1) Entry per person per Instagram account during the Sweepstakes Period. Limit one (1) Entry per person per Twitter account during the Sweepstakes Period.

Each Entry submission must be manually key stroked and/or 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 sweepstakes service) will be disqualified and transmissions from such scripts, macros, bots or sweepstakes services or related social media accounts or IP addresses may be blocked. If it is discovered that an entrant used multiple social media accounts or manipulated their contact information, for the purpose of obtaining more than one (1) entry per Instagram and one (1) entry per Twitter, such persons will be disqualified and all of their Entries shall be deemed invalid and any prize awarded to them shall be forfeited.

Incomplete, deceptive or garbled Entries are not eligible. Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect the ability to locate or record an Entry. Entry must comply with these Official Rules and the Instagram Terms of Use and Community Guidelines or The Twitter Rules found at https://www.instagram.com/legal/terms or https://help.twitter.com/en/rules-and-policies/twitter-rules, respectively (depending on entry method used to enter). In the event of a conflict between the Sweepstakes Official Rules and Instagram Terms of Use and Community Guidelines or The Twitter Rules, the Sweepstakes Official Rules shall govern.

Any Entry or portion thereof that is, in the Sponsor's sole discretion, inconsistent with Sponsor's desired image, offensive, obscene, profane, lewd, defamatory, contains any proper names, third party materials, or otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand (other than Sponsor’s) or other proprietary right of any entity or person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light), or is otherwise objectionable, will not be accepted as an Entry and may disqualify entrant from further participation in the Sweepstakes.

All entrants must have a valid email address. The name of the person submitting the Entry must be the authorized account holder of the email address associated with the social media account used to enter or Entry may be deemed void. Multiple entrants may not share the same email address or social media account. In the event of a dispute over

the identity of an entrant, the Entry will be declared made by the authorized account holder of the email address associated with the social media account in which the Entry submitted. The potential winners may be required to provide identification sufficient to show that they are the authorized account holder of such account.

If entering with 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 charges. Entrants are solely responsible for any such wireless charges. Mobile entry is not required to submit an Entry or win a prize in this Sweepstakes.

3. ELIGIBILITY

The Sweepstakes is open only to legal U.S. residents residing in one of the fifty (50) United States or the District of Columbia who are eighteen (18) years of age or older (19 or older for Alabama and Nebraska residents) at the time of entry. The following persons are not eligible to participate or win: employees, contractors, directors, and officers of PepsiCo, Inc., Pepsi-Cola Company (“Sponsor”) its bottlers, Genesco Sports Enterprises, Inc. (“Administrator”), and Circle K Stores Inc., each of their respective parent, subsidiary and affiliated companies, distributors, participating locations, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Sweepstakes (collectively, “Promotion Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and/or “step”) of each and those living in their same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Sweepstakes). No groups, clubs or organizations may enter or win a prize or reproduce or distribute any portion of these Official Rules to its members.

4. DRAWING

The potential winners will be selected in a random drawing on or about June 22, 2023 from among all eligible entries received by the Administrator, whose decisions are final in all matters relating to this Sweepstakes. Odds of winning depend on the number of eligible Entries received. Entries submitted during the Sweepstakes Period are only eligible for this Sweepstakes and do not remain eligible for any subsequent sweepstakes. Limit one (1) prize per person/household.

5. PRIZE DETAILS

All prizes awarded for the Sweepstakes will be MTN DEW® PURPLE THUNDER® branded. The prizes are as follows:

Twenty (20) First Prizes will be awarded, each consisting of one (1) men’s bathing suit and one (1) inflatable. Approximate Retail Value (“ARV”) of each First Prize is $151.00.
Twenty (20) Second Prizes will be awarded, each consisting of one (1) body pillow and one (1) pair of socks. ARV of each Second Prize is $124.00.
Twenty (20) Third Prizes will be awarded, each consisting of one (1) towel and one (1) men’s bathing suit. ARV of each Third Prize is $88.00.
Twenty (20) Fourth Prizes will be awarded, each consisting of one (1) hoodie and one (1) beanie hat. ARV of each Fourth Prize is $74.00.
Winner does not receive his or her choice of apparel sizes; no substitutions allowed. Total ARV of all prizes is $8,740.00.

6. WINNER NOTIFICATION

Potential winners will be notified by email at the email address provided upon entry (“Notification”). The Notification will provide information regarding how to claim the prize. Prizes must be claimed within seventy-two (72) hours of Notification or the prize may be forfeited and awarded to an alternate winner in Sponsor’s sole discretion. If (a) a Notification or prize is returned as undeliverable; (b) a potential winner does not properly claim their prize (as instructed within the Notification); (c) a potential winner cannot be verified or is otherwise unable to accept the prize as stated, prize may be forfeited and awarded to an alternate winner. Upon forfeiture of a prize, for any reason as stated within these Official Rules, no compensation will be given. Prizes will be shipped within eight (8) to twelve (12) weeks of winner verification.

7. GENERAL

This Sweepstakes is governed by the laws of the United States and of the State of New York without respect to conflict of law doctrines. Void where prohibited. The potential winners may be required to provide proof of legal U.S. residency if requested by Sponsor to determine eligibility and as a condition of prize award. No substitution of prize is offered, no transfer of prize to a third party is permitted and a non-cash prize or any portion thereof may not be redeemed for cash value, except as determined by Sponsor in its sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value in the event the prize becomes unavailable. Unclaimed prizes will not be awarded. As a condition of participating in this Sweepstakes, entrants 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 entrants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys’ fees, other than entrants' actual out-of-pocket expenses (e.g. costs associated with participating), and entrants further waive all rights to have damages multiplied or increased. Winners will be solely responsible for paying all applicable federal, state and local taxes on prize, if any. All other expenses on the receipt and use of a prize not specifically mentioned herein are solely the responsibility of the winner. Any portion of a prize not accepted or used by a winner for any reason will be forfeited. Any difference between stated value and actual value will not be awarded.

8. CONDUCT

By participating in this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the Sponsor which shall be final and binding in all respects. Failure to comply with these Official Rules may result in disqualification. Sponsor and Administrator reserve the right, at their 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 to be in violation of the Official Rules; or to be acting in any manner deemed 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 DAMAGE, DESTROY, TAMPER OR VANDALIZE A SOCIAL MEDIA PLATFORM ASSOCIATED WITH THIS SWEEPSTAKES OR 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 (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

9. LIMITATIONS OF LIABILITY

Sponsor and Promotion Parties assume no responsibility or liability for (a) any incorrect or inaccurate entry information submitted by entrant, 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) inaccessibility or unavailability of any social media platform associated with the Sweepstakes, network or wireless service or any combination thereof; (e) suspended or discontinued Internet or wireless service; (f) any injury or damage to entrants or to any other person's computer, mobile device or property which may be related to or resulting from any attempt to participate in the Sweepstakes or download of any materials in the Sweepstakes; (g) any suspended or discontinued Internet or wireless service or a change in winner’s social media account or email address which may result in a potential winner not receiving a prize Notification; or (h) any undelivered or unanswered DM’s or emails, including without limitation, emails or DM’s that are not received because of a winner’s privacy or spam filter settings which may divert any Sweepstakes email, including any winner Notification, to a spam or junk folder. If, for any reason, the Sweepstakes is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes, including but not limited to Acts of God, pandemics, epidemics, weather, fire, strike, acts of war or terrorism, government restriction, or any other condition beyond their control, 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. In the event of any such cancellation, termination or suspension, a notice will be posted on @circlekstores on Instagram and @circlekstores on Twitter. In such event, Sponsor reserves the right to award any remaining prizes in a manner deemed fair and equitable by Sponsor, such as by way of example and not by way of limitation, in a random drawing from among all eligible, non-suspect Entries received up to the time of the impairment, and Sponsor shall not have any further liability to any entrant in connection

with the Sweepstakes. Sponsor may modify and amend these Official Rules as they appear online from time to time during the Sweepstakes for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. Sponsor and Administrator reserve the right, in their sole discretion, to disqualify any entrant (and all of their Entries) from this Sweepstakes or any other promotion conducted now or in the future by Sponsor or any of its affiliates if the entrant tampers with the entry process or if his or her fraud or misconduct affects the integrity of this Sweepstakes. Sponsor reserves the right to correct errors in promotional materials. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPHS SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF SPONSOR’S OR PROMOTION PARTIES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

10. RELEASE OF LIABILITY

All entrants, as a condition of participation, agree to release Sponsor, Promotion Parties, Instagram, Inc., Twitter, Inc., and each of their respective parents, affiliates, officers, directors, employees, agents, licensors and assigns from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property, including bodily injury and death, which may be sustained in connection with submitting an Entry or otherwise participating in any aspect of the Sweepstakes, the receipt, ownership or use or misuse of any prize awarded, or while preparing for, participating in, and/or traveling to and from any prize-related activity or any typographical or other error in the printing of these Official Rules or the offering or announcement of any prize. Winners shall bear all risk of loss or damage to their prize after it has been delivered. Prizes are awarded “as is” with no warranty or guarantee, either expressed or implied by Sponsor, except manufacturer’s standard written warranty included in the prize. Except where prohibited by law, winners grant to Sponsor the right to print, publish, broadcast their name, voice, statement, picture or other likeness, and the Entry (which may be altered, changed, modified, edited, used alone or with other works, as solely determined by Sponsor) at any time or times, for advertising, trade, publicity and promotional purposes, as may be determined by Sponsor or Promotion Parties, in any media now known or hereafter discovered, worldwide, including the Internet without review, notification or approval, and additional compensation or consideration, unless prohibited by law.

Sponsor’s use of your personal information is subject to the privacy policy located at contact.pepsico.com/mtndew/privacy-policy. Any communication between entrant and Sponsor, its agencies or Administrator regarding this Sweepstakes (e.g. DM’s, phone calls, text messages, chats, emails, etc.) may be recorded for quality assurance and training purposes. Winners’ names may be included in a publicly available winners’ list.

11. WINNERS’ LIST

For the names of the winners, send a self-addressed, stamped envelope by July 21, 2023 to: Mtn Dew Purple Thunder Sweepstakes at Circle K Winners’ List, PO Box 130, c/o GSE, Dept. 23-8114-04, Glencoe, MN 55336-0130.\

12. SPONSOR

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram or Twitter. Any questions, comments or complaints regarding this Sweepstakes shall be directed to the Sponsor and not to Instagram or Twitter.