NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING DEPEND UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED.
THE SWEEPSTAKES (defined below) IS SUBJECT TO THESE OFFICIAL RULES AND BY ENTERING, EACH ENTRANT UNCONDITIONALLY AGREES TO BE BOUND BY THEM.
The DIPPIN’ DOTS “TASTE THE FUN” SWEEPSTAKES (the “Promotion”) is open only to legal residents of the fifty (50) United States (including District of Columbia) who are at least thirteen (13) years old at the time of entry. Void in Guam, Puerto Rico, the U.S. Virgin Islands, and other U.S. territories and possessions, overseas military installations and where prohibited by law. Employees of Dippin’ Dots LLC or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Promotion and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year whether related or not) of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules 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.
BY ENTERING, YOU REPRESENT THAT YOU ARE AT LEAST THIRTEEN (13 YEARS OLD AT TIME IF ENTRY. By entering into the Promotion, you further represent and warrant that you either (i) are age 18 or over or (ii) are the parent or legal guardian of a minor at least thirteen (13) years old whose image is being used as entry into the Promotion and have the legal right to consent to and do hereby consent to these Rules on behalf of that minor.
Sponsor and Administrator: Dippin’ Dots, L.L.C., 5101 Charter Oak Drive, Paducah, KY 42001 (“Sponsor” or “Administrator”).
The Promotion begins on May 15, 2015 at 12:00 P.M. Central Time (“CT”) and ends on June 15, 2015 at 12:00 P.M. CT (the “Promotion Period”). Administrator’s computer is the official time keeping device for this Promotion.
To enter, take a photo of yourself with Dippin’ Dots product on your tongue and post the photo online via your personal Facebook, Twitter or Instagram page with the hashtags #TasteTheFun #DippinDots during the Promotion Period (an “Entry” or “Entries”). Hashtags must be present for the entry to be valid. Photos posted must be made public within the account and/or photo privacy settings.
Upon entry, entrant’s photograph will automatically be posted on Facebook, Twitter and/or Instagram pages maintained by Administrator and Sponsor
You will receive one (1) Entry into the Promotion upon successful completion and submission of the photo and hashtags. Administrator and Sponsor reserve the right to contact entrants via the Facebook, Twitter or Instagram profile used as part of this promotion.
Users without access to Facebook, Twitter or Instagram may enter online at www.dippindots.com/TastetheFun
Limit of one Entry per Facebook, Twitter or Instagram profile or online form (“Person”) per day during the Promotion Period. Multiple participants are not permitted to share the same Facebook, Twitter or Instagram account profile.
Use of any automated system to participate or submit an Entry is prohibited and will result in disqualification. Sponsor is not responsible for any lost, late, incomplete, invalid, unintelligible or misdirected Entry, which will be disqualified. In the event of a dispute as to any Entry, 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. Upon submission on an Entry, such Entry and the content contained with each Entry shall become the sole and exclusive property of Sponsor or Administrator and will not be returned.
By uploading a photo, entrant represents and warrants that s/he is at least thirteen (13) years old and has received all rights, releases and permissions which may be necessary from any individual appearing in the photo and from the photographer of the photo to grant this license for the use of the photo as stated. All photos must be formatted for upload per Facebook, Twitter or Instagram photo specifications if these sites are used for Entry.
Administrator shall have the sole right and discretion to disqualify any Entries that they deem to be obscene, vulgar, sexually explicit, lewd, derogatory, inappropriate, or otherwise not in good taste, as determined in Administrator’s sole discretion. Entries must not contain brand names or trademarks other than those of Sponsor, which entrant has a limited license to use for the sole purpose of creating and uploading an Entry in this Promotion. Entries must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created. Administrator may withdraw an entry at any time without notice.
Prize Drawing: On or about June 16, 2015, twenty-three (23) potential winners will be randomly selected from all eligible Entries received during the Promotion Period.
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY ADMINISTRATOR AND ADMINSTRATOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. WINNING PRIZES IS CONDITIONED ON ACCEPTANCE OF THESE RULES.
The potential winners will be notified by Facebook, Twitter or Instagram account profile used when posting the photo and will be required to respond to such notification with five (5) days of the first notification attempt to verify their Entry and acceptance of these rules. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within five (5) days of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected as detailed herein. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may (at Sponsor’s sole discretion) be selected. Sponsor may successively attempt to contact up to two (2) potential winners of each prize, in accordance with such procedure, and if there is still no confirmed winner of the prize in question after such attempts have been made, such prize may go unawarded.
SEVEN (7) GRAND PRIZE WINNERS: Seven Grand Prize winners will each receive one certificate redeemable for Dippin’ Dots Home Delivery for one, one-gallon shipment per month for 12 consecutive months (each, a “Grand Prize”). The Approximate Retail Value (“ARV”) of each Grand Prize is $719.28 (seven hundred nineteen and twenty eight dollars). Total Grand Prize AVR: $5,034.96
SIXTEEN (16) RUNNER UP PRIZE WINNERS: Sixteen Runner Up Prize winners will each receive one certificate redeemable for one Dippin’ Dots Home Delivery for one, one-gallon shipment (each, a “Runner Up Prize”). The Approximate Retail Value (“ARV”) of each Runner Up Prize is $59.98 (fifty nine and ninety eight dollars) USD. Total Runner Up Prize AVR: $959.68
No cash equivalent for the Grand Prizes or Runner Up Prizes (collectively, the “Prizes”). 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 any listed Prize for one of equal or greater value for any reason. Winner is responsible for all taxes and fees associated with Prize receipt and/or use. Odds of winning depends on the number of eligible entries received during the Promotion Period. Total AVR of all Prizes: $5,994.64
By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Administrator and/or the Sponsor which are binding and final in all matters relating to this Promotion; (b) release and hold harmless the Sponsor, the Administrator and each of their respective parent, subsidiary, and affiliated companies and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion, and all of their respective past and present officers, directors, managers, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, losses, damages, costs, fees, expenses (including reasonable attorney’s fees), and liabilities (collectively, “Losses”), including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s Entry, creation of an Entry or submission of an Entry, participation in the Promotion, acceptance or use or misuse of Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of Entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all Losses arising out of or relating to an entrant’s participation in the Promotion, creation or submission of an Entry, and/or entrant’s acceptance, use or misuse of a Prize.
Except where prohibited by law, entry into Promotion is irrevocable permission, authorization and license for the Administrator its members, managers, affiliates, employees, officers, and agents (“Authorized Persons”), to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use and permit others to use entrant’s name, image, likeness and appearance, voice, personal biographical information, hometown and state information, and all materials created by or on behalf of Administrator that incorporate any of the foregoing (“Materials”) on a perpetual basis throughout the world and in any medium or format whatsoever now existing or hereafter created, including but not limited to, in and on the internet, for any purpose in promotion of Administrator’s business and products, including but not limited to advertising, publicity, and promotion of the Promotion, without further consent from or royalty, payment or other compensation to entrant and entrant irrevocably transfers and assigns to Administrator his or her entire right, title and interest, if any, in and to the Materials and all copyrights in the Materials. Entrants further acknowledge and agree that they have no right to review or approve Materials before they are used by Administrator, and that Administrator has no liability for any editing or alteration of the Materials or for any distortion or other effects resulting from Administrator’s editing, alteration or use of the Materials. Administrator has no obligation to use the Materials or to exercise any rights provided herein.
To the fullest extent permitted by applicable law, entry into the Promotion constitutes irrevocable waiver of all legal and equitable rights relating to all liabilities, claims, actions, damages and expenses, including but not limited to claims for infringement, invasion of rights of privacy, rights of publicity or likeness, public disclosure of private facts, physical or emotional injury or distress or any similar claim or cause of action in tort, contract or any other legal theory, (collectively, "Claims") arising directly or indirectly from the Authorized Persons' exercise of their rights hereunder and the use and exploitation of the Materials, and forever releases and discharge the Authorized Persons from liability under such Claims.
Sponsor will maintain account information connected to specific Entries solely for the purpose of choosing Prize Winners and will not otherwise use, distribute, sell or maintain information of any entrant, unless that entrant is a Prize Winner.
IF ENTRANT IS CHOSEN AS A PRIZE WINNER, ENTRANT’S PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING ENTRANT’S NAME ON A WINNER’S LIST AS REQUIRED BY STATE LAW. BY ENTERING INTO THE PROMOTION, YOU AGREE TO USE OF YOUR IMAGE AND LIKENESS BY ADMINISTRATOR AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THESE RULES, INCLUDING THE ABOVE WAIVER AND RELEASE.
Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if 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 in its sole discretion. 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 or any other promotion 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.
In addition to those limitations of liability above, 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 Promotion play, 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 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, unawarded, eligible Prize claims.
Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any Prizes awarded, other than those concerning the administration of the Promotion or the determination of winners, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any Prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate State Court, for the city of Oklahoma City; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 Promotion, shall be governed by, and construed in accordance with, the laws of the State of Oklahoma, without giving effect to any choice of law or conflict of law rules (whether of the State of Oklahoma or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Oklahoma.
To obtain a copy of the winners list, send a self-addressed stamped envelope to The Dippin’ Dots Taste the Fun Sweepstakes, Dippin’ Dots, L.L.C., 5101 Charter Oak Drive, Paducah, KY 42001. Winner’s list requests will only be accepted after the end of the Promotion Period and no later than December 31, 2015. VT residents may omit return postage when requesting a winner’s list.
These Official Rules will be posted at the Websites during the Promotion Period. These Official Rules may not be reprinted or republished in whole or in part without the prior written consent of Sponsor. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook®, Twitter® or Instagram®. Direct any questions/comments/complaints regarding this Promotion to the Sponsor, not Facebook®, Twitter® or Instagram®. Each Entrant will be providing his/her information to the Sponsor and not to Facebook®, Twitter® or Instagram®. Facebook®, Twitter® and Instagram® are completely released of liability by each entrant. The information each Entrant provides will only be used for the Sweepstakes. Twitter® is a registered trademark of Twitter, Inc. All rights are reserved. Facebook® and Instagram® are registered trademarks of Facebook, Inc. All rights are reserved.