KitKat

Check out the picture above!

KIT KAT® BREAK TIME, ANYTIME™ INSTANT-WIN GAME (“GAME”)

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING (MESSAGE AND DATA RATES APPLY FOR TEXT ENTRIES).  GAME BEGINS AT 12:00:01 A.M. EASTERN TIME (“ET”) ON MARCH 15, 2011 AND ENDS AT 11:59:59 P.M. ET ON JUNE 14, 2011 (“GAME PERIOD”).  GAME ONLY OPEN TO LEGAL CITIZENS OF THE UNITED STATES RESIDING IN THE 50 UNITED STATES,  DISTRICT OF COLUMBIA OR PUERTO RICO, WHO ARE 18 YEARS OF AGE OR THE LEGAL AGE OF MAJORITY IN THE PLAYER’S STATE OR DISTRICT AT THE TIME OF PLAY.  VOID WHERE PROHIBITED.  

1.  HOW TO PLAY:  NO PURCHASE NECESSARY TO PARTICIPATE IN GAME.  There are two (2) ways to play.  (a) TEXT: Use your SMS-enabled mobile phone to text “Kit Kat” to short code 44144 to find out if you're a winner (a “Play”).  Participants must have a mobile phone with text messaging capabilities to play by text message.  Message and data rates may apply.  Check with your wireless service provider for details on these and other applicable charges.  You will receive reply messages.  Participants are solely responsible for any such wireless charges.  Not all wireless carriers participate.  Proof of Text Message does not constitute proof of delivery or Play. (b) INTERNET:  Visit www.kitkatusa.com (the "Web site"), during the Game Period, and click on the icon, banner or text link to access the Game entry page.  Enter your e-mail address during the Game Period and click on the indicated instant win area to find out if you’re a winner (also a “Play”).  Randomly selected times during the Game Period will be chosen by The Hershey Company (“Sponsor”), and the first entrant who completes a Play (whose Play is properly received and recorded by Sponsor's computer) on or immediately after a randomly selected time during the Game Period will win the stated  prize, subject to verification.  If you receive a message stating, CONGRATULATIONS YOU’RE A WINNER, you win the prize stated (subject to verification).  Non-winning messages will read, SORRY, YOU DIDN’T WIN TODAY.  TRY AGAIN TOMORROW.  If you win a prize, you will be notified instantly on-line, or via a reply text message (see Rule #5 for details) on how to claim your prize.  Prize must be claimed within 72 hours of notification or prize will be forfeited.  Non-winning entrants will not be contacted.  Plays must be received by Sponsor no later than 11:59:59 p.m. ET on June 14, 2011 to be eligible to win, regardless of Play method.  Limit one (1) Play per person/method of entry per day.  For the purpose of this Game, a “day” shall be defined as 12:00:00 a.m. ET to 11:59:59 p.m. ET.  Any attempt by any person to obtain more than the stated number of Plays by using multiple/different e-mail accounts or mobile phone numbers, or any other methods will void all of that person’s plays.  Sponsor’s computer is the official time keeping device for this Game.  Plays generated by a robotic, programmed, script, macro or other automated means will be disqualified.  No other forms of participation are valid other than those set forth above.  All entry information becomes the property of the Sponsor.   

2.  PRIZES:  Three (3) Grand Prizes.  Each Grand Prize consists of one (1) $500.00 Best Buy Gift Card.  Approximate retail value (“ARV”): $500.00 each.  Six (6) First Prizes.  Each First Prize consists of one (1) $250.00 Best Buy Gift Card.  ARV $250.00 each.  Nine (9) Second Prizes.  Each Second Prize consists of one (1) $100.00 Best Buy Gift Card.  ARV: $100.00 each.  Two thousand one hundred sixty six (2,166) Third Prizes.  Each Third Prize consists of one (1) $50 Best Buy Card.  ARV: $50.00 each.  Four thousand three hundred ninety eight (4,398) Fourth Prizes.  Each Fourth Prize is one (1) coupon good for a free [1.5 oz size] KIT KAT® Bar at participating retailers.  ARV: $1.09 each.  Total ARV of all prizes offered is $116,993.82.  Limit one (1) prize per person/email/postal address.  Best Buy Gift Cards are subject to terms and conditions set by issuer.  The difference between any stated value and actual value will not be awarded to winner.  ALL UNCLAIMED OR FORFEITED PRIZES WILL NOT BE AWARDED.  Odds of winning depend on the number of participants, the random time at which prize is available and on the time a particular entrant submits a Play.  If a prize offered becomes unavailable for any reason, Sponsor reserves the right to provide an alternate prize of equal or greater value. 

3.  ELIGIBILITY:  Game open only to legal citizens of the United States residing in the 50 United States, District of Columbia or Puerto Rico who are 18 years of age or older as of the date of Play.  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. 

4.  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 unless otherwise required by law.  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 winners will be forfeited.  Winners’ first initial, last name, hometown and state will be disclosed on Winners 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 entrants, as a condition of entry, agree to be bound by these Official Rules and the decisions of the judges.  The entry information provided is subject to the Privacy Policy on the above stated Web site. To read that Policy, access the Web site and then access the Privacy Policy. 

5.  WINNER NOTIFICATION:  Potential text winners will be notified by text, at the mobile number provided at the time of entry.  If a winner participated via text, he/she will receive a text message with instructions on how to claim their prize.  Text winners must provide name and address information within seventy-two (72) hours in order for the independent judging agency to capture winner’s name and address or prize will be forfeited.  Sponsor is not responsible for suspended or discontinued wireless service which may result in a potential winner not receiving initial prize notification.  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.  Prize winners may be required to sign and return an Affidavit of Eligibility/Liability with (where lawful) a Publicity Release within fourteen (14) days of attempted winner notification as indicated by the date on the Affidavit.  Failure to return any required documents within fourteen (14) days may result in prize forfeiture, and an alternate winner may be selected, in Sponsor’s sole discretion.  If winner of any prize is a minor, prize may be awarded to the winner’s parent or legal guardian.  If applicable, allow 6-8 weeks for shipment of prize following completion of notification process.  Prizes will only be delivered to addresses within the United States and Puerto Rico. 

6. CONDITIONS: All entrants, as a condition of participating in the Game, agree to release Sponsor, Promotion Parties and gift card prize source Best Buy Stores, L.P. and its affiliates 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 winners 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, winners grant 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.  No more than stated number of prizes will be awarded.  In the event that programming, production, seeding, printing or any other reasons cause more than stated number of prizes, set forth in these Official Rules, to be available and/or claimed in any prize category, Sponsor reserves right to award only the stated number of prizes through a random drawing of all non-suspect, eligible prize claims.

7. LIMITATIONS OF LIABILITY: Sponsor assumes no responsibility for: (a) lost, illegible, late, misdirected, incomplete, mutilated, or non-delivered mail, entries or email; or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Web site, mobile phone service, 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 Game; 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 Game 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 entrant's or any other person’s mobile phone or computer related to or resulting from participating in this Game or downloading or copying materials from or use of mobile phone or Web site.  If, for any reason, Game, 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 Game, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend Game, and determine winners from eligible, non-suspect Plays received prior to action taken, or as otherwise deemed fair and equitable by Sponsor.  In the case of a dispute, authorized subscriber of e-mail account or mobile phone used to play at actual time of Play will be deemed to be the entrant, and must comply with these Official Rules.  The authorized account subscriber is deemed to be natural person who is assigned an e-mail address or mobile phone number by an Internet Access Provider, wireless service carrier, on-line service provider, or other organization that is responsible for assigning e-mail addresses or mobile phone numbers.  It is solely the responsibility of the entrant to notify Sponsor in writing if the entrant changes his or her e-mail address or mobile phone number during the Game 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 GAME 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. 

8. DISPUTE RESOLUTION:  Except where prohibited, by participating, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant(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 entrant 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 entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located Dauphin County, Pennsylvania. 

9.  WINNERS’ NAMES:  For the first initial, last name, hometown and state of the major prize winners, mail in a self-addressed, first-class stamped envelope to:  KIT KAT® Break Time, Anytime ™ Instant-Win Game Winners List, Dept 6961-786, P.O. Box 3450, Young America, MN 55558-3450 by June 30, 2011.  

10.  SPONSOR: The Hershey Company, 100 Crystal A Drive, Hershey, PA, www.hersheys.com.  Best Buy is not affiliated with The Hershey Company, and does not endorse, co-sponsor or otherwise have responsibility for the operation of the Promotion. 

   © 2011 The Hershey Company.  BEST BUY and BEST BUY logo and the tag designs are trademarks of BBY Solutions, Inc.