July 23, 2020 | Promotions
MARK WAHLBERG AUTOGRAPHED HAT SWEEPSTAKES RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
1. ELIGIBILITY: The Mark Wahlberg Autographed Hat Sweepstakes (the “Sweepstakes”) 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 Sweepstakes 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 Sweepstakes. 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 Sweepstakes.
3. SWEEPSTAKES PERIOD: The Sweepstakes begins on July 23, 2020 at 5:00:01 p.m. Central Daylight Time (“CDT”) and ends on July 26, 2020 at 11:59:59 p.m. CDT (the “Sweepstakes Period”). The clock located on the computer system used by Sponsor 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.
4. HOW TO ENTER: During the Sweepstakes Period, to submit a valid entry, Entrants must post a comment identifying their favorite burger side item in response to a Sweepstakes-specific post on Hy-Vee’s Facebook page: https://www.facebook.com/HyVee/. Entries are limited to one (1) entry per Facebook account per Sweepstakes specific post during the Sweepstakes Period. 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. 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. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook.
5. WINNER SELECTION/NOTIFICATION: The prize winner(s) will be selected on July 27, 2020 by Sponsor via the Sweepstakes platform, woobox.com, random.org, randomizer.org or other online random number generator service, or a random drawing (at Sponsor’s election). The prize winner(s) will be selected from among all eligible entries received during the Sweepstakes Period. Sponsor shall use its best efforts to contact the prize winner(s) through social media or direct message immediately following identification. If Sponsor is unable to contact the prize winner(s) within two (2) 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(s) may, at Sponsor’s sole discretion, be declared ineligible and Sponsor shall select alternate prize winner(s).
6. ODDS OF WINNING: Odds of winning depend on the total number of eligible entries received for the relevant Sweepstakes-specific post.
7. PRIZES AND APPROXIMATE RETAIL VALUES: Two (2) prize winners will each receive a Wahlburgers hat autographed by Mark Wahlberg (approximate retail value of each prize is $25, or $50 for all prizes). 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 federal, state, and local tax liabilities are the sole responsibility of each prize winner. The prize winner 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.
8. RELEASE / INDEMNIFICATION: By participating in the Sweepstakes, Entrants agree to release, discharge, indemnify and hold harmless Sponsor 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 Sweepstakes, 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 Sweepstakes-related activity or participation in the Sweepstakes.
9. PUBLICITY: Except where prohibited, participation in the Sweepstakes 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.
10. GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, 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 Sweepstakes 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 Sweepstakes 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.
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 Sweepstakes-related materials or the Sweepstakes, 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 Sweepstakes; 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 Sweepstakes or receipt or use or misuse of any prize. If the Sweepstakes, 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 Sweepstakes, 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 Sweepstakes, 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 Sweepstakes 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 Sweepstakes Entities 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.
14. OFFICIAL RULES REQUESTS/NOTIFICATION OF WINNER: To receive a copy of these Official Rules (available after July 22, 2020) or to learn the prize winner (available after July 31, 2020), send a self-addressed, stamped envelope to: Hy-Vee, Inc. ATTN – Mark Wahlberg Autographed Hat Sweepstakes – 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 September 30, 2020.
THESE SWEEPSTAKES ARE VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
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