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Hy-Vee Surprise Graduate Giveaway Contest Rules


May 18, 2020 | Promotions


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

1.  CONTEST: The Hy-Vee Surprise Graduate Giveaway Contest (“Contest”) shall commence at 12:00:01 am CDT on May 18, 2020 and shall end at 11:59:59 pm CDT on June 30, 2020 (the “Contest Period”). The nomination period begins on May 18, 2020 at 12:00:01 am CDT and ends on May 24, 2020 at 11:59:59 p.m. CDT (the “Nomination Period”). The sponsor of the Contest 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 Contest rules (“Official Rules”), these Official Rules shall control.  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.

2.  ELIGIBILITY: The Contest is open to legal residents of Iowa, Illinois, Minnesota, South Dakota, Nebraska, Kansas, Missouri, and Wisconsin who wish to nominate (“Nominators”) a high school student in Iowa, Illinois, Minnesota, South Dakota, Nebraska, Kansas, Missouri, and Wisconsin who will graduate from high school in the Spring or Summer of 2020 (“Graduates”).  Employees of Sponsor and its parent and/or affiliate companies, as well as the immediate family members (spouse, parents, siblings, children, grandparents, and/or “step”) and household members of each such employee, are not eligible to enter.

3.  HOW TO ENTER: During the Nomination Period, to submit a valid entry, Nominators must complete and submit an entry form at http://hyv.ee/gradgiveaway, including the high school Graduate’s name, the name of Graduate’s parent or guardian, the email address (if applicable) and telephone number of Graduate’s parent or guardian, the nearest city/town with a Hy-Vee Food Store (each, a “Store”) by which the Graduate resides, and a brief description of the Graduate detailing what makes him/her deserving of the Surprise Graduate Giveaway.  All entries must be submitted during the Nomination Period to be considered a valid entry. Sponsor reserves the right to extend the Nomination Period in Sponsor’s full discretion.

Nominator may be asked to provide more information for Sponsor to confirm identity and eligibility of Graduate.

4.  WINNER SELECTION/NOTIFICATION: During the Contest Period, Sponsor will select at least fifty (50) winners, in Sponsor’s sole discretion, from all eligible nominations that best meet the criteria set forth above.  Winner(s) will be selected by June 15, 2020. Sponsor shall use its best efforts to contact the prize winner(s) by phone and/or email within two (2) days following selection. The prize winner(s) must be able to sign and return an Affidavit of Eligibility and Release of Liability/Publicity (where permitted). If Sponsor is unable to contact the prize winner(s) within two (2) days of first attempt, or should any of the prize winner(s) fail to return the Affidavit of Eligibility and Release of Liability/Publicity within two (2) days of selection, or should any prize winner fail to comply with these Official Rules or any of the following conditions, that/those prize winner(s) may, at Sponsor’s sole discretion, be declared ineligible and Sponsor shall select alternate prize winner(s).

5.  ODDS OF WINNING: The odds of winning depend on the total number of valid Contest entries received.

6.  PRIZES: Each winner will win a surprise graduation package valued at $200.00 (“Prize”). Each winner’s local Store will coordinate the delivery of the Prize with the winner’s designated parent or guardian.

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 accept prize within two (2) 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 may 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.  PUBLICITY: Except where prohibited, participation in the Contest constitutes the consent of each Winner to Sponsor’s and its respective agents’ use of the Winner’s name, age, high school, photograph, voice, likeness and/or image, and hometown city and state for promotional purposes in any media, worldwide, without further payment or consideration.

9.  DATA COLLECTION: Sponsor will be collecting personal data about Nominators, Graduates, Prize Winners and the Graduates’ and Prize Winners’ parents and/or guardians (collectively, “Participants”) when they enter the Contest. Personal data includes but is not limited to: name, address, date of birth, city, state, high school, 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 Contest, Participants hereby agree to all personal information uses and disclaimers as explained in the above noted privacy policy.

10.  GENERAL CONDITIONS: By participating in this Contest and/or accepting a Prize, Participants 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. Participants, on behalf of himself or herself and his or her heirs, assignees, executors and administrators, agree to release, discharge, and hold harmless Sponsor 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 Contest, or any Contest-related activity, whether or not such injury, loss or damage arises in whole or in part from the negligence of the Sponsor or its affiliates, officers, directors, shareholders, employees, agents, and agents of and any and all Internet servers and access providers, and agree that Sponsor shall be responsible for printing or typographical errors in any Contest 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 Contest becomes compromised in any way, Sponsor reserves the right to withdraw the Contest offer and select a winner(s) from all eligible entries received prior to the act that compromised the Contest. Any attempt to deliberately damage or subvert the Contest 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 has acted in violation of these Official Rules. Should the Contest be terminated prior to the last day of the Contest Period, notice will be posted at www.hy-vee.com. Any attempt by any individual to deliberately damage or undermine the legitimate operation of the Contest 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.

11.  DISPUTES/CHOICE OF LAW: Participants 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.

12.  PRIZE WINNERS AND OFFICIAL RULES: A copy of these Official Rules and the Contest results may be obtained by sending a self-addressed, postage prepaid written request to Hy-Vee, Inc., Attn: Hy-Vee Surprise Graduate Giveaway Contest, 5820 Westown Parkway, West Des Moines, IA 50266. Written requests must be received by August 31, 2020.

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