MTN DEW™ / FRED’S “MTN DEW 250” SWEEPSTAKES NO PURCHASE NECESSARY. VOID WHERE PROHIBITED. SWEEPSTAKES: The Mtn Dew / Fred’s “Mtn Dew 250” Sweepstakes (the “Sweepstakes”) starts August 31, 2009 at 12:00:01 a.m. ET and ends October 11, 2009, at 11:59:00 p.m. ET (the "Sweepstakes Period"). ELIGIBILITY: To be eligible to enter, you must complete the online entry form located at www.talladegasuperspeedway.com (the "Web Site") and be a legal U.S. resident residing in the state of AL, AR, FL, GA, IL, KY, LA, MO, MS, NC, OK, SC, TN, or TX who is 19 years of age or older at the time of entry. Potential winners may be required to provide proof of legal U.S. residency if requested by the Pepsi-Cola Company (“Sponsor”) to determine eligibility and as a condition of prize award. Employees, agents, successors and assigns of Talladega Superspeedway, LLC, Pepsi-Cola Company and its bottlers, and each of their respective parent companies, subsidiaries, divisions, affiliates, limited liability companies, distributors, suppliers and advertising, promotional and judging agencies, shareholders, officers, directors, and members (collectively, “Sponsor and Promotion Parties”) and the immediate family members or persons living in the same household of each, are not eligible to participate or win. HOW TO ENTER: No purchase necessary, and no entry fee, payment or proof-of-purchase necessary to participate in the Sweepstakes. To enter the Sweepstakes, complete the online entry form located on the Web Site by supplying your name, date of birth, daytime and evening phone numbers, e-mail address and a complete postal mailing address (street/city/state/zip code) to enable us to contact you by mail in the event your entry is selected in the Sweepstakes; no P.O. boxes will be accepted. For purposes of these rules, a day is defined as 12:00:01 a.m. ET through 11:59:59 p.m. ET. The computer clock of the webmaster is the official timekeeping device of the Sweepstakes. The name of the person submitting the e-mail address upon Sweepstakes entry must be the name of the person who completed the online entry form including such e-mail address and the name of the authorized account holder of such e-mail address, otherwise, entry may be deemed void. In the event of dispute over the identity of a potential winner, online entries will be declared made by the authorized account holder of the e-mail address submitted 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 of such e-mail address. Proof of e-mailing does not constitute proof of delivery or entry. Every entry submission 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 sweepstakes service) will be disqualified and transmissions from these or related e-mail or IP addresses may be blocked. PRIZES: Two Hundred Fifty (250) Grand Prizes will be awarded, each consisting of two (2) tickets to the 2009 Mtn Dew 250 race scheduled to occur on October 31, 2009 at Talladega Superspeedway® in Talladega, AL (the “Race”) and two (2) pre-race pit passes valid on the day of the Race. Estimated retail value of each Grand Prize: $100. All other expenses not specifically mentioned herein, including transportation to and from Talladega Superspeedway®, are solely the responsibility of the winners and their guests. Selection of event seating assignment is at Sponsor’s sole discretion. Attendance must be on the date specified or the prize will be forfeited; no alternative dates are available. Sponsor assumes no responsibility for cancelled, delayed, suspended or rescheduled events (including the race) beyond its control. Winner’s guest must also be 19 years of age or older and will be required to sign and return a release of liability before prize will be awarded. In order to claim prize, additional releases and/or waivers of liability required by Talladega Superspeedway, LLC and/or any applicable sanctioning body may also be required as applicable. DRAWING: Potential winners will be selected in a random drawing from among all eligible entries received. Drawing will be conducted on or about October 13, 2009 by an independent judging agency whose decisions are final and binding. Odds of winning are solely dependent upon the total number of eligible entries received. All prizes will be awarded. GENERAL: This sweepstakes is subject to the laws of the United States. Prizes will be awarded only to addresses within the States of AL, AR, FL, GA, IL, KY, LA, MO, MS, NC, OK, SC, TN, or TX. Except as determined by Sponsor in its sole discretion, no substitution of prize is offered, no transfer of prize to a third party is permitted, and non-cash prizes may not be redeemed for cash value. Any difference between the stated approximate value of the prize and actual value of the prize will not be awarded. All federal, state and local laws and regulations apply. Prize winner will be solely responsible for all applicable federal, state and local taxes on prizes. Any portion of a prize not accepted by a winner will be forfeited. CONDUCT: By entering this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the Sponsor that shall be final and binding in all respects. The Official Rules will be posted on the Web Site throughout the Sweepstakes Period. 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 the Web Site; 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 DAMAGE ANY WEB SITE 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 FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. LIMITATIONS OF LIABILITY: 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) inaccessibility or unavailability of the Internet or the Web Site or any combination thereof; (e) any injury or damage to participants or to any other person's computer which may be related to or resulting from any attempt to participate in the Sweepstakes or download of any materials in the Sweepstakes. 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 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. WINNER NOTIFICATION: All potential winners will be notified by mail and/or phone at the address or phone numbers providedon their entry form. Any winner notification returned as undeliverable without a forwarding address will result in prize forfeiture and an alternate winner may be selected. Prize winners may be required to sign and return an Affidavit of Eligibility/ Liability Release with (where lawful) a publicity release within three (3) days of attempted winner notification as indicated by the date on the Affidavit. If (i) any required documents are not returned within the required number of days; (ii) the mail is returned as undeliverable without a forwarding address; (iii) a telephone notification is not confirmed to Sponsor within twenty-four (24) hours; or (iv) the prize winner is unable to attend on the date specified, then the prize may be forfeited and an alternate winner selected. Upon forfeiture for any reason, no compensation will be given. WINNER RELEASES: All entrants, as a condition of entry into the Sweepstakes, agree to release Sponsor and Promotion Parties and each of their respective shareholders, officers, directors, employees, agents and assigns 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 accessing the Web Site, 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. Except in TN and where prohibited by law, winners grant to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known (including without limitation use online at the Web Site) the winner’s name, address, voice, statement, picture or other likeness, without additional compensation, for public relations, advertising and promotional purposes as may be determined by Sponsor. WINNERS' LIST: For a list of the major prize winners, mail your request before October 31, 2009 to Mtn Dew / Fred’s “Mtn Dew 250” Sweepstakes Winners, PO Box 750562, El Paso, TX 88575-0562. SPONSOR: Pepsi-Cola Company, 700 Anderson Hill Road, Purchase, New York 10577. MTN DEW is a trademark of PepsiCo, Inc. Talladega Superspeedway® and its logo are registered trademarks and used with permission. Talladega Superspeedway, LLC is not a sponsor of this promotion.
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