HERSHEY®’S KISSES® Cookie Exchange Host Program
(“Program”)
Terms and Conditions
NO
PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO APPLY TO BE A HOST. A
PURCHASE WILL NOT INCREASE YOUR CHANCES OF BEING SELECTED AS A HOST.
1. Program
valid to legal U.S. residents of the 50 United States and District of Columbia,
who are 18 years of age or older. Employees, officers and directors of
The
2.
Application process begins at 12:00:00 am Eastern Standard
Time (EST) on September 28, 2009 and ends at 11:59:59 pm EST on November 15,
2009.
3.
To apply: Log on to www.kissescookies.com (“Web
Site”). Complete the profile to include: Your name, member name, email
address, and favorite cookie recipe and answer each question as presented by
Sponsor (“Application”). Application process will take approximately
five (5) minutes to complete. LIMIT ONE
(1) APPLICATION PER PERSON/EMAIL ADDRESS. Applications that do not answer each question are
void. Any attempt to
submit more than one Application may result in disqualification. All
Applications must be associated with a valid email address. Please see
the privacy policy located at http://www.hersheys.com/privacy/ for details of Sponsor's policy regarding
the use of personal information collected in connection with this
Program. All participants, as a condition of submitting an Application
(“Applicants”), agree to be bound by these Terms and Conditions.
4. Sponsor will select up to 1,000
Applicants as “Hosts” on or about November 16, 2009 to host their own cookie exchange.
Hosts will be selected based on but not limited to their fit with the
Sponsor’s target consumer based on family status; baking and entertaining
frequency; and technological capability and willingness to share party tips,
preparations and post-party activity online through blogging, posting photos
and videos, etc at www.kissescookies.com.
Submitting an
Application does not guarantee Applicant will be selected to be a Host.
Sponsor reserves the right, in its sole discretion, to determine which, and how
many, Applicants will be selected as Hosts.
Each Host will receive
a Party Pack which includes:
• One (1)
HERSHEY®’S KISSES®
Cookie Jar for the Host, Approximate Retail Value (“ARV”) $15;
• One (1)
HERSHEY®’S KISSES® chocolates 2010 calendar, ARV $7
• One
(1) Coupon for one free Pillsbury®
refrigerated Peanut Butter Cookie Dough, ARV $4;
• Three (3)
packages of HERSHEY®’S
KISSES® chocolates, ARV $12;
• Fifteen
(15) HERSHEY®’S
KISSES® bakery boxes for guests to pack-up and carry their favorite cookies
home, ARV $15;
• Supplies to
make Fifteen (15) HERSHEY®’S
KISSES® Recipe Books. Each Host will receive one silver jump ring
along with six different HERSHEY®’S
KISSES® recipes on branded recipe cards and several blank cards for
swapping recipes at the party for up to 15 guests. All recipe cards will be
hole-punched. Guests will then build their own HERSHEY®’S KISSES® recipe
book. The recipe book will feature a HERSHEY®’S KISSES® cover. The featured
HERSHEY®’S KISSES® recipes include: Peanut Butter Blossoms;
KISSES® Chocolate Chip Cookies; Chocolate Almond Thumbprint Cookies;
Midnight Chocolate Cheesecake Cookie Cups; Cookie Trio; and Double KISSES®
Truffles. ARV $20.
Total ARV of Party
Pack: $73
5.
Each Host must host a cookie-exchange party and post content
in the form of photos, videos and blog posts to the Web Site documenting their
pre and post party experience “(Content”). All Content
is subject to blogging policy of the Web Site, located at
www.kissescookies.com.
6.
Hosts will be notified by email on or about November 16,
2009. Limit one (1) Party Pack per household.
Party Packs will be delivered to Hosts on or about November 24,
2009. If any Party Pack is returned as undeliverable without a forwarding
address or if Applicant is found to be ineligible or otherwise not in
compliance with these terms and conditions, Host status will be
forfeited. Party Packs will only be delivered to addresses within the
7.
Cookie exchange parties and Web Site documentation must take
place in December, 2009.
8. As a
condition of submitting an Application, Applicants (or their parent or legal
guardian if an eligible minor) agree (and agree to confirm in writing): (a) to
release Sponsor, its affiliates, subsidiaries, retailers, sales representatives,
distributors including General Mills, Inc., and each of their officers,
directors, employees and agents ("Promotional Parties"), from any and
all liability, loss or damage incurred with respect to the delivery,
possession, and/or use or misuse of any Party Pack, including any traveling
related thereto (b) under no circumstances will entrant be permitted to obtain
awards for, and participant hereby waives all rights to claim, punitive,
incidental, consequential, or any other damages, other than for actual
out-of-pocket expenses; (c) all causes of action arising out of or connected
with this Program, or any Party Pack or substituted item awarded, shall be
resolved individually, without resort to any form of class action; and (d) any
and all claims, judgments, and award shall be limited to actual out-of-pocket
costs incurred, excluding attorneys’ fees and court costs. The
Hosts shall bear all risk of loss or damage to Party Pack after it has been
delivered. Except in Tennessee and where prohibited by law, Hosts grant
to Sponsor the right to print, publish, broadcast and use worldwide in any
media now known or hereinafter known each Host’s name, address, voice,
statement, picture or other likeness, without additional review, notification
or compensation, for public relations, advertising and promotional purposes,
without time or territorial limitation, as may be determined by Sponsor.
9. Liability Limitations: Sponsor
assumes no responsibility for (a) lost, illegible, late, misdirected, or
incomplete submissions or email; or for interrupted or unavailable satellite,
network, server, Internet Service Provider (ISP), Web Site, 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, (b) any incorrect or inaccurate information, whether
caused by Web Site users, or by any equipment or programming associated with or
utilized in this promotion; 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 the submission process or
operation of 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 participant's or any other person’s computer
related to or resulting from participating in this Program or downloading or
copying materials from or use of Web Site. If, for any reason, the
Program, 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 Program, Sponsor reserves the
right, at its sole discretion, to cancel, terminate, modify or suspend Program,
and select participants from Applications 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 submit a profile at actual time
of Application will be deemed to be the participant, and must comply with these
terms and conditions. The authorized account subscriber is deemed to be
natural person who is assigned an e-mail address by an ISP or other organization
that is responsible for assigning e-mail addresses. It is solely the
responsibility of the participant to notify Sponsor in writing of any changes
to his or her e-mail address prior the enrollment end date.
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 PROGRAM 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.
10.
Dispute Resolution: Except where prohibited, by
participating, you agree that all issues and questions concerning the
construction, validity, interpretation and enforceability of these terms and
conditions, or the rights and obligations of participant(s) and Sponsor, shall
be governed by and construed exclusively in accordance with the laws of the
Commonwealth of Pennsylvania without giving effect to any principles of
conflicts of law of any jurisdiction and that: (a) any and all disputes, claims
and causes of action arising out of or connected with this Program shall be
resolved individually, without resort to any form of class action; (b) any and
all claims, judgments and awards shall be limited to actual out-of-pocket costs
incurred, including costs associated with participating, but in no event
attorneys' fees; and (c) under no circumstances will any participant be
permitted to obtain awards for and 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.
11.
Host List: For a list of Hosts, mail a self-addressed, stamped
envelope to: HERSHEY®’S KISSES® Cookie Exchange Host
Program Host List,
SPONSOR: The
Hershey Company,
©2009 The Hershey Company.