Hershey's® Cookie Exchange

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 at least the age of majority in their state of residence. Employees, officers and directors of The Hershey Company and Betty Crocker (“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 apply.
2. Application process begins at 12:00:00 pm (noon) Eastern Standard Time (EST) on November 7, 2011 and ends at 11:59:59 pm EST on November 20, 2011.
3. To apply: Log on to www.FavoriteCookies.com (“Web Site”). Complete the profile to include: Your name, member name, email address, signed Affidavit/Release of Liability 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 AND ONLY ONE (1) APPLICANT PER HOUSEHOLD. Applications that do not answer each question are void. Any attempt to submit more than one Application using different email addresses or multiple identities 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 review eligible Applications and select up to 1,000 Applicants as “Hosts” on or about November 21, 2011. Hosts will be selected based on but not limited to the following criteria: (1) their fit with the Sponsor’s target consumer based on family status; (2) baking and entertaining frequency; and (3) technological capability and willingness to share party tips, preparations and post-party activity online through blogging, posting photos and videos, etc. at www.FavoriteCookies.com as evident through the Application process.
   
   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® and Betty Crocker® co-branded Holiday Apron for the Host, Approximate Retail Value (“ARV”) $11;
   • Three (3) packages of Hershey’s® Kisses® chocolates, One (1) container of Hershey’s® Cocoa and Three (3) pouches of Betty Crocker® Cookie Mixes, ARV $18;
   • Fifteen (15) Hershey’s® bakery boxes for guests to carry their favorite cookies home, ARV $19;
   • Sixteen sets of (16) Hershey’s® and Betty Crocker® recipe cards featuring classic cookie recipes including: Peanut Butter Blossoms, Chocolate Snowballs, Easy Holiday Cutout Cookies and Double Chocolate Chocolate Chip Cookies ARV $20.
   
   Total ARV of Party Pack: $70. Limit one (1) Party Pack per person/household.
5. Each Host must host a cookie-exchange party using the Party Pack (“Cookie Exchange”) and post content in the form of photos, videos and blog posts to the Web Site documenting their pre- and post-Cookie Exchange experience “(Content”). All Content is subject to the blogger guidelines available at www.FavoriteCookies.com. More than fifteen (15) guests may be invited to any Cookie Exchange, however additional Party Pack items will not be provided in excess of the amounts stated above.
6. Applicants selected as Hosts will be notified by email on or about November 21, 2011. Limit one (1) Party Pack per household. Party Packs will be delivered to Hosts on or about the week of November 28, 2011. If any Party Pack is returned as undeliverable without a forwarding address, required documentation is not returned in a timely manner 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 United States. Sponsor not responsible for changes in Applicants’ telephone number, address, or email address. No substitution of Party Pack is offered, no transfer of Host Status to a third party is permitted, and Party Pack may not be redeemed for cash value. All other expenses on the receipt and use of the Party Pack are solely the responsibility of the Host. If Party Pack or any portion thereof is not available, Sponsor reserves the right to substitute items of equal or greater value. Program valid to individual consumers; request from groups, clubs or organizations will not be honored.
7. Cookie exchange parties and Web Site documentation of Content must take place no later than December 31, 2011.
8. As a condition of submitting an Application, Applicants agree (and agree to confirm in writing): (a) to release Sponsor, its affiliates, subsidiaries, retailers, sales representatives, distributors, and each of their officers, directors, employees and agents ("Promotional Parties"), from any and all liability, loss, personal injury or damage incurred with respect to the delivery, possession, and/or use or misuse of any Party Pack or portions thereof, the activities at an Cookie Exchange, or any action or inaction by Hosts at a Cookie Exchange (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. BY SUBMITTING CONTENT, HOSTS ACKNOWLEDGE THAT THEIR CONTENT MAY BE POSTED ON SPONSOR’S WEBSITE, IN SPONSOR’S DISCRETION. Submission of Content grants Sponsor, its agents and anyone authorized by any of them an unlimited, worldwide, perpetual, fully paid license and right to publish, use, publicly perform the Content in any way, in any and all media, without limitation, and without consideration to the Host. Content cannot: (a) 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; (b) 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; (c) be obscene or offensive, endorse any form of hate or hate group; Content cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies; (d) 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; (e) 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; (f) contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; (g) communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and (h) depict, and cannot itself, be in violation of any law. SPONSOR RESERVES THE RIGHT TO EDIT OR REMOVE CONTENT FROM THE WEBSITE. CONTENT POSTED TO THE WEB SITE MAY NOT BE EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL HOST AND ARE NEITHER ENDORSED NOR REFLECTIVE OF THE VIEWS OF SPONSOR. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Hosts or Applicants. By submitting Content, 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 Content 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 Content, 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. Sponsor reserves the right to, and may or may not, monitor/screen Content posted to the Web Site. By entering, you acknowledge that Sponsor has no obligation to use or post any Content you submit and may, in its sole discretion, remove such Content. By submitting Content 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 Content and (f) and that publication of the Content via various media including Web posting, will not infringe on the rights of any third party rights. Any such Host will indemnify and hold harmless, Sponsor from any claims to the contrary. Any Host whose Content includes likenesses of third parties or contains elements not owned by the Host (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.
10. 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 for any reason including, but not limited to, 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. 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.
11. 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.
12. Host List: For a list of Hosts, mail a self-addressed, stamped envelope to: Hershey’s® and Betty Crocker® Cookie Exchange Parties Host List, P.O. Box 3450, Dept. 6961-7008 Young America, MN 55558-3450. Requests must be received by December 31, 2011.

SPONSOR:The Hershey Company, 100 Crystal A Drive, Hershey, PA. and General Mills Marketing,
Inc. Number One General Mills Boulevard, Minneapolis, MN.
© 2011 The Hershey Company and General Mills, Inc.