HOSTESS® HOOPS “SHOOT FOR RICHES” SWEEPSTAKES OFFICIAL RULES
ON-LINE PROMOTION ONLY. INTERNET ACCESS AND VALID E-MAIL ACCOUNT REQUIRED. PRIZES ARE NOT CUMULATIVE SO SOME PRIZES (LIKELY INCLUDING THE MILLION DOLLAR PRIZE, AN ANNUITY) WILL NOT BE AWARDED.
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: The Hostess® Hoops “Shoot for Riches” Sweepstakes (the “Sweepstakes”) is open only to individuals who are living within, and are legal residents of, the 50 United States or the District of Columbia, and who are at least 18 years of age (or the age of majority in their jurisdiction of residence, whichever is greater) as of the date of entry. The following individuals are not eligible to enter or win: officers, directors, and employees of IBC Sales Corporation a wholly-owned subsidiary of Hostess Brands, Inc. (“Sponsor”) and each of its parent, subsidiary and affiliated companies; distributors, contractors, web design, advertising, promotion fulfillment, judging and Sweepstakes agencies and other individuals or entities involved in the administration, development, fulfillment and execution of this Sweepstakes (collectively, “Sponsor and its Agents”) and all of their immediate family members (spouse, parent, child, sibling and/or the household members of each). Further, the following classes of people are not eligible to win the Grand Prize: current or former professional or semi professional basketball players or coaches; and current or former high school, collegiate, or organized recreational level basketball players or coaches who have played or coached at that level in the past five (5) years (includes Freshmen, Junior Varsity, and Varsity for both men and women). All determinations of eligibility will be made by Sponsor in its sole discretion. This Sweepstakes is intended solely for viewing and participation in the United States and shall be construed and evaluated solely under United States federal, state and local laws. Do not enter the Sweepstakes website if you are not located in the 50 United States or the District of Columbia. Sweepstakes void in Puerto Rico and all jurisdictions other than listed above and where prohibited, taxed or restricted by law.
2. TO ENTER: Sweepstakes begins at 12:00:00 A.M. PT on February 21, 2010 and ends at 11:59:59 P.M. PT on April 1, 2010 (the “Entry Period”). Entry is on-line only. To enter, visit www.hostesscakes.com during the Entry Period, complete the on-line registration form, and submit so your entry is received by Sponsor’s Internet server no later than 11:59:59 P.M. PT on April 1, 2010. To complete the on-line registration form, you will need an entry code which is available during the Entry Period by one of the following means: [a] by purchasing a specially-marked Hostess product which includes an entry code printed inside the package; or [b] by following instructions during the on-line entry process to obtain a free entry code instantly without purchase. Entry codes act as a “key” to allow entry into the Sweepstakes but do not affect the determination of winners. Late entries will be void and ineligible. Limit one (1) entry per person, per day during the Entry Period, regardless of e-mail address used. All entries become property of Sponsor and will not be acknowledged or returned. The use of any devices to automate entry, including but not limited to, entries submitted using any bot, macro, script, hack, on-line sweepstakes service or form-filling software (or any other devices intended to automate any part of the entry process) to gain an entry into this Sweepstakes is prohibited. Entries by any means which subvert the entry process will be void. If Sponsor or independent judging agency, in their sole discretion, determine that any entrant has used any device to automate or subvert the entry process, all entries from that entrant will be void and future entry attempts by the entrant at issue may be blocked.
3. FIRST PRIZE SELECTION/NOTIFICATION/ODDS OF WINNING: Periodically throughout and following the Entry Period, an independent judging organization will conduct random drawings to award one (1) First Prize from among all eligible entries received for each of the Forty (40) days of the Sweepstakes. For the purposes of determining the First Prize entry pools, each day will begin at 12:00:00 A.M. PT and end at 11:59:59 P.M. PT on each calendar day of the Entry Period. Each First Prize will consist of a $250 gift certificate for select basketball tickets. Limit one First Prize per household/address. First Prize winners will be contacted by phone, e-mail, or mail, at Sponsor’s sole discretion. The odds of being selected as a First Prize winner depend on the number of eligible entries received for each day of the Sweepstakes.
4. GRAND PRIZE CONTESTANT SELECTION/NOTIFICATION: On April 2, 2010, an independent judging organization will select the Grand Prize winner (“Contestant”) in a random drawing from among all eligible entries received. Potential Contestant will be notified by phone on Friday, April 2, 2010 between 9:00 a.m. and 1:00 p.m. PT and must answer the telephone in person when called and confirm his/her eligibility and ability to become the Contestant and participate in the Event (as described in Section 6 below), or an alternate entrant will be selected and notified until an entrant is reached who verbally confirms their eligibility and ability to become the Contestant and participate in the Event. No telephone messages will be left for potential Contestants, and potential Contestants will only be telephoned one time for attempted prize notification. Notification attempts not satisfactorily completed within 3 minutes may be deemed as unsuccessful, and an alternate potential Contestant will be selected. No responsibility is assumed by Sponsor for any incorrect postal address, e-mail address or phone number associated with an entry, or any change of address, e-mail or phone number of entrant after entry submission. Contestant will be required to complete a notarized affidavit of eligibility, a liability release and (where permitted by law) a publicity release, which must be returned, along with a copy of potential Contestant’s valid government-issued photo ID, within time period specified in Contestant’s notification letter. Any failure to timely return required documents, noncompliance with the terms of these rules or the return of any prize notification as undeliverable will cause prize to be forfeited in its entirety, and an alternate potential Contestant will be selected, assuming there is still sufficient time for Contestant verification and travel administration prior to the Event.
5. GRAND PRIZE/ODDS OF WINNING:The verified Contestant shall receive a trip for four (4) to Dallas, TX (the “Travel Prize”) and the opportunity to participate in a basketball challenge event where he/she will win ONE of the following prizes (each, a “Cash Prize”, see Section 6 for further details): Consolation Prize: $5,000; Layup Prize: $10,000; Free Throw Prize: $25,000; Three Point Prize: $50,000†; or Half-Court Prize $1,000,000†; subject to satisfaction of all requirements of these Official Rules. Cash Prizes are NOT cumulative. Only the highest Cash Prize legitimately won by the Contestant will be awarded. If won, a Consolation, Layup, Free Throw, or Three Point prize will be awarded in the form of checks made payable to the Contestant; see Section 7 below for further details on payment of the Three Point and Half-Court prize. Travel Prize consists of round-trip coach air transportation for Contestant and three (3) guests from the major U.S. gateway airport closest to Contestant’s home (as determined by Sponsor) to Dallas, TX; double occupancy standard hotel accommodations for three (3) days/two (2) nights; entry for Contestant and guests into Event; $1,000 spending money awarded in the form of a check made payable to the Contestant; and ground transfers in Dallas to/from airport, hotel, and Event location. Sponsor reserves the right to select air carriers, hotels, and ground transportation providers in its sole discretion. Approximate retail value (“ARV”) of the Travel Prize is $5,000; actual value may vary based on fare fluctuations and point of departure. Contestant and guests must travel on the same itinerary. Contestant and guests will be responsible for meals, gratuities and all other expenses not specifically set forth herein. If Contestant resides within an approximately 200 mile radius of Dallas, TX (as determined by Sponsor), ground transportation may be substituted in lieu of airfare, and no compensation or substitution will be provided for difference in prize value, if any. Contestant and guests will be responsible for all necessary travel authorizations and for any travel insurance, as well as any travel documents required by airline. Contestant or guests must provide hotel with a major credit card issued in one of their names to cover room security and incidental expenses. Guests of Contestant must be 18 years of age or older, unless a guest’s parent/legal guardian is also one of Contestant’s guests. Guests must complete a liability/publicity release prior to issuance of travel documents. Contestant will forfeit any prize in its entirety with no compensation being paid in exchange thereof if he/she is unwilling or unable to travel on dates and times designated by Sponsor. Sponsor assumes no responsibility for any travel delays or travel cancellations. Any difference between stated ARV and actual cost of the Travel Prize (if any) will not be awarded. In no event will Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules. No prize transfer. All taxes on any prize awarded are the sole responsibility of the Contestant. No prize substitution except by Sponsor due to unavailability, in which case a prize of comparable or greater value will be awarded.The odds of an entrant being selected as the potential Contestant depend on the number of eligible entries received. The odds of the Contestant winning a particular Cash Prize depend upon outside factors, including the skill of the Contestant, and are not subject to determination by traditional statistical means.
6. EVENT DESCRIPTION/CASH PRIZE CONDITIONS: Once the Contestant has been notified and verified in accordance with these Official Rules, his/her trip to Dallas, TX will be scheduled by Sponsor to coincide with an event where he/she will win one of the Cash Prizes, subject to satisfaction of all requirements of these Official Rules (the “Event”). The Event is currently anticipated to take place on Wednesday, April 14, 2010, but is subject to change in Sponsor’s sole discretion. At the Event, the Contestant will have exactly twenty-four (24) seconds to successfully complete as many of the following sequence of four (4) basketball shots as possible, in order: a Lay Up, a Free Throw, a Three Point shot and a Half-Court shot. Within the 24 seconds, the Contestant will have as many opportunities as necessary at each of the first three shot locations to make the shot, but only one attempt is allowed for the Half-Court shot. An attempt has occurred when the basketball has been released by the Contestant. Contestant may make attempts using: [a] basketballs from a rack of twelve (12) basketballs placed near the Free Throw line (exact placement determined by Sponsor in its sole discretion); or [b] basketballs obtained by retrieving any of his/her own rebounds. The Contestant must start the sequence from directly under the same basket at which the shots will be attempted, using an NBA-regulation basketball (or one of equivalent specifications) and an NBA-regulation basketball basket, both of which must be provided by and/or previously designated/approved by the Sponsor and SCA Promotions, Inc. (“Adjuster”). Sponsor, Adjuster, and/or their designee will be the official timekeepers of the twenty-four (24) second shot clock. All successful attempts must be completed within twenty-four (24) seconds, and attempts completed after the twenty-four (24) seconds will be void. The Contestant must shoot each shot from the location designated by Sponsor and Adjuster, and from a distance to the basket no less than the selected distance from the shot location to the basket, such distances being: Lay Up, no distance restriction; Free Throw, 15 Feet; Three Point shot, 23 Feet and 9 Inches; and Half-Court shot, 43 Feet. The rim of the target basket must not be less than ten (10) feet above the floor. The Contestant must attempt the sequence of shots in the order specified, from behind the demarcation line of the specified distance measured from the backboard of the target basket (with the exception of the lay-up shot wherein the demarcation line and other distance restrictions do not apply). No part of the Contestant’s body or clothing may come in contact with or cross the demarcation line prior to releasing the ball. In order to be counted as a successful shot, the basketball must pass completely through the target basket on the fly, from the point of release from the Contestant’s hand(s), without coming in contact with the ground, any person, or any surface other than the backboard or basket, said shot passing through said basket from the side of the basket facing upwards, as would otherwise constitute a successful shot scoring a field goal under NBA regulations.
Subject to the terms of these Official Rules, the Contestant will be awarded ONE of the following amounts depending on the final shot made successfully in the designated sequence within the time allowed, which amounts shall NOT be cumulative: a Lay Up will earn $10,000, a Free Throw will earn $25,000, a Three Point shot will earn $50,000† and a Half-Court shot will earn $1,000,000†. Only the highest Cash Prize won by the Contestant will be awarded. If the Contestant participates in the Event but fails to make any successful shots, a $5,000 Consolation Prize will be awarded.
Contestant will not be permitted any practice, warm-up, or qualifying throws. Contestant must complete and sign an Agreement to Participate prior to making any attempt. Contestant must participate in the Event personally, and no other person may participate on their behalf. Contestant may not transfer or assign his or her right to enter the Event. If Contestant is unable to perform on the day of the Event, his or her right to participate is forfeited. Any attempted participation by means other than those permitted by these Official Rules is void. Sponsor may, in its sole discretion, disqualify Contestant at any time for: [a] any actual or attempted fraudulent activity; [b] failure to follow Sponsor’s instructions; [c] failure to report at the designated times and places during the Event; or [d] failure to comply with these Official Rules. In the event the $50,000 or $1,000,000 prize is claimed, Contestant will be required to complete an additional Affidavit & Release and return it to Adjuster, along with a copy of Contestant’s government-issued photo ID, within the time frame specified by Adjuster. The determination of any Contestant and the awarding of any Travel Prize or Cash Prize are subject to verification by Sponsor and Adjuster. Any disputes regarding whether a Cash Prize was validly won will be resolved by Sponsor and Adjuster, whose decisions, including any interpretation of these Official Rules, shall be final, conclusive and binding. Such decisions shall be made strictly in accordance with these Official Rules and any other rules and procedures put in place by Sponsor for the Event. In no event shall Sponsor or Adjuster be responsible for awarding more than one Cash Prize.
† 7. FORM OF PAYMENT OF $50,000 OR $1,000,000 PRIZE (AN ANNUITY, PAYBLE OVER TIME): If the Contestant successfully wins the $50,000 Prize in the manner described above in Section 6, such $50,000 Prize will be awarded as a check in the amount of $25,000 from the Sponsor plus an assignment of Sponsor's rights under a $25,000 prize indemnity policy issued to Sponsor by Adjuster, which shall provide payment of the remaining $25,000 portion of the $50,000 Prize in a single payment within 12 weeks of the Event. If the Contestant successfully wins the $1,000,000 Prize in the manner described above in Section 6, such $1,000,000 Prize will be awarded as a check in the amount of $25,000 from the Sponsor, plus an assignment of Sponsor's rights under a $975,000 prize indemnity policy issued to Sponsor by the Adjuster, which shall provide payment of the $975,000 as a single payment of $25,000 within 12 weeks of the Event, plus $950,000 paid over 40 years as an annuity at a rate of $23,750 for each of the 40 years, without interest. The value of such annuity as of January 1, 2010 was $479,000. Contestant, on behalf of himself/herself, his/her heirs, executors and assigns, agrees that, in the event the either the $50,000 or $1,000,000 Prize is won, Sponsor's sole liability shall be a single payment of $25,000 (within 12 weeks of the Event) and to assign the corresponding prize indemnity policy to Contestant who shall look solely to Adjuster for payment under such policy. Sponsor and its Agents (other than Adjuster) shall have no responsibility or liability arising out of Adjuster's failure to perform its obligations under any such prize indemnity policy.
8. TAXES: Each winner will be solely liable for any and all federal, state, local and other taxes associated with any prize he/she wins. Sponsor makes no representations regarding the tax liability associated with any such prize, and each winner is advised to seek counsel regarding tax liabilities associated with such prize. For any prize it fulfills, Adjuster shall have the right to withhold any amounts required for the payment of applicable taxes.
9. INTERNET & LIMITATIONS OF LIABILITY: Sponsor and its Agents are not responsible for and shall not be liable for: [a] interrupted or unavailable network server, internet access or other connections, miscommunications, failed telephone or computer transmissions or late, lost, stolen, jumbled, scrambled or misdirected Sweepstakes entries or transmissions; [b] phone, electrical, network, computer hardware or software or program malfunctions; [c] inability to upload or download any information in connection with participating in the Sweepstakes; [d] failures or difficulties or other errors, omissions, interruptions, or deletions of any kind whether human, mechanical or electronic; [e] for any damage to any person's computer or other equipment related to participating in the Sweepstakes; [f] typographical, printing or other errors relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in the administration of the Sweepstakes, the processing of entries, the announcement of the prizes, or in any Sweepstakes–related materials; or [g] the actions of entrants or other individuals in connection with the Sweepstakes, including entrants' or other individuals' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in advertising, promotional packaging and other Sweepstakes materials, the details of the Sweepstakes set forth in these Official Rules shall prevail. Sponsor and its Agents are not liable for any Internet connectivity costs, dial-up access costs or upload fees. In Sponsor’s sole discretion, persons found tampering with, abusing any aspect of this Sweepstakes, violating these Official Rules, or acting in a non-sportsmanlike, inappropriate or disruptive manner will be disqualified and may be subject to prosecution. If, in the judgment of Sponsor, the Sweepstakes is compromised by virus, bugs, non-authorized human intervention or other causes beyond the reasonable control of Sponsor, which corrupt or threaten to corrupt or interfere or threaten to interfere with the administration, security, fairness or operation of the Sweepstakes as was originally intended, Sponsor reserves the right, in its sole discretion, to discontinue, suspend or terminate the Sweepstakes or Event or to otherwise proceed with the Sweepstakes in any manner it deems fair and reasonable. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK PROSECUTION, DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Winner’s name on the entry form must match the account holder of the e-mail address. SPONSOR MAKES NO WARRANTIES.
10. DISPUTES: ENTRANT AGREES THAT: [A] ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR ANY PRIZES AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS (DALLAS DIVISION), if jurisdiction may be found in such court, OR, in the alternative, THE APPROPRIATE TEXAS STATE COURT LOCATED IN DALLAS COUNTY, TEXAS; [B] Entrant hereby waives his/her right to contest jurisdiction; [C] ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES BUT IN NO EVENT ATTORNEYS' 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 Missouri, without giving effect to any choice of law or conflict of law rules (whether of the State of Missouri or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Missouri.
11. PRIVACY: Any personally identifiable information collected during your participation in this Sweepstakes will be collected by Sponsor and used by Sponsor and its Agents solely for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules and will not otherwise be shared with any third party except as stated in Sponsor's Privacy Policy, posted at www.hostesscakes.com and as allowed by law. In the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail.
12. GENERAL RELEASE: Sponsor and its Agents are not responsible, whether directly or indirectly, for any liability in connection with any injuries, damages or losses of any kind, whether to property or person, including death, arising out of the acceptance, enjoyment, use and/or misuse of any prize and/or participation in this Sweepstakes. Each entrant, as a condition of entering, releases and agrees to indemnify and hold harmless Sponsor and its Agents from any and all liability for any injuries, loss or damage of any kind to person(s), including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize or participation in this Sweepstakes or in any Sweepstakes-related activity or event, including activities that are not sponsored or provided by Sponsor. Each winner shall bear all risk of loss or damage to his/her prize after it has been delivered.
13. GENERAL CONDITIONS: By entering this Sweepstakes, each entrant agrees that s/he has read these Official Rules and that s/he will be strictly bound by them. Sponsor's decisions shall be final in all matters pertaining to this Sweepstakes. By accepting a prize, each winner grants Sponsor and Adjuster the right to use his/her individual name, address, photograph, and likeness for advertising, publicity & promotion purposes and for any other such purposes as Sponsor so determines, in any and all media worldwide without limitation, without further compensation or permission, except where prohibited by law, and agrees to execute specific consent to such use if asked to do so. Sponsor shall not be responsible for illegible, damaged, lost, late, stolen, postage-due, incomplete, undelivered/undeliverable, misdirected or returned mail. All federal, state and local laws apply.
14. WINNERS LIST: To receive the name, city, and state of the winners, send a self-addressed, stamped envelope by June 30, 2010 to: Hostess Hoops “Shoot for Riches” Winner List, P.O. Box 750, Southbury, CT 06488-0750.
Sponsor: IBC Sales Corporation a wholly-owned subsidiary of Hostess Brands, Inc., 6031 Connection Drive, Irving, TX 75039.
© 2010 Hostess Brands, Inc.
Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks in these Official Rules or in the Sweepstakes is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Sweepstakes.