NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
VOID IN ALASKA, HAWAII AND WHERE PROHIBITED. Game starts on or about July 9, 2007 at 12:01 a.m. Central Time (“CT”) and is scheduled to end on September 16, 2007 at 11:59 p.m. CT ("Promotion Period").
1. Who may enter: The HOSTESS® Start Your Engines Instant Win Game (the “Game”) is open and offered only to legal residents of the U.S. (excluding Alaska and Hawaii) residing in one of the forty-eight Continental United States or the District of Columbia and who are 18 years of age or the age of majority in the participant’s state of residence, whichever is greater as of July 9, 2007. Employees, officers, and directors (and members of the immediate families or households of each) of IBC Sales Corporation (“Sponsor”), its affiliated companies, subsidiaries, distributors, printers and advertising and promotion agencies, and any and all other companies associated with this promotion (collectively, the “Sweepstakes Entities”), are not eligible to participate.
2. How to play: There are two methods to play: Mobile phone method: 1) From July 9, 2007 through September 16, 2007 look for the specially marked snack packs of HOSTESS® Chocolate CupCakes, HOSTESS® TWINKIES® and HOSTESS® DONETTES® mini-donuts (frosted or powdered) (“Eligible Products”) while supplies last. Each Eligible Product will have an in-pack Promotion Code. 2) Using your mobile phone during the Promotion Period, text the Promotion Code to DIVAS or 34827 to find out if you are a potential winner. 3) If “winner” message is received via text message on your mobile phone you will be directed to call 1-800-624-7800 for instructions on how to redeem your prize. You must call during the Promotion Period. You will be required to accurately provide the Promotion Code and your name, address, city, state, zip code, daytime phone number, mobile phone number, email address, date of birth and name and address of the store where the Eligible Product was purchased. Limit five entries per person per day via mobile phone method. Sponsor not responsible for charges you may incur as a result of text messages or other mobile phone transmissions. Standard text messaging rates may apply to send and receive transmissions. Not all mobile phones carry the service necessary to participate. Before purchasing an Eligible Product, check with your local wireless service provider for details on service availability and possible charges. Non-purchase method: To play without purchase, send a 3”x 5” card with your name, address, city, state, zip code, date of birth, daytime phone number, email address and one of the following product names: TWINKIES®, Chocolate CupCakes or DONETTES® to: HOSTESS Start Your Engines Instant Win Game Play Request, P.O. Box 641515, Omaha, NE 68164. Requests must be postmarked by September 17, 2007 and received by September 24, 2007. Request Game plays as often as you wish via the non-purchase method; however each request must be accurate, original, handwritten and mailed separately (limit one Game play request per outer mailing envelope). Photocopies, or electronically, digitally, or mechanically reproduced Game play requests will be disqualified. Independent judges will play the Game on your behalf and will attempt to inform you if you are a potential winner. Sponsor will attempt to notify only potential winners.
3. Winning: If you receive a “winner” message via mobile phone and have registered your information on the toll-free number during the Promotion Period or if you are a potential winner through the non-purchase method, Sponsor will attempt to contact you via mail and/or phone within 10 business days from end of the Promotion Period. First Prize winners will each receive a trip to Florida described below and a key on November 18, 2007. Each First Prize winner will have an opportunity to insert the key into the 2007 Ford Mustang® GT Deluxe ignition. One key will work, and if your key starts the 2007 Ford Mustang® GT Deluxe, you are a potential winner of the car, subject to verification. Grand Prize winner must be present to win and claim prize and must meet all eligibility requirements set forth in the Official Rules to qualify for prize. If, for any reason, any First Prizes remain unclaimed as of October 15, 2007, Sponsor reserves the right to pick alternate winners for any unclaimed First Prizes in a random drawing from among eligible mail-in entries.
Winning Game plays will be randomly determined by an algorithmic computer randomization program. All potential winning prize claims will be verified by independent judges whose decisions are final and binding in all respects. Odds of winning depend on number of eligible Game plays received.
4. Prizes: First Prize (5): A 3-day/2 night trip for winner and guest to the Miami, Florida area. Trip includes round-trip coach class air transportation for two from a major commercial airport within the continental United States near winner’s home to Miami and double occupancy hotel accommodations at a hotel selected by Sponsor; vouchers good for 2 VIP tickets to an automobile race at a time to be determined by the Sponsor on November 18, 2007. First Prize winner and travel companion must travel on the same itinerary. If First Prize winner is unavailable to travel on specified dates, prize will be forfeited. Sponsor is not responsible for seat availability or flight time. Prize winners are responsible for transportation to the selected airport, including costs. Certain restrictions and blackout dates may apply. All travel arrangements must be made through a travel agent designated by the Sponsor. Parent or legal guardian must accompany minors. All meals, gratuities, service charges, sales tax or other expenses not specified are the responsibility of the winner. Limit one First Prize per person, household, or family. Total approximate retail value (“ARV”) of trip: $3,000. Actual value may vary based on airfare fluctuations and distance between departure and destination. Any difference between the stated approximate value of the First Prize and the actual value of the First Prize will not be awarded.
Prizes: Grand Prize: One First Prize Winner who participates in the Florida trip could receive the Grand Prize of a 2007 Ford Mustang® GT Deluxe at The Hostess Start Your Engines Event in Florida. ARV: $26,440 MSRP. Potential Grand Prize winner is responsible for all taxes and expenses, including but not limited to, sales tax, luxury tax, destination charges, registration, title and license fees, insurance, and all other costs incurred in claiming, registering or using the vehicle. Winner must present a valid driver’s license and satisfactory proof of insurance prior to delivery. Vehicle will be delivered “as is,” and Sponsor disclaims all express and implied warranties. Vehicle will be delivered to Ford dealer closest to winner’s home but will not be delivered anywhere outside the Continental United States.
Total ARV of all Prizes: $41,440. Prizes are non-transferable and no cash redemption or substitution will be allowed, except at Sponsor's sole discretion. Prize details and availability are subject to change, in which case a prize of equal or greater value will be substituted at Sponsor’s sole discretion. All federal, state and local taxes are the responsibility of the winner. Sponsor reserves the right to request additional information or to verify identity or other applicable information about a potential winner before awarding a prize.
5. Claiming prizes: All properly claimed prizes will be awarded, but only the number of prizes stated in these Official Rules will be awarded. If more winning Promotion Codes are distributed or more prizes are claimed than are intended to be awarded for any prize level, then Sponsor reserves the right to award prizes in a random drawing from among all verified prize claims received for that prize level. Prize Winners will be required to complete and return an affidavit of eligibility, liability and publicity release within 3 days after receipt of such forms. Travel companion of First Prize winner (or parent or legal guardian if companion is a minor) will be required to sign and return liability and publicity releases within 3 days after receipt of forms. Tennessee residents need not sign publicity release. In the event of noncompliance with these Official Rules, or if the entrant cannot be contacted at the address on his/her prize claim form, or if notification is undeliverable, prize will be forfeited.
6. General Rules Limitations of Liability: Sponsor, the Sweepstakes Entities and their respective agencies are not responsible for lost, interrupted or unavailable network, server or other connections, miscommunications, failed telephone or computer hardware or software or other technical failures, unauthorized human intervention, garbled or jumbled transmissions or other errors of any kind, whether human, mechanical or electronic, including without limitation, the incorrect or inaccurate capture of entry information regardless of cause. Once submitted, entries become the exclusive property of Sponsor and will not be acknowledged or returned. Entry material/data that has been tampered with or altered is void. Sponsor reserves the right, at its sole discretion, to cancel/suspend/modify the Game if it becomes corrupted in any manner such that it cannot be conducted as originally planned and in such event, to select winners by random drawing from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. A notice of termination or suspension will be posted at www.hostess@4u2entr.com. Sponsor is not responsible for lost, late, stolen, misdirected, damaged, illegible, incomplete or postage-due mail. Requests, entries, Promotion Codes, and prize claims void if incomplete, defective, altered, forged or obtained outside authorized channels. Persons found tampering with or abusing any aspect of the Game, or whom Sponsor reasonably believes to be causing fraud or disruption, will be disqualified. Sponsor reserves the right to disqualify multiple Game plays in excess of the limit (5) from the same person or mobile telephone number on the same day, or Game plays made through robotic, automatic, mechanical, programmed or similar entry duplication method, and to disqualify any individual using such a method.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND IF SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
Entrants, by participating in this Game, hereby waive and release, and agree to hold harmless the Sponsor, the Sweepstakes Entities, and their respective parents, subsidiaries, affiliates, distributors, licensors, advertising and promotion agencies and all of their respective officers, directors, employees and representatives and agents, from and against, any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death, and /or property, arising in whole or in part, directly or indirectly, from their acceptance, possession, use or misuse of any prize, or their participation in this Game, or any prize-related activity including travel. By participating in this Game, entrants agree to be bound by the Official Rules and the decisions of the judges. Except where prohibited by law, by accepting a prize, winners (or winner’s parent/legal guardian if winner is deemed a minor in the state of his/her residence) agree that Sponsor and its related and affiliated companies may use the winner’s name, address (city, state), photograph, videotape, likeness, and/or prize information for advertising, publicity and promotional purposes and to the use of statements made by or attributed to winner relating to Sponsor, the Sweepstakes Entities, their related and affiliated companies or to this Game and grants to Sponsor, the Sweepstakes Entities, and their related and affiliated companies any and all rights to said use without further notice and/or compensation except where prohibited by law. Neither Sponsor, Administrator, nor the Sweepstakes Entities are responsible for any typographical or other error in the printing, the offering or the announcement of any prize or in the administration of the Game.
7. Disputes: By participating in this promotion, each entrant agrees that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with this promotion or the awarding or redemption of prizes will be resolved exclusively by final and binding arbitration conducted pursuant to the AAA's Procedures for Consumer-Related Disputes in conjunction with the AAA's Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (3) The arbitration shall be held at the AAA regional office nearest the entrant; (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 applicable entrant may have entered into in connection with the Game; (5) The arbitrator shall apply Missouri 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; arbitration can decide only the entrant's and/or Sponsor's individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator shall not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits the entrant is required to pay under the AAA rules exceed $125, and the entrant is unable to pay the additional fees and deposits, Sponsor retains the right to forward them to the AAA on the entrant's behalf, subject to ultimate allocation by the arbitrator. In addition, if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor retains the right to pay as much of the entrant filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.
8. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND PARTICIPANTS HEREBY WAIVE, ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL SPONSOR OR THE SWEEPSTAKES ENTITIES BE LIABLE TO ANY PARTICIPANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO ANY INDIVIDUAL PARTICIPANT IN THIS PROMOTION.
9. Winner’s List: To receive a winner’s list, send a self-addressed, stamped envelope before October 3, 2007 to: HOSTESS® Start Your Engines Winner’s List, P.O. Box 641632, Omaha, NE 68164.
10. Sponsor: IBC Sales Corporation, 12 East Armour Boulevard, Kansas City, MO 64111.
MUSTANG is a trademark of Ford Motor Company, used with permission.
