NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. HERSHEY’S® SUMMER 2013 GAS INSTANT-WIN GAME (“GAME”) BEGINS AT 12:00:00 P.M. EASTERN DAYLIGHT TIME (“EDT”) ON JULY 1, 2013 AND ENDS AT 11:59:59 A.M. EDT ON AUGUST 10, 2013 (“GAME PERIOD”). GAME ONLY OPEN TO LEGAL RESIDENTS OF THE UNITED STATES RESIDING IN THE 50 UNITED STATES, DISTRICT OF COLUMBIA OR PUERTO RICO, WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF PLAYING. VOID WHERE PROHIBITED.
1. HOW TO PLAY: NO PURCHASE NECESSARY TO PARTICIPATE IN GAME. There are two (2) ways to play. During the Game Period, you may play for a chance to win a prize in one of the following manners: (a) Text Message: Use your SMS-enabled mobile phone to text HERSHEY to shortcode “44144” for a chance to win a prize (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 may 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.hersheys.com/gasgiveaway (the "Web site") and click on the icon, banner or text link to access the Game page. Enter your e-mail address and click on indicated instant win area to find out if you’re a winner (also a “Play”). A randomly selected time each hour of each day during the Game Period, will be chosen by The Hershey Company (“Sponsor”), and the first participant who completes a Play (whose Play is properly received and recorded by Sponsor's computer) on or immediately after the randomly selected time will win a prize. 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). Non-winning participants will not be contacted. Plays must be received by 11:59:59 a.m. EDT on August 10, 2013 to be eligible to win. Prizes will be awarded at a rate of one (1) prize per hour. Limit one (1) Play per name/text message/mobile phone/e-mail address/address per day, regardless of method of Play. For the purpose of this Game, a “day” shall be defined as 12:00:00 a.m. EDT to the following 11:59:59 p.m. EDT with the exception of the first day of the Game Period which shall be defined as 12:00:00 p.m. EDT to the following 11:59:59 p.m. EDT and the last day of the Game Period which shall be defined as 12:00:00 a.m. EDT to the following 11:59:59 a.m. EDT. Any attempt by any person to obtain more than the stated number of Plays by using multiple/different e-mail accounts, 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 Play are valid other than those set forth above.
2. PRIZES: Nine Hundred Sixty (960) Prizes; awarded one (1) per hour throughout the entire Game Period. Each prize consists of one (1) $75.00 Visa® Gift Card. Approximate Retail Value (“ARV”): $75.00 each. Total ARV of all prizes offered is $72,000.00. Gift cards are subject to the terms and conditions set by issuer. Limit one (1) prize per household/person/e-mail address. The difference between any stated value and actual value will not be awarded to winner. UNCLAIMED PRIZES WILL NOT BE AWARDED. Odds of winning depend on the number of eligible Plays received and the order in which such Plays are received. 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 residents of the United States residing in the 50 United States, District of Columbia or Puerto Rico, who are 18 years of age or older at the time of playing. 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.
5. WINNER NOTIFICATION: Potential winners will be notified instantly on-line or via a reply text message at the mobile number provided at the time of playing. Potential winners who participated via text must provide their name and mailing address information within seventy-two (72) hours in order for the independent judging agency to capture winner’s name and address or prize may be forfeited. Each potential winner is subject to verification. Failure to comply with any prize-claim instructions may result in prize forfeiture. Sponsor is not responsible for suspended or discontinued wireless or on-line service which may result in a potential winner not receiving initial prize notification. If winner notification or prize 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 may be forfeited. If winner of any prize is won by an eligible participant who is a minor in his/her state of residence, prize may be awarded to the winner’s parent or legal guardian. Allow six (6) to eight (8) weeks for shipment of prize following completion of verification process. Prizes will only be delivered to addresses within the United States or Puerto Rico.
6. CONDITIONS: All participants, as a condition of participating 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 for any typographical or other error in these Official Rules or the announcement of offering of any prize. The winner 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 a 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, Sponsor reserves right to conduct a random drawing to award only the stated number of prizes. Liability for a defective Game Play is limited to replacement with another during the Game Period.
7. LIMITATIONS OF LIABILITY: Sponsor assumes no responsibility for: (a) lost, illegible, late, misdirected, incomplete, mutilated, or non-delivered mail, Plays 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; 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; and (c) any other unforeseeable events. 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 participants’ or any other person’s computer or mobile phone related to or resulting from participating in this Game or downloading or copying materials from or use of or 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 randomly determine winners from all eligible, non-suspect Plays received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. In case of dispute as to Plays submitted, authorized subscriber of e-mail account or mobile phone number used to play at actual time the Play was made 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 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 participant to notify Sponsor in writing if the participant changes his or her e-mail address or mobile phone number during the Game Period.
CAUTION: ANY ATTEMPT BY A USER OR PARTICIPANT 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. BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Game shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Pennsylvania law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS GAME IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THIS GAME, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GAME, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY PARTICIPANT.
9. GOVERNING LAW & JURISDICTION: These Official Rules and the Game are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Game Official Rules, or the rights and obligations of participant and Sponsor in connection with the Game, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 8 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the Commonwealth of Pennsylvania, in the County of Dauphin.
10. WINNERS' NAMES: For the first name, last initial, hometown and state of the winners, mail in a self-addressed, first-class stamped envelope to: HERSHEY'S® Summer 2013 Gas Instant-Win Game Winner's List , P.O. Box 3000, Dept. 597-711, Young America, MN 55558-3000, by September 16, 2013.
11. SPONSOR: The Hershey Company, 100 Crystal A Drive, Hershey, PA, www.hersheys.com/gasgiveaway.
© 2013 The Hershey Company.
Visa and its member financial institutions have not sponsored or offered this promotion in any way. The Visa Gift Card is issued by MetaBank, Member FDIC, pursuant to a license from Visa U.S.A. Inc.
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