Hess “Spring Pizza Oven” Promotion
Official Rules
 
NO PURCHASE NECESSARY.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. NO CONSUMPTION OF ALCOHOL IS REQUIRED TO PARTICIPATE.
 
1. Eligibility: Hess “Spring Pizza Oven” Promotion (the “Promotion”) is open only to legal residents of Colorado, Georgia, Illinois, Louisiana, Missouri, Nevada, New Mexico, Ohio, Oklahoma, and Texas who are at least twenty-one (21) years old at the time of entry (the “Entrant”).  Persons in any of the following categories are not eligible to participate or win a prize:  (a) persons who are employees, officers or agents of Hess Persson Estates or Administrator (as defined below) and their respective parent companies, affiliates, divisions, subsidiaries, suppliers, distributors and the service agencies or independent contractors of any of the above organizations; (b) suppliers, distributors, or retailers of alcohol beverage products, and any other alcoholic beverage industry members; (c) individuals engaged in the development of, the production or distribution of materials for, or the implementation of this Promotion; or (d) agents, officers, employees of, family members of (where “family member” means a spouse, parent, sibling, child, son-in-law, daughter-in-law, and lineal descendants, including those by adoption), persons in the immediate family of, or persons living in the same household as any person in any of the preceding categories (a) through (c).  Subject to all applicable federal, state, and local laws and regulations.  Void outside of CColorado, Georgia, Illinois, Louisiana, Missouri, New Mexico, Ohio, Oklahoma, and Texas and wherever else prohibited by law.  Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Promotion.  Winning a prize is contingent upon fulfilling all requirements set forth herein.  
 
2. Sponsor:  Hess Persson Estates, 4411Redwood Rd, Napa, CA  94558.
 
3. Administrator: NYMBLE Agency Inc., 4032 Masonboro Loop Road, Unit 101, Wilmington, NC  28409. 
 
4. Timing:  The Promotion begins on February 15, 2022 at 12:00 AM Eastern Standard Time (“ET”) and ends on July 31, 2022 at 11:59 PM ET (the “Promotion Period”).  Administrator’s computer is the official time-keeping device for the Promotion. 
 
5. How to Enter:  Visit www.hessselectsweeps.com (the “Website) and follow directions to enter this Promotion. Entrants must fully complete and submit all required information on the online entry form to be eligible, including, name, state, email, phone, and retail location. Incomplete entries are void. Entrant must come back each day of the Promotion to complete the online entry form to receive one (1) entry per day.
 
Limit:  Limit one (1) entry per person per calendar day (an Entrant may only enter with one email address each day – additional entries by the same person via additional email addresses will be void and subject Entrant to disqualification). There is a total of ninety (90) entries per person for the entire Promotion.  One entry per calendar day (for purposes of this Promotion, a “calendar day” is defined as beginning at 12:00 AM ET and ending at 11:59 PM ET on any one (1) calendar date).? 
 
Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities or registrations, or any other methods will void that Entrant’s entries and that Entrant may be disqualified.  Use of any automated, robotic, repetitive, programmed or similar entry methods or agents to participate is prohibited and will result in disqualification. 
 
In the event of a dispute as to any participation, the authorized account holder of the email address used to enter will be deemed to be the Entrant. "Authorized account holder" of the email address is defined as the natural person who is assigned to an email address by an Internet Access Provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted e-mail address.? A potential prize winner may be required to show proof that he/she is the authorized account holder or resident of the physical address provided at the time of entry. All entries submitted become the sole property of Sponsor and will not be acknowledged or returned.  Message and data rates may apply for entries submitted via mobile devices. Check your mobile plan for rates/details.
 
6. Winning/Odds:  Administrator is an independent judging organization whose decisions as to the administration and operation of the Promotion and the selection of the potential prize winners are final and binding in all matters related to the Promotion. On or about August 1st, 2022, thirty seven (37) prize winners (each a “Prize Winner”) will be selected in a random drawing from among all eligible entries received for the respective retail location during the Promotion Period. Odds of winning a prize depends on the number of eligible entries received for the respective retail location during the Promotion Period.  Total number of Prize Winners to be selected for each retail location is as follows:
 
Colorado- Liquor Store/King Soopers/Safeway: Two (2) Prize Winners
Georgia- Kroger: Twelve (12) Prize Winners
Louisiana- Kroger/Rouses/Total Wine & More/Other Retailers- Two (2) Prize Winners
Nevada- Raley’s/Lee’s/Other Retailers- Two (2) Prize Winners
Illinois - Jewel Osco, Marianos, - Four (4) Prize Winners
Missouri- Schnucks/Straubs/HyVee/Other Retailers- Two (2) Prize Winners
New Mexico- Smiths/United/Military- One (1) Prize Winner
Ohio- Chateau Wine and Spirits- One (1) Prize Winner
Ohio- Arrow Wine and Spirits - Two (2) Prize Winner
Oklahoma- Homeland/Crest/Reasors/Byrons- One (1) Prize Winner
Texas- Kroger: Three (3) Prize Winners
Texas- Heb: Three (3) Prize Winners
Texas- United Market Street: Two (2) Prize Winners
 
 
7. Prize Notification/Claim: Potential Prize Winners will be notified via email on or about five (5) days following the Promotion end date (the “Notification”).  If a potential Prize Winner cannot be contacted or does not respond to the Notification, if he/she is otherwise ineligible as determined by the Sponsor or the Independent Administrator in their sole discretion, or if he/she refuses to accept the prize, then such potential Prize Winner forfeits his/her right to the prize and the prize will not be awarded.  
 
To become the Prize Winner, the potential Prize Winner must comply with these Official Rules.
 
The awarding of the prize is subject to verification by the Sponsor whose decisions are made based at their sole discretion.  Sponsor’s interpretation of these Official Rules is final and binding in all respects. The potential Prize Winner is not a Prize Winner of any prize until his/her eligibility has been verified by Sponsor. 
 
8. Prizes: Each Prize Winner will receive an Ooni Koda 12 Gas Powered Pizza Oven having an approximate retail value (“ARV”) of $430.92.  Total ARV of all Prizes to be awarded is $15,944.04
 
Any prize pictured in advertising or promotional materials is for illustrative purposes only and may not be the actual prize awarded. PRIZE IS AWARDED “AS IS” WITHOUT WARRANTIES, EXPRESSED OR IMPLIED, AS TO THEIR QUALITY OR CONDITION AND SPONSOR EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
 
Prizes are nontransferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason.  Prize Winner is responsible for all taxes and fees associated with the prize award, receipt and/or use. 
 
9. Release:  In exchange for the right to participate in the Promotion, the Prize Winner agrees to release and hold harmless Sponsor, Administrator, and their respective parent companies, subsidiaries, affiliates, divisions, suppliers, distributors, advertising/promotion agencies, and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in or in connection with the Promotion or receipt or use or misuse of any prize.  Released Parties are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause.  The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. 
 
10. Publicity:  Except where prohibited, participation in the Promotion constitutes the Prize Winner’s consent to Sponsor’s and its agents’ use of the Prize Winner’s name, likeness, photograph, voice, quotes, statements, opinions, biographical information and/or hometown and state for promotional purposes in any media now known or hereinafter invented, worldwide, without further payment or consideration. By participating in the Promotion, the Prize Winner agrees that their name, image or likeness may be electronically displayed via the Internet or other form of digital dissemination, extending to all manner and media whatsoever, throughout the universe in perpetuity, free and clear of any claims for royalties, residuals or other compensation.  All Entrants understand and agree that any recourse or claim for damages based on Sponsor, Administrator, or their agents’ use of Prize Winner’s name, image, information or likeness in accordance with this paragraph is hereby expressly and forever waived, and that such express waiver does and shall bind all heirs, survivors, successors, transferees, licensees and assigns of my right of publicity. 
 
11. General Conditions:  Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, without notice, for any reason at Sponsor’s sole discretion, including in the event of any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules, any other promotion or applicable law, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By playing the Promotion and accepting a prize, the Prize Winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in the Promotion or prize-related activity.  Prize Winner understands and agrees that Sponsor has the right, in their sole discretion, to disqualify the Prize Winner if he/she violates the policies of these Official Rules; and, in such a case, the Prize Winner will forfeit all remaining elements of the prize and still be solely responsible for all taxes and other expenses related to the prize.

12. Limitations of Liability:  The Released Parties are not responsible for:  (a) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, traffic congestion, or disconnections in phone lines or network hardware or software whether originating with Entrant, Sponsor, or any third party; (c) unauthorized human intervention in any part of the entry process or the Promotion; (d) technical or human error which may occur in the administration of the Promotion or the processing of entries; (e) late, lost, undeliverable, misdirected, illegible, damaged, postage due, incomplete, incorrect, stolen entries; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Promotion or receipt or use or misuse of any prize.  If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Promotion, unless it is not possible to award another entry due to the date of discontinuance for any or all of the prizes offered herein. In the event of a discontinuance of the Promotion, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance, and in no event will more than the number of prizes stated in these Official Rules be awarded. 
 
13. Disputes:  THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF TEXAS, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES.  As a condition of participating in this Promotion and/or accepting an awarded prize, each Entrant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a court located in Texas having jurisdiction.  Further, in any such dispute, under no circumstances will Entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., evidenced costs associated with entering this Promotion), and Entrant further waives all rights to have damages multiplied or increased. 
  
14.  Winner List:  For the name of the prize winners, send a self-addressed, stamped envelope by September 1, 2022 to Hess “Spring Pizza Oven” Promotion NYMBLE Agency Inc., 4032 Masonboro Loop Road, Unit 101, Wilmington, NC  28409.  Prize Winner’s first name, last initial, city and state will be published in the winner’s list. Requests will be fulfilled after all Prize Winners are verified.
 
ENJOY RESPONSIBLY. ©2022 THE HESS PERSSON ESTATES.