#HowDoYouSmore Contest Rules

OFFICIAL #HowDoYouSmore CONTEST RULES (“OFFICIAL RULES”). NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. All federal, state, and local laws and regulations apply—void where prohibited by law. Submitting an entry constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor (defined below), which shall be final and binding on all matters relating to the #HowDoYouSmore Contest (“Contest”).

This Contest uses TikTok and Instagram as the means of entry. This Contest is not sponsored, endorsed, administered, associated with, or certified by TikTok or Instagram. Any questions, comments or complaints regarding the Contest must be directed to Sponsors, and not TikTok or Instagram. All TikTok logos and trademarks displayed on this Contest are property of TikTok. All Instagram logos and trademarks displayed on this Contest are property of Instagram.

ELIGIBILITY: To enter the Contest, you must, at the time of entry, (i) be a legal resident of the 48 contiguous United States or the District of Columbia, (ii) be 18 years of age or older, (iii) be physically located in the 48 contiguous United States or the District of Columbia, and (iv) have Internet access. Contest is void in Alaska, Hawaii, all areas outside of the 48 contiguous United States and the District of Columbia, and where prohibited by law. The Contest and any websites, webpages, and advertisements relating thereto are intended for viewing only within the United States. Entries received from persons residing outside of the eligible geographic areas or where prohibited by law will be disqualified. Employees, officers, and directors of The Hershey Company (“Sponsor”), Hashku, Inc. (“Administrator”), their respective parent companies, affiliates, subsidiaries, and advertising and promotion agencies (collectively, “Contest Parties”), their immediate families (parents, siblings, children, and spouses of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers, and directors, are ineligible to participate in this Contest.

TIMING: The Contest will have three (3) phases, as detailed below.

Contest Entry Period: Begins at 9:00:01 AM CT on June 10, 2023 and ends at 11:59:59 PM CT on June 22, 2023

Judging Period: Begins at 12:00:01 AM CT on July 1, 2023 and ends at 11:59:59 PM CT on July 5, 2023

Winner Announcement: The winner will be announced on or about July 11, 2023

HOW TO ENTER: To enter the Contest, you must have a TikTok or Instagram account. If you already have a TikTok or Instagram account, sign into your account. If you are not an existing member of TikTok or Instagram, you will be required to create an account. When you join TikTok or Instagram, you indicate that you have read and agree to accept the applicable Terms of Service and Privacy Policy. The use of these third-party platforms is governed by these and other third-party agreements. This Contest involves four influencers (each an “Influencer” and collectively, the “Influencers”). During the Contest Entry Period, each of the four Influencers will make a post on TikTok and Instagram with the hashtag #howdoyousmores. After the posts are made by the Influencers, there are two (2) ways to enter:

a. TIKTOK METHOD: To participate via the TikTok method, log in to your TikTok account during the Contest Entry Period and post a comment on or a video reply to the designated #howdoyousmore post which will be posted by each of the Influencers during the Contest Entry Period (“Entry”). Your Entry should include details of your favorite S'mores memory or explaining how you enjoy a S'more and must include the hashtag #howdoyousmore. No product purchase necessary.

b. INSTAGRAM METHOD: To participate via the Instagram method, log in to your Instagram account during the Contest Entry Period and post a comment on the designated #howdoyousmore post which will be posted by each of the Influencers during the Contest Entry Period (also an “Entry”). Your Entry should include details of your favorite S'mores memory or explaining how you enjoy a S'more and must include the hashtag #howdoyousmore. No product purchase necessary.

Limit: There is a limit of one unique Entry per person per Influencer during the Contest Entry Period, regardless of whether entering via the TikTok method or the Instagram method. If more than one unique Entry is received from the same person for the applicable Influencer during the Contest Entry Period, only the first Entry received will be considered valid. Your Entry must include details of your favorite S'mores memory or explaining how you enjoy a S'more that is unique. An entrant who attempts to enter more than the stated limit may be subject to disqualification from the Contest. If it is discovered or suspected that a person has attempted to enter or upload Entries using multiple e-mail addresses, identities, or TikTok or Instagram accounts, all of that person's Entries may be declared null and void and that person will not be awarded any prize that he/she might have been entitled to receive and such prize may be forfeited, at the Sponsor's sole and absolute discretion.

REQUIREMENTS OF CONTEST ENTRIES: Once an Entry is made, it cannot be changed, altered or modified. Entries may not contain, as determined by the Sponsor, in its sole discretion, any content that:

By submitting an Entry, you acknowledge and agree that Sponsor may receive other Entries under this Contest that may be similar or identical to the Entry submitted by you, and you waive any and all claims you may have had, may have, and/or may have in the future, that any other Entry reviewed and/or used by Sponsor may be similar to your Entry and you understand that you will not be entitled to any compensation because of Sponsor's use of such other similar or identical material. Each entrant warrants and represents that his/her Entry complies with the conditions set forth in this section. Non-complying Entries will be subject to disqualification.

In the event of a dispute as to the identity of the entrant, the post will be considered made by the authorized account owner of the TikTok or Instagram account at the time the post was submitted. “Authorized account owner” of an e-mail address is the natural person in whose name the e-mail address has been issued. A selected winner may be asked to provide Sponsor with proof that the selected winner is the registered owner of the said account. If a dispute cannot be resolved, the Submission will be deemed ineligible. Use of automated devices not valid for entry in the Contest. Sponsor may at its sole discretion disqualify anyone who violates the Official Rules or undermines the integrity of the Contest by disabling cookies, using any form of automatic entering, or any other form of manipulation.

WINNER SELECTION AND NOTIFICATION: The potential winners will be determined by a panel of qualified judges selected by the Sponsor, based on the following criteria: creativity, originality, relevance to the brand, and adherence to the Entry requirements. The judges will review all eligible Entries for each Influencer and then select one (1) winner per Influencer. There will be a total of four (4) winners. The judges' decisions are final and binding in all matters related to this Contest. Odds of winning a prize depends on the number of eligible Entries received during the Contest Entry Period for the applicable Influencer and the skill of the entrant. Winner will be notified via the TikTok or Instagram account which the winner entered the Contest. Winner will have seven (7) days to respond via the e-mail address provided in the winner notification post with: their name; shipping address; email address; telephone number; birth date to confirm that they are 18 years of age or older; and the winner's prize choice ranked from first choice through fourth choice. If any prize notification or any prize is returned as undeliverable, the prize will be awarded to an alternate winner. We do not ship to P.O. boxes. All notification requirements, as well as other requirements within these Official Rules, will be enforced.

PRIZE: There will be four (4) prizes (each a “Prize” and collectively, the “Prizes”) available for selection by the winners in this Contest. The available Prizes and applicable approximate retail value (“ARV”) of each Prize are as follows:

The custom painting of the Prizes will be completed by artist Timmy Ham. The total ARV of all Prizes is $1,401.67.

Only one Prize per person and per household will be awarded. Prizes are first come first serve and will be awarded to the winners based on each winner's ranked Prize choices in the winner's response to the winner notification, as follows: (a) the first winner to respond to the winner notification will receive the winner's first-choice Prize; (b) next winner to respond will receive the winner's first choice Prize unless the Prize is no longer available and, in that case, the winner will receive the winner's second choice Prize; and (c) the final winner to respond will receive the Prize that has not been chosen by the first two responding winners. Prizes cannot be transferred, redeemed for cash, or substituted by winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if the Prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The ARV of the Prize represents Sponsor's good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the Prize turns out to be less than the ARV, the difference will not be awarded in cash. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items.

This Contest is open to legal residents of eligible locations and Prizes will only be awarded and/or delivered to addresses within said locations. All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the Prize winner. Failure to comply with the Official Rules will result in forfeiture of the Prize.

REQUIREMENTS OF POTENTIAL WINNERS: Potential winners may be required to complete and return 1) an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) and 2) an IRS Form W-9 and furnish his/her social security number that will be used only for the purpose of reporting the Winner's Prize earnings to the Internal Revenue Service, as required by law within seven (7) days of being notified. If a potential winner fails to sign and return the required documentation within the required time period, he/she will be disqualified, and an alternate entrant may be selected in his/her place.

RELEASE: By participating in the Contest, participants agree to release, discharge, and hold harmless the Contest Parties from any and all injuries, liability, losses, and damages of any kind resulting from participation in the Contest or acceptance, use, or misuse of any Prize including, without limitation, personal injury, death, and property damage.

TAXES: All federal, state, local, or other tax liabilities, including but not limited to income taxes or like amounts in connection with a winner's award, acceptance, or use of a Prize arising from this Contest will be the sole responsibility of each winner.

DISQUALIFICATION: If an entrant is found to be ineligible, or if he/she does not comply with the Official Rules, then such entrant will be disqualified. If a prize, prize documentation, or prize notification is returned as undeliverable or unclaimed, this will result in disqualification. In the event an entrant is deemed ineligible or disqualified for any reason under the provisions of the Official Rules, then an alternate potential winner will be selected from among all eligible Entries received during the appropriate Contest Entry Period, if time permits.

PUBLICITY: As a condition of entry into the Contest, except where prohibited by law, each entrant by entering and the winner by accepting a Prize (defined above) grants to Sponsor and Sponsor's affiliates, legal representatives, assigns and licensees, all right, title and interest in and to publicize, broadcast, display and/or otherwise use the Contest entrant's name, e-mail, city, state and biographical material in any media now known or hereafter devised throughout the world in perpetuity for advertising and publicity purposes, without additional review, compensation, permission or approval.

PRIVACY: Entry in the Contest constitutes consent to the transfer of the personal information collected from the entrant to the Sponsor for the purposes of administering the Contest, for future marketing and promotions, and for such other purposes to which entrant may consent as outlined herein or on the Contest website. All information submitted to Sponsor as part of this Contest will be treated in accordance with the Privacy Notice of the Sponsor located at https://www.thehersheycompany.com/en_us/home/privacy-policy.html. More specifically, Sponsor may collect information that you provide to enter the Contest and will use personal information you provide to enter the Contest to actually conduct the Contest.

LIMITATIONS ON LIABILITY: By entering, each entrant agrees: (a) to be bound by these Official Rules and any other documents required by Sponsor herein and by the decisions of the Sponsor, and to waive any right to claim ambiguity in this Contest, the Official Rules, or any other documents required by Sponsor herein; (b) to indemnify, defend, and hold harmless Sponsor and its respective officers, directors, employees, shareholders, representatives, affiliates, and agents (collectively, the “Released Parties”), from and against any and all liability, claims, losses, damages, demands, causes of action, penalties, and expenses arising out of or related to any statement, action, or failure to act by entrant during or in connection with his/her participation herein and/or any breach or alleged breach of these Official Rules or of any other documents required by Sponsor and; (c) not to sue and to hereby irrevocably and unconditionally release, waive, and forever discharge the Released Parties, from any and all liabilities, claims, and demands of any kind or nature whatsoever, in law or equity, whether known or unknown, which entrant (or entrant's successors-in-interest, heirs and/or agents) ever had, now have, or in the future may have against the Released Parties, including, but not limited to claims arising out of or related to personal injury (including death) and/or damage, theft, loss, or any other harm resulting in whole or in part, directly or indirectly, from (i) participation in the Contest or any Contest related activity; (ii) the acceptance, possession, misuse, or use of the Prizes; (iii) the use of any of the rights granted herein (including, without limitation, the use and exploitation of the entrant's name, address [city and state], biographical information, statements, voice, photograph, and/or other likeness); (iv) any malfunction or other problem with the Contest website; (v) any error in the collection or retention of entry information, and (vi) any typographical or other error in the printing, offering, or announcement of any Prize.


Sponsor is not responsible for lost, late, stolen, misdirected, undeliverable, or incomplete Entries due to system errors or failures or faulty transmissions or other telecommunications malfunctions; and/or Entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, or garbled computer or telephone transmissions, typographical or system/human errors and failures, or faulty transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, cable connections, or satellite transmissions, computer online systems, servers or providers, computer equipment, or Entries not received by Sponsor on account of technical problems or traffic congestion on the Internet or at a website, or any combination thereof, including other telecommunication, cable, digital, or satellite malfunctions which may limit an entrant's ability to participate. Sponsor is also not responsible for any malfunction of the social platform(s) or error in the collection, processing, or retention of entry information.

TERMINATION/ MODIFICATION OF CONTEST: If for any reason this Contest is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity, fulfillment, or proper conduct of the Contest, the Sponsor reserves the right at its sole discretion to terminate, modify, or suspend the Contest and to select the winners by conducting a random drawing from those eligible Entries received up to the time of the termination/suspension. Sponsor may also disqualify or prohibit an entrant from participating in the Contest or winning a prize in this or any other promotion conducted by Sponsor if, at its sole discretion, it determines that said entrant has violated the Official Rules or has threatened or is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick-entry programs), or intending to annoy, abuse, threaten, or harass any other entrants, Sponsor or Sponsor representatives. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY'S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

DISPUTES: This Contest is subject solely to the applicable federal, state, and local laws of the United States; provided, however, that except where prohibited, entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate Federal or state courts located in Pennsylvania; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental, and consequential damages and any other damages and any and all rights to have damages multiplied or otherwise increased, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Pennsylvania or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania. Any action or proceeding arising from, relating to or in connection with the Contest, the prize, these Official Rules, will be brought exclusively in the federal or state courts located in Pennsylvania, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

RULES/WINNERS LIST: To receive a list of the winners or an additional copy of these Official Rules, hello@hashku.com with the subject line REQUEST RULES/WINNERS LIST.

SPONSORS: The Hershey Company, 19 E Chocolate Avenue, Hershey, PA 17033;

ADMINISTRATOR: Hashku Inc, 409 SW A St., Bentonville, AR 72712;