REESE’S “OUTRAGEOUS ACTS CONTEST”
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. CONTEST BEGINS 5/18/18 AT 12:00:01 AM ET AND ENDS 6/1/18 AT 11:59:59 PM ET, “CONTEST PERIOD.” CONTEST 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 ENTRY. VOID WHERE PROHIBITED.
1. HOW TO ENTER: NO PURCHASE NECESSARY TO PARTICIPATE IN CONTEST. During the Contest Period, an eligible entrant may enter in any of the following manners:
Entries will be judged as set forth in Section 3 below. An entrant cannot submit the same Submission more than once during the Contest Period. Limit one Entry per user per platform/ per entire Contest Period. The computer of PrizeLogic LLC (“Administrator”) is the official time keeping device for this Contest. Proof of submitting an Entry as indicated above does not constitute proof of delivery of Entry. Any attempt to submit more than the maximum number of Entries using multiple/different e-mail addresses, social media accounts, identities or any other methods may void that entrant’s Entries. Entries generated by a robotic, programmed, script, macro or other automated means will be disqualified. No other forms of entry are valid other than those set forth above. All Entry information becomes the property of The Hershey Company (“Sponsor”).
Data rates may apply if entering with a mobile phone or other Web-enabled device. Check with your wireless service provider for details on these and any other applicable charges. Entrants are solely responsible for any such wireless charges. If the Entry does not comply with these Official Rules, including the Entry Guidelines in Section 2, the Administrator will have the right to reject the Entry.
By submitting an Entry, you agree that the Entry conforms to these Official Rules and the Entry Guidelines as defined in Section 2 and that Sponsor, in its sole discretion, may remove your Entry and disqualify you from the Contest if it believes that your Entry fails to conform to the Entry Guidelines of this Contest.
2. ENTRY GUIDELINES: By entering, you acknowledge that your Entry may be posted
across any or all of Sponsor’s digital and social media assets, in Sponsor’s sole discretion, and that Sponsor has no obligation to use or post any Entry you submit. Submission of an Entry grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the Entry in any way, in any and all media, without limitation, and without consideration to the entrant. By entering, you acknowledge that Sponsor has no obligation to use or post an Entry you submit. Entry:
- must be uploaded in the format specified, if any, and must comply with the posting requirements set forth above and as posted on the Instagram and/or Twitter;
- cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity or any materially dangerous activity;
- cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- cannot be obscene or offensive, or endorse any form of hate or hate group;
- cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
- cannot infringe trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses;
- cannot infringe copyrighted materials owned by others (including photographs, sculptures, paintings, and other work of art or images published on or in websites, television, movies or other media) without permission; Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant (except copyrighted materials owned by Sponsor) is grounds for disqualification from the Contest. Do not copy your favorite movie, book, or photograph or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your Entry and grant the rights herein granted to Sponsor;
- cannot contain any background artwork unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in Entries must be created solely by the entrant or entrant must be the sole owner of all copyright interest therein;
- cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
- cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
- cannot depict, and cannot itself, be in violation of any law.
ENTRIES POSTED TO INSTAGRAM AND/OR TWITTER WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligations to entrant. Sponsor reserves the right, in its reasonable discretion, to waive the Contest Entry Requirements set forth herein and during or upon completion of the Contest Period, to request that any entrant resubmit his or her Entry which fails to comply with the Contest Entry Requirements prior to winner selection. By submitting your Entry, you agree that your Entry is gratuitous and made without restriction and will not place Sponsor under any obligation, that Sponsor is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the Entry without any additional compensation to entrant, and that Entry conforms to the Entry Requirements set forth herein. Entrant acknowledges that, by acceptance of an Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than the entrant. By submitting an Entry, you warrant and represent that the Entry: (i) is your original work; (ii) has not been previously published; (iii) has not won previous awards; (iv) does not infringe upon the copyrights, trademarks, rights of privacy, publicity, or other intellectual property or other rights of any person or entity; (v) that you have obtained permission from a person whose name, likeness or voice is used in the Entry and (vi) that the publication of the Entry via various media including web posting, will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless, Sponsor, Promotion Parties, Twitter, Inc. and Instagram (“Releasees”) from any claims to the contrary. Any entrant whose work includes the likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Entry, upon request, prior to award of prize.
3. CONTEST JUDGING – WINNER DETERMINATION: Eligible Entries will be judged by an independent judging agency, whose decisions are final and binding in all matters relating to this Contest. Entries will be judged on the following criteria (“Judging Criteria”): (a) 33% Originality; (b) 33% Visual appeal; (c) 34% Outrageous Love of the Reese’s brand. The Entry receiving the highest cumulative score for all criteria awarded by the judges will be deemed the potential grand prize winner (“Grand Prize Winner”). In case of a tie, the Entry receiving the highest score from the judges for “Originality” will be deemed the potential Grand Prize Winner. If tie continues, then tie(s) will be broken by the Entry receiving the highest score in the second criteria, continuing thereafter to the next criteria until the tie is broken. If tie continues, the judges will re-score the tied Entries to determine the Grand Prize Winner. In no event will there be more than one Grand Prize Winner. Grand Prize Winner to be determined on or about June 11, 2018.
In addition to the Grand Prize Winner, the first 100 entrants to submit an eligible Entry will be deemed a potential first prize winner of a first prize as outlined in Section 4 below (each a “First Prize Winner”).
All winners are considered potential winners subject to verification of eligibility and compliance with these Official Rules.
4. PRIZES: The following prizes will be awarded in this Contest:
(a) Grand Prize: one grand prize (“Grand Prize”) awarded to the Grand Prize Winner. The Grand Prize consists of $10,000 in the form of a check made out to the Grand Prize Winner and one-year supply of Reese’s Outrageous. The one-year supply of Reese’s Outrageous will be awarded in the form of 324 Reese’s Outrageous bars with an approximate retail value (“ARV”) of $353.16. The total ARV of the Grand Prize is $10,353.16.
(b) First Prize: 100 first prizes (“First Prize”) will be awarded, with one First Prize to each of the First Prize Winners. Each First Prize consists of a box of 18 Reese’s Outrageous bars. ARV of each First Prize is $19.62.
Total ARV of all prizes offered in this Contest is $12,315.16. Limit one First Prize per name, address and/or household. ALL UNCLAIMED OR FORFEITED PRIZES WILL NOT BE AWARDED. Odds of winning the Grand Prize depend upon the number of Entries received and the quality of the Entries. Odds of winning a First Prize depend upon the timing of the submission of Entries, with the first 100 eligible Entries received by Sponsor to receive the First Prize on a first come, first served basis. If a prize offered becomes unavailable for any reason, Sponsor reserves the right to provide an alternate prize of equal or greater value.
5. ELIGIBILITY: Contest open only to legal residents of the United States residing in the 50 United States and the District of Columbia who are 18 years of age or older as of the date of entry. Employees, officers and directors of Sponsor, Administrator, Ketchum, 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.
7. WINNER NOTIFICATION: Potential winners will be notified in one of the following manners:
(a) Instagram: Sponsor will comment on the Entry submission and request potential winner’s email address. Email address must be provided within 72 hours of notification. Sponsor or Administrator will then contact potential winner via email to verify identity and contact information. Potential winners must provide the requested information within 72 hours or prize may be forfeited.
(b) Twitter: Sponsor will direct message potential winners and request potential winner’s email address. Potential winner’s Twitter account must allow for direct messaging or prize will be forfeited. Email address must be provided within 72 hours of notification. Sponsor or Sponsor’s agency partner will then contact potential winner via email to verify identity and contact information. Potential winners must provide the requested information within 72 hours or prize may be forfeited.
Sponsor is not responsible for any change in entrant’s email, Twitter or Instagram account information. If notification is returned as undeliverable or if a winner is found to be ineligible or otherwise not in compliance with these Official Rules, prize may be forfeited. Grand Prize Winner will be required to sign and return an Affidavit of Eligibility/Liability & Travel Release (if applicable) with (where lawful) a Publicity Release within seven days of attempted winner notification as indicated by the date on the Affidavit. Failure to return any required documents within seven days may result in prize forfeiture. Allow 6-8 weeks for delivery of prize following completion of notification process. Prizes will only be delivered to addresses within the United States.
8. CONDITIONS: All entrants, as a condition of entry into the Contest, agree to release Releasees 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 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.
9. LIMITATIONS OF LIABILITY: The Releasees assume no responsibility for: (a) lost, illegible, late, misdirected, delayed or incomplete Entries, posts, Tweets, comments or emails; 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 Contest; 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 Contest 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 entrants’ or any other person’s computer related to or resulting from participating in this Contest or downloading or copying materials from or use of Web site. If, for any reason, Contest, 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 Contest, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend Contest, and determine winner from Internet entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. In case of dispute, the authorized account holder of the Twitter and/or Instagram account used to enter the Contest 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 the particular social media account by the social media platform operator. Sponsor is not responsible for any change of social media account information, email address, mailing address and/or telephone number of entrants and it is solely the responsibility of the entrant to notify Sponsor in writing if the entrant changes his or her social media account or email address during the Contest 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 CONTEST 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.
10. 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 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 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.
11. WINNER’S NAME: For the first name, last initial, hometown and state of the Grand Prize Winner, mail in a self-addressed, first class-stamped envelope to: Reese’s Outrageous Acts Contest – PO Box 251328, West Bloomfield, MI 48325, by August 1, 2018.
12. SPONSOR: The Hershey Company, 100 Crystal A Drive, Hershey, PA, 17033. www.thehersheycompany.com/.
13. ADMINISTRATOR: PrizeLogic LLC, 25200 Telegraph Rd., Suite 405, Southfield, MI 48033.
This Contest is in no way sponsored, endorsed or administered by, or associated with Twitter or Instagram. Any questions, comments or complaints regarding this Contest should be directed to Sponsor and not to Instagram or Twitter.