HERSHEY'S KISSES BRAND "HEROES AT HOME" TERMS OF USE
NO PRIZES WILL BE AWARDED IN CONNECTION WITH THIS PROMOTION.
NO PURCHASE OR PAYMENT IS NECESSARY. A PURCHASE IS NOT REQUIRED TO PARTICIPATE. These HERSHEY'S KISSES Brand "HEROES AT HOME" Terms of Use ("Terms") contain the Terms of Use that apply to you as a visitor and/or user of the HERSHEY'S KISSES Brand "HEROES AT HOME" site. By visiting and using the Websites, you agree to be bound by the following Terms without limitation or qualification.
1. ELIGIBILITY: You must be 18 years of age or older to use or post content on the Websites. Any person who provides their personal information through the Site represents to use that they are 18 years of age or older. Employees, officers and directors of The Hershey Company, ("Sponsor"), Sears, Kmart, and all of their respective parents, subsidiaries, divisions, affiliates, suppliers, printers, distributors and advertising, promotional and agencies, (and their respective IRS dependents, immediate family members [parents, children, siblings and spouses] and individuals residing in their same household (whether or not related) (collectively, "Sponsor and Promotion Parties") are eligible to participate.
2. TO PARTICIPATE: To participate, visit www.sears.com/heroesathome, www.heroesathomekisses.com or www.kissesheroesathome.com ("Websites") between May 3, 2010 and July 31, 2010, click on an image or link to access the submission page. Complete the required fields by providing your name, email address, state, message title, message copy, and optional fields such as friend's name and email address (collectively "Registration Information and Message"). Upload your photo ("Photo") (Photo and Registration Information and Message shall collectively be a "Submission") and review and accept the terms & conditions for submission, then submit your Submission. You must follow the online instructions for uploading your Submission to the Websites. Upon completion of registration and posting your submission, you will have the option to refer-a-friend to the Website. The email will have a message specific to the promotion and a link to the Website. There is no limit as to the number of Submissions you may submit to the Websites. You will not be notified that your submission, whether approved or declined, was posted to the Websites.
3. SUBMISSION GUIDELINES: You must submit a Photo and/or content, in accordance with the guidelines below. Photo Guidelines: Photo may not exceed 4 MB, and must be in one of the following formats: jpeg, png and gif. Message Guidelines: Message title may not exceed 50 characters. Message body copy may not exceed 250 characters. Message must be in English. Your submission will be reviewed within 48-72 hours upon receipt. Upon approval by the Website Administrator, submission will be posted to the Site. Sponsor reserves the right to edit any submission prior to posting.
BY SUBMITTING A SUBMISSION, PARTICIPANT ACKNOWLEDGES THAT HIS/HER SUBMISSION MAY BE POSTED ON SPONSOR'S WEBSITE, IN SPONSOR'S DISCRETION. Submission of any content grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, the Submission in any way, in any and all media, without limitation, and without consideration to the participant. Submissions 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; (d) defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies; (e) contain trademarks, logos or trade dress owned by others (except for trademarks, logos or trade dress that is expressly provided by Sponsor), or advertise or promote any brand or product of any kind (except brand or products owned by the Sponsor), without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (f) 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, except for copyrighted materials expressly provided by Sponsor; (g) contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; (h) communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; (i) depict, and cannot itself, be in violation of any law; and (j) must comply with all applicable federal, state and local laws and regulations. Sponsor reserves the right to waive the Submission Guidelines set forth herein in its reasonable discretion. By submitting a Submission, 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 your Submission 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 Submission, each participant warrants and represents that the Submission: (a) is his/her original work, (b) has not been previously published, (c) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (d) that the participant has obtained permission from a person who's name, likeness or voice is used in the submission and (e) and that publication of the Submission via various media including posting on the Websites, will not infringe on the rights of any third party rights. Any such participant will indemnify and hold harmless, Sponsor and Promotion Parties from any claims to the contrary. You agree to indemnify, defend and hold harmless Sponsor and Promotions Parties, their respective officers, directors, employees, franchisees and affiliated organizations, and their respective officers, directors and employees (collectively "Released Parties"), from and against any and all claims, demands, damages, costs (including attorneys' fees), liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by you of these warranties and representations made by you in this paragraph.
CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITES 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.
4. LIMITATION ON LIABILITY: Released Parties are not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the processing of the Submissions. Sponsor reserves the right, in its sole discretion to cancel or suspend this Promotion should fraud, virus, bugs or other causes beyond the control of Sponsor corrupt the administration, security or proper play of the Promotion. Released Parties are not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. 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 Promotion. Automated Submissions are prohibited. If you think that any Submission infringes your intellectual property rights, click here http://www.hersheys.com/contactus/ if you wish to report it.
SUBMISSIONS POSTED TO THE WEBSITE MAY BE EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL SUBMITTER AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to participants. Sponsor reserves the right to, and may or may not, monitor/screen Submissions prior to posting them to the Websites. By making a Submission, you acknowledge that Sponsor has no obligation to use or post any Submission you submit.
5. DISPUTE RESOLUTION: Except where prohibited, by participating, you agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of participant(s) and Hershey's and Released Parties, 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 Promotion 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. By making a Submission, participants consent to the jurisdiction and venue of the federal, state and local courts located in Hershey, PA.
SPONSOR: The Hershey Company, 100 Crystal A Drive, Hershey, PA. 17033
© 2010 The Hershey Company