"Hy-Vee Smart Points" Official Rules
1. Contest Period:
Contest begins on October 1, 2011 and ends at noon on December 30, 2011.
2. Eligibility:
Contest is open to legal residents who are 18 years of age or older at the time of entry and who legally reside in IA, IL, NE, KS, MO, SD, MN and WI. Employees of Hy-Vee and their respective corporate affiliates, successors and/or assigns, subsidiaries and agents, advertising and promotion agencies involved in any way with this promotion and members of their immediate family (spouse and parents, siblings and children of their spouse) and persons living in the same household of such individuals are not eligible to participate or win a prize. Void outside IA, IL, NE, KS, MO, SD, MN and WI and where prohibited.
3. How 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 (1) code. Each code has a value of 100 Smart Points. Those codes can be entered at www.Hy-VeeSmartPoints.com. For every additional purchase of two (2) Sara Lee Fresh Bakery products, entrant will receive an additional code with a value of 100 Smart Points. 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, and 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 before 11:59 a.m. December 30, 2011 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(s) can be found printed on a Catalina receipt print out from the participating Hy-Vee store. Each Entrant will need to create a username and password in order to log into the Hy-VeeSmartPoints website and submit their code. 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 a points average. To receive a printed copy of the participating schools and the number of students enrolled, 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 December 30, 2011.
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 and the entrant donating the most points to each winning school will win an iPad tablet 16GB with Wi-Fi (Black) for a child attending the winning school.
Home Schools are not eligible to participate in the contest.
7. Selection of Grand Prize Winners:
At least two hundred and twelve (212) Grand Prize Winners (School) will be determined by January 13, 2012. One Grand Prize Winner (Entrant) 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 January, 27, 2012, 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 two hundred and twelve (212) Grand Prizes: Grand Prize Winners (schools) will receive one (1) SMART Board 680 series interactive whiteboard with SMART Notebook collaborative learning software. Approximate Retail Value ("ARV") of each SMART Notebook Grand Prize is $1,500.00. Entrants donating the most points to each of the two hundred and twelve (212) winning schools will receive an iPad tablet 16GB with Wi-Fi (Black) for a child attending the winning school. Approximate Retail Value ("ARV") of each iPad tablet prize is $500. The date and delivery of this prize will be a determined date to be arranged by the discretion of the sponsor. Limit: one (1) prize per school and entrant.
9. 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.
10. 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.
11. 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.
12. General Conditions:
No cash redemption, substitution or transfer of prize permitted, except by Sponsor, who reserves the right to substitute in whole or in part, prize of comparable or greater value if stated prize is unavailable. All federal, state and local taxes on prize and expenses relating to acceptance and use of prize are the sole responsibility of winner. Prize winners will be notified by telephone or email and will be required to sign and return an affidavit of eligibility and liability/publicity release (except where prohibited by law). If a winner cannot be reached after two attempts, prize will be forfeited and may be awarded to an alternate winner. By participating, entrants agree to: (a) be bound by these official rules and the decisions of Sponsor and judges which shall be final and binding in all aspects relating to the promotion and (b) release and forever discharge and covenant not to sue Hy-Vee and their affiliates, subsidiaries, distributors, agents and advertising & promotion agencies and the employees, directors and officers of each of the foregoing entities from any and all claims, demands, damages, losses and liabilities, of any nature whatsoever, which they may now or hereafter assert, including but not limited to claims for injury, death, damages, or illness arising out of or relating to or claimed to be arising out of or relating to promotion entry, prize acceptance or use or misuse of the prize or any product or prize certificate awarded including, without limitation, personal injury, death and property damage. Acceptance of a prize constitutes winner's agreement and permission to the use of his/her name and/or photograph for advertising, publicity and promotional purposes without further notice or compensation (unless prohibited by law). Sponsor and its agents are not responsible for any printing or other errors in promotion related material. This promotion will be governed by the laws of the United States.
13. Winner's List:
For the names of winning schools and individuals please visit Hy-VeeSmartPoints.com.
14. Sponsor:
Hy-Vee, Inc. 5820 Westown Parkway, West Des Moines, IA 50266.
All rights reserved.
