HOSTESS® Baseball Classic Ballpark Instant Win Game Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN ALASKA, HAWAII AND WHERE PROHIBITED. Game starts on or about May 5, 2008 at 12:00 AM Central Time (“CT”) and is scheduled to end on June 30, 2008 at 11:59 PM CT ("Game Period"). Sponsor’s clock shall be the official clock of the game. Who may enter: The HOSTESS® Baseball Classic Ballpark Instant Win Game (the “Game”) is open 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 and older (or the age of majority in the participant’s state of residence, whichever is greater as of May 5, 2008). 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 “Game Entities”), are not eligible to participate. This Game 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 play the Game if you are not located in the United States (excluding Alaska and Hawaii).
How to play: There are three methods to play: Online method: 1) From May 5, 2008 through June 30, 2008 look for a Game Code in or on specially marked multi-packs and snack packs of HOSTESS® Baseballs, HOSTESS® TWINKIES®, HOSTESS® Chocolate CupCakes, HOSTESS® Golden CupCakes, HOSTESS® DONETTES® frosted mini-donuts, and HOSTESS® DONETTES® powdered mini-donuts (each an “Eligible Product”) while supplies last. 2) Visit www.hostesscakes.com and click on the Hostess Baseball Classic Ballpark Game link (collectively “Website”). Register online during the Game Period by accurately typing in the Game Code from the eligible product(s), your name, address, city, state, zip code, daytime phone number, e-mail address and date of birth and submit your registration. Once you submit your registration, an online game play will appear to inform you instantly if you are a potential winner. Limit one game play per person/per household/per e-mail address/per day via online method. Any attempt by an entrant to obtain more than the stated number of plays/entries by using multiple/different e-mail addresses, identities, registrations and/or logins, or any other methods will void that entrant’s plays/entries and that entrant may be disqualified. Mobile phone method: 1) From May 5, 2008 through June 30, 2008 look for a Game Code in or on Eligible Products while supplies last. 2) Using your mobile phone during the Game Period, text the Game Code to 4TRIPS (487477) to find out if you are a potential winner. 3) If “winner” message is received via text message on your mobile phone you will receive instructions on how to redeem your prize. Limit one game play per person/per mobile phone/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 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, daytime phone number, e-mail address and date of birth, and the name of one of the Eligible Products to: HOSTESS Baseball Classic Ballpark Instant Win Game Play Request, P.O. Box 5004, Freeburg, IL 62243-5004. Requests must be received by June 30, 2008. 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.
Winning: If you receive a “winner” message on your mobile phone, you will be instructed to go online and complete the online registration in order to claim your prize. You will be required to accurately provide your mobile phone number and Game Code along with your name, address, city, state, zip code, daytime phone number, e-mail address and date of birth. Print out a copy of your online prize claim confirmation for your records. If “winner” message is received via online game play, prize claim information will be provided via the website. All game plays and potential winning prize claims will be verified by independent judges whose decisions are final and binding in all respects. Sponsor will attempt to contact potential winners by mail and/or phone within 10 business days from end of the Game Period. 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. Limit one Prize household.
Prizes: Grand Prize (4): Each Grand Prize consists of four separate trips for winner and three guests to the following destinations: New York, Boston, Los Angeles and Chicago. Trips may be taken in sequence of winner’s choice but must be completed during the 2008 regular baseball season. Each trip will include 3 days/2 nights first class hotel accommodations selected by Sponsor, dual occupancy; round-trip coach class air transportation for four from a major commercial airport within the continental United States near winner’s home; vouchers good for 4 tickets to a professional major league baseball game in the destination city; and $250 spending money awarded to the winner in the form of a check. In the event winner takes some but not all of the Grand Prize trips, winner will not receive any cash refund for the difference between value of trips taken and approximate prize value. If winner does not wish to take any of the Grand Prize trips then he/she can opt to receive $5,000.00 in lieu of the Grand Prize. Grand Prize winner and travel companions must travel on the same itinerary and each itinerary must include the Grand Prize winner. Sponsor is not responsible for seat availability or flight time. Prize winners are responsible for transportation to and from 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. Grand Prize approximate retail value (“ARV”): $19,964.00. Actual value may vary based on airfare fluctuations and distance between departure and destination. Any difference between the stated approximate value of the Grand Prize and the actual value of the Grand Prize will not be awarded. Total ARV of all Prizes: $79,856.00. 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.
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 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.
Grand Prize Winners will be required to complete and return an affidavit of eligibility, liability and publicity release within 7 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 7 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. If any Grand Prizes remain unawarded at the conclusion of the Game Period, such prizes will be awarded in a random drawing of all entrants who provided accurate contact information and used the Online method or the Non-purchase method to enter.
General Rules Limitations of Liability: Sponsor, the Game 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 computer virus, 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. In such event it will honor verified, legitimate prize claims from entries received prior to the action and will to select winners for the remaining prizes by random drawing from all eligible, non-winning 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.hostesscakes.com. Sponsor is not responsible for lost, late, stolen, misdirected, damaged, illegible, incomplete or postage-due mail. Requests, entries, Game 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 mobile telephone game plays in excess of the limit 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 GAME 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 Game 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 or 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 Game Entities, their related and affiliated companies or to this Game and grants to Sponsor, the Game 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 Game 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.
Disputes: By participating in this Game, 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 Game 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.
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 GAME 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.
Winner’s List: To receive a winner’s list, send a self-addressed, stamped envelope before June 30, 2008 to: HOSTESS® Baseball Classic Ballpark Winner’s List, P.O. Box 158, Freeburg, IL 62243-0158.
Sponsor: IBC Sales Corporation, 12 East Armour Boulevard, Kansas City, MO 64111.