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Emmitt Smith's "My H-E-B" Sweeptakes Official Rules

SPONSORED BY H-E-B

NO PURCHASE NECESSARY TO ENTER OR WIN.  MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. 

1.   Entry Period:  The Emmitt Smith’s “My H-E-B” Sweepstakes (“Sweepstakes”), sponsored by HEB Grocery Company, LP (“H-E-B” or “Sponsor”), begins on February 4, 2007 at 8:00:01 p.m. Central Time (“CT”) and ends on Tuesday, February 6th, 2007 at 11:59:59 p.m. CT (the “Sweepstakes Period”).  All entries must be received by 11:59:59 p.m. CT on February 6th, 2007.  The computer clock of Sponsor’s webmaster is the official timekeeping device of the Sweepstakes.

2.   Eligibility:  The Sweepstakes is open to legal residents of Texas only, who are at least 18 years of age at time of entry. Employees, officers and directors of H-E-B, its divisions, subsidiaries, prize suppliers and  affiliates, and each of their respective  agents, advertising and promotion agencies and any other entity that develops, produces, or distributes materials for or related to this promotion, and members of the immediate families (defined for these purposes as including parents, spouse, children, siblings, grandparents, and each of their respective spouses) or households (whether related or not) of any of the above are NOT eligible to enter or win.   By participating in the Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the Sponsor which are final in all matters relating to the Sweepstakes.  The Sweepstakes is subject to all applicable federal, state and local laws and regulations, and is void outside Texas and where prohibited by law.

3.   How to Enter:  Log on to www.heb.com/emmitt  (the “Website”) during the Sweepstakes Period, and provide all information required to enter, including the correct answer to the question presented at the time of entry. You may determine the correct answer by viewing the commercial featuring Emmitt Smith at www.heb.com/emmitt.  After completing all information, follow the onscreen instructions to submit your entry.  Proof that you uploaded or submitted an entry does not constitute evidence that Sponsor or its designees actually received it within the Sweepstakes Period.  At the time of entry you will be required to acknowledge that you have read the Official Rules and the Website policies, and that you agree to be bound by all of them.     All entries become Sponsor’s property.

Five (5) winners will be selected in a random drawing from among all Qualifying Entries received in accordance with these Rules.  A Qualifying Entry is an entry that meets all of the requirements set forth in the Official Rules and correctly answers the question presented at the time of entry, as noted above.  Any entry that is incomplete or non-conforming, or that contains an incorrect answer to the question, will be disqualified. Whether an entry constitutes a Qualifying Entry by meeting the stated requirements shall be determined by, and at the sole discretion of, the Sponsor.  The random drawing shall occur on or about February 12, 2007 in San Antonio, Texas.
 
4.   Prizes:  There will be a total of five (5) prize winners, each receiving one (1) “Grand Prize” that consists of the following: 

Grand Prizes:  One jersey autographed by Emmitt Smith and one $150 H-E-B Gift Card. Approximate Retail Value (“ARV”): $850 per prize. Total ARV of all prizes in this Sweepstakes:  $ 4,250.

All 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.  Prizes consist only of items specified herein; all prize details not specified herein will be determined by Sponsor in its sole discretion.  No transfer or substitution of prizes (or any portion thereof) or cash alternative permitted, except as provided herein. Sponsor reserves the right to substitute a prize of equal or greater value in the event an advertised prize is unavailable.  All applicable taxes on prizes are the sole responsibility of the winners.  Sponsor is not responsible if prize is lost, stolen, damaged, and/or destroyed.  Odds of winning a prize depend on the number of Qualifying Entries received in accordance with these Rules.    Limit one (1) prize per household.

5.   Rights:  By participating, entrants hereby agree to release and hold harmless Sponsor, its affiliates, subsidiaries, divisions, and each of their respective directors, officers, shareholders, employees, agents, advertising and promotional agencies, and prize suppliers (collectively the “Releasees”) from and against any and all liability, or loss, damage, harm, injury, cost or expense of any kind which may occur in connection with use of the website (including but not limited to damage to entrants’ or others’ computer equipment resulting from participation), their participation in the Sweepstakes , or their acceptance, possession or use/misuse of any prize that may be awarded to them.  Each potential winner will be notified by email, telephone and/or postal mail and will be required to execute and return an Affidavit of Eligibility and Release of Liability/Publicity within ten (10) days of first attempted written prize notification or s/he may be disqualified and an alternate potential winner selected at random from among the remaining Qualifying Entries received. By accepting a prize, each winner consents to the use of winner’s name and/or likeness for advertising, promotion, public relations or trade purposes in commerce and in any media worldwide without limitation or additional notice or compensation.

6.   Entry Errors:  In the event of a dispute, entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry, provided such person meets the eligibility requirements of these Rules.  "Authorized account holder" means the natural person who was assigned an e-mail address by an Internet access provider or Internet service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each potential winner may be required to provide proof to Sponsor that he/she is the applicable authorized account holder. Sponsor reserves the right to void all entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method and to disqualify any individual using such a method.  Sponsor is not responsible for: (i) electronic or digital transmissions or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, or misdirected; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation of transmission, communication failures, destruction or unauthorized access to, or alteration of, entries; (iii) failed or unavailable hardware, network, software or telephone transmissions, damage to entrants’ or any person’s computer and/or its contents, or causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Sweepstakes; (iv) any entries submitted in a manner that is not expressly allowed under these rules; (v) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Sweepstakes, (vi) any typographical or other error in the printing or advertising of the offer, administration or execution of the Sweepstakes, or in the announcement of prizes/prize winners; or (vii) malfunctions or interference resulting from illicit, malicious or injurious code (including but not limited to viruses, worms, and denial of service attacks). If for any reason the  Sweepstakes cannot be executed as planned, including but not limited to transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right to cancel, modify or terminate the Sweepstakes and reserves the right, but not the obligation, to select winners from among all non-suspect Qualifying Entries received as of the date/time of such termination/cancellation or modification.
Sponsor reserves the right, at its sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the entry process or who enters using any automatic or programmed entry duplication method.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR OTHERWISE CORRUPT THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.  SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

7.   Disputes/Choice of Law:  Except where prohibited, by participating in this Sweepstakes, each entrant agrees that this Sweepstakes shall be governed by the laws of the State of Texas and: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Bexar County, Texas (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”), and (4) by entering, entrant waives all rights to claim Special Damages and all rights to have such damages multiplied or increased.

8.   Winners’ List:  For the names of the winners and/or a copy of the Official Rules, visit www.heb.com.  The Winners’ names will be posted after February 12, 2007, following the verification of all winners and the awarding of all prizes. 

9.   Sponsor:  This Sweepstakes is sponsored by HEB Grocery Company, LP. 646 South Main Avenue, San Antonio, TX 78204

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