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Harveys Groceries for a Year Kiosk Sweepstakes Official Rules



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NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGUALTIONS APPLY. VOID OUTSIDE FL, GA, SC, AND VOID WHEREVER PROHIBITED BY LAW.

1. ELIGIBILITY: To enter Harveys Groceries For a Year Kiosk Sweepstakes (hereinafter referred to as “Sweepstakes”), an entrant must be eighteen years (18) of age or older at the time of entry, a U.S. citizen and a legal resident of either the state of: FL, GA, or SC. Sweepstakes is void outside the states of FL, GA, and SC, and is void in the District of Columbia, Puerto Rico, and wherever prohibited or restricted by law. Entrant must abide by these Official Rules and by the decisions of J.H. Harvey Co. (hereinafter referred to as “Sponsor”) and Universal Promotions Inc. (hereinafter referred to as “UPI”), which are final and binding in all matters related to this Sweepstakes. The following persons are not eligible to enter or win the Sweepstakes: Employees, directors and officers of Sponsor, UPI, and any of Sponsor’s or UPI’s respective parents, subsidiaries, affiliate companies, distributors, advertising, fulfillment, judging and promotion agencies that are involved in the administration, development, fulfillment and execution of this Sweepstakes (collectively “Promotion Parties”) and any immediate family members of each (defined as spouse, parent, child, sibling, grandparent, grandchild, and/or “step” of each) and those living in the same households whether or not related.

2. HOW TO ENTER SWEEPSTAKES: NO PURCHASE NECESSARY TO ENTER OR WIN. There Are Two Methods of Entry:

A. Harveys Supermarket with a Kiosk Method: To enter the Sweepstakes via a Harveys Supermarket with a kiosk (hereinafter referred to as “kiosk”) entry method during the Sweepstakes Period (Sweepstakes Period definition is listed below in Rule #3), an entrant must visit a participating Harveys Supermarket (hereinafter referred to as “Harveys”. A list of participating Harveys can be found at www.shoppercredit.com/JHH) and swipe his/her Harveys Hometown Rewards Key Tag (hereinafter referred to as “Rewards Key”) under the card reader at the kiosk. In the event an entrant swipes his/her Rewards Key under the kiosk card reader, but the kiosk card reader fails to “read” an entrant’s Rewards Key for any reason whatsoever, any such attempted entry will become null and void. An entrant will receive only one entry per day at a kiosk during the Sweepstakes Period, regardless of the number of times an entrant swipes his/her Rewards Key. In case of a dispute as to the identity of the Rewards Key holder, entry will be declared by the authorized account holder of the Rewards Key, used in the swipe at the kiosk under the card reader. Sponsor and/or UPI reserve the right to deem that the entry was submitted by the authorized account holder of the Rewards Key. “Authorized Account Holder” is defined as the natural person who is registered to the Rewards Key as assigned by Sponsor. After entrant swipes his/her Rewards Key at the kiosk under the card reader an entrant may receive coupon offers (hereinafter referred to as “coupons”), the coupons may contain discounts for free product(s) or money off a product(s) to be used on products at a Harveys. COUPONS ARE NOT PART OF THE SWEEPSTAKES PRIZE POOL AND REDEMPTION OF COUPONS WILL NOT INCREASE OR IMPROVE AN ENTRANT’S CHANCE OF WINNING A PRIZE. In the event of a failure to capture any required information, including as a result of the effects of hackers or the failure of any kiosk, electronic equipment, computer or cellular transmissions, or network connections, any such attempted entries will be null and void.

B. Free Mail-in Method of Entry: To enter Sweepstakes without a kiosk entry, without purchase, without the possibility of receiving coupons and without becoming a Rewards Key holder, hand print on a piece of paper your complete name, address, city, state, postal code and daytime phone number. Mail entry to Universal Promotions Inc., P.O. Box 193, Bethel Park, PA 15102, Attn: Harveys Groceries For A Year Kiosk Sweepstakes. Each entry must be mailed in a separate, hand addressed stamped envelope, postmarked and received by the dates outlined below in Rule #3. No mechanically reproduced or photocopied entries are permitted. Sponsor and UPI are not responsible for lost, late, stolen, misdirected, damaged, undeliverable, illegible, unintelligible, postage due, or incomplete entries which will be disqualified.

General Guidelines for Entrants:

There is a limit of one entry per person, per Rewards Key, per day during the Sweepstakes Period regardless of the eligible method of entry used to enter into Sweepstakes. For the purpose of this Sweepstakes “per day” is defined as a twenty four (24) hour period beginning at 12:00 a.m. Eastern Time (ET) and ending at 11:59:59 p.m. Eastern Time (ET). To request a free Rewards Key visit www.harveys-supermarkets.com, click on “Harveys Hometown Rewards” key, then click on “apply now”, and complete and submit the registration form. Entrants may also sign up for a Rewards Key by visiting any Harveys and filling out a paper application. A Rewards Key must be registered, and processed to enter the Sweepstakes via the kiosk method. There is a two (2) week minimum for Rewards Key registration processing. If for any reason whatsoever data is not available to contact a potential prize winner, the entry will become null and void and the entrant will be disqualified from the Sweepstakes. Any other attempted form or method of entry, except those outlined above will void that entrant’s entry and that entrant will be disqualified from the Sweepstakes. For the purpose of this Sweepstakes UPI reserves the right to verify the eligibility of any Rewards Key, any entrant and any potential prize winner. An entrant may be required to produce proof of identity, address, and/or birth date. All entrants agree by attempting to enter into this Sweepstakes, they will be bound by these Official Rules and the decisions of the Sponsor and UPI, which shall be final in all respects, and all entrants and attempted entrants waive any right to claim ambiguity in this Sweepstakes or these Official Rules. No groups, clubs or organizations may reproduce or distribute any portion of these Official Rules to its members. Each entrant must submit an entry on entrant’s own behalf. Any entry submitted on behalf of another individual or using another person’s Rewards Key, and/or identity will be disqualified and ineligible to claim any prize. All entries and related materials become the sole property of the Sponsor and/or UPI and will not be returned. Sponsor and/or UPI will not verify receipt of entries. False or deceptive entries or acts, including misrepresentation of age, shall render such entries ineligible. By entering this Sweepstakes, entrant affirms that entrant has read the Official Rules and accepts the conditions set forth in these Official Rules. Proof of sending and/or swiping a Rewards Key under the card reader at a kiosk will not be deemed to be proof of receipt by Sponsor/UPI. Only one prize per person, per household is permitted. In the event an entrant wins a prize, and is later found to be in violation of these Official Rules, entrant will be required to forfeit the prize or, if the violation is discovered after the prize winner has used or redeemed the prize, to reimburse Sponsor or UPI for the stated approximate retail value (hereinafter referred to as “ARV”) of the prize listed in these Official Rules.

3. SWEEPSTAKES PERIOD AND IMPORTANT DATES FOR PARTICIPATING: Sweepstakes Period begins at 12:00 a.m. Eastern Time (ET) and ends at 11:59:59 p.m. Eastern Time (ET). UPI time clock is the official clock for this Sweepstakes. See chart below for definition of Sweepstakes Period, Sweepstakes Entry and Mail-in Post Mark Period Date, Sweepstakes Mail-in Received By Date, and Sweepstakes Period On or About Drawing Date. UPI, whose decisions are final in all matters relating to this Sweepstakes, will conduct one random drawing on or about the date listed below.

Sweepstakes Period Sweepstakes Entry & Mail-in Post Mark Period Date Sweepstakes Mail-in Received By Date Sweepstakes Period On or About Drawing Date
1 3/30/11 – 4/26/11 4/30/11 5/3/11


4. PRIZES, ODDS AND DRAWINGS: There will be one (1) prize winner randomly selected on or about 5/3/11, from all eligible entries received from all eligible methods of entry. For the prize package, a dollar amount specified below will be provided to the prize winner for the prize winner to use toward the payment of taxes associated with prize. The prize winner will receive a prize package consisting solely of the following: a) Harveys Gift Cards with an approximate retail value “ARV” of five thousand two hundred ($5,200) dollars; and b) one thousand seven hundred fifty ($1,750) dollars awarded as a check payable to the order of the prize winner, to be used to pay towards the taxes assessed on the prize value that are the responsibility of the prize winner. The approximate retail value (“ARV”) of the prize package is six thousand nine hundred fifty ($6,950) dollars. Any difference between the stated approximate retail value (“ARV”) and the actual value of the prize package will not be awarded to the prize winner. Gift Cards are not redeemable for cash and will not be replaced if lost or stolen. Harveys Gift Cards have no cash value. Prize package is non-transferable in whole or in part, except at the discretion of the Sponsor and/or UPI. No substitutions or cash redemptions except at the discretion of Sponsor and/or UPI, in which case a prize of equal or greater value will be awarded. Sponsor and UPI reserve the right, to substitute a prize (or component thereof) of equal or greater value in the event the prize is unavailable or for any reason whatsoever. Prize winner shall bear all risk of loss or damage to prize upon being awarded to prize winner. Sponsor and UPI are not responsible for any fees, costs, or additional charges resulting from an entrant/prize winner entering Sweepstakes and/or being awarded and/or receiving and/or using a prize. All properly claimed prizes will be awarded, provided a sufficient number of eligible entries are received. Any unclaimed prizes will not be awarded. ODDS OF WINNING will depend upon the number eligible entries received throughout the Sweepstakes Period.

5. REQUIREMENTS OF POTENTIAL PRIZE WINNER: Winning a prize will be subject to verification of eligibility. Potential prize winner must continue to comply with the Official Rules; and winning is contingent upon fulfilling all requirements. Prize winner accepts and will be bound to the terms and conditions of these Official Rules, Affidavit of Eligibility/Liability Release Form (hereinafter referred to as “Affidavit”) and prizes. Prize winner will be responsible for paying all applicable taxes (including but not limited to all local, state and federal taxes) on all prizes awarded. Prize winner will be required to; a) complete and return to UPI, within the date specified, a notarized “Affidavit” and where permitted by law a Publicity Release form, b) prize winner will be issued an IRS Form 1099 by UPI (as required by law) reflecting the actual value of prizes won, and will be required to furnish his/her social security number to UPI, for tax reporting purposes.

6. PRIZE WINNER NOTIFICATION: UPI will make one attempt to notify a potential prize winner by either mail and/or by a mobile/landline phone number, and/or by a valid email address, to either an address, email address and/or phone number that was provided at the time of entry into the Sweepstakes. A prize notification package will be sent to the potential prize winner containing a letter of potential prize winner status, the Sweepstakes Official Rules, “Affidavit”, and where lawful, Publicity Release Form. Non-response by the potential prize winner for any reason whatsoever, not meeting eligibility requirements, not complying with the Official Rules, not having the “Affidavit” notarized, choosing to decline the prize or any component of the prize, submitting a response after the allocated response by date, UPI not receiving the required documents or receiving the required documents after the specified date will result in potential prize winner forfeiture of prize. Sponsor and/or UPI are not responsible for any change in entrant’s name, mailing address, mobile or landline phone number or email address. If attempted notification is returned as undeliverable, attempted notification is not acknowledged, if prize winner cannot be verified, if any mail is returned to UPI as undeliverable without any forwarding address, if prize winner is disqualified, or if prize winner is unable to accept the prize as stated for any reason whatsoever, the prize will be forfeited without compensation of any kind and at the Sponsor’s and UPI’s discretion, an alternate potential prize winner may be selected. The value of the prize is taxable as income to the prize winner. The prize winner is solely responsible, at his/her own cost, for all matters relating to the prize, including but not limited to, all federal, state and local taxes. It is the potential prize winner’s responsibility to seek independent counsel regarding tax implications. The prize winner’s name, city and state will be disclosed on a Winners List which will be distributed upon request and as required by law. Entry into the Sweepstakes by an entrant/prize winner and acceptance of the prize offered, constitutes permission (except where prohibited by law) for Sponsor and/or UPI to use said entrant’s/prize winner’s name, photograph, likeness, statements, biographical information, voice, address (city and state), in all forms of media worldwide, in perpetuity, without limitation, notice or further compensation.

7. CONDITIONS: Failure to comply with these Official Rules and the decisions made by the Sponsor or UPI may result in the entrant being disqualified from the Sweepstakes. Any entry obtained outside of an authorized, legitimate channel, not in compliance with these Official Rules, or made via robotic, automated, mechanical, macro, programmed or like method will void all such entries and disqualify any entrant using such methods. The use of automated software or computer programs to register for Sponsor’s programs or enter the Sweepstakes is prohibited. Any entrant who uses or attempts to use such methods to register for Sponsor’s programs or to enter Sweepstakes will be disqualified, and that entry will become null and void. Sponsor and UPI reserves the right to disqualify any person found or suspected of, tampering with the entry process, or the operation of this Sweepstakes, acting in violation of these Official Rules, acting in a non-sportsmanlike or disruptive manner, or acting with intent to annoy, abuse, threaten, or harass any other person. Any entrant who attempts to enter the Sweepstakes; with multiple identities, uses any other device or artifice to enter multiple times and/or that is not in accordance with the method or number of allowable entries into the Sweepstakes as outlined in the these Official Rules, or interferes with the proper entry of this Sweepstakes will be disqualified. ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEBSITE OR INTERFERE WITH THE OPERATION OF THE SWEEPTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR AND/OR UPI RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor and/or UPI to enforce any provision of these Official Rules shall not constitute a waiver of that provision.

8. RELEASE AND LIMITATIONS OF LIABILITY: BY PARTICIPATING IN THIS SWEEPSTAKES ENTRANT AGREES TO RELEASE AND HOLD HARMLESS SPONSOR, UPI, AND THEIR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS FROM ANY AND ALL LIABILITY FOR ANY INJURIES (INCLUDING EMOTIONAL DISTRESS). LOSSES AND/OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING DEATH, OR PROPERTY ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY PRIZE OR RESULTING FROM AWARDING, ACCEPTANCE, NOTIFICATION, POSSESSION, USE, MISUSE, LOSS OR MISDIRECTION OF ANY PRIZE OR RESULTING FROM PARTICIPATING OR INABILITY TO PARTICIPATE IN THIS SWEEPSTAKES PROMOTION OR ANY SWEEPSTAKES PROMOTION OR PRIZE RELATED ACTIVITIES. Sponsor, UPI, and their parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors and shall not have any obligation, responsibility or liability, including any responsibility to award any prize to entrants, with regard to:(1) Entries and/or prize claim documents that are forged or altered or contain inaccurate information or do not comply with or violate these Official Rules; (2) Entries, prize notification packages/prize claim documents, “Affidavits”, where lawful Publicity Release Forms that are lost, late, incomplete, illegible, unintelligible, damaged, garbled, misaddressed, postage due or misdirected, for errors, omissions, interruptions, deletions, defects or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of kiosk, computer hardware, software, communications devices or transmission lines or data corruption, theft, destruction, unauthorized access to, or alteration of, entry materials, loss or otherwise; (3) Electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in an entrant’s e-mail account to receive e-mail messages; failures or malfunctions of phones, phone lines or telephone or data transmission systems; interrupted or unavailable network, server or other connections; any error omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or any technical problem (4) Any typographical errors resulting in errors of printing of Sweepstakes offer/administration, announcement of prize winner and/or prize, or any errors of any kind that may result in the selection and notification of a prize winner; (5) Entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming a prize; (6) Any inability of the prize winner to accept the prize in whole or in part for any reason whatsoever; (7) If a prize cannot be awarded to a prize winner due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather, war, fire, labor dispute or strike, transportation interruption or any similar event beyond the Sponsor and UPI’s reasonable control; (8) Human error, unauthorized human intervention, inaccurate capture or mis-entry of any required information; and (9) Any entrant, prize winner or any other person for damage to such person’s computer or its contents and/or mobile phone. Entrant/prize winner acknowledges he/she will release and hold harmless Sponsor, UPI for any claims or causes of action based on publicity rights, defamation or invasion of privacy and the condition and features of a prize, merchandise delivery, be it a prize or potential prize winner notification package. Sponsor and UPI reserve the right to correct any typographical errors or any errors pertaining to this Sweepstakes for any reason whatsoever. Proof of submitting information is not considered to be proof of delivery or receipt. If for any reason whatsoever the Sweepstakes (in whole or in part) is not capable of running as planned due to but not limited to, tampering, unauthorized intervention, fraud, technical difficulties or failures or any other causes which the Sponsor and UPI have deemed could corrupt or affect the administration, security, integrity, fairness, or proper conduct of this Sweepstakes, the discretion of only the Sponsor and/or UPI reserve the right to cancel, modify, suspend or terminate the Sweepstakes.

9. DISPUTES: Except where prohibited, by participating, entrant, prize winner agree that all issues and questions concerning the construction, validity, interpretation, administration, and enforceability of the Official Rules, or the rights and obligations of an entrant and/or prize winner and Sponsor, UPI, shall be governed by and construed exclusively in accordance with the laws of the state of the Georgia without giving effect to any principles of conflicts of law of any jurisdiction and that: (1) any and all disputes, claims, and causes of actions arising out of, or connected with the Sweepstakes, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating, but in no event attorney’s fees; (3) under no circumstances will any entrant and/or prize winner be permitted to obtain awards for and 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. By entering the Sweepstakes, all participants agree to be subject to jurisdiction in the Federal and State courts of the state of Georgia and agree that all disputes relating in any way to this Sweepstakes must be resolved in the Federal and State courts of Georgia.

10. PRIVACY STATEMENT: Sponsor’s privacy policy can be accessed by visiting www.harveys-supermarkets.com

11. SPONSOR: J.H. Harvey Co., LLC, 727 Davis Street, Nashville, GA 31639

12. SWEEPSTAKES CO-SPONSOR: Universal Promotions Inc., (UPI), 3561 Valley Drive, Pittsburgh, PA 15234.

13. WINNERS LIST: To obtain the list of prize winners, send a self addressed, stamped envelope to Universal Promotions Inc., P.O. Box 193, Bethel Park, PA 15102, ATTN: HARVESY GROCERIES FOR A YEAR KIOSK SWEEPSTAKES WINNERS LIST. Requests must be received by September 30, 2011.

14. OFFICIAL RULES: For a copy of these Official Rules, go to www.harveys-supermarkets.com/Promotions/rules.

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