NO
PURCHASE NECESSARY
TO ENTER OR WIN THE PROMOTION. A
PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF
WINNING THE PROMOTION.
OPEN
ONLY TO LEGAL
RESIDENTS OF THE 50 UNITED STATES, DISTRICT OF COLUMBIA AND
CANADA (EXCLUDING
QUEBEC) WHO, AS OF TIME OF ENTRY, ARE 18 YEARS OR OLDER.
VOID
IN QUEBEC AND
WHERE PROHIBITED OR RESTRICTED BY LAW.
The
Hickory
Farms® Gift Survey Sweepstakes (“Promotion”) is
sponsored by Hickory
Farms, Inc. (“Sponsor”), 811
Madison Ave. 5FL, Toledo, OH, USA 43604, and is administered by
Prize Logic,
LLC (“Administrator”), 25200 Telegraph Road, Suite 405,
Southfield, MI, USA
48033.
1.
PROMOTION
PERIOD: The
Promotion starts October
15, 2014 at 12:00 AM Eastern Time (“ET”)
and ends on
January 15, 2015 at
11:59:59 PM ET (“Promotion Period”). The Promotion is subject
to all applicable
federal, state, provincial, territorial and local laws and
regulations. The Administrator’s computer is
the official Promotion
Period clock.
2.
ELIGIBILITY:
The Promotion
is open only to legal
residents who are physically residing in the 50 United States,
the District of
Columbia or Canada (excluding Quebec), who are at least
eighteen (18) years of
age or older as of the date of entry. Void in Puerto Rico,
Quebec, the United
States Territories and Possessions, elsewhere and where
prohibited or
restricted by law. Officers, directors, and employees of the
Sponsor, ForeSee
Results, Inc., Administrator and
their
respective parent, subsidiary, and affiliate companies, and
any other entity
involved in the development, administration, promotion, or
implementation of
the Promotion (the “Promotion Entities”), and members of these
persons’
immediate families (spouses and/or parents, children, and
siblings, and their
spouses, regardless of where they reside), and/or persons
living in the same
households as these persons (whether or not related thereto)
are not eligible to
enter or win the Promotion. Participation constitutes
Entrant’s full and
unconditional agreement to these Official Rules as well as
Sponsor’s and/or
Administrator’s decisions, which are final and binding in all
matters related
to the Promotion. Winning a prize is contingent upon
fulfilling all
requirements set forth herein.
3.
HOW TO
ENTER: An eligible entrant
(“Entrant”) may enter
using one (1) of two (2) methods of entry:
A.
Entry
Method 1: During
the Promotion Period an invitation to
participate in a survey (the “Survey”) will be printed on the
gift receipt
included in the gift package. The Entrant must log on to the
URL provided on
the receipt and complete the Survey prior to 11:59:59 PM ET
January 15, 2015.
After completing the Survey, the Entrant will be asked if
he/she wishes to
enter the Promotion. If the customer is an eligible Entrant
and wishes to
participate in the Promotion, he/she must then enter the
following information:
his/her complete first and last name (no initials), valid
e-mail address,
complete street mailing address (no P.O. Box), ZIP/Postal
Code, telephone
number and birthday. After entering this information, the
Entrant must click
the submit button and he/she will be entered into the
Promotion. Limit one (1)
Entry per receipt.
B. Entry
Method 2: This entry method is
for those who have not received
a gift of Hickory Farms
products from a third
party. Under this method of entry, during the Promotion
Period, the
individual may click on https://survey.foreseeresults.com/store/controller?id=48b74872&flow=SS
and follow the steps to enter the
Promotion, including
providing the
registration information requested
above.
Notwithstanding
the foregoing, regardless of the method of entry,
an Entrant may only enter the Promotion once per calendar day
during the
Promotion Period. A
calendar day starts
at 12:00 AM ET (midnight) and ends at 11:59:59 PM ET each day
during the
Promotion Period.
4. RANDOM DRAWING: On
or about January 26,
2015 Administrator will randomly select five (5) winners (each,
a “Winner”)
from among all eligible entries received during the Promotion
Period. Each Winner
is
considered a potential winner pending verification of
eligibility and
compliance with these Official Rules.
5.
PRIZES,
APPROXIMATE
RETAIL VALUE (“ARV”), AND ODDS OF WINNING:
A.
Prizes
(5): Each
Winner will receive USD/CAD $250, awarded as a pre-paid Gift
Card (“Prize”). Each
Prize is awarded in the local currency of the Winner. Each
Prize
is subject to the
terms and conditions set forth thereon. Prizes will not be
redeemed or
exchanged for cash, except where required by law. Prize will not
be replaced or
replenished if it is lost, stolen, damaged, destroyed or used
without Winner’s
permission and will be voided if altered or defaced.
B.
Total
ARV:
The total ARV of all Prizes available in the Promotion
is USD/CAD $1,250.
C.
Odds
of Winning:
The odds of winning a Prize depend on the number of
eligible entries
received during the Promotion Period.
D.
Prize
Conditions: Limit one
(1) Prize per household. Prizes
are non-transferrable and non-substitutable, except by Sponsor
in its sole
discretion. Sponsor reserves the right to substitute a similar
Prize of
comparable or greater value. All taxes and other expenses,
costs, or fees
associated with the acceptance and/or use of the Prize(s) are
the sole
responsibility of Winner(s). If a Prize is unclaimed within a
reasonable time
after notification from Sponsor, as determined by Sponsor in
its sole discretion,
it will be forfeited, and, time permitting, an alternate
Winner may be selected
from the remaining eligible entries at Sponsor’s sole
discretion.
6. WINNER NOTIFICATION
AND FULFILLMENT: Potential
Winners will be notified by e-mail using the contact
information provided at
the time of entry on or about February 4, 2015.
If
a
Potential Winner is a Canadian resident then he/she must answer
a
mathematical skill testing question without the assistance of
any person or
device. If a selected potential Canadian Winner fails to
correctly answer the
question, he/she will be disqualified and another Entrant may be
randomly
chosen as a potential Winner.
If a
potential Winner is ineligible for any reason, then the
potential Winner will
be disqualified and an alternate Winner may be selected. Federal,
state,
provincial, territorial, and local taxes imposed on Prizes are
the sole
responsibility of the Winner. Sponsor will ship the Prize
directly to the
Winner within approximately 6 - 8 weeks of the notification
date.
7. CONDITIONS: By entering
the Promotion, each Entrant
agrees for Entrant and for Entrant’s heirs, executors, and
administrators (a)
to release and hold harmless Promotion Entities and their
respective officers,
directors, and employees (collectively, “Released Parties”)
from any liability,
illness, injury, death, loss, litigation, or damage that may
occur, directly or
indirectly, whether caused by negligence or not, from such
Entrant’s
participation in the Promotion and/or his/her acceptance,
possession, use, or
misuse of the Prize or any portion thereof; (b) to indemnify Released Parties from any
and all
liability resulting or arising from the Promotion and to
hereby acknowledge that Released
Parties have neither made nor are in any manner responsible or
liable for any
warranty, representation, or guarantee, express or implied, in
fact or in law,
relative to Prize, including express warranties provided
exclusively by Prize
supplier that are sent along with Prize; (c) if selected as a
Winner, the use
by Released Parties of such name, voice, image, and/or
likeness for publicity,
promotional, and advertising purposes in any and all media now
or hereafter
known, throughout the world in perpetuity, without additional
compensation,
notification, permission, or approval, and, upon request, to
the giving of
consent, in writing, to such use; and (d) to be bound by these
Official Rules
and to waive any right to claim any ambiguity or error therein
or in the
Promotion itself, and to be bound by all decisions of the
Sponsor, which are
binding and final.
Failure to
comply with these conditions
may result in disqualification from the Promotion in Sponsor’s
sole discretion.
8. LIMITATION OF
LIABILITY:
Promotion
Entities are not responsible for, and shall be indemnified by
each Winner
against, any claims, injuries, losses or damages of any kind
resulting from
acceptance, use, misuse, possession, or loss of a Prize. Void
where prohibited.
IN NO EVENT WILL THE PROMOTION ENTITIES, THEIR AFFILIATES,
SUBSIDIARIES AND
RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR
THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE
RESPONSIBLE OR
LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING
DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES.
9. PRIVACY: Each
Entrant agrees that personal data, including but not limited
to, name, mailing
address, telephone number, and e-mail address may be
collected, processed,
stored and otherwise used for the purposes of conducting and
administering the
Promotion. Further, this data may also be used by Sponsor to
verify an
Entrant’s identity, postal address and telephone number in the
event an Entrant
qualifies for any Prize as well as to deliver the applicable
Prize, and may
also be used by Sponsor to contact Entrants who have opted
into receive future
marketing communications for promotional purposes, in
accordance with Sponsor’s
privacy policy found at http://www.hickoryfarms.com/_hf-privacy-policy. If
an Entrant does not provide the required data when requested,
that entry will
be ineligible for any Prize.
10. ADDITIONAL
TERMS: Sponsor
reserves the right to permanently disqualify from any
promotion any person it
believes
has
intentionally violated these
Official Rules. Any attempt to deliberately damage the
Promotion or the
operation thereof is unlawful and subject to legal action by
Sponsor, who may
seek damages to the fullest extent permitted by law. The
failure of Sponsor to
comply with any provision of these Official Rules due to an
act of God,
hurricane, war, fire, riot, earthquake, terrorism, act of
public enemies,
actions of governmental authorities outside of the control of
Sponsor
(excepting compliance with applicable codes and regulations),
or other acts
outside the reasonable control of Sponsor will not be
considered a breach of
these Official Rules. Released
Parties
assume no responsibility for any injury or damage to Entrants’
or to any other
person’s computer relating to or resulting from entering or
downloading
materials or software in connection with the Promotion.
Promotion Entities are
not responsible for telecommunications, network, electronic,
technical, or
computer failures of any kind; for inaccurate transcription of
entry
information; for errors in any promotional or marketing
materials or in these
Official Rules; for any human or electronic (including but not
limited to
programming) error; or for Entries that are stolen,
misdirected, garbled,
delayed, lost, late, damaged, illegible or returned.
Sponsor
reserves the right to cancel,
modify, or suspend the Promotion or any element thereof
(including, without
limitation, these Official Rules) without notice in any manner
and for any
reason (including, without limitation, in the event of any
unanticipated
occurrence that is not fully addressed in these Official
Rules). In the event
of cancellation, modification, or suspension, Sponsor reserves
the right to
select Winners in a random drawing from among all eligible,
non-suspect Entries
received prior to the time of the event warranting such
cancellation,
modification, or suspension. In no event will more Prizes be
awarded than are
stated in these Official Rules. Sponsor may prohibit any
Entrant or potential
Entrant from participating in the Promotion, if such Entrant
or potential
Entrant shows a disregard for these Official Rules; acts with
an intent to
annoy, abuse, threaten, or harass any other Entrant, Sponsor,
or Sponsor’s
agents or representatives, including but not limited to the
Promotion Entities;
or behaves in any other disruptive manner (as determined by
Sponsor in its sole
discretion).
11. DISPUTES: EXCEPT WHERE
PROHIBITED BY LAW
The
PROMOTION is governed by, and will be construed in
accordance with, the laws of
the State of MICHIGAN, and the forum and venue for any
dispute shall be in THE
COUNTY OF OAKLAND IN THE STATE OF MICHIGAN. If THE controversy or claim is not otherwise
resolved through direct
discussions or mediation, it shall THEN be resolved by FINAL
AND binding
arbitration administered by JUDICIAL ARBITRATION AND
MEDIATION SERVICES, INC.,
in accordance with its Streamlined Arbitration Rules and
Procedures or
subsequent versions thereof (“JAMS Rules”). The JAMS Rules
for selection of an
arbitrator shall be followed, except that the arbitrator
shall be experienced
and licensed to practice law in THE STATE OF MICHIGAN.
All proceedings brought pursuant to this paragraph
will be conducted in
THE STATE OF MICHIGAN. THE REMEDY FOR ANY CLAIM
SHALL BE LIMITED TO
ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO
RECOVER
PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES,
INCLUDING ATTORNEY’S
FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO
SEEK INJUNCTIVE OR
ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE STATUTE OF
LIMITATIONS FOR
ASSERTING ANY CLAIMS SHALL BE A PERIOD OF ONE (1) YEAR FROM
THE END DATE OF THE
PROMOTION PERIOD.ENTRANTS
AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION
ARISING
OUT OF OR CONNECTED WITH THE CONTEST OR ANY PRIZE AWARDED
SHALL BE RESOLVED
INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
12. WINNER
ANNOUNCEMENT: For the name
of the Winners, send a
self-addressed, stamped business size envelope: Hickory Farms
Gift Survey
Sweepstakes, P.O. Box 251328, West Bloomfield, MI, USA 48325. Requests must be
received by March 2, 2015.
©
2014 Hickory
Farms, Inc.
All
rights reserved.