PAYDAY EVERY DAY INSTANT-WIN GAME
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO PLAY OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THE 2017 PAYDAY EVERY DAY INSTANT-WIN GAME ("GAME") IS ONLY OPEN TO LEGAL RESIDENTS OF THE UNITED STATES RESIDING IN THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA, WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF PLAYING. VOID IN PUERTO RICO AND WHERE PROHIBITED.
1. GAME TIMING: The Game begins at 12:00:00 p.m. Eastern Daylight Time ("EDT") on June 26, 2017 and ends at 11:59:59 p.m. EDT on August 9, 2017 ("Game Period"). Each day of the Game Period represents a daily play period (each a "Day"). A "Day" is defined as the 24-hour period between 12:00:00 a.m. EDT and the following 11:59:59 p.m. EDT except for the first day which begins at 12:00:00 p.m. EDT.
2. HOW TO PLAY: NO PURCHASE NECESSARY TO PARTICIPATE IN GAME. During the Game Period, you may play for a chance to win a Daily Prize in one of the following manners: (a) Text Message: Use your SMS-enabled mobile phone to text PAYDAY to short code 50563 ("Short Code") for a chance to win a Daily Prize (a "Play"). Participants may receive up to seven (7) reply messages per Play from or on behalf of The Hershey Company ("Sponsor"). By texting PAYDAY to the Short Code, you authorize Sponsor to send up to seven (7) reply messages to the number you provide by autodialer. Consent is not a condition of entry. Your text is your electronic signature agreeing to these terms and to giving electronic written consent. 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. 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 submitting a Play. If you receive a reply text message stating you are a winner, you win a Daily Prize (subject to verification). If you receive a non-winning message via reply text message, you did not win a Daily Prize. A participant may, at any time, choose to not receive further text messages by sending an opt-out text message stating "STOP" to the Short Code. If a participant sends an opt-out text message, he/she will be sent a reply text message, which will confirm that he/she has been unsubscribed and will receive no further text messages. For help, text the word "HELP" to the Short Code. (b) Call Toll Free: During the Game Period, call toll-free 1-866-999-2644, and follow the automated instructions to play for a chance to win a Daily Prize (also a "Play"). Callers will be required to provide their phone number, including their area code, and date of birth (as two digits for month, two digits for day, and four digits for year) to verify eligibility. All calls must be made from a phone number with an area code within the United States or the District of Columbia. If you are a Daily Prize winner, you will hear a voice message indicating that you have won (subject to verification). The message will also provide next steps on how to claim your Daily Prize. If you are not a winner of a Daily Prize, you will hear a voice message indicating that you did not win a prize.
One (1) randomly-selected time each Day, 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 Daily Prize (subject to verification). See Section 6 for additional details on claiming your prize. Plays must be received by 11:59:59 p.m. EDT on August 9, 2017 to be eligible to win. Limit one (1) Play per person/phone number/address per Day, regardless of method of Play. Any attempt by any person to obtain more than the stated number of Plays by using multiple addresses, phone numbers, identities 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. All entry information becomes the property of the Sponsor.
3. PRIZES: Forty five (45) Daily Prizes (awarded one (1) per Day throughout the Game Period) will be awarded. Each winner will receive a $300.00 MasterCard® Prepaid Gift Card. Gift Cards are subject to terms and conditions as set by issuer. Approximate Retail Value ("ARV"): $300.00 each. Total ARV of all prizes offered is $13,500.00. Limit one (1) Daily Prize per person/phone number/address. ALL UNCLAIMED OR FORFEITED 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 per Day. If a prize offered becomes unavailable for any reason, Sponsor reserves the right to provide an alternate prize of equal or greater value. If more winners are announced than are available to be won, a random drawing will be conducted from among all eligible prize claims to award advertised number of prizes.
4. ELIGIBILITY: Game open only to legal residents of the United States residing in the 50 United States or the District of Columbia, who are 18 years of age or older as of the date of playing. Employees, officers and directors of The Hershey Company ("Sponsor"), Young America LLC ("Administrator"), 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. GENERAL TERMS: No substitution of prize is offered, no transfer of prize to a third party is permitted, and non-cash portions of a 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. 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. Each winner’s first name, last initial, city 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 participation, agree to be bound by these Official Rules and the decisions of the Sponsor and Administrator.
6. WINNER NOTIFICATION: If a potential winner participated via "Text Message", he/she will be notified instantly via a reply text message at the mobile number provided at the time of playing and will receive a text message with instructions on how to claim his/her prize; he/she must provide his/her name, mailing address and/or email address within seventy-two (72) hours to claim prize or prize may be forfeited. If a potential winner participated via "Call Toll Free," he/she will be notified instantly with a voice message indicating that he/she is a winner and providing instructions on how to claim his/her prize, which will require the potential winner to provide his/her name and mailing address at the time of the call, or prize will be forfeited. Sponsor is not responsible for suspended or discontinued wireless service or a change in mailing address 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 and an alternate winner may be selected. If winner is a minor, prize will be awarded to the winner’s parent or legal guardian. Allow 6-8 weeks for delivery of prize following completion of verification process. Prizes will only be delivered to addresses (no P.O. Boxes) within the United States.
7. CONDITIONS: All participants, as a condition of playing 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 winners shall bear all risk of loss or damage to their prize after it has been delivered. 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 award only the stated number of prizes.
8. LIMITATIONS OF LIABILITY: Sponsor and Promotion Parties assume no responsibility for: (a) lost, illegible, late, misdirected, incomplete, non-delivered text messages or phone calls or Plays; or for interrupted or unavailable satellite, network, server, Internet Service Provider, 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 a Play or other information or the failure to capture, or loss of, any such information; and (b) any incorrect or inaccurate information, whether caused by a participant, 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 Game equipment; and (c) any other unforeseeable events. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with submission process or operation of the Game, 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 or mobile phone related to or resulting from participating in this Game. 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 the 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 a phone number by a wireless service carrier or other organization that is responsible for assigning phone numbers. It is solely the responsibility of the participant to notify Sponsor in writing if the participant changes his or her phone number or mailing address during the Game Period.
CAUTION: ANY ATTEMPT BY PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY 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.
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 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 9 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. WINNERS' NAMES: For the first name, last initial, city and state of the winners, mail in a self-addressed, first-class, stamped envelope to: 2017 PayDay Every Day Instant-Win Game Winner’s List,10 South 5th Street-7th Floor, Dept. 597-780, Minneapolis, MN 55402 by September 11, 2017.
12. SPONSOR: The Hershey Company, 100 Crystal A Drive, Hershey, PA, 17033.
13. ADMINISTRATOR: Young America LLC, 10 South 5th Street-7th Floor, Minneapolis, MN 55402.
MasterCard® and its member financial institutions are neither sponsors of nor affiliated with this promotion. Accounts are issued by Citibank, N.A. pursuant to a license from MasterCard International and managed by Citi Prepaid Services. Accounts will not have cash access and can be used everywhere MasterCard debit cards are accepted online.