Bake A Smile Official Rules
December 5, 2012 | Promotions
HY-VEE “BAKE A SMILE” CUPCAKE AND CAKE DECORATING CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
To enter this contest, click here.
1. CONTEST: The Hy-Vee “Bake a Smile” Cupcake and Cake Decorating Contest ("Contest") is composed of two components. The entry portion of the Contest begins at 8:00:00 a.m. CST on December 5, 2012, and ends at 7:59:59 a.m. CST on December 16, 2012 (the “Entry Period”). The voting portion of the Contest begins at 12:00:00 p.m. CST on December 16, 2012 and ends 5:00:00 p.m. CST on December 28, 2012 (the “Voting Period”). The Entry Period and the Voting Period will collectively be referred to herein as the "Contest Period." 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 the entry instructions and these Contest rules, these Contest rules shall control. 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 Entry Period, the Voting Period and the Contest Period, as well as the time and date of the receipt of each Contest entry.
2. ELIGIBILITY: Contest open to legal residents of Iowa, Illinois, Minnesota, South Dakota, Nebraska, Kansas, Missouri, and Wisconsin, who are at least 18 years of age or older at time of entry (19 in Nebraska). Any individuals (including but not limited to employees, consultants, independent contractors and interns) who have, within the past six months, held employment with or performed services for: Hy-Vee, Inc., 5820 Westown Parkway, West Des Moines, IA 50266 ("Sponsor"), or any other organizations affiliated with the sponsorship, fulfillment, administration, prize support and fulfillment, advertisement, or promotion of the Contest, and/or their respective parent, subsidiary, affiliate, and successor companies (collectively, "Contest Entities"), and immediate family members or members of the same households (parents, stepparents, legal guardians, children, stepchildren, siblings, stepsiblings, or spouses (whether related or not) of such persons) at any time during this Contest are ineligible.
3. HOW TO ENTER: During the Entry Period, to submit a valid entry, entrants must complete each of the following steps, in the order described herein: (a) create an original, homemade, cupcake or cake decorated with a unique, creative design, (b) submit an original, homemade photo of the entrant’s decorated cupcake or cake (“Submission”), (c) visit the entry page at www.hy-vee.com (the “Website”) and fully complete the online registration form including, but not limited to, the entrant’s full name, physical address, email address, telephone number, and date of birth, then upload the Submission. Completed entries submitted during each calendar day shall be reviewed by Sponsor for lewd or objectionable content, in Sponsor’s sole judgment, by 9:00 CST on the immediately following business day. Those entries containing lewd or objectionable content shall be deemed void. Those entries not containing lewd or objectionable content shall be deemed valid Contest entries, and shall be promptly displayed on the Website for review if during the Entry Period, or review and voting during the Voting period. There is no limit on the number of different, unique Submissions that may be submitted by an entrant; provided, however, only one (1) entry per unique Submission shall be eligible to be accepted as a valid entry during the Entry Period. All entries must be submitted during the Entry Period to be considered a valid entry. All subsequent and/or duplicate entries of the same unique Submission shall be void. By entering into the Contest, entrants consent to the use of their Contest entry Submission, the entrant’s name, photograph or video, likeness, biography, voice, and/or video for advertising and promotional purposes, including online and on-air announcements, worldwide and without limitation and without additional compensation, except where prohibited by law. Further, by entering into the Contest, entrant acknowledges and agrees that entrant is the owner of the cupcake or cake photo that is the subject of the Submission and that by entering the Contest, entrant binds himself or herself, as well as entrant’s spouse, children parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, to the terms and conditions contained herein.
4. WINNER SELECTION/NOTIFICATION: During the Voting Period, the general public shall be invited to vote on his or her favorite Contest entries on the Website. During the Voting Period, to submit a valid vote, voters must visit the Website and register a Contest vote by accurately completing the CAPTCHA entry and selecting the desired entry. Only one (1) vote per person, per day shall be accepted as a valid vote during the Contest Period. Automated methods of voting shall not be permitted. Sponsor reserves the right to remove or invalidate votes that it believes are ineligible, in Sponsor’s sole discretion. The Contest entry that has generated the most votes as of the expiration of the Contest Period shall be the potential First Prize winner. The Contest entry that has generated the second most votes as of the expiration of the Contest Period shall be the potential Second Prize winner. The Contest entry that has generated the third most votes shall be the potential Third Prize winner. The Contest entry that has generated the fourth most votes shall be the potential Fourth Prize winner. The Contest entry that has generated the fifth most votes shall be the potential Fifth Prize winner. In the event two (2) or more Contest entries that have generated enough votes to be a potential First Prize, Second Prize, Third Prize winner, Fourth Prize winner or Fifth prize winner have generated the same number of votes, then as subsequent to the expiration of the Contest Period, Sponsor shall hold a random drawing from among those Contest entries with the same number of votes, and the selected Contest entry shall be deemed the winner of the prize for which it would have qualified had there not been a tie, and the entry that was not selected in the drawing shall be the potential winner of the prize corresponding with the next lower level prize, unless the prize for which the multiple entries tied for was the Fifth Prize, in which case the entry that was not selected shall not win a prize. Sponsor shall use its best efforts to contact the potential prize winners by phone and/or email immediately following the drawing. If Sponsor is unable to contact the potential winners within five (5) days, or should the potential winners fail to comply with these Official Rules or any of the following conditions, the potential winner will be declared ineligible and the entrant that submitted the entry that generated the next highest number of votes as of the expiration of the Contest Period shall be the alternate potential winner for that prize level. The potential winners must be able to sign and return an Affidavit of Eligibility and Release of Liability/Publicity (where permitted). The winners shall be announced the week of January 4, 2013. The odds of winning depend on the total number of valid Contest entries received, the date of submission of a valid Contest Entry and the number of valid votes cast by the general public.
5. PRIZES: One (1) First Prize winner shall win a Wilton School “Hands-On-Baking” three-day workshop in Chicago for the First Prize winner and a guest and (1) $500.00 American Express gift card to help with travel expenses (approximate retail value (“ARV”) = $1,700.00). One (1) Second Prize winner, one (1) Third Prize winner, one (1) Fourth Prize winner and one (1) Fifth Prize winner shall each win one Wilton Decorator Preferred Cary-all Tote with a 25 pc decorating set, 9” angled spatula, buttercream icing mix and a Desert Decorator Plus (ARV = $87.00).
A photo of any one or more Winners and/or the decorated cupcake or cake that is the subject of their entry, and/or the Submission entry may appear in Hy-Vee’s advertising (all media) and Special Interest Publications. 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. All U.S. federal, state, and local taxes, and all other expenses not specifically mentioned herein, are the sole responsibility of Winner. Winner will be issued a 1099 form for the actual ARV of the prizes at the time of fulfillment. No cash redemption of a prize is permitted. No transfer of a prize is permitted. No substitutions, except Sponsor may substitute a prize of equal or greater value at its sole discretion. Other restrictions may apply.
6. DATA COLLECTION: Sponsor will be collecting personal data about participants when they enter the Contest. Personal data includes: name, address, date of birth, e-mail address and telephone number. Please review Sponsor’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.
7. GENERAL CONDITIONS: By entering, entrants warrant and represent that they agree to be bound by these Official Rules (including all eligibility requirements) and the decisions of the Sponsor and any appointed agents, which shall be final and binding in all respects. By entering, winners, on behalf of himself or herself and his or her heirs, assignees, executors and administrators, agree to release, discharge, and hold harmless any and all claims against the Sponsor and all Contest Entities, from and against any and all liability for any injury, including but not limited to personal injury, bodily injury (including without limitation wrongful death or disability), property damage, or loss or damage of any other kind arising in whole or in part, directly or indirectly, from delivery, non-delivery, acceptance, possession, use of a prize, or from participation in this Contest, or any Contest-related activity, whether or not such injury, loss or damage arises in whole or in part from the negligence of the Sponsor or Contest Entities their affiliates, officers, directors, shareholders, employees, agents, and agents of and any and all Internet servers and access providers, and agree that none of the Contest Entities shall be responsible for printing or typographical errors in any Contest related materials or for stolen, late, lost, garbled, delayed, misdirected, damaged, incomplete, postage due, or illegible entries, or incorrect, inaccurate transcription or loss of entry information for any reason whatsoever, including without limitation, human error. If, in the exclusive judgment of the Sponsor, this promotion becomes compromised in any way, Sponsor reserves the right to withdraw the Contest offer and select a Winner from all eligible entries received prior to the act that compromised the Contest. Any attempt to deliberately damage or subvert the Contest or its operation is unlawful and subject to legal action by the Sponsor or its agents. Sponsor reserves the right to verify eligibility qualifications of Winner(s), and to disqualify any individual or internet protocol (“IP”) address if Sponsor believes such person or IP address has tampered with the entry or voting process, or has acted in violation of these Official Rules. Should the Contest be terminated prior to the last day of the Contest Period, notice will be posted at the Store and www.hy-vee.com. Any attempt by an entrant or any other individual to deliberately damage or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Hy-Vee® is a registered trademark owned by Hy-Vee, Inc.
8. ARBITRATION/CHOICE OF LAW: Entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest, 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 Contest 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 Contest Entity Parties in connection with the Contest 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.
9. PRIZE WINNER AND OFFICIAL RULES: A copy of these Official Rules and the Contest results may be obtained by sending a self-addressed, postage prepaid written request to Hy-Vee, Inc., Attn: Bake a Smile Contest, 5820 Westown Parkway, West Des Moines, IA 50266. Written requests must be received by January 15, 2013.