Hess Toy Truck 60th Anniversary GIVEAWAY (THE “GIVEAWAY”)
OFFICIAL RULES (THE “RULES”)
Entrants may participate in a “comment-to-win / post-to-win giveaway” on Instagram and/or Facebook.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS GIVEAWAY IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH META (INSTAGRAM OR FACEBOOK).
1. Eligibility. Hess Corporation (“Sponsor”) is the sponsor of this Giveaway. This Giveaway is open only to those who are 18 years of age or older as of the date of entry. This Giveaway is only open to legal residents of the 50 United States and the District of Columbia and is void where prohibited by law. Sponsor’s employees, affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Affiliated Employees”) and immediate family members (including spouses, children, siblings, parents) and/or those living in the same household of Affiliated Employees are not eligible to participate in this Giveaway. This Giveaway is subject to all applicable federal, state, and local laws and regulations.
2. Agreement to Rules. By entering this Giveaway (pursuant to Section 4 of these Rules), each person entering the Giveaway (“Entrant”) agrees to be fully and unconditionally bound by these Rules, and Entrant represents and warrants that Entrant meets the requirements set forth in Section 4. In addition, Entrant agrees to accept the decisions of Sponsor as final and binding as they relate to the content of this Giveaway.
3. Giveaway Period. Entries to this Giveaway will be accepted on Facebook and Instagram starting at 9 am ET on June 21, 2024, and ending at 11:59 pm ET on July 31, 2024 (the “Giveaway Period”).
4. How To Enter. Sponsor will announce the Giveaway on posts on Sponsor’s official Instagram and Facebook pages (@hesstoytruck) beginning June 21, 2024, at 9am ET (the “Giveaway Post”). The Giveaway must be entered during the Giveaway Period. There are three ways to enter. Entrant must Follow @HessToyTruck on Facebook and/or Instagram and then also complete one of the following:
- (a) Like one of the Facebook Giveaway Posts and comment on the same liked Facebook post with an appropriate Hess Toy Truck personal picture or video (e.g., with you or your family and Hess Toy Trucks or your Hess Toy Truck collection); OR
- (b) Like any one of the Facebook Giveaway Posts and post an appropriate Hess Toy Truck personal picture or video with the tag #Hess60 to Entrant’s publicly viewable Facebook page (Posts setting toggled to “Public”) OR
- (c) Like one of the Instagram Giveaway Posts and post an appropriate Hess Toy Truck personal picture or video with the tag #Hess60 to Entrant’s publicly viewable Instagram page (Account Privacy setting toggled off).
If method of entry is (b) or (c) above, Post settings and Account Privacy settings must remain in place until winner selection is complete. Each Entrant may submit up to a maximum of two entries: one on Facebook and one on Instagram. The entry must fulfill all requirements of this Giveaway, as specified herein, to be eligible to win a prize. Entries that are incomplete or do not adhere to the Rules may be disqualified at the sole discretion of Sponsor. If Entrant uses fraudulent methods or otherwise attempts to circumvent these Rules, such Entrant’s submission may be removed from eligibility at the sole discretion of Sponsor.
5. Prizes. The winners of this Giveaway (individually and collectively, “Winner(s)”) will each receive one (1) 2024 60th Anniversary Hess Toy Truck and one (1) 60th Anniversary Hess Toy Truck Poster (the “Prize”), subject to all rules and restrictions as stated herein. The retail value of the Prize is estimated at $70.00. Please note that approximate retail value of the Prize may vary based on geographical region. Prizes will not ship to Winners prior to November 1, 2024. The specifics of the Prize shall be solely determined by Sponsor. The Prize is nontransferable. Any and all Prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner(s). No substitution of the Prize or transfer/assignment of the Prize to others or request for the cash equivalent of the Prize by any Winner(s) is permitted. Acceptance of the Prize constitutes permission for Hess to use each Winner’s first name and first initial of their last name, geographical location, post, and entry for purposes of advertising or marketing without further compensation, unless prohibited by law.
6. Odds. The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification. From the entries received within the Giveaway Period, sixty (60) random qualified Entrants will be selected and deemed Winner(s) within 90 days of the Giveaway Period ending. To be eligible for the Giveaway, an Entrant must, during the Giveaway Period, and for ninety (90) days thereafter, ensure the account they use to enter is the entrant’s public (not private) profile for the Hess social media team to see and contact. Winner(s) will be notified by Sponsor within sixty (60) days following the Giveaway Period via the Instagram or Facebook account associated with Winner(s)’ winning entry. Specifically, Sponsor will reply to Winner(s)’ comment directing Winner(s) to send a direct message via Instagram or Facebook, so that Winner(s) can provide Sponsor with Winner(s)’ full name, birth date, email address, and shipping/mailing address for the prize. Sponsor is not responsible for Winner(s)’ failure to receive notices due to failure to check messages, comments or inboxes, or due to spam, other security settings or notification settings or for Winner(s)’ provision of incorrect or otherwise non-functioning contact information. Winner(s) will only be contacted once. If Winner(s) cannot be contacted (or fails to respond to Sponsor within 30 days of notification), is ineligible, or fails to claim the Prize within 30 days after notification, the Prize will be forfeited. No alternate Winner(s) will be selected. Receipt by Winner(s) of the Prize offered in this Giveaway is further conditioned upon Winner(s)’ compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER(S) (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN WINNER(S)’ DISQUALIFICATION AS WINNER(S) OF THE GIVEAWAY, AND ALL PRIVILEGES AS WINNER(S) WILL BE IMMEDIATELY TERMINATED. ANY PRIOR VIOLATION OF THE WEBSITE TERMS AND CONDITIONS (FOUND AT https://hesstoytruck.com/terms/) WILL DISQUALIFY A WINNER.
8. Additional Terms & Conditions. If for any reason this Giveaway is not capable of running or is disrupted as planned by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, actions by Facebook or Instagram, or any other causes beyond the control of Sponsor, which in the sole opinion of Sponsor corrupts or affects the administration, security, fairness, integrity or proper conduct of this Giveaway, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend this Giveaway and select Winner(s) in accordance with the procedures described above. Sponsor reserves the right, in its sole discretion, to disqualify any Entrant who tampers or attempts to tamper with the entry process or the operation of this Giveaway or otherwise violates these Rules, including these Terms & Conditions. Sponsor reserves the right, in its sole discretion, in order to maintain the integrity of this Giveaway, to void entries for any reason. Any attempt by an Entrant to deliberately damage any Hess Corporation website, or Sponsor’s social media page(s), or undermine the legitimate operation of this Giveaway may be a violation of criminal and civil laws. Should such attempt be made, Sponsor reserves the right to seek damages to the fullest extent permitted by law. Entrant agrees that, when participating in this Giveaway, Entrant will not engage in any illegal and/or inappropriate activities. As a condition of participating in this Giveaway, Entrant agrees that the posted comments and images/videos remain theirs to own and grants Sponsor a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display any entry (including each Entrant’s posted comment(s) and images on the Giveaway Post) for any valid business purpose, without any additional attribution or compensation to Entrant.
9. Limitation of Liability. By participating in this Giveaway, Entrant agrees to release and hold harmless Sponsor, administrator, the Prize suppliers, and their respective advertising and promotional agencies, and their respective affiliates, officers, directors, employees, representatives and agents, and Instagram and its affiliates, officers, directors, employees, representatives and agents (individually and collectively, the “Released Parties”) from and against any and all liability for any injury, loss, or damage to persons, including death, and/or property, litigation or claim due in whole or in part, directly or indirectly, from: (i) such Entrant’s participation in this Giveaway and/or Entrant’s acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or this Giveaway; and (v) electronic or human error in the administration of this Giveaway or the processing of entries.
10. Dispute Resolution. Except where prohibited by law, as a condition of participating in this Giveaway, Entrants/Winners agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Giveaway, or the Prize awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in the state of New York; Entrants/Winner submit to sole and exclusive personal jurisdiction to said courts in the state of New York for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys' fees; and (c) under no circumstances will Entrants/Winners be permitted to obtain awards for and Entrants/Winners hereby waive 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of Entrants/Winners and Sponsor in connection with this Giveaway shall be governed by, and construed in accordance with, the laws of the state of New York, without giving effect to any choice of law or conflict of law rules of provisions (whether of the state of New York, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of New York.
11. Severability. If any article, part, term, sentence, or provision of these Rules is determined to be invalid for whatever reason, all of the remaining articles, parts, terms, sentences, and provisions of these Rules will remain in full force and effect as if the invalid item were deemed not to be part of these Rules.
12. Entire Agreement. These Rules constitute the entire agreement between Sponsor and each Entrant.
13. Privacy Policy. Sponsor will collect personal data from Entrant when Entrant enters this Giveaway, and this information will be used for the purposes of administering this Giveaway, publicizing this Giveaway, other promotional purposes, and any marketing purpose that may benefit Sponsor. Information collected from Entrant is subject to Sponsor’s privacy policy (the “Privacy Policy”). To read the Privacy Policy, click here: https://hesstoytruck.com/privacy-policy/. By submitting an entry, Entrant consents to Sponsor’s use of Entrant’s name, geographical location, likeness, prize information and other information collected through this Giveaway for (i) promotional and marketing purposes in any medium without additional compensation to the extent permitted by law, and (ii) marketing to Entrant by Sponsor. Furthermore, Entrant represents and warrants Entrant owns or has the right to any pictures, videos, or other personal representations in any Post or comment posted or submitted by Entrant.
14. Winners List. To obtain a copy of the Winner(s)’ list, Email your request with the subject line “Winner List Request - 60th Giveaway” to hesstoytruck@hess.com Requests must be received no sooner than August 1, 2024 and no later than September 30, 2024. Hess reserves the right to publish the winner list up to 180 days after the Giveaway ends.
15. Sponsor. Hess Corporation is the sponsor of this Giveaway. Sponsor’s principal place of business is located at 1185 Avenue of Americas, 40th Floor, New York, New York 10036, USA. By participating in this Giveaway, Entrant has affirmatively reviewed, accepted, and agreed to all of the Rules.