NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. MANY WILL ENTER – FEW WILL WIN. VOID WHERE PROHIBITED. Game starts on or about March 5, 2007 at 12:01 a.m. ET and is scheduled to end on April 15, 2007 at 11:59 p.m. ET ("Promotion Period").
1. Who may enter: The HOSTESS® License to Speed Instant Win Game (the “Game”) is open and offered only to legal residents of the U.S. residing in one of the fifty 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 March 5, 2007. Employees, officers, and directors of Interstate Bakeries Corporation (“Sponsor”), its affiliated companies, subsidiaries, distributors, printers and advertising and promotion agencies, and any and all other companies associated with this promotion (“Sweepstakes Entities”), and members of the immediate families or households of each are not eligible to participate. By participating, entrants agree to these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to this sweepstakes.
2. How to play: There are two methods to play: Mobile phone method: 1) From March 5, 2007 through April 15, 2007 look for the specially marked package snack packs and boxes of HOSTESS® Chocolate Cupcakes, HOSTESS® TWINKIES® and HOSTESS® DONETTES® mini-donuts (frosted or powdered) (“Eligible Products”) and while supplies last. Each Eligible Product will have an in-pack Promotion Code. 2) Using your mobile phone, text the Promotion Code to DIVAS 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 1-800-322-6688 for instructions on how to redeem your prize. You will be required to 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 Eligible Product was purchased. Limit five (5) entries per person per day via mobile phone method. Sponsor not responsible for charges you may incur as a result of 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 playing, check with your local wireless service provider for details on service availability and possible charges. Mail-in 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 along with a self-addressed stamped envelope to: HOSTESS® License to Speed Instant Win Game, P.O. Box 34816, Omaha, NE 68134. Vermont residents may omit return postage. You will receive an instant-win game piece by mail, while supplies last. Mail-in requests must be original and handwritten. Request game pieces as often as you wish by mail, but each request must be mailed separately, postmarked by April 16, 2007 and received by April 23, 2007. Photocopies or mechanically or electronically reproduced requests are invalid. Approximately 10,000 instant-win game pieces will be available.
3. Winning: 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.
4. Prizes: Grand Prize (1): Three-day, two-night, trip for two to Miami, Florida. Prize features participation for Grand Prize winner in the Jeff Gordon Racing School on December 14-16, 2007, standard double-occupancy hotel accommodations, and airfare for two from major airport nearest winner’s home to Miami, FL. Winner must be willing and able to travel on dates specified by Sponsor. All travel arrangements must be made through Sponsor, and blackout dates and restrictions may apply. Winner and travel companion must travel on the same itinerary. All expenses not specifically listed herein are the responsibility of Grand Prize winner. Minors who are guests must be accompanied by parent or legal guardian at all times. Approximate Retail Value (ARV): $10,000. Odds of winning the Grand Prize are 1/the total number of valid entries received. First Prize (50): $100 Visa Gift Card, ARV: $100. All Gift Card terms and conditions apply. Odds of winning the First Prize are 5/the total number of valid entries received. Total ARV of all Prizes is $15,000. Actual value of Grand Prize may vary based on airfare fluctuations and distance between departure and destination and any difference in the estimated and actual value will not be awarded. 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. Limit one prize per person or household.
5. Claiming prizes: If you receive a “winner” message via mobile phone and have registered your information on the toll-free number, Sponsor will attempt to notify potential winners via mail and/or phone within 10 business days from the promotion end date. If you receive a game piece with a winning message, mail the original game piece along with a 3” x 5” card containing your name, address, city, state, zip code, home telephone number and age via certified mail to: HOSTESS® License to Speed Instant Win Prize Claims, P.O. Box 34816, Omaha, NE 68134. You should keep a photocopy of your game piece for your records. Potential winning game pieces are subject to verification by independent judges whose decisions are final. All prize claims must be received by May 4, 2007. Only the number of prizes stated in these Official Rules will be awarded. If more winning game pieces 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. Otherwise, liability for game pieces containing technical or other errors is limited to replacement with another game piece, while supplies last. Grand Prize winner will be required to complete and return an affidavit of eligibility, liability and publicity release within 10 days after receipt of such forms. Travel companion of Grand Prize winner (or parent or legal guardian if companion is a minor) will be required to sign and return liability and publicity releases within 10 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. All properly claimed prizes will be awarded. Unclaimed prizes will not be awarded.
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. Any use of robotic, script, macro, automatic, programmed or like entry methods will void all entries affected by such methods and be deemed tampering. 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 Sweepstakes 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, game pieces 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.
The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Entrants (or entrant’s parent/legal guardian if entrant is deemed a minor in the state of his/her residence), by participating in this Sweepstakes, 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 Sweepstakes, or any prize-related activity including travel. By participating in this Sweepstakes, entrants (or entrant’s parent/legal guardian if entrant is deemed a minor in the state of his/her residence) 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 Sweepstakes 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 Sweepstakes.
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 Sweepstakes; (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 April 30, 2007 to: HOSTESS® License to Speed Winner’s List, P.O. Box 34786, Omaha, NE 68134.
10. Sponsor: Interstate Bakeries Corporation, 12 East Armour Boulevard, Kansas City, MO 64111
