OFFICIAL RULES: DIPPIN’ DOTS WALGREENS “FOUND SOME” SWEEPSTAKES
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 ENTIRES RECEIVED.
THE SWEEPSTAKES (defined below) IS SUBJECT TO THESE OFFICIAL RULES AND BY ENTERING, EACH ENTRANT UNCONTIDIONALLY AGREES TO BE BOUND BY THEM.
The DIPPIN’ DOTS WALGREENS “FOUND SOME” 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.
2. Sponsor and Administrator
Sponsor and Administrator: Dippin’ Dots, LLC, 5101 Charter Oak Drive, Paducah, KY 42001 (“Sponsor” or “Administrator”).
The Promotion begins on July 7, 2014 at 12:00 P.M. Central Time (“CT”) and ends on September 2, 2014 at 11:00 P.M. CT (the “Promotion Period”). Administrator’s computer is the official time keeping device for this Promotion.
4. How to Enter
To enter, take a photo of yourself with Dippin’ Dots product at a participating Walgreens location. Post the photo online via your personal Twitter or Instagram page with the hashtags #FoundSome #DippinDots #Walgreens during the Promotion Period. All three hashtags must be present for the entry to be valid. Photos posted must be made public within the account and/or photo privacy settings.
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 Twitter and Instagram profile used as part of this promotion.
Limit of one entry per Twitter profile and Instagram profile (“Person”) per day during the Promotion Period. Multiple participants are not permitted to share the same Twitter and Instagram account profile.
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. All entries become the sole and exclusive property of Sponsor or Administrator and will not be returned.
5. Winners Selection
Bi-Weekly: One bi-weekly winner will be selected per channel. Winners will be selected on or about July 22, August 5, August 18, and September 2, 2014. Eight (8) potential winners will be randomly selected from all eligible entries received during the Promotion Period.
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY ADMINISTRATOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.
The potential winners will be notified by Twitter or Instagram account profile used when posting the photo. Potential winners will be required to respond to such notification with five (5) days of the first notification attempt. 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.
EIGHT (8) PRIZE WINNERS: Each winner will receive one Dippin’ Dots Home Delivery shipment consisting of 26 (twenty six) Single Service packages of Dippin’ Dots and FedEx Ground shipping (the “Prize”). The Approximate Retail Value (“ARV”) of each Prize is $87.73 (eighty seven and seventy three) USD.
No cash equivalent for 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 ARV OF ALL PRIZES: $701.84 USD.
7. Entry Conditions and Release
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, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, 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 claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant’s participation in the Promotion and/or entrant’s acceptance, use or misuse of a Prize.
Except where prohibited, acceptance of a Prize constitutes winners’ 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. 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.
9. General Conditions
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.
10. 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 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 New York; (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 New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
12. Entrant’s Personal Information
13. Promotion Results
To obtain a copy of the winners list, send a self-addressed stamped envelope to The Dippin’ Dots Walgreens Sweepstakes, Dippin’ Dots LLC, 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 January 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, Twitter® or Instagram®. Direct any questions/comments/complaints regarding this Promotion to the Sponsor, not Twitter® or Instagram®. Each Entrant will be providing his/her information to the Sponsor and not to Twitter® or Instagram®. 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. Instagram® is a registered trademark of Facebook, Inc. All rights are reserved.