ANDROID / KIT KAT® INSTANT WIN GAME
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. ANDROID / KIT KAT® INSTANT WIN GAME (“GAME”) BEGINS AT 12:00:00 PM (NOON) EASTERN DAYLIGHT TIME (“EDT”) ON SEPTEMBER 6, 2013 AND ENDS AT 11:59:59 AM EASTERN STANDARD TIME (“EST”) ON JANUARY 31, 2014 (“GAME PERIOD”). THIS GAME IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE OR LOCATED OUTSIDE THE UNITED STATES OR PUERTO RICO AT THE TIME OF ENTRY. 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 ENTRY. VOID WHERE PROHIBITED.
1. SWEEPSTAKES CODES: An official game code (“Game Code”) is required to participate in this Game. Look for a unique code printed on the inside of the wrapper of specially-marked KIT KAT® 1.5 oz. Bars available at participating stores (while supplies last). To request a free Game Code, send a 3”x5” card with your full name, address, city, state, zip code, date of birth and email address to: Android / KIT KAT® Instant Win Game Code Request, P.O. Box 760023, El Paso, TX 88576-0023. Game Code requests must be postmarked by January 31, 2014 and received by February 7, 2014. Game Codes will be emailed to the email address listed in the request. Limit one (1) free Game Code per request per separate postmarked outer envelope. No responsibility is assumed by The Hershey Company (“Sponsor”) for lost, late, illegible, incomplete, stolen, postage-due or misdirected mail. Requests become the property of the Sponsor, and none will be returned. No mechanical reproductions of entries allowed.
2. HOW TO PLAY: Visit www.android.com/kitkat (“Web site”), during the Game Period, and click on the icon, banner or text link to access the Game page. Enter your Game Code (exactly as it appears on the package or Game Code Request received via email). Once Game Code is entered, complete the registration process providing all required information to determine instantly if you're a winner (a “Play”). Prizes will be randomly seeded during randomly selected times during the Game Period, will be chosen by 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 (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 are a potential winner of a prize, you will be notified instantly on-line. Plays must be received by no later 11:59:59 a.m. ET on January 31, 2014 if they are used from Game Codes obtained by purchase to be eligible to win. All Plays must be received no later than 11:59:59 a.m. on February 15, 2014, regardless of the method of receiving a Game Code. Limit one (1) Play per Game Code per name/e-mail address per day, regardless of the method you obtained the Game Code. For the purpose of this Game, a “day” shall be defined as 12:00:00 a.m. EST to the following 11:59:59 p.m. EST except for the first and last day of this Game. 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 form of playing is valid other than as set forth above. Google Play promotional credit offer ends on January 31, 2014. Winning promotional credit will be redeemable for 30 days after the offer ends. Promotional credits will be valid to spend on Google Play for 12 months after the date of redemption.
3. PRIZES/ODDS: One Thousand (1,000) Grand Prizes. Each Grand Prize winner will receive one (1) Nexus™ 7 Tablet. Approximate retail value (ARV): $229.00 each. One Hundred Fifty Thousand (150,000) First Prizes. Each First Prize winner will receive one (1) $5.00 promotional credit for Google Play™. ARV: $5.00 each. Twenty Thousand (20,000) Second Prizes. Each Second Prize winner will receive one (1) coupon good for a KIT KAT® Minis Product Sample. ARV: $3.79 each. Total ARV of all prizes offered is $1,024,800.00. Limit one (1) prize per name, address, email and/or household. The difference between any stated value and actual value will not be awarded to winner. If a prize offered becomes unavailable for any reason, Sponsor and Promotion Parties reserve the right to provide an alternate prize of equal or greater value. Odds of winning depend on the number of eligible Plays received and the order in which such Plays are received. Unclaimed prizes will not be awarded. KitKat coupons are subject to the terms and conditions listed thereon. Google Play promotional credits are subject to the terms and conditions at www.play.google.com.
4. ELIGIBILITY: Game open only to legal residents of the 50 United States, District of Columbia or Puerto Rico who are 18 years of age or older as of the date of entry. Employees, officers and directors of Sponsor, Google 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, (unless at the sole discretion of Sponsor). Mail received without a verifiable and legible email address may not be accepted at Sponsor's sole discretion. Void wherever prohibited or restricted by law. Prize winner(s) will be solely responsible for all applicable federal, state and local taxes on prize unless otherwise 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(s). Any portion of a prize not accepted by winner(s) will be forfeited. Winner’s first name, last initial, 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 entrants agree as a condition of entry to be bound by these Official Rules and the decisions of Sponsor and its authorized judging agencies (the “Judges”) whose decisions in all aspects of this promotion shall be final.
6. WINNER NOTIFICATION: Potential winners will be notified instantly online with instructions on how to claim their prize. 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 may be forfeited. If winner of any prize is a minor, prize will be awarded to the winner’s parent or legal guardian. Allow 6-8 weeks for shipment of prize following completion of notification and verification process. Prize will only be delivered to addresses within the United States or Puerto Rico.
7. CONDITIONS: All entrants, 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. The winner shall bear all risk of loss or damage to their prize after it has been shipped. Sponsor and Promotion Parties make no representations or warranties of any kind concerning the appearance, safety or performance of any prize. Except 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.
9. 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.
10. 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 or Promotion Parties 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 the Binding Arbitration Section 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.
11. WINNER’S NAME: For the first name, last initial, hometown and state of the Prize winners, mail in a self-addressed, first class-stamped envelope to: Android / KIT KAT® Instant Win Game Winners List Request, P.O. Box 3000, Dept. 597-722, Young America, MN 55558 by February 29, 2014.
SPONSOR: The Hershey Company, 100 Crystal A Drive, Hershey, PA 17033.
©2013 The Hershey Company.