Hy-Vee and Dr Pepper Tuition Contest Rules
August 25, 2021 | Promotions
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. CONTEST ELIGIBILITY: The Hy-Vee and Dr Pepper Tuition Contest (the “Contest”) is open only to legal residents of the United States of America who are employees of a Winning Hy-Vee Store (as defined below). Entrants must be at least eighteen (18) years old at the time of entry. 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 August 25, 2021 at 12:00:01 a.m. Central Daylight Time (“CDT”) and ends on November 30, 2021 at 11:59:59 p.m. CDT (the “Contest Period”). The “Initial Contest Period” begins on August 25, 2021 at 12:00:01 a.m. CDT and ends on September 21, 2021 at 11:59:59 p.m. CDT
4. TO ENTER: During the Initial Contest Period, participating Hy-Vee Food Stores will build a display to support the Dr Pepper College Football promotion featuring Dr Pepper products (“Display”). Participating Hy-Vee Food Stores must send a photograph of the Display to Jessica Krueger of Dr Pepper at [email protected] by September 21st, 2021. On or before October 4, 2021, Sponsor will select four (4) of the participating Hy-Vee Food Stores from each of size A stores, size B stores, and size C/D stores as a winning store (for a total of twelve (12) winning stores) (each, a “Winning Hy-Vee Store”) based on the overall appearance of the Display in support of the Dr Pepper College Football promotion and its use of Dr Pepper Products, as determined by the judges in their sole discretion. To enter, employees of a Winning Hy-Vee Store must submit the information requested by the applicable Winning Hy-Vee Store during the period of time requested by the Winning Hy-Vee Store (each, an Entry”).
5. SELECTION OF WINNERS AND PRIZES: On or before October 4, 2021, each Winning Hy-Vee Store will select one (1) winner in such Winning Hy-Vee Store’s sole discretion, from all eligible Entries for that Winning Hy-Vee Store (each, a “Prize Winner”). Each Prize Winner (for a total of twelve (12) Prize Winners) will win one (1) tuition award of $2,300.00 (approximate retail value: $2,300.00 for each prize and $27,600.00 for all prizes). Prize Winners will be notified in person, by telephone or by email following selection. No cash redemptions. No transfer of prize permitted unless permitted by Scholarship Management Services. 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 Prize Winner. Prize Winners and/or their Designees have until December 31, 2022 to claim and use the Tuition Award or it will be forfeited. If the Prize Winner is unable to accept the prize within the timeframe as stated, an alternate winner will be chosen. 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 ten (10) days of issuance. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion.
6. TUITION AWARD INFORMATION: Upon designating the Prize Winners, the contact information for the Prize Winners will be relayed to Innovative Processing, Inc. by November 30, 2021. All Prize Winners must then cooperate with Innovative Processing, Inc. who will forward all information to Scholarship America. Prize Winners should be prepared to communicate with Scholarship America via U.S. Mail as required.
Each tuition prize amount is payable as follows:
(a) as tuition to cover college or postsecondary vocational institution tuition, fees, books, supplies, equipment, related educational expenses and on-campus room and board to be awarded in the form of a check distributed to the school (eligible under Title IV of the Higher Education Act of 1965 as amended) and located in the United States on behalf of the Winner or Winner’s designee, who must be at least 17 years of age (“Designee”); or
(b) to pay off student loans incurred for eligible costs in (a) above in the form of a check distributed to the lending institution on behalf of the Prize Winner or Designee.
All tuition/educational awards will be administered by Scholarship Management Services, a division of Scholarship America, and are subject to the following and all other terms of these Official Rules. Awards are to be used for postsecondary education and checks for the full amount will be sent to the institution designated by the Prize Winners. Any unused funds at the conclusion of the students’ educational experience may be returned to the students to do with as he or she chooses. Taxes on any portion not used for educational purposes are the responsibility of the recipient. Award amounts may be applied to educational loans. Payments made for this purpose will be payable to the loan servicing company for the student. (Award may be considered taxable and Form 1099-Miscellaneous Income will be issued.)
At the request of the recipient (i.e., the Prize Winners), he/she may designate that the tuition award proceeds be held at Scholarship Management Services on account for another person (Designee) to be used for eligible education purposes as provided herein.
Upon notification by Scholarship America, the Prize Winners must notify Scholarship Management Services of his/her intent to gift the award proceeds to the Designee. Scholarship Management Services will create an account for the Designee and set aside the funds until such time as the Designee notifies Scholarship Management Services that he/she is ready to use the funds for eligible education-related expenses. The tuition award proceeds shall be transferred one time only. The Prize Winners must supply the following identifying information about the Designee: name, address, phone number, date of birth, relationship and postsecondary school information (if known at such time). Scholarship Management Services shall not transfer the tuition award proceeds to the Designee until such time as the identifying information is verified by the Designee and to the satisfaction of Scholarship Management Services. The Prize Winners shall be responsible for completing and filing the required Gift Tax Forms with the Internal Revenue Service. There may be a tax liability to the winner and the winner should consult with a tax expert before making this decision. An IRS 1099 will be issued to the winner. Any tax liability will be the responsibility of the winner.
7. 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) 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), 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, photograph, 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. 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 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 winner by judging all eligible Entries received up to the date of discontinuance for the prize offered herein.
11. 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 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.
13. OFFICIAL RULES REQUESTS/NOTIFICATION OF WINNER: To receive a copy of these Official Rules (available after August 25, 2021) or to learn the Prize Winners (available after October 4, 2021), send a self-addressed, stamped envelope to: ATTN – Hy-Vee Dr Pepper Tuition Contest – 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 January 31, 2021.
THIS CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
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