You Can Win!
NO PURCHASE IS NECESSARY TO PARTICIPATE OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. INTERNET ACCESS AND A VALID EMAIL ADDRESS REQUIRED TO ENTER ONLINE SWEEPSTAKES. VOID WHERE PROHIBITED.
EACH WINNER (AND ANY MINOR WINNER'S PARENT OR LEGAL GUARDIAN FOR HIMSELF OR HERSELF AND ON BEHALF OF THE MINOR) MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND EXECUTE DOCUMENTATION, SUCH AS A RELEASE, AS MORE FULLY DETAILED BELOW.
BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. AS MORE FULLY DETAILED BELOW, YOU AGREE THAT ALL DISPUTES ASSOCIATED WITH THE GAME (DEFINED BELOW) WILL BE DECIDED BY BINDING ARBITRATION (SEE RULE 12).
GAME OVERVIEW. The "Hooray For The Underdog! Sweepstakes" is an online sweepstakes at HoorayForTheUnderdog.com which begins on August 24, 2015, and ends on December 31, 2015, or when game piece ("Game Piece[s]") distribution supplies are exhausted, whichever occurs first ("Online-Store Game Play Period") and mail in entries receive one (1) Entry into the final drawing ("Final Drawing"). Together, the In-Store Game and Mail-In Sweepstakes comprise the "Game", and each provides participants with the opportunity to win prizes, all as more fully explained and defined below.
WHO IS ELIGIBLE TO PARTICIPATE/TO WIN.
- Eligibility: The Game is open to individuals who are residents of the United States and are 16 (16) years of age or older at time of participation ("Participants"). Persons in any of the following categories are NOT eligible to participate: any person who on or after January 1, 2015, is or was (a) a Hooray For The Underdog! owner, or a director, officer, employee, agent or independent contractor of a Hooray For The Underdog! ; (b) a director, officer, employee, agent or independent contractor of Hooray For The Underdog! USA (the "Sponsor") or its parent company, subsidiaries, affiliated companies or service agencies; (c) a director, officer, employee, agent or independent contractor of any entity engaged in the development, production or distribution of Game materials, or of any entities retained by Sponsor or its agencies to assist in any way with the administration, promotion or advertisement of the Game; (d) a director, member, manager or officer of any prize partneror a director, member, manager or officer of a Prize Partner's parent company, subsidiaries or affiliated companies; and (e) an immediate family member (defined as spouse, IRS-dependent, or biological, foster, in-law, adoptive or step mother, father, sister, brother, daughter or son) of, or who reside in the same household as, any person in any of the preceding categories.
- Agreement To Official Rules: The Game is being conducted in the Territory by Sponsor, and each Participant, and if the Participant is under the age of majority in his/her residential jurisdiction (a "Minor"), that Minor's parent or legal guardian on behalf of the Minor, unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor, which shall be final and binding with respect to all aspects of the Game.
- To Be Eligible To Win: Winning any prize requires that the potential winner of the prize is, and remains, in compliance with these Official Rules. Until a potential winner is verified to be eligible and in compliance with these Official Rules, the potential winner is, and will remain, a potential prize winner, unless the potential winner is disqualified for not complying with the Official Rules and/or not being eligible to participate in the Game (see Rule 8 "Verification"). Sponsor reserves the right to disqualify any potential winner who Sponsor, in its sole discretion, determines is not permitted by law to receive a prize. Sponsor reserves the right to refrain from conducting any advertising or publicity associated with a winner for any reason.
- Participants Requiring Assistance: If you have a disability that you believe prevents you from participating in the Game, or if you need assistance in redeeming a prize, contact (214) 231-0991 for assistance.
- HOW TO OBTAIN A GAME PIECE AND ONLINE CODE. Receive a Game Piece either with a qualifying purchase (see Rule 3A below) or without a qualifying purchase (see Rule 3B below). Each Game Piece provides for: (a) one (1) chance to win In-Store Game prizes described in Rules 5A and 5B of these Official Rules, and (b) one (1) 11-digit alphanumeric online code ("Online Code" or "Code") (except for Game Pieces with a non-Food Instant Win prize, each of which contains a "redemption code" used to claim a prize [as described in Rule 6B] and does not contain an Online Code). Each Online Code can be used to enter the Online Sweepstakes (each an "Entry"). The Game Piece channels described in Rules 3A and 3B are the only legitimate channels ("Legitimate Channels") for obtaining Game Pieces and Online Codes, although Sponsor may choose to authorize the distribution of Game Pieces or Online Codes in a different manner from time to time during the Game and, in that event, such an authorized distribution will be deemed a Legitimate Channel. Any other channel or method, including, without limitation, by purchase, sale, trading, auction or barter of Game Pieces or Online Codes via online or live auctions, does not constitute Legitimate Channels and is expressly prohibited.
- With Purchase Of Any Hooray For The Underdog! Item: Visit HoorayForTheUnderdog.com and automatically get an entry with any purchase.
- Without Purchase (Alternate Method Of Entry "AMOE"): A Participant can request an entry without purchase by mailing a legibly handwritten, self-addressed, stamped envelope ("SASE") with sufficient postage and a return address, including first and last name, street address, city, state and ZIP or postal code, to: Hooray For The Underdog! Contest Entry Request, 6219 Twin Oaks Circle, Dallas, TX 75240. Two (2) Game Tickets will be mailed in response to each mail-in request that complies with the requirements of these Official Rules, while supplies last. Mail-in requests, including both outer envelope and SASE, must be handwritten. Outer envelope must include a return address in the upper left hand corner that matches the requestor's street address, and must be postmarked no sooner than August, 2015, and no later than December 15, 2015, and received by Sponsor no later than January 1, 2016. Each request must be mailed in a separate stamped outer mailing envelope. Requests that are sent in business reply envelopes that utilize address labels or stickers (for any address), that are photocopied, hand-stamped, computer-generated or otherwise mechanically or digitally produced or reproduced, that are not mailed in separate outer stamped mailing envelopes, or that otherwise fail to comply with these Official Rules will NOT be honored, acknowledged or returned, and the persons submitting such requests will forfeit any corresponding postage and envelopes.It is only necessary to register once for the entire Sweepstakes.
NOTE: Once a Participant's Registration information is received and recorded by the Game Computer, it cannot be changed.
- PRIZES/ODDS/APPROXIMATE RETAIL VALUE ("ARV"). Approximately 10 prizes in addition to the grand prize.
- GENERAL PRIZE CONDITIONS/RESTRICTIONS
- Prizes Not Claimed Or That Are Forfeited Will Not Be Awarded, Except Online Sweepstakes Prizes: If a potential winner cannot accept a prize as stated, that prize will be forfeited in its entirety and, if the prize is an Online Sweepstakes prize, it will be awarded to an alternate winner, time permitting. If a winner is a Minor in their jurisdiction of residence, a prize may be awarded in the name of, or to, winner's parent/legal guardian, who must execute all documents and agree to all obligations and undertakings of a winner, both on behalf of himself/herself and the winner, or the prize may be forfeited in its entirety.
- Conditions Of Prize Claim Submissions: All Prize Claim Documents received after the applicable redemption deadlines shall be deemed VOID and will be ineligible for prizes. Game Pieces and Prize Claim Documents that are complete and duly submitted to the Redemption Center within the applicable redemption period will be verified within a few days after the Prize Claim Documents are received, or as soon thereafter as reasonably practical, and once verified, prize winners will be contacted by the Redemption Center to begin the prize awarding. If any potential prize winner (or such Minor winner's parent or legal guardian) fails or refuses to properly execute and return all Prize Claim Documents by the redemption deadline or if the Prize Claim Documents or a prize is returned as unclaimed or undeliverable to any potential winner, such potential prize winner will be disqualified and/or otherwise forfeit their prize. If a prize winner makes any false statement in any Prize Claim Document, or if it is discovered that a winner has registered for the Online Sweepstakes using more than one (1) email address, the winner will be required to promptly return to Sponsor upon demand the cash equivalent of the prize(s) based on the ARV or cash value for prizes published in Rule 5. The submission of Prize Claim Documents, Game Pieces, and/or Codes is solely the responsibility of each Participant. If any potential winner declines a prize, is found to be ineligible, or fails to comply with these Official Rules, such potential winner will be disqualified and will forfeit the prize and all rights to the prize they otherwise might have received. Please note that overnight shipping companies are unable to deliver to a Post Office Box. As a result, Participants must return their completed Prize Claim Documents and/or Game Piece(s) using the US Postal Service or, if provided, the pre-paid courier envelope included in the redemption pack. When sending Prize Claim Documents and/or Game Pieces to the Redemption Center, it is strongly recommended that Participants retain a photocopy of all Prize Claim Documents submitted and send the submission using Registered, Certified or Express Mail with a receipt of mailing (although proof of mailing does not constitute proof of delivery). Game Entities are not responsible if a potential winner does not receive an email notification with redemption instructions or corresponding prize because an erroneous, fraudulent, invalid, changed or bogus email address was provided in the potential winner's prize claim information, if the email is intercepted by SPAM or other email filters, or is misdirected or not received for any reason.
- VERIFICATION. Winning Game Pieces for Hooray For The Underdog! Upon completion of verification, the Hooray For The Underdog! Redemption Center will contact the winner to initiate the prize awarding process or to notify the potential winner that he/she is not eligible to receive the prize. If Sponsor so elects, a potential prize winner may be required to submit to, and cooperate in, a confidential background check to confirm eligibility, security requirements set by Sponsor or a Prize Partner and to help ensure that the use of any such person in advertising or publicity for the Game will not bring Sponsor or a Prize Partner into public disrepute, contempt, scandal or ridicule, or reflect unfavorably on the Game or the Sponsor or on a Prize Partner as determined by Sponsor in its sole discretion. Each Participant acknowledges and agrees that the decisions of Sponsor shall be final, binding and conclusive in all matters relating to the Game, including without limitation determinations regarding the validity of Game Pieces, Online Codes, redemption codes and any Prize Claim Documents submitted for verification. Except as specifically stated in these Official Rules, only original Game Pieces distributed in the Territory will be accepted for verification. Any person attempting to forge prize claim materials (Prize Claim Documents, Game Pieces, Online Codes) or defraud Sponsor or any of the Prize Partners in any way in connection with this Game, may be prosecuted to the fullest extent permitted under the law. In the event of a dispute as to the identity of a Participant, the Online Sweepstakes Entry in question will be deemed submitted by the registered account holder of the email account for the email address provided at the time of Participant's registration for the Online Sweepstakes. The registered account holder for an email account shall be the natural person to whom the applicable email address has been assigned by the Internet access provider, service provider or other organization responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning Entry. If a dispute cannot be resolved to Sponsor's sole satisfaction, the Entry will be deemed ineligible.
- GENERAL RELEASE AND CONDITIONS OF PARTICIPATION Participants assume all risk of loss, damage, destruction, delay and misdirection of Prize Claim Documents and are advised to obtain insurance where appropriate. Sponsor, Prize Partners and each of their respective parent companies, subsidiaries, affiliates, es, local advertising cooperatives, advertising/promotion agencies and all of their respective directors, officers, employees, representatives and agents (individually and collectively " Game Entities ") are not responsible for: (a) incomplete, illegible, misdirected, late, lost, damaged, stolen, non-delivered or postage-due submissions of Prize Claim Documents and/or Game Pieces, or any mail; (b) any damage to a Participant's or other person's computer system or digital device which is caused or occasioned by accessing the Website or Prize Partners' websites or redemption pages, participating in the Online Sweepstakes or claiming a prize; (c) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet, digital device or wireless service providers, websites or other connection, availability or accessibility problems arising in connection with or over the course of the Online Sweepstakes; (d) miscommunications, failed, jumbled, scrambled, delayed, dropped, interrupted, lost, non-delivered or misdirected computer, telephone, digital device, email or cable transmissions or hardware or software or program or programming malfunctions, failures or difficulties; (e) any technical malfunctions, failures or difficulties, printing errors, color discrepancies, clerical, typographical or other error in any Game Pieces, Online Codes, printed, web or mobile copy or artwork, any prize offering announcement or any Prize Claim Documents; (f) any errors or failures of any kind, whether human, mechanical, clerical, electronic, interruption of power, digital or technical in nature, or unauthorized human intervention; (g) any incorrect or inaccurate information, whether caused by Website users, tampering, hacking, or by any equipment or programming associated with, or utilized in, the Game; (h) the incorrect or inaccurate capture of information, or the failure to capture or loss of any information; or (i) non-delivery of an email notification with redemption instructions or corresponding prize because an erroneous, fraudulent, invalid, changed or bogus email address was provided in the potential winner's prize claim information, if the email is intercepted by SPAM or other email filters, or is misdirected or not received for any reason. (To help prevent an email message from being identified as SPAM, you may add noreply@atMcD.com to the safe sender list in your email application. See your email application help instructions for further information.) Proof of mailing requests, Prize Claim Documents or Game Pieces of any kind or nature does not constitute proof of delivery. Prize Claim Documents or winning Game Pieces submitted become the sole property of Sponsor and will not be returned. Sponsor shall not be responsible to correspond with Participants. By participating in the Game, each Participant hereby releases and agrees to hold the Game Entities harmless from and against any and all costs, injuries, losses or damages of any kind, including, without limitation, property damage, death and bodily injury (whether due to negligence or otherwise) due in whole or in part, directly or indirectly, to participation in the Game or any Game-related and/or travel-related activity, or participation in any prize-related activities, or the receipt, use or misuse of any prize. Participants waive the right to assert as a cost of winning any prize, any and all costs of verification and redemption or travel to claim said prize and any liability and publicity that might arise from claiming or seeking to claim said prize. By submitting potential winning Prize Claim Documents and/or Game Pieces, each verified winner hereby agrees and grants Sponsor the right, but not the obligation, to the use of their name, voice and likeness, along with their address (city and state) and any statements made by or attributed to such winner in any and all media, now known or hereafter devised, without notice, review or approval, in perpetuity and throughout the world for advertising, commercial and promotional purposes in connection with the Game and other promotions without further compensation (except where prohibited by law), and releases the Game Entities from any liability with respect thereto.
- DISCLAIMER OF WARRANTIES. THE GAME ENTITIES MAKE NO WARRANTIES, AND HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING ANY PRIZE IN CONNECTION WITH THE GAME. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND THE GAME ENTITIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY.
- Disqualification: It is the Participant's sole responsibility to ensure that they have complied in full with all conditions and requirements contained in these Official Rules. If any potential winner is found to be ineligible, or if they have not complied with these Official Rules or decline a prize for any reason prior to award, such potential winner will be disqualified and the prize forfeited. No mechanically produced, reproduced, illegible, incomplete, forged, software-generated, third party or other automated or robotic entries, in whole or in part, will be accepted. Entries made by any individual or any entity other than the Participant and/or originating by any other mechanism, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified from this Game. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the Entry process or the operation of the Game; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Game, or to annoy, abuse, threaten or harass any other person. The Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
- Force Majeure/Printing and Production Errors: Sponsor reserves the right, without prior notice and at any time, to terminate the Game, in whole or in part, or modify, suspend or extend the Game in any way, or deem an affected Game Piece void and invalid if it determines, in its sole discretion, that the Game Piece in question reflects printing or other errors, or if it determines, in its sole discretion, that the Game is impaired or corrupted or that fraud or technical problems, failures, malfunctions or errors (including, without limitation, computer viruses or other deleterious programs or materials, glitches or printing or production errors) have destroyed or severely undermined the proper play, integrity and/or feasibility of the Game. In the event Sponsor is prevented from continuing with the Game or awarding any prize as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made health epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order or regulation, public health crisis, order of any court or jurisdiction or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Game (or any portion thereof). Only the type and quantity of prizes described in these Official Rules will be awarded. The sole responsibility and liability for any irregular Online Code, Game Piece or Online Sweepstakes Entry is replacement with another randomly selected Code, or Game Piece while supplies last, or Online Sweepstakes Entry, as solely determined by Sponsor. Replacement shall be the sole and exclusive remedy under such circumstances. If, due to printing, digital, computer programming, hardware or software, or production errors or for any reason, more potential winners in any prize category come forward seeking to claim prizes in excess of the number of each type of prize as set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s) in that prize category. Inclusion in such drawing shall be each Participant's sole and exclusive remedy under such circumstances.
- Invalidity: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings and captions are used in these Official Rules solely for ease of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. These Official Rules cannot be modified or amended in any way except in writing by a duly authorized representative of Sponsor. Hooray For The Underdog! employees or es are not authorized to modify or amend these Official Rules.
- Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between Participant and the Sponsor in connection with the Game shall be governed by and construed in accordance with the internal laws of the State of Illinois, including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state or jurisdiction's laws.
- Language Discrepancy: In the event there is a discrepancy or inconsistency between the English language version and the Spanish language version of these Official Rules, or of any Game Pieces, Game Materials and/or prize claim materials, the English version shall prevail, govern and control. Other than and except for Prize Partner terms, conditions and restrictions governing those prizes and offers supplied by Prize Partners in connection with the Game, in the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Game materials and/or prize claim materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
- ARBITRATION. By participating in this Game, each Participant agrees that: (1) any claim, dispute, or controversy (whether in contract, tort or otherwise) Participant may have against any of the Game Entities arising out of, relating to, or connected in any way with the Game, the awarding or redemption of prizes, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by American Arbitration Association ("AAA") and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"); (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for Participant), or at such other location as may be mutually agreed by the Participant and Sponsor; (4) the arbitrator's decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the Participant may have entered into in connection with the Game; (5) the arbitrator shall apply Illinois law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis as Participant and Sponsor hereby waive the right to assert claims in any class or representative action; arbitration can thus decide only the Participant's and/or Sponsor's individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) to the extent permitted by law, the arbitrator shall not have the power to award punitive, incidental or consequential damages against the Participant or Sponsor; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD for claims less than $10,000 or $375 for claims greater than $10,000 but less than $75,000, and the Participant is unable (or not required under the applicable Rules and Procedures) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on the Participant's behalf, subject to ultimate allocation by the arbitrator. In addition, if the Participant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the Participant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither Sponsor nor Participant shall be entitled to arbitrate their dispute. For more information on AAA and/or AAA Rules and Procedures, Participants may visit the AAA Website at https://www.adr.org.
- OFFICIAL RULES. These Official Rules will be posted at the Hooray For The Underdog! website. To receive a copy of the Official Rules, mail an SASE to Redemption Center: 6219 Twin Oaks Circle, Dallas, TX 75240. All requests must be postmarked by January 24, 2016, and received by January 30, 2016. Limit one (1) request per outer envelope.
- WINNERS LIST. For a list of Official Winners ("List"), mail a #10 SASE to Redemption Center: Hooray For The Underdog! Winners List Request, 6219 Twin Oaks Circle, Dallas, TX 75240. All requests must be postmarked by January 24, 2016, and received by January 30, 2016. Limit one (1) request per outer envelope. OR, you can see the complete list of confirmed winners online at HFTUWinnersList.com on or about January 30, 2016, after all winners are confirmed.
- SPONSOR. Hooray For The Underdog! 6219 Twin Oaks Circle, Dallas, TX 75240