1. HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCES OF WINNING. The sweepstakes begins on July 25, 2012 at 12:00:01 a.m. Central Time ("CT") and ends on October 5, 2012 at 11:59:59 p.m. CT (the "Entry Period"). Administrator's computer is the official time keeping device for this sweepstakes. During the Entry Period, eligible participants will receive an email inviting them to participate in an Online Order Survey from H-E-B. Enter the contest by submitting the survey and providing H-E-B with contact information. Only one entry allowed per entrant.
2. ELIGIBILITY: H-E-B Online Order Survey Sweepstakes (the "Sweepstakes") is open only to legal residents of Texas who are at least 18 years of age and older on the date of entry. Sweepstakes not open to employees of H-E-B Grocery Company, LP ("Sponsor" or "H-E-B") and their respective parent subsidiaries, affiliates, advertising and promotion agencies, retailers, distributors (collectively, "Sweepstakes Entities"), and their immediate family members (i.e., parents, siblings and children and their spouses) and/or those living in the same household of each are not eligible to enter or win. Subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All federal, state and local laws apply.
Limit: Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's plays/entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
3. SWEEPSTAKES DRAWING: Sponsor will randomly select the potential Sweepstakes winners in San Antonio, Texas, from all eligible entries on or around October 8, 2012. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION INCLUDING THE SEQUENCE AND SUFFICENCY OF ENTRIES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF NOTIFIED OF SELECTION AS A POTENTIAL WINNER, UNLESS AND UNTIL ENTRANT'S ELIGIBILITY, AND THE POTENTIAL SWEEPSTAKES WINNERS HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED.
4. WINNER NOTIFICATION: Potential winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential Sweepstakes winners will be notified by mail, email or phone. Each potential Grand Prize winner will be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release (except where prohibited), which must be received by Sponsor within ten (10) days of the date notice or attempted notice is sent, in order to claim the prize. If a potential winner of any prize cannot be contacted, fails to sign and return the Affidavit of Eligibility, Liability and Publicity Release within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits prize. In the event that a potential Grand Prize winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. No more than three (3) alternate drawings will be conducted; in the event that no eligible winner is confirmed after such attempts, the prize will not be awarded. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Promotion.
5. PRIZES: TEN (10) GRAND PRIZES: Each Grand Prize winner will receive one (1) $100 H-E-B Gift Card Approximate Retail Value ("ARV"): $100. Gift card prizes are subject to applicable terms and conditions, including dormancy fees if any and may not be used for the purchase of alcohol or tobacco. Odds of winning a prize depends on the number of eligible entries received during the Promotion Period. No cash equivalent and all prizes are non-transferable 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. Winners are responsible for all taxes and fees associated with prize receipt and/or use. At its option, Sponsor may issue documentation of any prize value to the Internal Revenue Service or other appropriate tax authorities.
6. GENERAL: Entrants on their behalf, and or behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns agree to release, defend, indemnify and hold harmless Sweepstakes Entities, and those working on their behalf, and each of their respective officers, directors, representatives, employees, agents, successors and assigns from any damage, injury, death, loss or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or in any way relate to any Entrant's participation in this Sweepstakes or the awarding, acceptance, use or misuse of any Prize, including any travel related activities. Any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, shall be resolved individually, without resort to any form of class action. This Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Texas, regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in San Antonio, Texas, and by entering; each Entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Each Entrant agrees to service of process by mail or other method acceptable under the laws of the State of Texas. ANY CLAIMS JUDGEMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEYS' FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. In the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein, due to events, including but not limited to , fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared of undeclared) or any federal, state, or local government law, order, or regulation, or order any court or other causes not within Sponsor's control, Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any party of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor is not responsible for any typographical or other error in printing of the offer, administration of the Sweepstakes or in the announcement of any winner or Prize. Entry materials/data that have been tampered with or altered, or mass Entries or Entries generated by a script, macro or use of automated devices are void. The Sponsor is not responsible for: (i) lost, late, misdirected, damaged, illegible Entries; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Entry materials, or (iii) the failure of any third party to comply with the instructions and proper administration of this Sweepstakes. By participating in the Sweepstakes, Entrant agrees to be bound by these Official Rules, including all eligibility requirements. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: permanently disqualify any individual from any Sweepstakes it sponsors it believes has intentionally violated the Official Rules; or tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes 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. In the event that any term or provision of these Official Rules are determined by a court of competent jurisdiction to be unenforceable, that term or provision shall be stricken, and the remainder enforced in a manner consistent with the objectively expressed intent of the Official Rules.
7. PUBLICITY: Except where prohibited, participation in the Sweepstakes constitutes winner's consent to Sponsor's and its agents' use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
8. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (1) 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; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) 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 Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
10. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than October 31, 2012. To obtain the winner's list, send a self-addressed, stamped envelope to: H-E-B Online Order Survey Sweepstakes, ATTN: Digital Marketing, 646 South Main Avenue, San Antonio, Texas 78204.
11. Sponsor: HEB Grocery Company, LP, 646 S. Main Ave., San Antonio, TX 78204.