Holiday Entertaining Sweepstakes Official Rules
November 15, 2013 | Promotions
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
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1. SWEEPSTAKES: The Hy-Vee Holiday Entertaining Sweepstakes Presented by Lindsay Sweepstakes ("Sweepstakes") shall commence at 8:00:00 am CST on November 15, 2013 and shall end at 4:59:59 pm CST on December 15, 2013 (the “Sweepstakes Period”). The sponsor of the Sweepstakes is Bell-Carter Foods Inc., 3742 Mt. Diablo Blvd., Lafayette, CA 94549 (“Sponsor”). In the event of a conflict between the entry instructions and these Sweepstakes rules, these Sweepstakes rules shall control. The clock located on the computer system used by Sweepstakes Entities to manage the Sweepstakes shall govern with respect to the commencement and end time for the Sweepstakes Period, as well as the time and date of the receipt of each Sweepstakes entry.
2. ELIGIBILITY: Sweepstakes 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 for Sponsor, or any other organizations affiliated with the sponsorship, fulfillment, administration, prize support and fulfillment, advertisement, or promotion of the Sweepstakes (including, but not limited to, Matrixx Pictures LLC (hereinafter, “Matrixx”)), and/or their respective parent, subsidiary, affiliate, and successor companies, which includes but is not limited to Hy-Vee, Inc. (“Hy-Vee”) (collectively, "Sweepstakes 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 Sweepstakes are ineligible.
3. HOW TO ENTER: During the Sweepstakes Period, to submit a valid entry, entrants must visit the entry page at www.hy-vee.com 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. Entries are limited to one (1) entry per email address per day. The computer on which each entrant enters the Sweepstakes must have the acceptance of cookies enabled, or any successor technology. All entries must be submitted during the Sweepstakes Period to be considered a valid entry. By entering into the Sweepstakes, 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 Sweepstakes, 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: The prize winners will be selected by Sponsor via random.org, randomizer.org or other online random number generator service, or a random drawing (at Sponsor’s election) on or around December 18, 2013. The prize winners will be selected from among all eligible entries received during the Sweepstakes Period. 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 any potential winner within five (5) days, 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 Sweepstakes entries received.
6. PRIZES: One (1) Manufacturer’s Coupon good for one (1) free Lindsay Product (up to $3.99 value) (approximate retail value (“ARV”) per certificate: $3.99 will be mailed to one thousand (1,000) prize winners. Total ARV for all prizes $3,990.00. No cash equivalent for Prize, Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use.
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.
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 Sweepstakes Entities, 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 Sweepstakes 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 Sweepstakes, or any Sweepstakes-related activity, whether or not such injury, loss or damage arises in whole or in part from the negligence of the Sponsor or Sweepstakes 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 Sweepstakes Entities shall be responsible for printing or typographical errors in any Sweepstakes 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 and Sweepstake Entities, this promotion becomes compromised in any way, Sponsor and Sweepstakes Entities reserve the right to withdraw the Sweepstakes offer and select a Winner from all eligible entries received prior to the act that compromised the Sweepstakes. Any attempt to deliberately damage or subvert the Sweepstakes or its operation is unlawful and subject to legal action by the Sponsor, Sweepstakes Entities and/or their agents. Sponsor and Sweepstakes Entities reserve the right to verify eligibility qualifications of Winner(s), and to disqualify any individual or internet protocol (“IP”) address if Sponsor and Sweepstakes Entities believe 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 Sweepstakes be terminated prior to the last day of the Sweepstakes Period, notice will be posted at www.hy-vee.com. Any attempt by an entrant or any other individual to deliberately damage or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, Sponsor and Sweepstakes Entities reserve 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 Sweepstakes, 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 Sweepstakes 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 Sweepstakes Entity Parties in connection with the Sweepstakes 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: To obtain a copy of the winners list, send a self-addressed stamped envelope to the Hy-Vee Holiday Entertaining Sweepstakes Presented by Lindsay c/o Matrixx Pictures LLC, 3122 Santa Monica Blvd., Ste. 201, Santa Monica, CA 90404. Winner’s list requests will only be accepted after the end of the Promotion Period and no later than January 15, 2014. VT residents may omit return postage.