HERSHEY’S KISSES Holiday Sweepstakes Official Rules

 

HERSHEY®’S/ BLOGHER.COM “HERSHEY®’S KISSES® HOLIDAY RECIPE” SWEEPSTAKES

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OFFICIAL RULES

THIS PROMOTION IS INTENDED FOR PLAY IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY AND WILL BE GOVERNED BY U.S. LAW.  DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND NOT LOCATED IN THE 50 UNITED STATES OR D.C. AT THE TIME OF ENTRY.

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.  SWEEPSTAKES ENTRY PERIOD BEGINS AT 12:00:01 A.M. EASTERN TIME (“ET”) ON DECEMBER 4, 2009 AND ENDS AT 11:59:59 P.M. ET ON DECEMBER 31, 2009 (THE “SWEEPSTAKES ENTRY PERIOD”).  SWEEPSTAKES ONLY OPEN TO LEGAL U.S. RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO ARE 18 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.  To participate in the Sweepstakes, go to www.BlogHer.com (the "Web Site") and follow the online instructions to log in or register.  Followers of participating Bloggers should then link to any of the eight (8) individual Blogger’s pages to post a comment (“Entry”) on the Blogger’s page regarding HERSHEY®’S KISSES® Chocolates to receive one (1) entry per Blogger’s site, into the Blogger’s Sweepstakes, during the Sweepstakes Entry Period.  There will be a total of eight (8) individual Bloggers offering a Sweepstakes.  All comments must be received no later than 11:59:59 p.m. ET on December 31, 2009 to be eligible to win one (1) $100 Visa® Gift Card.  All comments must comply with BlogHer.com Editorial Standards and the Sweepstakes Entry Guidelines as set forth herein.  Entries must be written in English and must be at least 10 characters.  Limit one (1) online Entry per name/e-mail address for the entire Sweepstakes Entry Period, regardless of the number of comments posted by you.  You may enter each participating Blogger’s Sweepstakes one (1) time, but may only win one (1) prize.  The Hershey Company’s (“Sponsor”) computer is the official time keeping device for this Sweepstakes.  Proof of e-mailing does not constitute proof of delivery or entry.  Any attempt to submit more than the maximum number of entries 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.  No other forms of entry are valid other than those set forth above.  All Entry information becomes the property of the Sponsor. 

 

2.  ENTRY SUBMISSION GUIDELINES:  BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S OR BLOGHER'S WEBSITE, IN SPONSOR’S DISCRETION.  Submission of an Entry grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify such Entry in any way, in any and all media, without limitation, and without consideration to the entrant.  Submission of any Entry further constitutes the entrant’s consent to irrevocably assign and transfer to the sponsor any all rights, title and interest in the entry, including, without limitation, all copyrights.  By submitting an Entry in the Contest, you hereby warrant and represent that your entry conforms to the Entry Submission Guidelines set forth herein.  Entries: (1) cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity; (2) 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; (3) cannot be obscene or offensive, endorse any form of hate or hate group; (4) cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies; (5) cannot contain 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, e-mail addresses or street addresses; (6) cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; (7) cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; (8) cannot be in violation of any law; and (9) should not make any claims about Sponsor or Sponsor's products which you know to be misleading or untrue.  If your Entry contains comments regarding Sponsor or Sponsor's products you should disclose that your comment was made pursuant to this Sweepstakes. Sponsor reserves the right to remove or ask Bloggers to remove any comments not in compliance with this Official rules or in Sponsor's discretion.  ENTRIES POSTED TO A BLOGGER SITE 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 obligation to entrants.  By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose or otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, 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 you.   By submitting a Entry you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) and that publication of the Entry via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, Promotion Parties (as defined below) from any claims to the contrary. 

 

3.   PRIZES:  Eight (8 total; 1 for each Blogger site) Grand Prizes.  Each Grand Prize consists of a $100 Visa® Gift Card.  Approximate retail value (ARV): $100.00 each.  Subject to terms and conditions stated on the gift card.  Total ARV of all prizes offered is $800.00.  Limit one (1) prize per name, address and/or household.  Odds of winning a prize depend upon the number of entries received on each Blogger site.

 

4.  DRAWING:  One (1) winner will be selected per Blogger site.  Winners will be selected in random drawings from among all eligible entries received on each Blogger site.  Drawing will be conducted on or about January 7, 2010 by each Blogger whose decisions are final and binding.

 

5.  ELIGIBILITY:  Sweepstakes open only to legal residents of the 50 United States and District of Columbia who are 18 years of age or older as of the date of entry.   Employees, officers and directors of Sponsor, BlogHer.com, Inc., the associated Bloggers, 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. Void in Puerto Rico and where prohibited. 

 

6.  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).  Void wherever prohibited or restricted by law.  Prize winner(s) will be solely responsible for all applicable federal, state and local taxes on prize.  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.  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 available on BlogHer.com.  To read that Policy, access the Web site and then access the Privacy Policy.

 

7.  WINNER NOTIFICATION:  Potential winners will be notified by email at the email address provided at the time of entry.  Sponsor is not responsible for any change in entrant's email address.  If winner is found to be ineligible or otherwise not in compliance with these Official Rules, prize will result in forfeiture.  If winner of any prize is a minor in his or her state of residence, prize will be awarded to the winner’s parent or legal guardian.  If applicable, allow 4-6 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 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 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 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.    LIMITATIONS OF LIABILITY:  Sponsor and Promotion Parties assume no responsibility for: (a) lost, illegible, late, misdirected, or incomplete, 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; 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 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 or BlogHer.com, Inc., corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor or BlogHer.com, Inc. 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.

 

10. 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, consent to the jurisdiction and venue of the federal, state and local courts for Hershey Pennsylvania 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

 

11. WINNER’S NAME:  For the first name, last initial, city and state of the Grand Prize winners, mail in a self-addressed stamped, first class-stamped envelope (VT residents may omit return postage) to: HERSHEY’S/ BlogHer.com “HERSHEY®’S KISSES® “HERSHEY®’S KISSES® “Holiday Recipe” Sweepstakes Winners List Request, Dept: 6961-755, P.O. Box 3450, Young America, MN 55558-3450 by January 7, 2010.

 

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

 

© 2009 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™ pursuant to a license from Visa U.S.A. Inc.

 

 

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