NO PURCHASE NECESSARY TO ENTER OR WIN
This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Hess Corporation and not to Instagram.
1. Contest Period: “Hess Cast My Kid” Contest (the “Contest”) starts March 12, 2019 at 12:00 a.m. Eastern Time (“ET”) and ends April 15, 2019 at 11:59 p.m. ET (“Contest Period”).
2. Eligibility: Open to legal residents of the 50 United States and the District of Columbia, 18 years of age or older as of date of entry who are parents/legal guardians of children between the ages of 6 and 14. Employees of Hess Corporation (the “Sponsor”), Don Jagoda Associates, Inc., their respective affiliates, parents, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies (collectively, the “Sponsor and its Administrators”), and its affiliates and each of their respective employees, shareholders, directors, officers, members, assigns and agents and their immediate family members and/or those living in the same household of each are not eligible to win. Void where prohibited by law. Contest is subject to all applicable federal, state and local laws.
3. How To Enter: During the Contest Period, parents/legal guardians of children between the ages of 6 and 14 may enter by visiting the Instagram application using their own account (the “App”), following @hesstoytruck, posting a video of their child/children singing the Hess Toy Truck jingle with the hashtag #HessCastMyKid, and tagging @hesstoytruck (the “Entry”). The Entry must be no shorter than 15 seconds and no longer than 30 seconds. Suggested lyrics may be found at https://hesstoytruck.com/CastMyKid. You must have a public Instagram account. If you do not have an Instagram account, and you would like to create one for free, download the free Instagram app to your mobile device at either the Apple® App Store or the Google® Play store. Your “Entry” (as defined below) must include a video, the hashtag and have @hesstoytruck tagged to be eligible. Your Entry must be posted in accordance with the Instagram Terms of Use (http://instagram.com/about/legal). Potential winner will be required to show proof of being the authorized account holder of the Instagram account associated with the entry. You may enter each of your eligible children but an individual child may only be depicted in one Entry. All Entries must be completed and submitted by 11:59 p.m. ET on April 15, 2019, to be eligible. The person posting the Entry will be deemed the entrant (the “Entrant”). The Entrant must be the parent/legal guardian of child/children depicted in the Entry; Sponsor reserves the right to only determine one child if more than one child is depicted. In the event of a dispute as to the identity of an Entrant, the Entrant will be deemed the account holder of the Instagram account used to submit the Entry. The Entry must: 1) be complete to be eligible; 2) be the property of the Entrant. Sponsor has the sole discretion to determine whether a submission qualifies as an Entry. Any Entry not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified. By entering, you understand and agree that your Entry may (in Sponsor’s sole discretion) be posted online for consumers to view on Sponsor-selected sites. Sponsor may only be posting select videos (in their sole discretion). Sponsor reserves the right to remove any posted Entries, in its sole discretion, even if the Entry has already been made available to the public. As applicable, normal Internet access and usage charges imposed by Entrants’ online/mobile service may apply.
4. Entry Requirements, Representations and Warranties:
You acknowledge and agree to the following with respect to each Entry you submit: By entering, you agree to waive any rights you may have to the Entry submitted. Sponsor may blur or black out infringing material, in their sole discretion. Entries become the property of the Sponsor and will not be acknowledged. Entrants and winner acknowledge and agree that their Entries become the property of the Sponsor, which thereby has the right to edit, adapt, modify, reproduce, promote and otherwise use Entries in any way it sees fit. Instagram is not affiliated with this in any way and is not responsible for the administration of the Contest or the awarding of the prize. No endorsement or approval of Contest by Instagram is expressed or implied. Automated, script, macro or robotic Entries submitted by individuals will be disqualified. Entries may be posted or reposted the Sponsor’s website/Instagram account, and may be posted on other non-affiliated websites, in Sponsor’s sole discretion. Any Entry not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified.
- Entry must be in English, but may also include other languages.
- Entrant must be the parent or legal guardian of anyone depicted in the Entry.
- The Entry may contain an introduction, dialogue, repeated lyrics, non-lexical vocals (e.g., yeah, oh, la la la, uh-huh, etc.) and original embellishments (e.g., “beatbox” sounds, vocal percussion, etc.) Entrant’s child/charge depicted in the Entry must follow the same melody of the Hess Toy Truck jingle, found at https://hesstoytruck.com/CastMyKid.
- Any child/charge depicted in Entry must not be represented by an agent or be a member of the Screen Actors Guild.
- Videos must be a minimum length of 15 seconds to a maximum length of 30 seconds.
- The Entry, or portion thereof, must not contain obscene, profane, lewd, defamatory or inappropriate content, or be disparaging to Sponsor, as determined in Sponsor’s sole discretion.
- Entry must not, and you represent and warrant that it will not, violate or infringe any third-party copyright, trademark, trade dress, logos (excluding Sponsor or permitted song melody), or other proprietary right of any entity or person (living or deceased), including, but not limited to rights of privacy, publicity or portrayal in a false light.
- Entry must not make reference to any commercial/corporate advertising, including but not limited to corporate logos, brand names (other than Sponsor’s), slogans, political, or religious statements, or be otherwise objectionable.
- Entry must not include any representation or likeness of celebrities, athletes, musicians, or any other public or private figure (living or dead unless you have express permission), any commercial solicitation or promotional materials or last name, address, phone number, or URL address.
- Entrants and all submitted Entries must be in keeping with the image or message of the Sponsor in its sole discretion, or Entry will be disqualified from the Contest.
- Entry must be your sole original work and may not have been submitted previously in a sweepstakes of any kind or previously exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means.
- You must own all rights in the Entry and have the right to grant Sponsor a license to use the Entry (including any material embodied in the Entry).
- Any Entry deemed inappropriate or unsuitable, in Sponsor’s sole discretion, will be rejected during the screening process. Entry must be suitable for a family/general audience.
- Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- The Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor and its Administrators or their products or other people, products or companies.
- Entries must be created during the Contest Period.
Entry must not contain content that is known by you to be false, inaccurate or misleading.
5. Winner Determination: Finalists, Judging and Winner Notification: All Entries will be judged by Sponsor-selected judges (“Judges”) on or about April 30, 2019 based on the following criteria: Perceived Personality (40%); Enthusiasm/Energy (30%); and Performance (30%) (the “Judging Criteria”), to determine ten (10) Finalists. Any tied Entries will be re-judged by the judges based 100% on Perceived Personality to determine the applicable Finalist(s). Potential Finalists will be initially notified by direct message on Instagram and must respond to the direct message within twenty-four (24) hours of notification attempt or prize may be forfeited and an alternate winner may be determined. Potential Finalists will then be required to sign and return, an Affidavit of Eligibility and liability and publicity release and assignment of rights (“Affidavit”), except where prohibited, within three (3) days of notification. If a potential Finalist fails to reply to direct message within twenty-four (24) hours, fails to return the completed Affidavit within three (3) days, or if affidavit is returned as undeliverable or if a potential Finalist is deemed ineligible, an alternate Finalist may be determined. Affidavit will be sent to potential Finalists via email. Once Finalists complete and return the required Affidavit and are deemed eligible, each Finalist’s child will continue to the secondary judging round via video chat interview (“Interview”) with his/her winning parent/legal guardian present. Finalists will be notified via email to schedule the Interview. Sponsor will determine date/time and duration of Interview. Failure to respond within 48 hours of notification attempt or failure to participate in the Interview during the scheduled time will result in disqualification. Finalists will then be re-judged based 100% on the Interview to determine one (1) Grand Prize winner and nine (9) Runners-Up. Any tied winners will be re-judged by the judges based 100% on Perceived Personality to determine the winner(s). Judges’ decisions are final with respect to all matters relating to the Contest. Potential Grand Prize winner will be required to sign and return a Grand Prize acceptance form (except where prohibited by law) and a Release of Liability on behalf of his/her child within forty eight (48) hours of notification via email or the prize may be forfeited and alternate Grand Prize winner may be determined. By participating, Entrants agree to the Official Rules and the decisions of the Judges, which shall be final and binding in all respects.
6. Prizes and Approximate Retail Values (“ARV”): GrandPrize (1): A minimum 3-day/2-night trip for winning parent/legal guardian and the child depicted in the winning entry to Minneapolis, MN during the summer of 2019 for winner’s child to participate in a Hess Toy Truck commercial filming/production (the “Commercial”). Trip will include round-trip coach class air transportation to/from the major airport nearest the winner’s home city to Minneapolis, MN, two (2) nights hotel accommodations (based on double occupancy) and a check for $600 to be used towards meals and transportation (ARV: $3,000). Runners-Up Prizes (9): A Silver Edition 2019 holiday Toy Truck (ARV: $100.00). Grand Prize winner’s guest must be his/her child/charge and must be the child depicted in the Entry (and must be the child selected by the Judges if more than one child was depicted in the Entry). All details of the Commercial are in Sponsor’s sole discretion and winner must agree to all aspects prior to filming and he/she may need to execute additional documents prior to filming. If it’s determined that filming will take one day longer, Grand Prize winner and his/her child must stay for the duration of the trip but timing will be confirmed prior to departure. Sponsor shall own all rights in and to the Commercial and winner agrees that Sponsor owns all rights to the Commercial and all footage contained therein and Sponsor may use that footage/Commercial and use/edit/advertise it as they see fit. Prizes are awarded “as is” without any warranty or guaranty of any kind, and tickets are subject to all of the ticket issuer’s terms and conditions. No substitution or transfer of prize permitted except at the sole discretion of the Sponsor who reserves the right to substitute a prize of equal or greater value in the event the prize is unavailable.
7. General: The App’s computer timestamp is the official timekeeper for purposes of this Contest. Winners and all Entrants, as a condition of entry into the Contest, agree to release and hold harmless Sponsor and its Administrators, each of their respective agencies, parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development and execution of the Contest (collectively the “Released Parties”) from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with submitting an Entry or otherwise participating in any aspect of the Contest, the receipt, ownership or use of prize awarded or any typographical or other error in these Official Rules or the announcement or offering of the prize. Winners assume all liability for any injury or damage caused, or claimed to be caused by participation in the Contest or use or redemption of the prize. Acceptance of prize constitutes permission to use winners’ names, likenesses, Entries for promotional purposes (including any possible public relations opportunities) without further compensation except where prohibited by law. By entering, Entrant accepts and agrees to be bound by these Official Rules. Entries will be declared to be made by the authorized account holder of the Instagram account or email address associated with the Entry. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Contest; violates the Official Rules; acts in an unsportsmanlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any other person. The Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in the Contest which may limit the ability to participate, or by any human error which may occur in the processing of the Entries in the Contest. Entries generated by script or bot are not eligible. Sponsor reserves the right to cancel, terminate or modify the Contest if it cannot be completed as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or corruption of any sort. In such event, Sponsor will award the prizes from eligible Entries received prior to cancellation as outlined above. As a condition of entering the Contest, Entrant (or parent/legal guardian if entrant is a minor in his/her state of residence) agrees that: 1) under no circumstance will entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages; 2) all causes of action arising out of or connected with the Contest, or prize awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, but in no event will Entrant be entitled to receive attorneys’ fees or other legal costs.
8. Winners: For the names of the winners, available after June 30, 2019, send a stamped, self-addressed envelope by July 30, 2019 to: “Hess Cast My Kid” Contest - Winners, 100 Marcus Drive, Dept. EG, Melville, NY 11747.
9. Sponsor:Hess Corporation, Hess Corporation, 1185 Avenue of Americas 40th Floor, New York, NY 10036.