Quirk Whip Launch Giveaway Sweepstakes Rules
February 6, 2023 | Promotions
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
1. SWEEPSTAKES: The Quirk Whip Launch Giveaway Sweepstakes (“Sweepstakes”) shall commence at 12:30:01 pm CDT on February 7, 2023 and shall end at 12:30:00 pm CDT on February 8, 2023 (the “Sweepstakes Period”). The sponsor of the Sweepstakes is Hy-Vee, Inc., 5820 Westown Parkway, West Des Moines, IA 50266 (“Hy-Vee” or “Sponsor”). In the event of a conflict between the entry instructions and these Sweepstakes rules (“Official Rules”), these Official Rules shall control. The clock located on the computer system used by Sponsor to manage the Sweepstakes shall govern with respect to the commencement and end time for the Sweepstakes Period, as well as the time and date of the receipt of each Sweepstakes entry.
2. ELIGIBILITY: Sweepstakes open to legal residents of Kansas and Missouri, who are at least 18 years of age or older at time of entry. Any individuals (including but not limited to employees, consultants, independent contractors and interns) who have, within the past six months, held employment with or performed services for Sponsor, or any other organizations affiliated with the sponsorship, fulfillment, administration, prize support and fulfillment, advertisement, or promotion of the Sweepstakes, and/or their respective parent, subsidiary, affiliate, and successor companies (collectively, “Sweepstakes Entities”), and immediate family members or members of the same households (parents, stepparents, legal guardians, children, stepchildren, siblings, stepsiblings, or spouses (whether related or not) of such persons) at any time during this Sweepstakes are ineligible.
3. HOW TO ENTER: During the Sweepstakes Period, to submit a valid entry, entrants must “like” and post a comment in response to a Sweepstakes-specific post on the Facebook page of one of the following Hy-Vee Food Stores (each, a “Participating Store”).
Entries are limited to one (1) entry per Facebook account per Participating Store. The computer on which each entrant enters the Sweepstakes must have the acceptance of cookies enabled, or any successor technology. All entries must be submitted during the Sweepstakes Period to be considered a valid entry. Sponsor reserves the right to extend the Sweepstakes Period in Sponsor’s full discretion. Further, by entering into the Sweepstakes, entrant binds himself or herself, as well as entrant’s spouse, children parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, to the terms and conditions contained herein.
4. WINNER SELECTION/NOTIFICATION: The prize winner(s) will be selected by Sponsor via the Sweepstakes platform, random.org, randomizer.org or other online random number generator service, or a random drawing (at Sponsor’s election) on February 9, 2023. The prize winner(s) will be selected from among all eligible entries received during the Sweepstakes Period. Sponsor shall use its best efforts to contact the prize winner(s) by Facebook post or direct message immediately following selection. The prize winner(s) must be able to sign and return an Affidavit of Eligibility and Release of Liability/Publicity (where permitted). If Sponsor is unable to contact the prize winner(s) within forty-eight (48) hours of first attempt, or should any of the prize winner(s) fail to return the Affidavit of Eligibility and Release of Liability/Publicity within forty-eight (48) hours of receipt, or should any prize winner fail to comply with these Official Rules or any of the following conditions, that/those prize winner(s) may, at Sponsor’s sole discretion, be declared ineligible and Sponsor shall select alternate prize winner(s).
5. ODDS OF WINNING: The odds of winning depend on the total number of valid Sweepstakes entries received.
6. PRIZES: One (1) winner will win a prize pack that includes a Solo brand stove, two (2) Quirk branded tailgate chairs and two (2) beanies. The prize pack has an approximate retail value of $350.00.
7. PRIZE RESTRICTIONS: No cash redemptions. No transfer of prize permitted. No substitutions, except Sponsor may substitute a prize of equal or greater value at its sole discretion. All costs not specifically stated herein as being awarded are the responsibility of the winner. WINNERS AGREE TO ACCEPT ALL ASPECTS OF THE PRIZE “AS IS,” AND SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALL TAXES, FEES, COSTS, AND EXPENSES OF WHATEVER NATURE, INCLUDING WITHOUT LIMITATION SALES TAXES, PERMITS, AND INSURANCE SHALL BE THE SOLE RESPONSIBILITY OF THE WINNERS, AS WILL ALL CURRENT AND FUTURE TAXES, COSTS, FEES, INSURANCE, AND EXPENSES RELATING TO ANY ASPECT OF THE PRIZES HEREUNDER. All U.S. federal, state, and local taxes, and all other expenses not specifically mentioned herein, are the sole responsibility of Winner. Winner may be issued a 1099 form for the actual ARV of the prizes at the time of fulfillment. No cash redemption of a prize is permitted. No transfer of a prize is permitted. Other restrictions may apply; including venue and event restrictions.
8. PUBLICITY: Except where prohibited, participation in the Sweepstakes constitutes the consent of each winner to Sponsor’s and its respective agents’ use of the winner’s name age, photograph, voice, likeness and/or image, and hometown city and state for promotional purposes in any media, worldwide, without further payment or consideration.
10. GENERAL CONDITIONS: By entering, entrants warrant and represent that they agree to be bound by these Official Rules (including all eligibility requirements) and the decisions of the Sponsor and any appointed agents, which shall be final and binding in all respects. By entering, entrants, on behalf of himself or herself and his or her heirs, assignees, executors and administrators, agree to release, discharge, and hold harmless any and all claims against the Sponsor, all Sweepstakes Entities and Facebook, from and against any and all liability for any injury, including but not limited to personal injury, bodily injury (including without limitation wrongful death or disability), property damage, or loss or damage of any other kind arising in whole or in part, directly or indirectly, from delivery, non-delivery, acceptance, possession, use of a prize, or from participation in this Sweepstakes, or any Sweepstakes-related activity, whether or not such injury, loss or damage arises in whole or in part from the negligence of the Sponsor or Sweepstakes Entities or Facebook or their affiliates, officers, directors, shareholders, employees, agents, and agents of and any and all Internet servers and access providers, and agree that none of the Sweepstakes Entities or Facebook shall be responsible for printing or typographical errors in any Sweepstakes related materials or for stolen, late, lost, garbled, delayed, misdirected, damaged, incomplete, postage due, or illegible entries, or incorrect, inaccurate transcription or loss of entry information for any reason whatsoever, including without limitation, human error. If, in the exclusive judgment of the Sponsor, this promotion becomes compromised in any way, Sponsor reserves the right to withdraw the Sweepstakes offer and select a winner(s) from all eligible entries received prior to the act that compromised the Sweepstakes. Any attempt to deliberately damage or subvert the Sweepstakes or its operation is unlawful and subject to legal action by the Sponsor or its agents. Sponsor reserves the right to verify eligibility qualifications of winner(s), and to disqualify any individual or internet protocol (“IP”) address if Sponsor believes such person or IP address has tampered with the entry or has acted in violation of these Official Rules. Should the Sweepstakes be terminated prior to the last day of the Sweepstakes Period, notice will be posted at www.hy-vee.com as well as Hy-Vee’s Facebook page. Any attempt by an entrant or any other individual to deliberately damage 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 and other remedies from any such person to the fullest extent permitted by law. Hy-Vee® is a registered trademark owned by Hy-Vee, Inc. Facebook® is a registered trademark owned by Facebook, Inc. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook.
11. DISPUTES/CHOICE OF LAW: Entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prize awarded, or the determination of the winners shall be resolved individually, without resort to any form of class action, and exclusively before a court located in the State of Iowa; (b) to the fullest extent permitted by law, you waive any right to a jury trial in any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prize awarded, or the determination of the winners; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorney’s fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant, and Sweepstakes Entities in connection with the Sweepstakes shall be governed by the laws of the State of Iowa, without regard to conflicts of law principles or rules, and all proceedings shall take place in Des Moines, Iowa.
12. PRIZE WINNERS AND OFFICIAL RULES: A copy of these Official Rules and the Sweepstakes results may be obtained by sending a self-addressed, postage prepaid written request to Hy-Vee, Inc., Attn: Quirk Whip Launch Giveaway Sweepstakes, 5820 Westown Parkway, West Des Moines, IA 50266. Written requests must be received by March 31, 2023.
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