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HERSHEY'S KISS SOMEONE SHARE, MATCH AND YOU COULD WIN!
OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. GAME BEGINS MARCH 1, 2007 AND ENDS SEPTEMBER 1, 2007 ("GAME PERIOD") OR WHEN SUPPLIES ARE EXHAUSTED (WHICHEVER OCCURS FIRST). GAME ONLY OPEN TO TEAMS CONSISTING OF TWO PERSONS WHO ARE BOTH 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.
HOW TO PLAY: NO PURCHASE NECESSARY TO PARTICIPATE IN GAME. Look for a game piece inside specially marked packages of HERSHEY'S KISSES brand milk chocolates, HERSHEY'S KISSES brand milk chocolates filled with caramel, HERSHEY'S KISSES brand milk chocolates filled with peanut butter, HERSHEY'S KISSES brand chocolate truffles, HERSHEY'S KISSES brand milk chocolates with almonds, HERSHEY'S KISSES SPECIAL DARK chocolates, HERSHEY'S KISSES brand dark chocolates filled with cherry cordial créme, HERSHEY'S KISSABLES chocolate candies and HERSHEY'S KISSABLES SPECIAL DARK chocolates available at participating retail stores (while supplies last). Not all products and package sizes may participate in all areas. TO REQUEST A FREE GAME PIECE, while supplies last, mail original hand-printed self-addressed first class stamped envelope postmarked no later than 9/3/07 to be received by 9/10/07 to: HERSHEY'S KISS SOMEONE Share, Match and you could Win! Game Piece Request, P.O. Box 3511, Young America, MN, 55558-3511. Limit one (1) free game piece per request per stamped outer envelope. Residents of the state of VT may omit return postage. No responsibility is assumed by The Hershey Company ("Sponsor") for lost, late, illegible, incomplete, stolen, mutilated, separated postage due or misdirected mail. HOW TO WIN: Gently open game piece. Each game piece will have a specific color of either the right half or left half of a HERSHEY'S KISSES chocolate shape. If you and a partner have two matching game pieces (consisting of one right half and one left half of the same KISSES shape and color), you and that partner could be winners of the prize indicated (subject to verification). Prize claims must be submitted by a team (you and a partner) made up of two (2) eligible entrants. There is a maximum of two (2) partners per prize claim. Grand Prize - Silver KISSES shape. If you and a partner have two matching game pieces consisting of a right half and left half of the Silver KISSES chocolate shape, your team could be a Grand Prize Winner (subject to verification). First Prize - Blue KISSES shape. If you and a partner have two matching game pieces consisting of a right half and a left half of the Blue KISSES chocolate shape, your team could be a First Prize Winner (subject to verification). Second Prize - Red KISSES shape. If you and a partner have two matching game pieces consisting of a right half and a left half of the Red KISSES chocolate shape, your team could be a Second Prize Winner (subject to verification). Third Prize - Green KISSES shape. If you and a partner have two matching game pieces consisting of a right half and a left half of the Green KISSES chocolate shape, your team could be a Third Prize Winner (subject to verification). TO REDEEM PRIZE: Retain a color photocopy of BOTH game pieces, attach both original winning game pieces to a 3"x5" card with BOTH partner's names, complete addresses, dates of birth, and daytime phone numbers neatly printed in ink. Mail completed 3"x5" card with firmly attached original matching game pieces to: HERSHEY'S KISS SOMEONE Share, Match and you could Win! Prize Claim, P.O. Box 1155, Young America, MN 55594-1155. Prize claims must include BOTH partner's complete names, addresses and daytime phone numbers on the 3"x5" card. PRIZE CLAIMS WITHOUT TWO ELIGIBLE PERSONS PERSONAL INFORMATION MAY BE DISQUALIFIED IN SPONSOR'S SOLE DISCRETION. GRAND AND FIRST PRIZE CLAIMS MUST BE SENT VIA REGISTERED MAIL ONLY, RETURN RECEIPT REQUESTED. Claims for other prizes may be sent by regular first class mail. All prize claims must be received by 9/24/07. No facsimiles, copies or reproductions accepted. Proof of mailing does not constitute proof of delivery. All prize claims subject to verification by an independent judging organization. Prize cannot be transferred, assigned, substituted, or redeemed for cash, but Sponsor reserves right to substitute prize with prize of equal or greater value should prize become unavailable. Sponsor is not responsible for mail, requests or prize claims that are late, lost, stolen, damaged, mutilated, separated, incomplete, illegible, postage due, or misdirected.
PRIZES: Grand Prizes (Three (3) available): The Grand Prize consists of a total of $100,000 and a trip for the team to New York City to take part in the chance to play for $100 Million. Each Grand Prize team will receive $100,000 (awarded as a $50,000 check or wire transfer to each partner). Approximate retail value (ARV) of a Grand Prize: $104,000. Odds of winning a Grand Prize: 1:15,050,051*. The trip consists of round-trip coach class air transportation for both partners from an airport near each of their homes within the U.S. to New York, NY; single occupancy standard hotel accommodations for each partner for two (2) nights; and ground transportation to/from the "$100 Million Event" (see Rule12 for details). Selection of airport, airline, hotel and ground transportation is within Sponsor's sole discretion. All other expenses not specifically mentioned herein are solely the responsibility of each partner. All travel subject to availability and restrictions. Partners must be able to travel between 11/7/07 to 11/9/07 on the dates designated by Sponsor and must be present in New York City at the $100 Million Dollar Event on 11/8/07 (except as set forth in Rule 11 below) or entire Grand Prize package, including the $100,000 portion of the prize, will be forfeited. Travel dates are subject to change, and are determined by Sponsor, within Sponsor's sole discretion. Sponsor assumes no responsibility for cancelled, delayed, suspended or rescheduled events (including airline flights) beyond its control. Partners must have all necessary identification and/or travel documents (e.g. a valid U.S. driver's license) required for travel within the United States. Any difference between stated prize value and actual prize value will not be awarded. First Prizes (5 available): Prize consists of a Family and Friends Caribbean Cruise for both partners and up to three (3) guests for each partner; coach air transportation for both partners and each of their three (3) guests (from major commercial airport nearest partner's residence) to/from cruise port (as determined by Sponsor). Cruise consists of two (2) standard double occupancy outside stateroom accommodations for both partners (total of 4 rooms) for seven (7) nights on a deck selected by Sponsor, onboard regularly scheduled meals and entertainment, port charges and fees. ARV: $16,000. All other expenses not specifically mentioned herein are solely the responsibility of each partner/guest. Selection of cruise ship and itinerary are within Sponsor's sole discretion. Sponsor assumes no responsibility for cancelled, delayed, suspended or rescheduled events (including airline flights) beyond its control. Guests must sign and return a travel release before any ticketing of travel occurs for both Grand and First Prizes. Partners and guests must have all necessary identification and/or travel documents (e.g. a valid U.S. driver's license or passport, as specified by cruise line) required for travel within or outside the United States. Limit one (1) Grand/First Prize per name, address and/or household. The difference between any stated value and actual value will not be awarded. Odds of winning a First Prize: 1:12,040,049*. Second Prizes (50 available): Prize consists of a Trekr Tandem Bike for each partner. ARV: $1,300. Odds of winning a Second Prize: 1:3,612,154*. Third Prizes (99,942 available): Coupon for free HERSHEY'S KISSES or HERSHEY'S KISSABLES products (up to 14 oz. on packaged candy bags) for both partners. ARV: $7. Odds of winning a Third Prize: 1:459*. Actual prizes may vary than those advertised. *Odds are calculated as of the onset of the game and are based upon estimates of the number of packaging/game pieces planned to be produced; actual odds may vary during the game depending upon the actual number of packaging/game pieces in the marketplace at any given time.
SECOND CHANCE DRAWING: Unclaimed Grand and First prizes (if any) as of 9/24/07 may be awarded randomly in a second chance drawing held on or about 10/1/07. All other unclaimed prizes will not be awarded. To enter, fill out a 3"x5" card with you and your partner's complete name, address, date of birth and daytime phone number and mail in a first class stamped envelope to: "HERSHEY'S KISS SOMEONE Share, Match and you could Win! Second Chance Drawing", P.O. Box 1166, Young America, MN 55594-1166 for receipt by 9/1/07. Limit ONE (1) entry per person. No other forms of entry are valid other than those set forth above. All entry information becomes the property of the Sponsor. If the second chance drawing occurs, the Second Chance Drawing partners will be notified by overnight mail on or about 10/5/07. Odds of winning a Second Chance Prize depend upon the number (if any) of unclaimed Grand and First prizes included in the Second Chance Drawing and the number eligible entries received.
ELIGIBILITY: You must submit prize claims/enter the Second Chance Drawing as a team (you and a partner) as outlined herein. PRIZE CLAIMS AND/OR SECOND CHANCE DRAWING ENTRIES WITHOUT TWO ELIGIBLE PERSONS' PERSONAL INFORMATION WILL BE DISQUALIFIED. Game open only to teams consisting of legal residents of the 50 United States and District of Columbia who are 18 years of age or older at time of entry. Employees, officers and directors of Sponsor and all of its parent, subsidiaries, divisions, affiliates, suppliers, game printers, distributors and advertising, promotional and judging agencies involved in the development, execution and administration of this game, (and their respective IRS dependents, immediate family members [parents, children, siblings and spouse] of each) and individuals residing (living in the same household for at least three (3) of the twelve (12) months immediately prior to start of game) in their same household (whether or not related) (collectively, "Sponsor and Promotion Parties") are not eligible to participate or win.
GENERAL TERMS: No substitution of prize is offered, no transfer of prize to a third party is permitted, and non-cash portions of the prize may not be redeemed for cash value unless at the sole discretion of Sponsor. Mail received without a verifiable and legible return address may not be accepted at Sponsor's sole discretion. Void wherever prohibited or restricted by law. Prize winners will be solely responsible for all applicable federal, state and local taxes on prize. If applicable, winners may receive an IRS Form 1099 for the retail value of the prize. All other expenses on the receipt and use of the prize not specifically mentioned herein are solely the responsibility of the winners. Any portion of a prize not accepted by a team will be forfeited. Winners' first names, last initials, hometown and state will be disclosed on Winner's List which will be distributed upon request and as required by law. No groups, clubs or organizations may reproduce or distribute any portion of these Official Rules to its members. All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor and it's authorized judging agencies (the "Judges") whose decisions in all aspects of this game shall be final. You are not a winner until your potentially winning game piece(s) have been timely received and verified by the Judges in accordance with these Official Rules, or you and a partner have been notified that you are a potential winner of a second chance drawing, and you have fully complied with these Official Rules.
WINNER NOTIFICATION: Potential Grand, First and Second winners will be notified by overnight mail at the addresses provided at the time of entry. If winner notification is returned as undeliverable to either partner without a forwarding address or if either partner is found to be ineligible or otherwise not in compliance with these Official Rules, it may result in prize forfeiture and an alternate winner may be selected. Grand, First and Second partners will be required to sign and return an Affidavit of Eligibility/Liability (and travel release - if applicable) and (where lawful) a Publicity Release within seven (7) days of attempted winner notification or as indicated by the date on the Affidavit. Failure to return any required documents within seven (7) days (or as indicated by the date on the Affidavit) may result in prize forfeiture, and an alternate winner may be selected. Second and Third Prize Winners, allow 6-8 weeks for shipment of prize following completion of notification process. Prizes will only be delivered to addresses within the United States.
CONDITIONS: All participants, as a condition of participation in the game, 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 any typographical or other error in these Official Rules or the announcement of offering of any prize. Both partners shall bear all risk of loss or damage to their prize after it has been delivered. In addition, winning partners, agree to release Sponsor and Promotion Parties from and against any and all liability, claims or actions of any kind whatsoever with regards to prize distribution and/or prize allocation amongst partners. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize. Except where prohibited by law, winning partners grant to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known the partner winners' names, addresses, voices, statements, pictures or other likeness, without additional review, notification or compensation, for public relations, advertising and promotional purposes as may be determined by Sponsor.
DISPUTE RESOLUTION: Except where prohibited, by participating, you agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, 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 game 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, exemplary, 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.
VERIFICATION: All potentially winning game pieces are subject to verification at the sole discretion of the Judges. Only game pieces from specially marked HERSHEY'S KISSES and HERSHEY'S KISSABLES products distributed by participating retailers during the duration of the game will be accepted and may not be combined with those from any other game. Anti-fraud detection devices may be used to verify winners. Game pieces will be void if they fail to pass anti-fraud detection measures, or if found to be photocopied, reproduced, altered, forged, defaced, tampered, mutilated, torn, stolen, unissued, unauthorized, illegitimately obtained or illegible in any way, or if disassembled, or if they fail to contain authorized special markings and/or security codes, or if defective or if they contain printing or other mechanical errors or are printed or produced in error, as determined in Sponsor's sole discretion. No prize will be awarded to the holder of a void game piece and Sponsor's sole liability in respect thereof will be to replace the void game piece with another randomly selected game piece if Sponsor deems appropriate while supplies last. If for any reason Sponsor determines in its sole discretion that the game is no longer capable of running as intended by these rules for any reason whatsoever Sponsor may at its sole discretion cancel, suspend or modify the game in whole or in part.
Game materials/game pieces are void if not obtained through authorized, legitimate channels, or if any part is defective, altered, duplicated, photocopied, forged, counterfeited, mutilated or tampered with in any way, or if game materials/game pieces contain or are a result of a printing, seeding, typographical, mechanical or other errors, or do not contain proper security devices. Sponsor's sole liability for regular official game piece is limited to replacement with free randomly selected official game piece, while supplies last. All submitted game materials/game pieces become property of Sponsor, and will not be returned. No more than stated number of prizes will be awarded. In the event that production, seeding, printing fraud or any other reasons cause more than stated number of prizes set forth in these Official Rules to be available and/or legitimately claimed in any prize category, Sponsor reserves right to award only the stated number of prizes in that prize category via a random drawing of all purportedly eligible prize claimants.
GAME END: Game is scheduled to end on the earlier of 9/1/07 or when the supply of specially marked packages of HERSHEY'S KISSES brand milk chocolates, HERSHEY'S KISSES brand milk chocolates filled with caramel, HERSHEY'S KISSES brand milk chocolates filled with peanut butter, HERSHEY'S KISSES brand chocolate truffles, HERSHEY'S KISSES brand milk chocolates with almonds, HERSHEY'S KISSES SPECIAL DARK chocolates, HERSHEY'S KISSES brand dark chocolates filled with cherry cordial créme, HERSHEY'S KISSABLES brand candies, and HERSHEY'S KISSABLES SPECIAL DARK chocolates available at participating retail stores (while supplies last) or product game pieces have been exhausted, whichever occurs first.
$100 MILLION EVENT: Grand Prize participating teams will have the opportunity to participate in the $100 Million Event on 11/8/07. If, at the time of prize notification, either partner is unable to travel to and attend the $100 Million Event, he/she can appoint an authorized "designee" who meets the eligibility criteria set forth herein to appear at the $100 Million Event to play on behalf of such partner (such person hereinafter referred to as a "Designee"). Appointed Designee must be approved by Sponsor, must meet eligibility requirements set forth in Rule 4 and must sign and return all required travel and participation releases and other documentation as requested by Sponsor for receipt on or before the due date specified to be eligible to serve as a Designee. A partner's decision to appoint a particular Designee, must be confirmed in writing by the partner and Designee, and once accepted by Sponsor, is final and cannot be changed, except within Sponsor's sole discretion. No other persons aside from a verified partner or his/her Designee will be permitted to participate in the $100 Million Event. A Designee will be playing solely on behalf of the verified partner and will not be playing on his/her own account or for his/her own benefit. As such, Designee will not be deemed eligible by Sponsor as a winner as a result of Designee's participation at the $100 Million Event; Designee will solely act as an agent of partner. Sponsor will have no liability to any Designee for any prize that is won at the $100 Million Event as a result of Designee's participation in the $100 Million Event; Sponsor's sole obligation for any prize that may be awarded at the $100 Million Event will be to original partner and not to Designee. Sponsor shall have no liability to any partner with respect to any claims based on decisions/selections made by his/her Designee in connection with the $100 Million Event or otherwise. If, at the time of the $100 Million Event, one of the partners (or Designees) of the team is not in attendance at the $100 Million Event, the remaining partner (or Designee) may play on the team's behalf. However, failure of the team (both partners or Designees) to attend the $100 Million Event and/or fail to report at the designated times and places during the $100 Million Event will result in forfeiture of the opportunity to participate in the $100 Million Event and forfeiture of chance to play for the One Hundred Million Dollar Prize. Sponsor's sole obligation for any prize that may be awarded at the $100 Million Event will be to the team. Sponsor shall have no liability to any partners with respect to any claims based on decisions/selections made by the other partner in connection with the $100 Million Event or otherwise.
PARTICIPATION AT THE $100 MILLION EVENT: At the $100 Million Event, there will be three (3) teams participating. Each team consists two (2) partners for a total of six (6) participants. Each team will be playing for a chance to win ONE (1) prize consisting of One Hundred Million Dollars ($100,000,000). Each participant will be required to select one (1) sealed envelope from one hundred fifty (150) total sealed envelopes at a designated time during the $100 Million Event. Sponsor will randomly determine the order in which the six (6) participants select his/her sealed envelope. Inside one (1) of the total sealed envelopes will be the right half of a HERSHEY'S KISSES chocolate-shaped game piece and inside one (1) of the total sealed envelopes will be the left half of a HERSHEY'S KISSES chocolate-shaped game piece. If the two (2) partners match both the right half and the left half of the HERSHEY'S KISSES chocolate-shaped game pieces, that team is deemed "Event Winners/Event Winning Team" and that team will equally share the One Hundred Million Dollar Prize. The One Hundred Million Dollar Prize will be awarded only if the winning criteria set forth in the immediately preceding sentence is achieved; otherwise, the One Hundred Million Dollar Prize will not be awarded and neither Sponsor and Promotion Parties nor Sponsor's insurer shall have any liability to award the One Hundred Million Dollar Prize under any circumstance. Sponsor may, in its sole discretion, disqualify any participant or team at any time for any actual or attempted fraudulent activity or for failure to comply with the rules or procedures relating to the $100 Million Event. The determination of any Event Winners and the awarding of any prize is subject to verification by a Judge present at the $100 Million Event and subject to verification by insurer (which may occur after conclusion of the $100 Million Event) as defined below. Any disputes regarding whether the One Hundred Million Dollar Prize was validly won will be resolved by such Judge, whose decisions, including any interpretation of the Official Event Rules, shall be final, conclusive and binding subject to agreement by insurer. The Judge's decisions shall be made strictly in accordance with the Official Event Rules and any other rules and procedures put in place for the $100 Million Event. Assuming three (3) teams participate at the $100 Million Event, then the odds of a team winning the One Hundred Million Dollar Prize are 1 in 11,175. In no event shall Sponsor and its insurer be responsible for awarding more than one (1) One Hundred Million Dollar Prize. In the event that production, seeding, printing or any other reasons cause more than one (1) One Hundred Million Dollar Prize to be available and/or legitimately claimed, Sponsor reserves right to award only one (1) One Hundred Million Dollar prize via a random drawing of all purportedly eligible prize claimants. In the event Sponsor is unable to award all three (3) Grand Prizes prior to the $100 Million Event, or if any team fails to appear at the $100 Million Event, the $100 Million Event may include fewer than three (3) groups. Only one (1) One Hundred Million Dollar Prize is available to be won at the $100 Million Event.
FORM OF PAYMENT: If there are Event Winners of the One Hundred Million Dollar Prize in the manner described in above, each partner of the Event Winning team will have the option to receive his/her share of the One Hundred Million Dollar Prize in the form of either: (a) an annuity as described below, or (b) a one-time payout of a cash prize of Twelve Million Dollar Prize ($12,000,000) in lieu of the annuity. If a partner selects the annuity, that partner will receive a Fifty Million Dollar Prize ($50,000,000) to be paid over 40 years pursuant to the following payment schedule: $375,000 for each of years 1 through 40 and a lump sum payment of $35 million in year 41. Sponsor's sole responsibility is to pay cash prizes in equal amounts to each partner of a winning team and in accordance with each partner's respective payment option. Sponsor's payment obligation shall not be affected by any agreements between partners. Each partner (regardless of whether a partner is playing on the other partner's behalf) will be solely liable for any and all federal, state, local and other taxes associated with any prize(s) he/she wins. Sponsor makes no representations regarding any tax or legal liabilities associated with such prize(s). Event Winners are advised to seek counsel regarding tax and legal liabilities associated with such prize(s).
WINNERS' NAMES: For the names of major prize winners, print your name and complete address on a 3"x5" card and mail in a first class-stamped envelope to: HERSHEY'S KISS SOMEONE Share, Match and you could Win! Winner's List, P.O. Box 3511, Young America, MN 55558-3511 by 11/5/07.
SPONSOR: The Hershey Company, 100 Crystal A Drive, Hershey, PA.
©2007 The Hershey Company.
