LET’S GO REESE’S® T-SHIRT SWEEPSTAKES
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Rules (click Spoiler to read)
LET’S GO REESE’S® T-SHIRT SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THE LET’S GO REESE’S T-SHIRT SWEEPSTAKES (“SWEEPSTAKES”) IS ONLY OPEN TO LEGAL U.S. RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. VOID IN PUERTO RICO AND WHERE PROHIBITED.
THE SWEEPSTAKES BEGINS AT 12:00:00 A.M. EASTERN STANDARD TIME (“EST”) ON FEBRUARY 18, 2013 AND ENDS AT 11:59:59 P.M. EASTERN DAYLIGHT TIME (“EDT”) ON OCTOBER 31, 2013 (THE “SWEEPSTAKES PERIOD”). THE SWEEPSTAKES PERIOD IS DIVIDED INTO EIGHT ( ENTRY PERIODS (EACH AN “ENTRY PERIOD”). EACH ENTRY PERIOD STARTS AT 12:00:00 A.M. ON THE START DATE LISTED BELOW AND ENDS AT 11:59:59 P.M. ON THE END DATE LISTED BELOW (EST OR EDT, AS THE CASE MAY BE).
TO ENTER: NO PURCHASE NECESSARY TO PARTICIPATE IN SWEEPSTAKES. During any Entry Period, visit www.letsgoreeses.com (the “Web Site”) and click on the icon, banner or text link to access the Sweepstakes entry page. Follow the online instructions to submit a topic or vote on a topic for a video production and complete the Official Online Entry Form and submit as instructed to register for the Sweepstakes. Online entries must be received within an Entry Period to be eligible to win for that particular Entry Period. Entries will not be judged. Limit one (1) entry per name per e-mail address per day. For the purpose of this Sweepstakes, a “day” shall be defined as 12:00:00 a.m. to the following 11:59:59 p.m. (EST or EDT as the case may be). The Hershey Company’s (“Sponsor”) computer is the official time keeping device for this Sweepstakes. Proof of e-mailing does not constitute proof of delivery or entry. Any attempt to submit more than the maximum number of entries using multiple/different email addresses, identities or any other methods may void that participant’s entry(ies). Entries generated by a robotic, programmed, script, macro or other automated means will be disqualified. No other form of entry is valid other than as set forth above. All entry information becomes the property of the Sponsor.
BY SUBMITTING A TOPIC, ENTRANT ACKNOWLEDGES THAT HIS/HER TOPIC MAY BE POSTED ON SPONSOR’S WEBSITE, IN SPONSOR’S DISCRETION. Submission of a topic grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the topic in any way, in any and all media, without limitation, and without consideration to the entrant.
Topic Requirements. By submitting a topic in the Sweepstakes, you hereby warrant and represent that your entry conforms to the Topic Requirements set forth herein. All topics must be no longer than 500 characters in length, in English. Additionally, topics must comply with the additional requirements:
•Topics must comply with these Official Rules;
•Topics cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
•Topics cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
•Topics cannot be obscene or offensive, endorse any form of hate or hate group;
•Topics cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
•Topics cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
•Topics cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission;
•Topics cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
•Topics cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
•Topics cannot depict, and cannot itself, be in violation of any law.
If you think that any topic infringes your intellectual property rights, click here if you wish to report it www.thehersheycompany.com/legal.
Sponsor reserves the right to, and may or may not, monitor/screen topics prior to posting them to the Website. By entering, you acknowledge that Sponsor has no obligation to use or post any topic you submit.
TOPICS POSTED TO THE WEBSITE, IF ANY, WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any entrant obligation hereunder by Sponsor does not constitute a general waiver of entrant obligations. By submitting an entry/topic, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose or otherwise disclose the ideas contained in the entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
By submitting a topic you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtained permission from a person who’s name, likeness or voice is used in the topic and (f) and that publication of the topic via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, Sponsor from any claims to the contrary. Any entrant whose work includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such entry, in a form satisfactory to administrator, upon request, prior to award of prize and/or naming of entrant as a Finalist.
By accepting a prize, if applicable, the winner agrees that his/her topic will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her topic, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their topic. Sponsor reserves the right to alter, change or modify the winning topic, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the topic and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
PRIZES: Four Hundred Fifty (456) Prizes (57 per Entry Period). Each prize consists of a REESE’S® t-shirt. Approximate Retail Value (“ARV”): $4.10 each. Total ARV of all prizes is $1,869.60. The difference between any stated value and actual value will not be awarded to winner. Odds of winning a prize depend upon the number of entries received for a given Entry Period. T-shirt size will be determined in Sponsor’s sole discretion. Limit one (1) prize per household/per person/per entry period.
DRAWING: Fifty-Seven (57) winners will be selected for each Entry Period in a random drawing from among all eligible entries received for the corresponding Entry Period. Drawings will be conducted on or about the Drawing Dates listed above by an independent judging agency whose decisions are final and binding. Entries will not carry forward to subsequent drawings.
ELIGIBILITY: Sweepstakes open only to legal residents of the United States residing in the 50 United States or District of Columbia who are 18 years of age or older at time of entry. Employees, officers and directors of Sponsor, its parent, subsidiaries, divisions, affiliates, suppliers, printers, distributors and advertising, promotional and judging agencies (and their respective IRS dependents, immediate family members [parents, children, siblings and spouse]), and individuals residing in their same household (whether or not related) (collectively, “Sponsor and Promotion Parties”) are not eligible to participate or win.
WINNER NOTIFICATION: Potential winners will be notified by email and/or mail at the email address and/or mailing address provided at the time of entry. If winner notification is returned as undeliverable without a forwarding address or if winner is found to be ineligible or otherwise not in compliance with these Official Rules, prize will result in forfeiture and an alternate winner may be selected. Allow 6-8 weeks for shipment of prize following completion of verification process. Prizes will only be delivered to addresses (no PO Boxes) within the United States.
CONDITIONS: All entrants, as a condition of entry into the Sweepstakes, agree to release Sponsor and Promotion Parties from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses of any kind to persons including death or property which may be sustained directly or indirectly with the receipt, ownership, use or misuse of any prize awarded, or while preparing for, participating in or traveling to or from any prize-related activity or for any typographical or other error in these Official Rules or the announcement of offering of any prize. The winner shall bear all risk of loss or damage to their prize after it has been delivered. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize. Except for residents of Tennessee and where prohibited by law, winner grants to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known the winner’s name, address, voice, statement, picture or other likeness, without additional review, notification or compensation, for public relations, advertising and promotional purposes as may be determined by Sponsor.
LIMITATIONS OF LIABILITY: Sponsor assumes no responsibility for (a) lost, illegible, late, misdirected, or incomplete, entries or email; or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, garbled, corrupted, scrambled, delayed, or misdirected transmissions, or computer hardware or software or telephone malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information; and (b) any incorrect or inaccurate information, whether caused by Web Site users, or by any equipment or programming associated with or utilized in this Sweepstakes; any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of the Web Site. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with entry process or operation of Sweepstakes or Web Site, to be acting in violation of the terms of the Web Site or to be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Sponsor is not responsible for injury or damage to participants’ or any other person’s computer related to or resulting from participating in this Sweepstakes or downloading or copying materials from or use of Web Site. If, for any reason, Sweepstakes, in the sole opinion of Sponsor, is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend Sweepstakes, and determine winner from all eligible, non-suspect entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. In case of dispute, authorized subscriber of e-mail account used to enter at actual time of entry will be deemed to be the participant, and must comply with these Official Rules. The authorized account subscriber is deemed to be natural person who is assigned an e-mail address by an Internet Access Provider, on-line service provider, or other organization that is responsible for assigning e-mail addresses. It is solely the responsibility of the entrant to notify Sponsor in writing if the entrant changes his or her e-mail address during the Sweepstakes Period.
CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS 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.
BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Pennsylvania law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THIS SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
GOVERNING LAW & JURISDICTION: These Official Rules and the Sweepstakes are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 9 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the Commonwealth of Pennsylvania, in the County of Dauphin.
WINNERS’ NAMES: For the first name, last initial, hometown and state of the winners, print your name and complete address on a 3”x 5” card and mail in a first-class, stamped envelope to: Let’s Go REESE’S® T-Shirt Sweepstakes, PO Box 3000, Dept. 597-703, Young America, MN 55558-3000 by November 29, 2013.
SPONSOR: The Hershey Company, 100 Crystal A Drive, Hershey, PA, www.hersheys.com.
© 2013 The Hershey Company.