June 29, 2021 | Promotions
HY-VEE WATERMELON CHALLENGE CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. CONTEST ELIGIBILITY: The Hy-Vee Watermelon Challenge Contest (the “Contest”) is open only to legal residents of Iowa, Illinois, Minnesota, South Dakota, Nebraska, Kansas, Missouri, and Wisconsin. Entrants must be at least eighteen (18) years old at the time of entry. Employees of Hy-Vee, Inc. (“Hy-Vee”) 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. The Contest is subject to all applicable federal, state, and local laws and regulations and is 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 Entrants fulfilling all requirements set forth herein. In the event of a conflict between the entry instructions on any entry form and these Official Rules, these Official Rules shall control.
2. SPONSOR: Hy-Vee, Inc., 5820 Westown Parkway, West Des Moines, Iowa 50266-8223.
3. CONTEST PERIOD: The Contest begins on June 29, 2021 at 6:00 p.m. Central Daylight Time (“CDT”) and ends on July 2, 2021 at 12:00 p.m. CDT (the “Contest Period”).
4. TO ENTER:
To enter the Contest, during the Contest Period, Entrants must post a comment to a specific Facebook post on Hy-Vee’s Facebook page identified by Hy-Vee during the Contest Period with their guess as to the number of rubber bands it will take to break the watermelon. Hy-Vee’s Facebook page is located at http://www.facebook.com/hyvee. The computer on which each entrant enters the Contest must have the acceptance of cookies enabled, or any successor technology.
5. SELECTION OF WINNERS AND PRIZES: The first entrant to correctly guess the number of rubber bands it takes to break the watermelon will win a $100.00 Hy-Vee gift card (approximate retail value: $100.00) (“Prize”). If no Entrant correctly guess the number of rubber bands, the Entrant with the guess that is closest to the correct answer will win the Prize. The tie breaker for more than one correct answer will be a random drawing by Sponsor. Sponsor shall use its best efforts to contact the prize winner(s) by Facebook comment or direct message. All federal, state, and local tax liabilities are the sole responsibility of the Prize Winner. The Prize Winner will be required to complete and return an Affidavit of Eligibility and Publicity/Liability release form. The Prize Winner may be required to complete and return an IRS W-9 form (i.e., Request for Taxpayer Identification Number and Certification) within five (5) days of issuance. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion.
6. RELEASE / INDEMNIFICATION: By participating in the Contest and/or accepting a Prize, Entrant (or Entrant’s parent or legal guardian, if Entrant is a minor) and Prize Winner (or Prize Winner’s parent or legal guardian, if Prize Winner is a minor) agrees to release, discharge, indemnify and hold harmless Sponsor and each of its affiliates, subsidiaries, parent corporations, and their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims made by Entrant (or Entrant’s parent or legal guardian, if Entrant is a minor), Prize Winner (or Prize Winner’s parent or legal guardian, if Prize Winner is a minor), 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.
7. PUBLICITY: Except where prohibited, participation in the Contest constitutes the consent of each Entrant and Prize Winner to Sponsor’s and its agents’ use of Entrant’s and Prize Winner’s name age, photograph, voice, likeness and/or image, and hometown address for promotional purposes in any media, worldwide, without further payment or consideration.
8. 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. Facebook® is a registered trademark owned by Facebook, Inc. The Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook.
9. 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) postal delays, strikes or failures; (c) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; (d) for any other errors of any kind, omissions, incorrect or inaccurate information relating to or in connection with the any Contest-related materials or the Contest, whether human, mechanical, clerical, electronic, or technical in nature; (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Contest; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s or Prize Winner’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.
10. GOVERNING LAW/DISPUTES: This Contest is governed by the laws of the United States and the State of Iowa. As a condition of participating in this Contest and/or accepting a prize, each Entrant and prize winner agrees, to the extent permitted by law, that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Contest, will be resolved individually, without resort to any form of class action, exclusively before a court located in the State of Iowa. FURTHER, IN ANY DISPUTE, UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ATTORNEYS’ FEES, OTHER THAN YOUR ACTUAL OUT-OF-POCKET EXPENSES (E.G. COSTS ASSOCIATED WITH ENTERING). YOU FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
12. OFFICIAL RULES REQUESTS/NOTIFICATION OF WINNER: To receive a copy of these Official Rules (available after June 29, 2021) or to learn the winner (available after July 2, 2021), send a self-addressed, stamped envelope to: ATTN – Hy-Vee Watermelon Challenge – 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 October 31, 2021.
THIS CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
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