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HERSHEY®’S KIT KAT CANDY BAR BREAK TIME ANYTIME CONTEST

KBXX/Houston

OFFICIAL RULES

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR

CHANCE OF WINNING. THE HERSHEY®’S KIT KAT BREAK TIME ANYTIME

CONTEST (“CONTEST”) ENTRY PERIOD BEGINS 9/6/10, AND ENDS 9/12/10 (THE

“CONTEST PERIOD”). CONTEST ONLY OPEN TO LEGAL U.S. RESIDENTS OF

THE 50 UNITED STATES AND D.C. WHO ARE 18 YEARS OF AGE OR OLDER AT

TIME OF ENTRY. VOID IN PUERTO RICO AND WHERE PROHIBITED.

1. HOW TO ENTER: NO PURCHASE NECESSARY TO PARTICIPATE IN CONTEST.

There is one (1) way to enter. ENTER CONTEST at http://www.kbxx.com.

INTERNET: Visit http://www.kbxx.com during the Sweepstakes Entry Period and click

on the icon, banner or text link to access the Sweepstakes entry page. Follow

the online instructions to complete the Official Online Entry Form and submit as

instructed to register for sweepstakes. Online entries must be received by no

later than 11:59 p.m. ET on 9/12/10 to be eligible to win. Limit ONE (1) online

entry per name per e-mail address per each consecutive twenty-four (24) hour

period. The Hershey Company’s (“Sponsor”) computer is the official time

keeping device for this sweepstakes. Proof of e-mailing does not constitute proof

of delivery or entry. Any attempt to submit more than the maximum number of

entries using multiple/different email addresses, identities or any other methods

may void that participant’s entry. Entries generated by a robotic, programmed,

script, macro or other automated means will be disqualified. All entry information

becomes the property of the Sponsor.

2. PRIZES: The grand prize is one (1) iPod touch 32 GB and one (1) $35 iTunes gift

card. Approximate Retail Value: $360 (TOTAL ARV: $360). Limit one (1) prize per

name, address and/or household. The difference between any stated value and actual

value will not be awarded to winner.

3. ELIGIBILITY: Contest open only to legal U.S. residents of the 50 United States and

D.C. who are 18 years of age or older at time of entry. Employees, officers, and

directors of Sponsor, its parent, subsidiaries, divisions, affiliates, suppliers, printers,

distributors and advertising, promotional and judging agencies, (and their respective IRS

dependents, immediate family members [parents, children, siblings and spouse]) and

individuals residing in their same household (whether or not related) (collectively,

“Sponsor and Promotion Parties”) are not eligible to participate or win.

4. GENERAL TERMS: No substitution of prize is offered, no transfer of prize to a third

party is permitted, and prize may not be redeemed for cash value (unless at the sole

discretion of Sponsor). Void wherever prohibited or restricted by law. Prize winner will

be solely responsible for all applicable federal, state and local taxes on prize. If

applicable, winner may receive an IRS Form 1099 from KBXX for the retail value of the

prize. All other expenses on the receipt and use of the prize not specifically mentioned

herein are solely the responsibility of the winner. Each winner’s first initial, last name,

hometown and state will be disclosed on Winner’s List which will be distributed upon

request and as required by law. No groups, clubs or organizations may reproduce or

distribute any portion of these Official Rules to its members. All entrants, as a condition

of entry, agree to be bound by these Official Rules and the decisions of the judges.

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5. WINNER NOTIFICATION: Potential winners will be notified by mail, phone, or email

at the address, phone number, or email address provided at the time of entry. If winner

notification is returned as undeliverable without a forwarding address or if winner is

found to be ineligible or otherwise not in compliance with these Official Rules, prize will

result in forfeiture. Daily Prize winner will be required to sign and return an Affidavit of

Eligibility with (where lawful) a Publicity Release within fourteen (14) days of attempted

winner notification as indicated by the date on the Affidavit. Failure to return any

required documents within fourteen (14) days may result in prize forfeiture. If applicable,

allow 2-3 weeks for shipment of prize following completion of notification process.

Prizes will only be delivered to addresses within the United States.

6. CONDITIONS: All entrants, as a condition of entry into the Contest, agree to release

Sponsor and Promotion Parties from and against any and all liability, claims or actions of

any kind whatsoever for injuries, damages, or losses of any kind to persons including

death or property which may be sustained directly or indirectly with the receipt,

ownership, use or misuse of any prize awarded or for any typographical or other error in

these Official Rules or the announcement of offering of any prize. The winner shall bear

all risk of loss or damage to their prize after it has been delivered. In consideration for

the possibility of winning a prize as outlined herein, except for residents of Tennessee

and where prohibited by law, winners grant permission for Sponsor (and agree to

confirm such agreement in writing) and those acting pursuant to Sponsor’s authority to

use his/her name, photograph, biographical information, voice and/or likeness and prize

information, for advertising, trade and promotional purposes without further

compensation, at any times or time, in all media now known or hereafter discovered

world wide and on the Internet and/or World Wide Web without notice or review or

approval.

7. LIMITATIONS OF LIABILITY: Sponsor assumes no responsibility for telephone

service outages, delays, busy signals, equipment malfunctions and any other

technological difficulties that may prevent an individual from completing his/her

telephone call. Sponsor reserves the right, at its sole discretion, to disqualify any

individual it finds to be tampering with the entry process or operation of Contest or to be

acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or

harass any other person.

CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO

DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE

OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS

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.

8. DISPUTE RESOLUTION: Except where prohibited, by participating, you agree that

all issues and questions concerning the construction, validity, interpretation and

enforceability of these Official Rules, or the rights and obligations of participant(s) and

Sponsor, shall be governed by and construed exclusively in accordance with the laws of

the Commonwealth of Pennsylvania without giving effect to any principles of conflicts of

law of any jurisdiction and that: (a) any and all disputes, claims and causes of action

arising out of or connected with this Contest shall be resolved individually, without resort

to any form of class action; (b) any and all claims, judgments and awards shall be limited

to actual out-of-pocket costs incurred, including costs associated with participating, but

in no event attorneys’ fees; and (c) under no circumstances will any participant be

permitted to obtain awards for and hereby waives all rights to claim punitive, incidental

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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.

9. WINNER’S LIST: For the Winner’s List (first initial, last name, city, and state), send a

self-addressed stamped envelope to: Kit Kat Break Time Anytime Contest, KBXX, 24

Greenway Plaza, Suite 900, Houston, Texas 77046, by 9/12/10.

10. SPONSOR: The Hershey Company, 100 Crystal A Drive, Hershey, PA.

©2010 The Hershey Company.

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