Reese's Racing: Promotion – Sweepstakes: Official Rules

REESE’S® “ARE YOU THE PERFECT FAN” SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. SWEEPSTAKES ENTRY PERIOD BEGINS ON JANUARY 1, 2009 AT 12:00:01 A.M. EASTERN TIME (“ET”) AND ENDS MARCH 31, 2009 AT 11:59:59 P.M. ET (THE “SWEEPSTAKES PERIOD”). SWEEPSTAKES ONLY OPEN TO LEGAL U.S. RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 21 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. VOID IN PUERTO RICO AND WHERE PROHIBITED.

1. HOW TO ENTER: NO PURCHASE NECESSARY TO PARTICIPATE IN SWEEPSTAKES. There are two (2) ways to enter. PHONE: Beginning at 12:00:01 ET on January 1, 2009 and continuing through March 31, 2009, call toll free, 1-877-PRFCT29 (877-773-2829) from your phone and follow the automated instructions to enter. Phone lines will be open twenty-four (24) hours per days/7 days per week. Callers will be required to provide their full name, complete address, city, state, zip code, home phone number, date of birth and in 30 words or less, tell us why you are the “perfect Kevin Harvick fan” (statement is optional). In the event of an identity dispute, entry will be considered made by the registered owner of the phone number used for entry. INTERNET: Visit www.reesesracing.com (the "Web Site") during the Sweepstakes Period and click on the icon, banner or text link to access the Sweepstakes entry page. Follow the online instructions to complete the Official Online Entry Form including the option in 30 words or less to state why you are “the perfect Kevin Harvick fan” (optional) and submit as instructed to register for sweepstakes. Online entries must be received by no later than 11:59 p.m. ET on March 31, 2009 to be eligible to win. The Hershey Company’s (“Sponsor”) computer is the official time keeping device for this sweepstakes. Any attempt to submit more than the maximum number of entries (see below) using multiple/different email addresses, identities or any other methods may void that participant’s entry. Entries generated by a robotic, programmed, script, macro or other automated means will be disqualified. Limit one (1) phone and one (1) internet entry per person/home phone number/email address per calendar day. Statements will not be judged; winners will be selected at random, per section 3 below. No other forms of entry are valid other than those set forth above. All entry information becomes the property of the Sponsor. No responsibility is assumed by Sponsor for late, incomplete, incomprehensible or misdirected entries. Entries including inappropriate content will be disqualified. Submission of entry grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify entrant’s statement in any way, in any and all media, without limitation, and without further consideration to the entrant.

2. PRIZES: One (1) Grand Prize. The Grand Prize consists of a trip for winner and three (3) guests (each of whom must be 21 years of age or older) to attend professional stock car races in Charlotte , North Carolina . Prize includes round-trip coach class air transportation for four (4) people from a major airport nearest winner’s home within the U.S. to Charlotte, North Carolina (airport and carrier to be selected by Sponsor in its sole discretion), accommodations for winner and guests for three (3) nights in a standard RV, tour of the RCR Shop and Richard Childress Vineyards, four (4) passes to attend the races and $500 spending allowance (awarded in the form of a check). Winner and guests must travel on the same flight itinerary and comply with all security requirements. Winner and guests 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 . Winner and guests must travel on dates specified by Sponsor and winner must accept prize as stated or prize will be forfeited in its entirety and may be awarded to an alternate winner. Race is currently scheduled to occur in October 2009 but is subject to change. Selection of airport, airline, event seating assignments, and travel dates are at Sponsor’s sole discretion. Sponsor assumes no responsibility for cancelled, delayed, suspended or rescheduled events (including airline flights) beyond its control. All other expenses not specifically mentioned herein are solely the responsibility of winner and guests. All travel and accommodations are subject to availability, change and restrictions. Approximate Retail Value (ARV): up to $7,500.00. Actual value of trip prize depends on point of departure and airfare fluctuations. Any difference between the estimate ARV and the actual value will not be awarded. (1,000) One Thousand First Prizes: a REESE’S® Peanut Butter Cup Foam Head. ARV: $50.00 each. Limit one (1) prize per person, address and/or household. Odds of winning a prize depend upon the number of entries received. Total ARV of all the prizes is approximately $57,500.00.

3. DRAWING: Winners will be selected in a random drawing from among all eligible entries received. Drawing will be conducted on or about April 8, 2009 by an independent judging agency whose decisions are final and binding.

4. ELIGIBILITY: Sweepstakes open only to legal residents of the 50 United States and the District of Columbia who are 21 years of age or older as of the date of entry. Employees, officers and directors of Sponsor, RCR Enterprises, LLC, Kevin Harvick, Inc., and all of their respective parents, 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.

5. 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). Prize winner will be solely responsible for all applicable federal, state and local taxes on prize. Winners may be issued an IRS Form 1099 for the retail value of the prize, as required by law. All other expenses on the receipt and use of the prize not specifically mentioned herein are solely the responsibility of the winner. Any portion of a prize not accepted by winner will be forfeited. A winner’s first initial, last name, hometown and state will be disclosed on a 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 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.

6. WINNER NOTIFICATION: Potential winners will be notified by mail or phone at the address or phone number provided at the time of entry. If a winner notification is returned as undeliverable without a forwarding address or if a winner is found to be ineligible or otherwise not in compliance with these Official Rules, prize will result in forfeiture and an alternate winner may be selected. Grand Prize winner and guests will be required to sign and return an Affidavit of Eligibility/Liability & Travel Release 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. If applicable, allow 4-6 weeks for delivery of prize following completion of notification process. Prize will only be delivered to addresses within the United States .

7. CONDITIONS: All entrants, as a condition of entry into the Sweepstakes, 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. 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.

8. LIMITATIONS OF LIABILITY: Sponsor assumes no responsibility for a) lost,

illegible, late, misdirected, incomplete, mutilated, postage-due or non-delivered mail, entries 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 Sweepstakes; 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 Sweepstakes 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 participants’ or any other person’s computer related to or resulting from participating in this Sweepstakes or downloading or copying materials from or use of Web site. If, for any reason, Sweepstakes, 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 Sweepstakes, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend Sweepstakes, and determine winner from Internet entries 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 enter at actual time of entry will be deemed to be the participant, and must comply with these Official Rules. The authorized account subscriber is deemed to be natural person who is assigned an e-mail address by an Internet Access Provider, on-line service provider, or other organization that is responsible for assigning e-mail addresses. It is solely the responsibility of the entrant to notify Sponsor in writing if the entrant changes his or her e-mail address during the Sweepstakes 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 SWEEPSTAKES 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.

9. 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 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

10. WINNERS’ LIST: For the names of the winners, send a self-addressed, first class-stamped envelope to: REESE’S® “Are You The Perfect Fan” Sweepstakes, Dept. 6961-717, P.O. Box 3450, Young America, MN 55558-3450 by April 30, 2009.

11. SPONSOR: The Hershey Company, 100 Crystal A Drive , Hershey , PA.

The stylized no. 29 and the RCR checkered flag logo are registered trademarks of RCR Enterprises, LLC. The name, likeness, signature of Kevin Harvick and the Kevin Harvick, Incorporated, logo are registered trademarks of Kevin Harvick, Incorporated, and are used under license from Kevin Harvick, Incorporated. All trademarks and the likeness of the no. 29 race car are used under license from their owners.