HSTV Halloween Pet Costume Contest
October 9, 2020 | Promotions
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
1. ELIGIBILITY: The HSTV Pet Halloween Costume Contest Presented by Smuckers (the “Contest”) is open only to individuals who are legal residents of the following states: Illinois, Iowa, Kansas, Minnesota, Missouri, Nebraska, South Dakota or Wisconsin. Entrants must be at least eighteen (18) years old (or the age of majority in their state of legal residence, whichever is older) at the time of entry. Employees of Hy-Vee, Inc. (“Sponsor”) and its parent and/or affiliate companies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee, are not eligible to enter or win prizes. The Contest are subject to all applicable federal, state, and local laws and regulations and are void where prohibited. Participation constitutes an entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. SPONSOR: Hy-Vee, Inc., 5820 Westown Parkway, West Des Moines, Iowa 50266-8223, is the sponsor of the Contest.
3. CONTEST PERIOD: The Contest begins on October 15, 2020 at 12:00 a.m. Central Daylight Time (“CDT”) and ends on October 31, 2020 at 11:59 p.m. CDT (the “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 time for the Contest Period, as well as the time and date of the receipt of each Contest entry.
4. HOW TO ENTER: During the Contest Period, to submit a valid entry, entrants must: (i) submit a photo of the entrant’s pet dressed in a Halloween costume as a comment to a Contest-specific Post on HSTV’s Facebook page: facebook.com/HelpfulSmilesTV; and (ii) invite others to “like” your pet Halloween costume photo comment. Once an entrant has made the Contest-specific comment submission during the Contest Period, the entrant will be entered to win. Entries are limited to one (1) entry per Facebook account during the Contest Period. The computer on which each entrant enters the Contest must have the acceptance of cookies enabled, or any successor technology. All entries must be submitted during the Contest Period to be considered a valid entry. Further, by entering into 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. The Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook.
5. WINNER SELECTION/PRIZES/NOTIFICATION: The entrant whose pet Halloween costume photo comment receives the most “likes” during the Contest Period, as determined by Sponsor will win one (1) $200.00 Hy-Vee Gift Card (approximate retail value: $200.00) and one (1) Smuckers pet prize box containing a variety of Smuckers brand pet products (approximate retail value: $100.00). Sponsor shall use its best efforts to contact the prize winner through social media or direct message on or about November 1, 2020. If Sponsor is unable to contact the prize winner within five (5) days of first attempt, or should any prize winner fail to comply with these Official Rules or any of the following conditions, that prize winner may, at Sponsor’s sole discretion, be declared ineligible and Sponsor shall select alternate prize winner. Total approximate retail value of all prizes awarded is $300.00. Winner agrees 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 federal, state, and local tax liabilities are the sole responsibility of prize winners. Prize winners may be required to complete and return an Affidavit of Eligibility and Publicity/Liability release form and an IRS W-9 form (i.e., Request for Taxpayer Identification Number and Certification). Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion.
6. ODDS OF WINNING: Odds of winning depend on the total number of eligible entries received for the relevant Contest-specific post.
7. RELEASE / INDEMNIFICATION: By participating in the Contest, entrants agree to release, discharge, indemnify and hold harmless Sponsor, Smuckers and Facebook and each of their respective affiliates, subsidiaries, parent corporations, and officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims made by entrant or any other third parties related in any way to the operation of the Contest, as well as any other claims, damages or liability due to any injuries, damages or losses (whether alleged, threatened, or actual) to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in the Contest.
8. PUBLICITY: Except where prohibited, participation in the Contest constitutes the consent of each Entrant to Sponsor’s and its agents’ use of entrant’s name, age, the photograph submitted, voice, likeness and/or image, and hometown address for promotional purposes in any media, worldwide, without further payment or consideration.
9. GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. RESERVATION OF RIGHTS: Sponsor reserve the right to make changes to these Official Rules in its sole discretion, which will become effective upon announcement. Sponsor reserves the right to cancel or terminate this Contest for any reason in the event that it cannot be run or administered as intended by the Sponsor. Any such changes or termination will be announced on hy-vee.com or hstv.com.
11. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for any problems that may arise, including but not limited to: (a) entries that are late, lost, illegible, mechanically reproduced, contain false information, damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular, that have been submitted using robotic, programmed, script or any other automated means, or illicit means, or do not conform with or satisfy any or all of the conditions set out in the Official Rules, as determined by Sponsor in its sole and absolute discretion; (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; (c) for any other errors of any kind, omissions, incorrect or inaccurate information relating to or in connection with any Contest-related materials or the Contest, whether human, mechanical, clerical, electronic, or technical in nature; (d) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Contest; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. If the Contest, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to choose a prize winner by judging all eligible entries received up to the date of discontinuance for the prize offered herein.
12. GOVERNING LAW/DISPUTES: 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 winners shall be resolved individually, without resort to any form of class action, and exclusively before a court located in the State of Iowa; (b) to the fullest extent permitted by law, you waive any right to a jury trial in 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 winners; (c) 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 (d) 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 Entities 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.
14. OFFICIAL RULES REQUESTS/NOTIFICATION OF WINNER: To receive a copy of these Official Rules (available after October 15, 2020) or to learn the prize winner (available after November 30, 2020), send a self-addressed, stamped envelope to: Hy-Vee, Inc. ATTN – HSTV Halloween Pet Costume Contest Presented by Smuckers – OFFICIAL RULES or –WINNERS (please specify), 5820 Westown Parkway, West Des Moines, Iowa 50266-8223. All requests for official winners’ list must be received by December 31, 2020.
THESE CONTEST ARE VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
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