HY-VEE "SMART POINTS PROGRAM"

1. Contest Period. Contest begins on September 1, 2009 and ends on October 31, 2009.

2. Eligibility: Contest is open only to legal residents of the U.S. who are 8 years of age or older at the time of entry and who are legal residents in the states of Illinois, Iowa, Kansas, Minnesota, Missouri, Nebraska, South Dakota and Wisconsin. Contest is void elsewhere and where prohibited or restricted by law. Entrants must have a parent's or legal guardian's permission to enter.

3. To enter: There are no limits to the number of times a person can enter this contest. To enter the “Hy-Vee Smart Points Program” (the “Contest”), an entrant (“Entrant”) must purchase $20 of participating P&G products at a participating Hy-Vee location. Sales tax is not included in the purchase requirement. For every $20 of P&G products purchased in one transaction, Entrant will receive a print out at the cash register with 100 Smart Points and a code to enter those point at www.Hy-VeeSMARTPoints.com. Points are not applied automatically; Entrant must allocate them to a school of their choice by visiting the contest website.

All online entries must include Entrant’s first and last name, email address, state and city of residence, school of choice to allocate points to. By providing an e-mail address, Entrants consent to being contacted by e-mail by Sponsor and their affiliate companies.

All entries must be submitted online on or before October 31, 2009 to be eligible.

By participating in this Contest, Entrants agree to be bound by these Official Contest Rules and the decisions of the Sponsor, which shall be final and binding in all matters relating to the Contest.

4. Entries. Each entry that is made online at www.Hy-VeeSMARTPoints.com requires a code for verification. The code is printed on a Catalina receipt print out from the participating Hy-Vee store.

Once an Entrant submits the code and determines the school of their choice to allocate the points to, the entrant cannot for any reason change the allocation.

5. Points. Points are totaled in real time on www.Hy-VeeSMARTPoints.com by Qualified School. Points that have been allocated by an Entrant will be divided by the number of students enrolled in each of the participating schools to provide an average. To receive a printed copy of the participating schools and the number of students enrolled, as of August 12, 2009, please send a postage paid, self-addressed envelope to: Hy-Vee, Inc, Attn: SMART Points Program School List, 5820 Westown Parkway, West Des Moines, IA 50266. Requests must be received before the contest officially ends on October 31, 2009.

6. Qualified Schools. Qualified Schools are grouped according to geographic location in relation to a participating Hy-Vee store. Not all Hy-Vee stores have a Qualified School grouping. Qualified Schools with the most average points per grouping win a SMART Board™ interactive whiteboard.

7. Selection of Grand Prize Winners. At least one hundred twenty five (125) Grand Prize Winners (School) will be determined by November 6, 2009. One Grand Prize Winner (School) from each Qualified School grouping will be determined by the highest average points earned. In the event of a tie, both Qualified Schools will win. Potential Grand Prize Winners will be notified by mail or e-mail on or about November, 13 2009, and will be required to complete, sign and return an Affidavit of Eligibility and Liability/Publicity Release within five (5) days of the date on the Grand Prize Winners’ notice from Sponsor. If a potential Grand Prize Winner does not return such documentation to Sponsor by the date specified in the notification letter, or if a potential Grand Prize Winner is determined to be ineligible, or if a potential Grand Prize Winner fails to comply with these Official Contest Rules or fails to accept a Grand Prize, the Grand Prize will be forfeited in its entirety and, time permitting, an alternative Grand Prize Winner will be selected from the remaining eligible entries based on the criteria set forth above.

8. Prizes. At least one hundred twenty five (125) Grand Prizes: Grand Prize Winners will receive one (1) SMART Board 680 series interactive whiteboard with SMART Notebook collaborative learning software. Approximate Retail Value (“ARV”) of each Grand Prize is $3,000.00. The date and delivery of this prize will be a determined date to be arranged by the discretion of the sponsor.

9. Prize Conditions. Prizes cannot be transferred, assigned, or redeemed for cash. In the event of prize unavailability, any prize or any portion of any prize may be substituted for one of equal or greater value, in Sponsor’s sole discretion. All federal, state or other tax liabilities (including income taxes) will be the sole responsibility of the Grand Prize Winners. The required Publicity Release will state that Grand Prize Winners’ acceptance of the prize constitutes agreement for Sponsor to use the Grand Prize Winners’ name, likeness, statements, biographical information, and city and state of school location for advertising and trade purposes on a worldwide basis (without review by Grand Prize Winners) in all forms of media, without further compensation, remuneration, or authorization.

10. Contest Conditions: This Contest is subject to all applicable federal, state and local laws. By participating, Entrants waive any right to claim ambiguity in the Contest or these Official Contest Rules.

11. Limitations of Liability. (i) Sponsor may prohibit an Entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing or intending to annoy, abuse, threaten or harass any other Entrants, or Sponsor’s representatives or employees. 

(ii) If, for any reason, this Contest is not capable of running as planned due to fraud, tampering, unauthorized intervention or any other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process (if applicable), and to cancel, terminate, modify, or suspend the Contest in whole or in part, at any time, without notice and award the prizes using all non-suspect eligible entries received as of the termination/suspension date. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, theft or destruction or unauthorized access to, or alteration of, entries.

12. Claims/Choice of Law. (a) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees and legal costs/expenses; and (b) under no circumstances will an 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 actual out-of-pocket expenses, and any and hereby waives all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Contest Rules, or the rights and obligations of Entrant, Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Iowa without regard for conflicts of law doctrine, and all proceedings shall take place in the State of Iowa. All Entrants who enter the Contest agree to submit to the exclusive jurisdiction of the courts of the State of Iowa and agree to waive the right to a jury trial with respect to any claim or dispute with regard to any aspect of the Contest or Official Contest Rules.