25 Days of Smiles Official Rules
December 1, 2011 | Promotions
25 DAYS OF SMILES MAKING YOUR HOLIDAY BRIGHTER CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
1. Contest Period: The 25 Days of Smiles Making Your Holiday Brighter Contest (“Contest”) shall commence at 12:00:00 am CDT on December 1, 2011 and shall end at 11:59:59 pm CDT on December 25, 2011 (“Contest Period”). The clock located on the computer system used by Sponsor to manage the Contest shall govern with respect to the commencement and end times for the Contest Period, as well as the time and date of the receipt of each Contest entry. In The sponsor of the Contest is Hy-Vee, Inc., 5820 Westown Parkway, West Des Moines, IA 50266 (“Hy-Vee” or “Sponsor”). In the event of a conflict between any registration material and these rules, these rules shall control. By participating, entrants, on behalf of himself or herself and his or her heirs, assignees, executors and administrators, agree to these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Contest.
2. How to Enter: New Facebook fans of Sponsor may enter the Contest by visiting Sponsor’s Facebook page at http://www.facebook.com/hy-vee and clicking the “like” button. Current Facebook fans of Sponsor may visit Sponsor’s Facebook page at http://www.facebook.com/hy-vee and enter the Contest by clicking on the “25 Days of Smiles Making Your Holiday Brighter Contest” tab. Entrants must fill out the supplied registration form completely by providing (a) full name, (b) address of residence, (c) date of birth, (d) email address, and (e) telephone number. All other attempts at entry are void. Entries are limited to one (1) Contest entry per person, per day. The computer on which each entrant enters the Contest must have the acceptance of cookies enabled, or any successor technology. Entrants must have a valid email address at the time of entry. By entering the Contest, entrants consent to the use of the entrant’s name, photograph, likeness, biography, voice and/or video for advertising and promotional purposes, including, but not limited to, online and on-air announcements, weekly circular ads, signage, posters, television, magazine articles, websites, social media sites (including, but not limited to Facebook and Twitter), and any other publication(s) at Sponsor’s sole discretion, worldwide and without limitation, and without additional compensation or consideration, except where prohibited by law.
3. Prizes: One (1) $100.00 Hy-Vee gift card (approximate retail value: $100.00 each) shall be given away each day during the Contest Period.
4. Winner Selection: The winner(s) will be selected via random.org on or before (a) December 30, 2011 for each daily prize from all eligible entries received during each calendar day period during the Contest Period. Notwithstanding the foregoing, the winner of any daily drawing during the Contest Period shall not be eligible to win a subsequent daily drawing during the same Contest Period. Random.org’s selection shall be final and binding. The potential prize winner for the prize given away for each daily drawing will be notified by email within seven (7) days of the applicable drawing date and will be required to sign and return an Affidavit of Eligibility and Release of Liability/Publicity (where permitted) within seven (7) days thereafter. Noncompliance within specified time period for return of Affidavit and Release, an inability of Sponsor to reach a potential prize winner by telephone, or a return of any prize or prize notification as undeliverable may result in forfeiture of prize. All income taxes on prizes are winners’ responsibility.
5. Odds of Winning: The odds of winning depend on the total number of eligible entries received.
6. Prize Restrictions: No cash redemptions. No transfer of prize permitted. No substitutions, except Hy-Vee may substitute a prize of equal or greater value at its sole discretion. All costs not specifically stated herein as being awarded are the responsibility of the winner. Winner must take delivery of prize within ten (10) days of notification that he/she has been selected. WINNERS AGREE TO ACCEPT ALL ASPECTS OF THE PRIZE "AS IS," AND SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALL TAXES, FEES, COSTS, AND EXPENSES OF WHATEVER NATURE, INCLUDING WITHOUT LIMITATION SALES TAXES, PERMITS, AND INSURANCE SHALL BE THE SOLE RESPONSIBILITY OF THE WINNERS, AS WILL ALL CURRENT AND FUTURE TAXES, COSTS, FEES, INSURANCE, AND EXPENSES RELATING TO ANY ASPECT OF THE PRIZES HEREUNDER. Other restrictions may apply.
7. Eligibility: Open only to legal residents of Iowa, Illinois, Kansas, Minnesota, Missouri, Nebraska, South Dakota and Wisconsin who are 18 years of age or older at the time of entry. Not open to employees of Hy-Vee or any of their respective affiliates or immediate family members (i.e., spouse, children, siblings, parents, and individuals residing in the same household). Void where prohibited by law.
8. Data Collection: Hy-Vee will be collecting personal data about participants when they enter the Giveaway. Personal data includes: name, address, date of birth, e-mail address, telephone numbers, and any other information included in the entry materials. Please review Hy-Vee’s privacy policy at: http://www.hy-vee.com/company/policy/privacy.aspx. By participating in the Contest, entrants hereby agree to all personal information uses and disclaimers as explained in the above noted privacy policy.
9. Limitation of Liability: Hy-Vee and the judging organization are not responsible for printing or typographical errors in any Contest-related materials. Hy-Vee assumes no responsibility for any technical problems in conjunction with transmission or receipt of entry including faulty electronic data transmission, traffic congestion on the Internet or on the website, hardware or software, equipment failure or malfunction, or other on-line communications problems, stolen, late, lost, garbled, delayed, misdirected, damaged, incomplete, postage due, illegible, incorrect, inaccurate transcription or loss of any information whatsoever, including without limitation human error. Use of the Website is at user’s own risk. Hy-Vee is not responsible for any damage or losses of any kind that may be sustained to user's or any other person's computer resulting from participation in the Contest, use of the Website or the download of any information from the Website. Hy-Vee reserves the right to cancel, suspend or modify the Giveaway if fraud or technical failures compromise the integrity of the Giveaway as determined by Hy-Vee at its sole discretion. In the event Giveaway is cancelled, the prize will be awarded in a random drawing from eligible, non-suspect entries received as of the time of cancellation. By participating in this Giveaway and accepting a prize, winner agrees that Hy-Vee, its subsidiaries, affiliates, agents, media partners and promotion agencies shall not be liable for any loss, damages, rights, claims, and actions of any kind in connection with the Giveaway or resulting from the winner’s Giveaway participation, acceptance, possession, use, or misuse, of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, privacy or defamation. Hy-Vee reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process. Should multiple users of the same e-mail account enter the Giveaway and a dispute thereafter arises regarding the identity of the entrant, the authorized subscriber of said e-mail account at the time of entry will be considered the entrant. “Authorized account subscriber” is defined as the primary person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.
10. Arbitration/Choice of Law: Entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Giveaway, or any prize awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Giveaway but in no event attorney’s fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant, and Hy-Vee in connection with the Giveaway shall be governed by the laws of the State of Iowa, without regard to conflicts of law principles or rules, and all proceedings shall take place in Des Moines, Iowa.
11. Winners List, Official Rules: For the names of winners or for a copy of these official rules, send a self-addressed, stamped envelope to: Hy-Vee, Inc., Attn: __________ Gift Card Giveaway, 5820 Westown Parkway, West Des Moines, IA 50266. Requests must be received by the January 15, 2012.
© 2011 Hy-Vee, Inc.