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Hy-Vee Big Four Classic Halftime Challenge Rules


December 17, 2015 | Promotions


NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

1. CHALLENGE: The Hy-Vee Big Four Classic Halftime Challenge ("Challenge") will be held during halftime of the basketball game between the University of Iowa and Drake University and the basketball game between Iowa State University and the University of Northern Iowa on December 19, 2015. Registration for participation in the Challenge will be located at the two main entrances to the game venue. Registration will start at both entrances leading up to the game for the school the entrant registers as a fan of and will end approximately 5 to 10 minutes before halftime of that respective game (the “Challenge Period”). The sponsor of the Challenge 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 Challenge rules, these Challenge rules shall control. The clock located on the computer system used by Sponsor to manage the Challenge shall govern with respect to the commencement and end time for the Challenge, as well as the time and date of the receipt of each Challenge entry

2. ELIGIBILITY: The Challenge is 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. 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 Sponsor, or any other organizations affiliated with the sponsorship, fulfillment, administration, prize support and fulfillment, advertisement, or promotion of the Challenge, and/or their respective parent, subsidiary, affiliate, and successor companies (collectively, "Challenge 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 Challenge are ineligible.

3. HOW TO ENTER: During the Challenge Period, to submit a valid entry, entrants must visit the Hy-Vee registration table at the entrance to the game and fully complete the registration form including, but not limited to, the entrant’s full name, telephone number, and date of birth as well as confirming that entrant, along with entrant’s immediate family, are not employees of Hy-Vee. Each entrant will then place their entry form in the box of the Hy-Vee Big Four Classic school he or she is supporting (Iowa State University, University of Iowa, Drake University, or University of Northern Iowa). Entries are limited to one (1) entry. By submitting an entry form, the entrant is agreeing to further participate in the Halftime Challenge in order to be awarded a prize. All entries must be submitted during the Challenge Period to be considered a valid entry. By entering into the Challenge, entrants consent to the use of 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 Challenge, 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: One (1) winner supporting each school (4 total winners) will be selected by Sponsor via random drawing on December 19, 2015 from among all eligible entries received by Sponsor for that particular school during the Challenge Period. Sponsor shall use its best efforts to contact the potential prize winners by phone immediately following the drawing. The entrant must answer his or her phone and be present at the game in order to be eligible to participate and win. That winner will then report to the court to participate in the Challenge. If Sponsor is unable to contact any potential winner via the cell phone listed on his or her registration form, or should any potential winner fail to comply with these Official Rules or any of the following conditions, the potential winner will be declared ineligible and Sponsor shall select an alternate potential winner. The potential winner must be able to sign and return an Affidavit of Eligibility and Release of Liability/Publicity (where permitted).

5. ODDS OF WINNING. The odds of winning depend on the total number of valid Challenge entries received for each school.

6. PRIZES: Four Hy-Vee gift cards will be awarded - one to each of the four (4) entrants selected to participate in the Challenge as follows (approximate retail value of all four gift cards is $2,000). During halftime of one of the games at the Big Four Classic, each winner will be paired up with the mascot from that winner’s selected school and the winner and mascot will participate in the Challenge. The Challenge will require the entrant to run to mid-court and dress up in a Hy-Vee apparel and grab a miniature cart to move 85 Hy-Vee items to the other side of the court. Those items will then be bagged by their selected school’s mascot. The first team to move and bag all 85 items from one end to the other will be the winning fan. Each winning fan will win one (1) $850 Hy-Vee gift card (approximate retail value $850 for each winner). Each losing fan win one (1) $150 Hy-Vee gift card (approximate retail value $150 for each winner). This Challenge will be held during the game between the University of Iowa and Drake consisting of a fan who registered supporting the University of Iowa and a fan who registered supporting Drake. The Challenge will be held again during the game between Iowa State University and the University of Northern Iowa consisting of a fan who registered supporting Iowa State University and a fan who registered supporting the University of Northern Iowa. In order to win the Hy-Vee gift card, the fan must participate in the Challenge.

7. PRIZE RESTRICTIONS: No cash redemptions. No transfer of prize permitted. No substitutions, except Sponsor 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. 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.

8. DATA COLLECTION: Sponsor will be collecting personal data about participants when they enter the Challenge. 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 Challenge, entrants hereby agree to all personal information uses and disclaimers as explained in the above noted privacy policy.

9. 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 Challenge 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 Challenge, or any Challenge-related activity, whether or not such injury, loss or damage arises in whole or in part from the negligence of the Sponsor or Challenge 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 Challenge Entities shall be responsible for printing or typographical errors in any Challenge 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 Challenge offer and select a Winner from all eligible entries received prior to the act that compromised the Challenge. Any attempt to deliberately damage or subvert the Challenge 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 (as applicable), or has acted in violation of these Official Rules. Should the Challenge be terminated prior to the last day of the Challenge 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 Challenge 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.

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 Challenge, 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 Challenge 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 Challenge Entity Parties in connection with the Challenge 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. PRIZE WINNER AND OFFICIAL RULES: A copy of these Official Rules and the Challenge results may be obtained by sending a self-addressed, postage prepaid written request to Hy-Vee, Inc., Attn: Big Four Classic Halftime Challenge, 5820 Westown Parkway, West Des Moines, IA 50266. Written requests must be received by December 26, 2015.