H-E-B SPURS SWEEPSTAKES OFFICIAL RULES

Size: px
Start display at page:

Download "H-E-B SPURS SWEEPSTAKES OFFICIAL RULES"

Transcription

1 Date: November 5, 2015 Client: Meredith Xcelerated Marketing ( MXM ) Sweepstakes: H-E-B Spurs Sweepstakes Subject: Official Rules DRAFT 3 Redlines Accepted Disclosures: No purchase necessary. Void where prohibited. The H-E-B Spurs Sweepstakes is sponsored by H-E-B. Open to legal U.S. residents, residing in the state of Texas, 18 & older. Begins 11/16/15 and ends 12/6/15. For complete details and Official Rules, visit H-E-B SPURS SWEEPSTAKES OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PLAY AND PARTICIPATION IN THE STATE OF TEXAS ONLY, AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO THE LAWS OF THE STATE OF TEXAS AND THE UNITED STATES. INTERNET ACCESS AND INSTAGRAM/FACEBOOK/TWITTER ACCOUNT REQUIRED TO PARTICIPATE. 1. SWEEPSTAKES PERIOD. The Sweepstakes begins at 12:00:00 a.m. Central Time ( CT ) on November 9th, 2015, and ends at 11:59:59 p.m. CT on November 29th, 2015 ( Sweepstakes Period ). Entry Period Start Date (at 12:00:00 a.m. CT) End Date (at 11:59:59 p.m. CT) Random Drawing Date Week 1 - Twitter November 16, 2015 November 22, 2015 November 22, 2015 Week 2 - Instagram November 23, 2015 November 29, 2015 November 29, 2015 Week 3 Facebook November 30, 2015 December 6, 2015 December 6, ELIGIBILITY. To enter the H-E-B Spurs Sweepstakes (the Sweepstakes ), you must (a) be a lawful permanent resident of the State of Texas; (b) at least eighteen (18) years of age at the time of entry, and (c) have an active Instagram, Facebook, and/or Twitter account and Internet access. Free Internet access is available at many public libraries, and you can create an Instagram, Facebook, and/or Twitter account for free. This Sweepstakes is void outside the State of Texas and where prohibited by law. This Sweepstakes and any website pages and advertisements relating thereto are intended for viewing only within the State of Texas. Employees, officers, directors and agents of HEB Grocery Company, LP ( Sponsor ) and its parents, subsidiaries, affiliates, retailers, and advertising or promotion agencies and vendors involved in this Sweepstakes (collectively, Sweepstakes Entities ), and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and household members of all such persons, whether or not related, are not eligible to participate in this Sweepstakes. Instagram.com, Facebook.com, and Twitter.com are not affiliated with this Sweepstakes in any way and is not responsible for the administration of the Sweepstakes or the awarding of the prize. No endorsement or approval of Sweepstakes by Instagram, Facebook and Twitter is expressed or implied.

2 3. HOW TO ENTER. Twitter: (1) Go to and sign up to ( H-E-B Twitter Feed ) on Twitter.com no later than the end of Entry Period Week 1. (2) H-E-B will post a photo still from a Spurs commercial on their Twitter feed for fans to create their own caption conveying humor and wit. (3) To enter, Reply To or Retweet the original photo still, along with their original caption using #HEBSpursSweepstakes hashtag. Reply or retweet must be posted during Entry Period Week 1. Limit one (1) entry per person per day. In order for your entry to be validated, your Twitter profile settings must be public. You may not use multiple Twitter accounts to enter. By uploading your caption via Twitter, you represent that your entry conforms to the Guidelines (defined below). Sponsor, in its sole discretion, may remove your entry and disqualify you from the Sweepstakes if it believes, in its sole discretion, that your entry fails to conform to the Guidelines. Proof of submission is not proof of receipt. Sponsor s computer is the official timekeeping device for the Sweepstakes. Released Parties (as defined below) are not responsible for lost, late, misdirected, damaged, incomplete, delayed, undelivered, garbled, or inaccurate entries, all of which will be void. Instagram: (1) Go to and sign up to ( H-E-B Instagram Feed ) on instagram.com no later than the end of Entry Period Week 2. (2) Post a photo on Instagram of your Spurs Game Watching Party, showing how you and your friends celebrate Spurs games using #HEBSpursSweepstakes hashtag. Photo must be posted during Entry Period Week 2. Limit one (1) entry per person per day. In order for your entry to be validated, your Instagram profile settings must be public. You may not use multiple Instagram accounts to enter. By uploading your photo via Instagram you represent that your entry conforms to the Guidelines (defined below). Sponsor, in its sole discretion, may remove your entry and disqualify you from the Sweepstakes if it believes, in its sole discretion, that your entry fails to conform to the Guidelines. Proof of submission is not proof of receipt. Sponsor s computer is the official timekeeping device for the Sweepstakes. Released Parties (as defined below) are not responsible for lost, late, misdirected, damaged, incomplete, delayed, undelivered, garbled, or inaccurate entries, all of which will be void. Facebook: (1) Go to during Entry Period Week 3. (2) H-E-B will post a quiz on their Facebook page during Entry Period Week 3 for fans to take and figure out how well they know our Spurs commercials. (3) To enter, comment below the quiz post with their results (i.e. Rookie, All-Star, MVP) and must include in your comment the #HEBSpursSweepstakes hashtag. Comment must be posted during Entry Period Week 3. Limit one (1) entry per person per day. In order for your entry to be validated, your Facebook profile settings must be public. You may not use multiple Facebook accounts to enter. By uploading your comment via Facebook, you represent that your entry conforms to the Guidelines (defined below). Sponsor, in its sole discretion, may remove your entry and disqualify you from the Sweepstakes if it believes, in its sole discretion, that your entry fails to conform to the Guidelines. Proof of submission is not proof of receipt. Sponsor s computer is the official timekeeping device for the Sweepstakes. Released Parties (as defined below) are not responsible for lost, late, misdirected, damaged, incomplete, delayed, undelivered, garbled, or inaccurate entries, all of which will be void. PHOTO/CAPTION/COMMENT GUIDELINES: 1. Your photo/caption/comment must not contain any individual other than yourself, or another adult who has authorized you to post their photo publicly, and who you represent has so authorized you; and 2

3 2. Your photo/caption/comment cannot have been submitted previously in a promotion or Sweepstakes of any kind or exhibited or displayed publicly through any means prior to the Sweepstakes; 3. Your photo/caption/comment must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement; 4. Your photo/caption/comment must not disparage Sponsor or any other person or party affiliated with the Sweepstakes; 5. Your photo/caption/comment must not contain images, artwork or other information that contains an address, telephone, or other personal identifying information relating to the entrant or any other person, other than the user account name; 6. Your photo/caption/comment must not contain material that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous, libelous or otherwise questionable. Sponsor retains sole discretion as to what constitutes inappropriate content; 7. Your photo/caption/comment must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and 8. Your photo/caption/comment must not contain material that is unlawful, in violation of or contrary to any federal or states laws or regulations. You do not transfer ownership of your photo/caption/comment by entering the Sweepstakes. However, by entering, you irrevocably grant Sponsor, its agents, licensees, and assigns the unconditional and perpetual (non-exclusive) right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your photo/caption/comment as-is or as-edited (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party. Winners may be required to confirm this assignment of rights and their compliance with these Official Rules in writing or prize may be forfeit. In the event of a dispute as to who submitted an entry, entries will be deemed made by the authorized account holder of the Instagram/Facebook/Twitter account submitted at time of participation and he/she must comply with these Official Rules. The authorized account holder is defined as the natural person who is assigned an Instagram/Facebook/Twitter account by Instagram/Facebook/Twitter. 4. PRIZES. GRAND PRIZE (6 available): Each week of the (3) three week Sweepstakes, (2) two Grand Prize winners will receive a signed Spurs basketball jersey. Approximate Retail Value ( ARV ) of Grand Prize is $75. No substitution or transfer of prize (or portion thereof) will be permitted by winner. Sponsor reserves the right to substitute a prize (or portion thereof) for one of comparable or greater value, at its sole discretion. 5. RANDOM DRAWINGS. (2) Two Prize winners will be selected at the end of each Sweepstakes week in random drawings from among all eligible entries received during the applicable Entry Period. Drawings 3

4 will be conducted in San Antonio, Texas by Sponsor or its designee, whose decisions will be final and binding in all matters relating to this Sweepstakes. Limit one (1) prize per family/household. Odds of winning depend on the number of eligible entries received by Sponsor during each Entry Period. 6. WINNER NOTIFICATION. Entrants selected as potential winners in each Drawing ( Selectees ) will be notified via a comment/reply in the appropriate social media platform in which they ve enter the Sweepstakes, and asked to respond to heb.social@heb.com within 24 hours to Sponsor containing his/her name, address, telephone number, and date of birth. If a Selectee does not respond within 24 hours, the Selectee will be disqualified and an alternate Selectee will be drawn. Only Selectees who timely respond to the direct message as instructed will be deemed Potential Winners and be sent Prize Notification. Potential Winners will be required to sign, notarize and return an affidavit of eligibility, a liability release and publicity release within 7 days of Prize Notification or the prize will be forfeited in its entirety and an alternate Selectee will be drawn. Any unclaimed prize will be forfeited to Sponsor. 7. SWEEPSTAKES CONDITIONS. This Sweepstakes is subject to these Official Rules and all applicable federal, state, and local laws and regulations (collectively Rules and Laws ). Except where prohibited by law, winner s acceptance of prize constitutes permission of such entrant for Sponsor and its designees to use, without notice, permission or further compensation, worldwide, and in perpetuity, in any and all forms of media, now known and hereafter devised, including, without limitation, on the Sponsor website and social media profiles, winner s first name, last name, city and state, photograph, likeness, voice, and/or likeness for purposes of advertising, trade, promotion and publicity. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes; to be acting in violation of these Official Rules, or to be acting in a nonsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; and all associated entries will be void. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, AND TO NOTIFY LAW ENFORCEMENT AUTHORITIES WHO MAY PURSUE CRIMINAL PROSECUTION. In the event Sponsor is prevented from continuing with this Sweepstakes (or any portion thereof), or if the administration, integrity, fairness, proper play and/or feasibility of the Sweepstakes is undermined by virus, bugs, unauthorized human intervention, technical difficulties or any event or cause (each a Force Majeure event), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes without notice or further obligation. In the event Sweepstakes is cancelled, the Sponsor reserves the right, but shall have no obligation, to award the prize from among all non-suspect eligible entries up to the time of such Force Majeure event. 8. LIMITATIONS OF LIABILITY. By participating, entrants agree to (i) abide by and be bound by these Official Rules and the decisions of Sponsor and judges, which shall be final and binding in all matters relating to this Sweepstakes and (ii) to RELEASE AND HOLD HARMLESS Sponsor and its parents, affiliates, subsidiaries, and advertising and promotion agencies, and their respective directors, officers, members, employees, agents and assigns (collectively, the Released Parties ) against any and all claims and liability, including injuries, losses or damage of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly from acceptance, use, misuse or redemption of prize or participation in this Sweepstakes, including claims and liability associated with any infringement of third party rights caused by the entrant s photograph/comment/caption. Released Parties are not responsible for technical, hardware or software, or telephone problems or malfunctions of any kind, lost or unavailable network server, Internet service provider, cable, satellite website, or other connections, or failed, incorrect, incomplete, inaccurate, lost, stolen, misdirected, mutilated, undelivered jumbled, 4

5 scrambled, garbled or delayed entries; or other electronic communications; or for any errors, problems or malfunctions of any kind whether caused by computer, network, technical, mechanical, printing, typographical, seeding or human error, or otherwise, relating to or in connection with this Sweepstakes, including, without limitation, errors, problems or malfunctions which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prize or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. 9. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, Grand Prize event and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the Weekly and Finalist Prizes at random from among eligible entries received by the end of each Weekly Entry Period and overall prior to cancellation up to the time of the impairment. 10. DISPUTES. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts located in Bexar County, Texas; (2) any and all claims, judgments and awards shall be limited to actual out-ofpocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, exemplary, punitive, incidental and consequential damages, any and all rights to have actual damages multiplied or increased, and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas. 11. USE OF INFORMATION. Information collected from entrants is subject to Sponsor s privacy policy at the following address: WINNER S LIST. For a winners list, visit The winners list will be posted after winner confirmation is complete. 13. SPONSOR: HEB Grocery Company, LP, 646 South Flores Street, San Antonio, TX

6 Instagram/Facebook/Twitter and Instagram.com/Facebook.com/Twitter.com are the trademarks and service marks of Instagram/Facebook/Twitter. 6