Official Rules

Pepsi Race Day Payday ™ Game

2009 OFFICIAL GAME RULES

1.         NO PURCHASE, CONTRIBUTION OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN:  The Pepsi Race Day Payday ™ Game , an on-line racing game for the thirty-six (36) races of the official 2009 stock car racing season("Game") begins with the commencement of the registration period at 12:00:01 AM Eastern Time on Thursday, February 12th, 2009 and continues through thirty-six (36) rounds of racing set out in the schedule below ("Round[s]"), until the end of the viewing period of posted Winners on the Standings Page at 11:59:59 PM Eastern Time on December 15th, 2009 ("Promotion Period"). THIS GAME IS DEVISED AS A NON-GAMBLING PROMOTION, and is intended solely for entertainment purposes. From all eligible entries received, Winners will be determined based on their skill and knowledge of racing and drivers and their ability to use that knowledge to select winning drivers during the 2009 racing season. Participation in the Game is described, regulated and clarified by and wholly subject to the provisions of the rules set out herein ("Official Rules").

            2.         ELIGIBILITY:  Individuals legally residing, for purposes of all applicable state and federal tax laws, in one of the fifty (50) United States or the District of Columbia (excluding Guam, Puerto Rico, and all other U.S. and foreign territories and possessions) ("Eligibility Area"), who are 18  years of age or older at the time of registration under paragraph 3 below, and have the ability to enter into valid contracts in their personal jurisdiction of residence are eligible to register for and become a participant in the Game ("Player[s]").  The Game is VOID outside of the Eligibility Area and where otherwise taxed, prohibited or restricted.  Employees, owners and directors of the race tracks, race teams, racing's governing body, PepsiCo, Inc,, Pepsi-Cola Company ("Pepsi" or "Prize Provider"), its bottlers, Athlon Sports Communications, Inc. ("Athlon Sports") and each of their respective affiliates, subsidiaries, divisions, distributors, suppliers, franchisees, advertising and promotional agencies, judging agencies and each of their respective officers, directors, employees, and agents, their immediate families (defined as spouse, child, sibling, parent or grandparent), and those living in their same households (whether or not family members) are ineligible to win or collect prizes in the Game.  Each Player is required to indicate his/her acceptance to the Official Rules where indicated; provided, however, that any Player's participation in the Game constitutes and is deemed Player's agreement to the Official Rules and any and all decisions of Athlon Sports and any third-party judges, which are final and binding in all respects. Players agree to waive any right to claim ambiguity in the Game and/or these Official Rules.

            3.         HOW TO REGISTER:  Beginning 12:00:01 AM Eastern Time on February 12th, 2009 and through 11:59:59 PM Eastern Time on November 22nd, 2009 ("Game Period"), Players will log on to www.pepsiracing.com ("Site") and follow the instructions to register for the Site, identify a user name and password for subsequent visits to the Site, indicate his/her acceptance of the Official Rules, provide the information requested in the Official Entry Form (including Player's name, e-mail address, physical address, telephone number, and additional questions specific to Pepsi in accordance with Pepsi's  privacy policy (available for review  through a link on the Site) and (a) select from an available pool of competing Round 1 drivers, the name of each of the twelve (12) drivers that he/she believes will finish in the Top 12 positions of the race ("Top 12 Drivers")  in  Round 1 and (b) assign a finishing  position, in order of 1 through 12, for each of Player's Top 12 Drivers ("Finish Position") in the race in Round 1 ("entry" or "entries"). Entries for subsequent Rounds will follow the Top 12 Driver and Finish Position selection process set out above and will be submitted based on the Race Schedule listed below. Players may also be asked to consent to receive promotional e-mails.  Consenting to receive promotional e-mails is optional and refusal to consent will not render any Player ineligible to play the Game or win prizes or affect or reduce any Player's chances of winning.  Eligible entries for each Round must be submit ted  electronically in the entry period commencing (a) at 12:00:01 AM Eastern Time on February 12th, 2009  for Round 1; and, (b) at 12:00:01 AM Eastern Time  on the day immediately  following the preceding Round  for Rounds 2 through 36 and  ending no later than sixty (60) minutes prior to the official start time, Eastern Standard Time, of the scheduled race for each Round , as set out below ("Round Entry Deadline").  The time and date of each Player's entry for each Round will be utilized for purposes of the #(2) Tie-breaking Procedure as set out in paragraph 4 below and may increase Player's chances of winning Round and Season Prizes. Each Player must be an individual person, may register only once per Game and may submit only  one (1) entry for each Round. Additional entries from any individual using different e-mail addresses will be disqualified.

         4.       HOW TO PLAY/ACCRUE POINTS & PRIZES:  The Game is made up of thirty-six (36) total Rounds of racing corresponding to the 36 races of the official stock car racing  season.  There will be a Round Prize awarded in every Round, a Season Prize awarded at the end of the Season and a Grand Prize available to be won in each Round,

Method of Play:

A pool of approximately 45 drivers, representing all drivers racing in each race ("Competing Drivers Pool"), will be available for Player selection in each Round.  In each Round,  Player will (a) select  his/her Top 12 Drivers from the Competing Drivers Pool;  and, (b)  predict  the Finish Position of each of Player's Top12 Drivers.  All entries must contain both a selection of Top12 Drivers and a Finish Position selection for each of Player's Top 12 Drivers.  If a Player does not submit an entry for any given Round by the Round Entry Deadline,  the Player will not earn points for that Round.

DETERMINING "WINNERS":

Each Player will earn that number of points equal to the number of official points earned, in accordance with the official final race standings, by each of his/her Top 12 Drivers that raced in such Round. For each of Player's correctly predicted driver Finish Positions  for that Round, Player will earn DOUBLE the amount of official points earned, in accordance with the official final race standings, by each such driver in that Round. The Player with the highest number of points in each Round will be the "Round Prize Winner," winning the Round Prize for that Round  in accordance with the Prize Schedule set out below.  The Player with the highest number of cumulative points at the conclusion  of the Game Period  will be the "Season Prize Winner," winning the Season Prize in accordance with the Prize Schedule set out below.   In addition, the Player that submits an entry  that, in accordance with the official final race standings,  both accurately predict s the  (a) actual top 12 finishing drivers in a given Round;  and,  (b) the actual correct Finish Position, in accordance with the official final race standings, for each and every of the actual top 12 finishing drivers in that Round ("Grand Prize Winner"), will be awarded the cash equivalent of the actual first place driver's official cash winnings as posted in the official race results,  plus other contingent prize monies as determined by racing governing body ("Grand Prize "), subject  to validation by Pepsi..  There is only one (1) Grand Prize per Round. In the case of multiple Grand Prize Winners, the Grand Prize will be divided and distributed equally among all Players eligible to win.

Tie-Breaking Procedure: With respect to Round and Season prizes, (1) In the event of a tie between Players at the end of any Round, the Winner will be that Player whose Average Speed Prediction is closest to the actual average speed of the race within the applicable Round. (2) If Players remain tied after the Average Speed Prediction tie-breaker (as would be the case with identical entries), the Winner will be that Player whose Round (as applicable) entry reflects the earliest time and date of e-mail submission as reflected by the Game database.  To cancel any Player's participation in the game, the Player must send an email to fantasyracing@athlonsports.com requesting that his/her registration be terminated ("Notice of Termination"). The Player's registration will be deemed terminated as of the date and time of Athlon Sport's receipt of the Notice of Termination as reflected by Athlon Sport's e-mail server ("Termination"). Upon Termination, Player may no longer  participate in the Game and any points accrued by Player will be forfeited.

PRIZE SCHEDULE:

SEASON PRIZE                             PRIZE DESCRIPTION             ARV

ROUND PRIZES                                    PRIZE DESCRIPTION                                                   ARV

         5.       ABILITY TO WIN:  The Game is solely a game of skill. Each Player's ability to win depends solely on (1) his/her knowledge of the sport of racing; (2) his/her knowledge of the strengths and weaknesses, career histories, recent and overall season performance of cars and drivers; (3) his/her skill and ability to apply his/her knowledge of the above in accurately identifying  which cars and drivers will win when placed in direct competition with other cars and drivers, specifically for use in assembling "fantasy racing teams"; (4) his/her skill in assessing an individual car's and driver's effectiveness in a specific race and at a specific racetrack and statistically analyze and predict with accuracy the winning and placing drivers and cars in a given race; (5) his/her skill in assessing an individual car's and driver's average speed in a specific race and at a given racetrack; and, (6) the number of eligible Players competing in the Game.

          6.                 PRIZE AWARDING:  Upon confirmation of eligibility and execution of requested eligibility and release documents, Winners will be awarded the prizes described in paragraph 4 above. All Round and Season Prizes will be awarded. Winners will be responsible for any and all federal, state, and local taxes incurred in winning and accepting any prizes and all other expenses incurred in winning and accepting the prizes.  Dollar amounts are expressed in U.S. currency. Winners may receive an IRS 1099 form reporting the value of their prize. By accepting a prize, Winners waive the right to assert as a cost of winning their prize, any and all costs of redemption or travel to redeem the prize. Any stated ARVs of prizes represent Pepsi's and/or Athlon Sports' good-faith determination of the retail value of the prize.  Round Prize Winners will be initially identified, subject to eligibility, on or about seven (7) business days following the date of the last Round of the race season ("Effective Date"), by Pepsi, Athlon or its agent, the judge of the Game, whose decisions are final and binding. Round and Season Prize Winners will be notified by overnight mail and/or email, at Athlon's Sports' discretion, on or about fourteen (14) business days following the Effective Date ("Notification"). Grand Prize Winners will be initially identified, subject to eligibility, on or about seven (7) business days following the date of the Round for which the Grand Prize Winner won.  The nitial identification of all Winners, subject to confirmation,  will be posted on the "STANDINGS" page of the Site and will be available for viewing no later than the Effective Date or by either emailing fantasyracing@athlonsports.com or by sending a written request in a stamped, self-addressed envelope for receipt no later than fourteen (14) business days following the Effective Date to:  Athlon Sports Communications, Inc., 220 25^th Avenue North, Nashville, Tennessee 37203. Winners must be able to provide positive identification in such form as is specified by Pepsi or Athlon Sports to claim a prize. Return of Notification as undeliverable will result in disqualification and selection of an alternate Winner. Prizes will be awarded only upon Winner validation and verification by Pepsi and/or Athlon Sports.  All prizes must be redeemed by each Winner no later than thirty (30) days following Athlon Sport's confirmation of Notification. In the event of a dispute as to the identity of a Winner, the Winner will be the individual who was, at the time of entry, at Athlon Sports' sole discretion, the documented registered holder of the email account used to enter the Game. It is the sole responsibility of the Player to notify Athlon Sports during the Promotion Period if his/her email address changes.  No transfer or assignment of any prize is permitted.  In no event will more prizes be awarded than those listed above in paragraph 4. In the event that any prize is unavailable at the time it is scheduled to be awarded, Athlon Sports reserves the right, in its sole discretion, to substitute that prize with either the cash value of the ARV of the applicable prize or a prize or prizes of equal or greater value.  If the initially selected Winner cannot be contacted, is ineligible, fails to claim a prize, or if the prize is returned as undeliverable, the prize will be forfeited and an alternate Winner will be selected.  Acceptance of a prize constitutes permission for Athlon, Pepsi, and their respective designees to use of Winner's name, likeness, statements, voice, opinions, biographical information and state of residence for promotional purposes in any media without notice, further payment, consideration, credit, or right of approval or review (except where prohibited by law).  Winners of prizes will be required to sign a confirmation of eligibility and liability release (except where prohibited by law) within five (5) days of Athlon Sports' request; provided, however, that  Winners of a 2008 Jeff Gordon Autographed Firesuit or the Grand Prize will have ten (10) days from Pepsi's request to return any confirmations or other documents requested by Pepsi.

            7.         TERMINATION OR DISQUALIFICATION:  To cancel any Player's participation in the Game, Player must send an email to fantasyracing@athlonsports.com requesting that his/her registration be terminated ("Notice of Termination"). Player's registration will be deemed terminated as of the date and time of Athlon Sport's receipt of the Notice of Termination as reflected by Athlon Sport's e-mail server ("Termination"). Upon Termination, Player may not participate in the Game and any points accrued by Player will be forfeited. The use of robotic, automatic, macro, programmed or like methods (including without limitation the use of any promotion/game subscription, notification, entry or like sites or service that offers Game entry services "on behalf of" Player) is strictly prohibited.  Neither Athlon Sports nor Pepsi is responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, other error of any kind whether human, mechanical or electronic problems or technical malfunction of any telephone network or lines, computer systems, servers, access providers, equipment, or software, failure of any e-mail or entry to be received for any reason, traffic congestion on the internet or at any website, or any other technical problems related to website entries or any combination of the foregoing, including any injury or damage to a Player's or any other person's computer. Persons found tampering with, hacking, illegally registering for or abusing any aspect of the Game, in Athlon Sports' and/or the Pepsi's sole discretion, will be immediately disqualified.  If disqualified for any of the above abuses, Athlon Sports will immediately terminate that Player's participation in the Game and future contests by Athlon Sports and Pepsi and Player will be ineligible to win or collect any prizes and must return any previously received prizes awarded in connection with the Game upon Athlon Sports' or Pepsi's request. Players further acknowledge that the forfeiture of prize(s) and/or return of any prize(s) shall in no way prevent Athlon Sports from pursuing any remedies legally available in connection with such conduct. Any violation set out in this paragraph or other attempt to damage any website of Athlon Sports and/or Pepsi, or tamper with or undermine the legitimate operation of the Game, is a violation of these Official Rules, as well as any and all applicable criminal and civil laws.  Athlon Sports reserves the right to seek remedies and damages from any Players or individuals acting in concert with any Player to the fullest extent permitted by law.  In the event any portion of this Game is compromised by any virus, bugs, non-authorized human intervention or other causes beyond the control of Athlon Sports which, in the sole opinion of Athlon Sports or the Pepsi, corrupts or impairs the administration, security, fairness or proper play of the Game, Athlon Sports and/or Pepsi reserves the right to modify, suspend or terminate the Game and shall thereafter have no responsibility to reinstate the Game or award any prizes. 

 8.        LIMITATION OF LIABILITY:  By registering for and participating in the Game, Players agree: (a) to comply with the Official Rules and the decisions of Athlon Sports, Pepsi and the judges, which shall be binding and final in all respects; (b) to comply with Athlon Sport's privacy policy and terms and conditions; (b) to release Pepsi, Jeff Gordon, Jeff Gordon  Inc. and Athlon Sports from all liability, loss or damage arising out of any participation in the Game or in connection with the awarding, receipt, possession, use and/or misuse of any prize; (c) to be contacted by Athlon Sports and/or Pepsi by mail, telephone and/or email; and (d) that he/she acknowledges that neither Athlon Sports nor Pepsi makes any warranty, representation, or guarantee, expressed or implied, in fact or in law, relative to any prize, and disclaim all liability for the provision, quality or nature of any third-party products or services provided to Winners. By registering for and participating in the Game, Players and/or Winners release Athlon Sports,  Jeff Gordon, Jeff Gordon Inc. and Pepsi, their respective officers, directors, employees, affiliates, subsidiaries, advertising, promotion, fulfillment, marketing agencies, public relation firms, consultants or contractors from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons (including death) and property that may be sustained in connection with participation in the Game and the receipt, ownership, possession, acceptance, enjoyment, use or misuse of a prize, or while preparing for, participating in, and/or traveling to any prize-related activity.  IN NO EVENT WILL Athlon Sports, PEPSI, Jeff Gordon or Jeff Gordon Inc. OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, subsidiaries, advertising, promotion, fulfillment, marketing agencies, public relation firms, consultants or contractors BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF ANY PARTICIPATION IN THE GAME OR ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THIS GAME, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS WELL AS ANY CLAIMS BASED ON PUBLICITY RIGHTS, VIOLATIONS OF PROTECTED SPEECH RIGHTS OR INVASION OF PRIVACY.

9.         PLAYER, GAME AND SITE INFORMATION AND CONTENT:  Any information provided to Athlon Sports and Pepsi by a Player, including Players' names, addresses, telephone numbers and e-mail addresses  will be used to administer the Game, communicate with Players in relation to this Game, for purposes of fulfilling any applicable prizes, providing necessary notice, or in connection with other appropriate purposes. Limited to the purposes outlined herein, Athlon Sports will collect, use, and protect personal data in accordance with its privacy policy available for review at www.athlonsports.com.   Any personal information provided by a Player for the benefit of other Players, including Player's names, addresses, telephone numbers and e-mail addresses will be disclosed at the Player's own risk and neither Athlon nor Pepsi shall have any liability in connection therewith. All data is proprietary to Pepsi and/or Athlon Sports and will not be provided to unrelated third parties or returned to Player. Players are strongly cautioned to exercise judgment and safety in the disclosure of personal information, understanding that no on-line site or activity is impervious to outside intervention or activity regardless of the level of care employed by Athlon or Pepsi and that such information may be accessible to third parties. No Player will engage in the posting or blogging of false, harmful, offensive, violent, obscene, hurtful or potentially damaging language of any kind and at any time, understanding that such language may violate the public, private, federal, state or local rights or laws governing speech, activity disguised as speech and/or any related public or personal interest, including each Player's right to play the Game without harrassment or disregard for the rights and values embodied in the Communications Decency Act and both common law and federally and state-enacted legislation against violations of the Lanham Act, slander, libel, defamation, hate speech, and gross and intentional disregard for the feelings of others or oneself ("Protected Speech Rights"). No Player may attempt to attach any link, ancillary portal or sub-site or upload or otherwise display any content on the Site or within the Game without the express written permission of Athlon Sports and Pepsi, which may be withheld for any reason. Neither Athlon Sports nor Pepsi is affiliated with, endorsed by, or licensed by, any of the drivers, cars, leagues, tracks or their sponsors identified in connection with the Game, and none are a sponsor of or associated with the Game in any way; provided, however, that Pepsi currently has agreements with Jeff Gordon and Dale Earnhardt, Jr. and is entirely responsible for any materials in connection therewith. Driver, car, league, track and other associated names and/or designations, including any embedded or associated trademarks, logos and images ("Third Party Materials") found on the Site are the trademarks, brands or other protected content of their respective owners and are used for acceptable, valid, and appropriate factual, descriptive, identification and non-trademark purposes only and Athlon and Pepsi are not owners of nor have any interest in the Third Party Materials, including as a licensee. The Site is intended for informational and entertainment use only. Any and all software, platforms, page or menu organization, components, content, play mechanisms, proprietary functionality, graphic or text materials, trademarks, service marks, brands, logos, slogans, names, music, photos, videos, sounds or any other materials in or on the Game or the Site that are not Third Party Materials or owned by Pepsi ("Protected Materials"), including all acquired goodwill and market recognition associated with the Protected Materials are the exclusive, valuable intellectual property of Athlon Sports, subject to copyright, trademark or other statutory protection, and may not be copied, used, distributed, adopted, merged, or appropriated for any purpose without the prior express written permission of Athlon Sports.

            10.        GENERAL INFORMATION: Athlon Sports reserves the right to modify the Official Rules at any time for the purposes of clarifying and effectuating how the Game should be played, how the Game will be scored, how Winners are determined, how tie-breaking procedures are applied, how unanticipated ties are resolved, and what prizes will be awarded.  Any changes to the Official Rules will be reasonably made with the intention of not materially affecting the terms and conditions of the Game. In the event of inadvertent computer or operator error, the illegal or inappropriate activity of any Player, the unanticipated application, failure or effect of Game mechanisms of play or individual components, software or hardware, or force majeure events affecting the schedule(s) of registration, Player entry, Rounds or entry deadlines, the determination or notification of Winners, the application of tie-breaking procedures, or the awarding of prizes, Athlon Sports reserves the right to modify, revise, add-to, nullify or utilize only in part the stated timing, commencement or termination of any Game Round, Period, Series, Field, entry or promotion period or schedule and/or, in its sole discretion, to implement substitute Game Rounds, Periods, Series, Fields, entry or promotion periods or schedules, or portions thereof, solely for purposes of conducting the Game in a fair and reasonable manner and determining Winners on an equal basis and without unfairly disqualifying otherwise eligible Players from winning prizes. All applicable federal, state and local laws and regulations apply. Any and all disputes in connection with the Game will be resolved exclusively in the appropriate courts in Nashville, Tennessee.  Should there be a conflict between the laws of the State of Tennessee and any other laws, the conflict will be resolved in favor of the laws of the State of Tennessee.  Each Player waives any and all objections to jurisdiction and venue and hereby submits to the jurisdiction of those courts. Any and all lawsuits or other disputes that arise relating to the Game must be filed within one (1) year of the last day of the Promotion Period. The failure of Pepsi or Athlon Sports to exercise or enforce any right or provision of the Official Rules shall not constitute a waiver of such right or provision.  If any part of the Official Rules is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of the Official Rules will remain fully in force.

11. FORM OF PAYMENT FOR GRAND PRIZE: The Grand Prize will be awarded in the form of an assignment of Sponsor and Prize Supplier's rights under a prize indemnity policy (the "Policy") issued to Prize Supplier by the insurance provider, Aon Risk Services (the "Insurer"). The Policy shall provide for payment of the Grand Prize, without interest, to the Grand Prize Winner, or his/her beneficiary, in equal installments over 40 years, the exact amount of the Grand Prize to be determined by Prize Supplier upon posting of the official results of the race for which the Grand Prize Winner selected the top 12 drivers in their correct order of finishing. Player on behalf of himself/herself, his/her heirs, executors and assigns, agrees that, in the event the Grand Prize is won, Sponsor and Prize Supplier's sole liability shall be to assign the Policy to the winner of such prize who shall look solely to Insurer for payment under the Policy, and the Tracks, Drivers and their respective teams, racing's governing body, Sponsor, Prize Supplier, its officers, directors, employees, affiliates, subsidiaries, advertising, promotion, fulfillment, marketing agencies, public relation firms, and consultants or contractors (other than Insurer) shall have no responsibility or liability arising out of Insurer's failure to perform its obligations under the Policy. Each Grand Prize Winner will be solely liable for any and all federal, state, local and other taxes associated with any prize(s) he/she wins, and Sponsor makes no representations regarding the tax liability associated with such prize(s). Insurer shall have the right to withhold any amounts required for the payment of applicable taxes.

Prize Provider:  Pepsi Advertisng & Marketing, Inc.

Produced, Sponsored and Administered By:  Athlon Sports Communications, Inc., 220 25^th Avenue North, Nashville, Tennessee 37203. © 2009 Athlon Sports Communications, Inc. All rights reserved.