Old Orchard Sweepstakes Official Rules
December 16, 2012 | Promotions
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
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Old Orchard Sweepstakes (“Sweepstakes”) shall commence at 8:00:00 am CST on December 16, 2012 and shall end at 4:59:59 pm CST on December 27, 2012 (“Sweepstakes Period”). The administrator of the Sweepstakes is Hy-Vee, Inc., 5820 Westown Parkway, West Des Moines, IA 50266 (“Hy-Vee”). The Sponsors of the Sweepstakes are Hy-Vee and Old Orchard Brands, LLC, P.O. Box 66, Sparta, MI 49345 (“Sponsor”). Hy-Vee and Sponsor(s) are hereinafter collectively referred to as “Sweepstakes Entities”. In the event of a conflict between any registration material and these rules, these rules shall control. The clock located on the computer system used by Hy-Vee to manage the Sweepstakes shall govern with respect to the commencement and end times for the Sweepstakes Period, as well as the time and date of the receipt of each Sweepstakes entry. By participating, entrants, on behalf of himself or herself and his or her heirs, assignees, executors and administrators, agree to these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes.
1. How to Enter: During the Sweepstakes Period, entrants may enter the Sweepstakes by visiting Hy-Vee’s website at www.hy-vee.com and clicking on the Sweepstakes link, or by visiting Hy-Vee’s Facebook page and clicking on the Sweepstakes link. Entrants must fill out the supplied registration form completely by providing (a) full name, (b) full address of residence, (c) date of birth, (d) telephone number, and (e) email address. All other attempts at entry are void. Entries are limited to one (1) entry per email address per day. The computer on which each entrant enters the Sweepstakes must have the acceptance of cookies enabled, or any successor technology. Entrants must have a valid email address at the time of entry. By entering the Sweepstakes, entrants consent to the use of the entrant’s name, photograph, likeness, biography, voice and/or video for advertising and promotional purposes by the Sweepstakes Entities (as defined herein), including, but not limited to, online and on-air announcements, weekly circular ads, signage, posters, television, magazine articles, websites, social media sites (including, but not limited to Facebook and Twitter), and any other publication(s) at Sweepstakes Entities’ sole discretion, worldwide and without limitation, and without additional compensation or consideration, except where prohibited by law.
2. Prizes: One (1) grand prize winner will win free Old Orchard frozen juice concentrates for one (1) year, defined as fifty-two (52) VIP free product coupons, one for each week of the year (approximate retail value (“ARV”): $103.48). One (1) runner-up prize winner will win one (1) Old Orchard grocery tote, one (1) water bottle, one (1) t-shirt, one (1) lunch bag, and five (5) VIP free Old Orchard product coupons (ARV: $35.00).
3. Winner Selection: The prize winners will be selected from among all eligible entries by Sweepstakes Entities via random.org or a random drawing (at Sweepstakes Entities’ election) on or around the week of December 28, 2012. Only one prize shall be awarded per person. Sweepstakes Entities’ and/or Random.org’s selection shall be final and binding. The potential prize winner for each prize for will be notified by telephone or email within seven (7) days of the applicable drawing date and will be required to sign and return an Affidavit of Eligibility and Release of Liability/Publicity (where permitted) within seven (7) days thereafter. Noncompliance within specified time period for return of Affidavit and Release, an inability of Sweepstakes Entities to reach a potential prize winner by telephone, or a return of any prize or prize notification as undeliverable may result in forfeiture of prize. All income taxes on prizes are winners’ responsibility.
4. Odds of Winning: The odds of winning depend on the total number of eligible entries received.
5. Prize Restrictions: No cash redemptions. No transfer of prize permitted. No substitutions, except Sweepstakes Entities 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. WINNERS AGREE TO ACCEPT ALL ASPECTS OF THE PRIZE "AS IS," AND SWEEPSTAKES ENTITIES MAKE 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. Other restrictions may apply.
6. Eligibility: Open to legal residents of Iowa, Illinois, Kansas, Minnesota, Missouri, Nebraska, South Dakota and Wisconsin who are 18 years of age or older at the time of entry (except Nebraska, where the entrant must be 19 years of age or older at the time of entry). Not open to employees of “Sweepstakes Entities”, or any of their respective affiliates, advertising and promotion agencies, and their immediate family members (i.e., spouse, children, siblings, parents, and individuals residing in the same household). Void where prohibited by law.
8. Limitation of Liability: Sweepstakes Entities and their affiliates, subsidiaries, promotion partners and advertising agencies, and their respective officers, directors, shareholders, employees and agents (“Sweepstakes Entity Parties”), are not responsible for printing or typographical errors in any Sweepstakes-related materials. Sweepstakes Entity Parties assume no responsibility for any technical problems in conjunction with transmission or receipt of entry including faulty electronic data transmission, traffic congestion on the Internet or on the website, hardware or software, equipment failure or malfunction, or other on-line communications problems, stolen, late, lost, garbled, delayed, misdirected, damaged, incomplete, postage due, illegible, incorrect, inaccurate transcription or loss of any information whatsoever, including without limitation human error. Use of the Website is at user’s own risk. Sweepstakes Entity Parties are not responsible for any damage or losses of any kind that may be sustained to user's or any other person's computer resulting from participation in the Sweepstakes, use of the Website or the download of any information from the Website. Sweepstakes Entity Parties reserve the right to cancel, suspend or modify the Sweepstakes if fraud or technical failures compromise the integrity of the Sweepstakes as determined by Sweepstakes Entities in their sole discretion. In the event Sweepstakes is cancelled, the prize will be awarded in a random drawing from eligible, non-suspect entries received as of the time of cancellation. By participating in this Sweepstakes and accepting a prize, winner agrees that Sweepstakes Entity Parties shall not be liable for any loss, damages, rights, claims, and actions of any kind in connection with the Sweepstakes or resulting from the winner’s Sweepstakes participation, acceptance, possession, use, or misuse, of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, privacy or defamation. Sweepstakes Entity Parties reserve the right, at its sole discretion, to disqualify any individual who tampers with the entry process. Should multiple users of the same e-mail account enter the Sweepstakes and a dispute thereafter arises regarding the identity of the entrant, the authorized subscriber of said e-mail account at the time of entry will be considered the entrant. “Authorized account subscriber” is defined as the primary person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.
9. Arbitration/Choice of Law: 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 winner shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective; (b) 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 (c) 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 Entity Parties 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.
10. Winners List, Official Rules: For the names of winners or for a copy of these official rules, send a self-addressed, stamped envelope to: Hy-Vee, Inc., Attn: Old Orchard Sweepstakes 4, 5820 Westown Parkway, West Des Moines, IA 50266. Requests must be received by January 14, 2012.
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