1. SWEEPSTAKES PERIOD: The #IceCreamCakeBreak #Sweepstakes (the “Sweepstakes”) begins on July 1, 2018 at 12:00:00 AM Eastern Time (“ET”) and ends on July 31, 2018 at 11:59:59 PM ET (the “Sweepstakes Period”). There will be a drawing for either a First or Second Prize for each of the first thirty (30) Days during the Sweepstakes Period from among all eligible entries received through that Day’s drawing (each a “Daily Drawing”). Daily Drawings will be conducted on or about the designated Day for each such Day of the Sweepstakes Period. There will also be a Grand Prize Drawing conducted on or about August 1, 2018 (“Grand Prize Drawing Date”) from among all eligible entries into the Sweepstakes.
No purchase is necessary to enter or win the Sweepstakes. Winners of First Prizes and/or Second Prizes are eligible to win the Grand Prize.
2. SPONSOR: The Sweepstakes is sponsored solely by Collective Bias, Inc., an Inmar Company, whose address is 1750 S. Osage Springs Drive, Ste. 100, Rogers, AR 72758.
3. ELIGIBILITY: The Sweepstakes is open only to those participants who are: (i) legal residents of the fifty (50) contiguous United States or the District of Columbia, and (ii) who are at least 18 years old. Employees of Sponsor, Rich Products Corporation, and/or any of their parent and affiliate companies (collectively, “Sweepstakes Entities”) as well as their immediate family (spouse, parents, siblings and children) and household members of each such employee of such entities”) are not eligible to enter. Eligible participants will be referred to herein as “Entrants”. The Sweepstakes is subject to all applicable federal, state, municipal and local laws and regulations. Void outside the fifty (50) United States/District of Columbia, and where prohibited or restricted by law.
5. HOW TO PARTICIPATE: To participate in the Sweepstakes, an eligible entrant (“Entrant”) must visit www.ILoveIceCreamCakes.com/SweetGiveaway (the “Website”) and follow instructions to enter the Sweepstakes as follows:
A. Check a box to confirm that Entrant has read and agreed to these Rules, and provide his/her name and valid email address to submit. This may be done no more than once in a 24 hour period during the Sweepstakes Period and will result in one (1) entry for the Entrant.
B. Share the Entrant’s personal Sweepstakes referral link (obtained at the Website upon submission of his/her Entry): (i) on his/her Twitter account; (ii) via email and/or chat to Entrant’s friends; or (iii) via blog post. Entrant will receive one (1) additional entry for each new valid entry into the Sweepstakes via his/her referral link. Entrant may receive an unlimited number of referral entries. When sharing, Entrant should include the following: “#IceCreamCakeBreak #Sweepstakes. Ends 7/31/18. See Rules at https://icecreamcakebreakrules.pgtb.me/85KZ6n"
All “entries” set forth above are subject to the provisions of Section 6 of these Official Rules.
A “day” is defined as starting at 12:00 AM ET and ending at 11:59:59 PM ET each calendar day during the Sweepstakes Period.
6. ENTRY RESTRICTIONS:
A. Each Entry must be in English;
B. Each Entry must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity, copyrights, trademarks or other intellectual property rights;
C. Each Entry must not disparage Sweepstakes Entities or person or party affiliated with the Sweepstakes and administration of this Sweepstakes, or any of their respective products and/or brands;
D. Each Entry must not in any way, either visibly or otherwise, contain any brand names, logos or trademarks other than those of Sweepstakes Entities, which Entrant has a limited right to use solely for purposes of submitting entries into this Sweepstakes (and for no other purpose);
E. Each Entry must not include any identifiable image (as determined by Sponsor in its sole discretion) of any person other than Entrant unless Entrant is able to obtain written permission from that other person;
F. Each Entry must not contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous;
G. Each Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
H. Each Entry must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any jurisdiction where the Entry is created.
Each Entrant grants a pre-paid, non-exclusive, unlimited worldwide license to the Sponsor and Sweepstakes Entities to use any Entries in any medium whatsoever.
7. RANDOM SELECTION OF THE WINNER, ODDS OF WINNING, PRIZES, AND APPROXIMATE RETAIL VALUE (“ARV”):
• 10 SECOND PRIZES: Ten (10) Second Prize winners will be selected in random Daily Drawings for ten (10) of the Days during the Sweepstakes Period. Each Second Prize consists of a $25 Ice Cream Cake Voucher (described below). The ARV for all Second Prizes is $250.
• 20 FIRST PRIZES: Twenty (20) First Prize winners will be selected in random Daily Drawings for twenty (20) of the Days during the Sweepstakes Period. Each First Prize consists of a $50 Visa Pre-paid debit card AND a $25 Ice Cream Cake Voucher (described below). The ARV for all First Prizes is $1,500.
• 1 GRAND PRIZE: On or about the Grand Prize Drawing Date set forth in Section 1 of these Official Rules, one (1) Grand Prize winner will be selected in a random drawing from all eligible entries into the Sweepstakes. Each Grand Prize consists of a $500 Visa Pre-paid debit card AND a $25 Ice Cream Cake Voucher (described below). The ARV for the Grand Prize is approximately $525.
Total ARV of all Prizes is $2,275. The odds of winning a First Prize and/or the Grand Prize depend upon the number of eligible Entries into the Sweepstakes as of the respective Drawing Date(s). No more than one (1) First Prize and/or Second Prize per each Entrant.
Each Ice Cream Cake Voucher is redeemable for up to $25 off the purchase of any one (1) CARVEL®, OREO® or HELLO KITTY® ice cream cake in grocery store bakery or freezer aisle locations (but not at CARVEL® stores) and is subject to terms and conditions stated on the voucher.
Each pre-paid debit card is subject to the terms and conditions set forth on the card and to all terms, conditions and policies of the issuer. Each pre-paid debit card is redeemable for merchandise only and will not be redeemed or exchanged for cash, except where required by law. Each pre-paid debit card will not be replaced or replenished if it is lost, stolen, damaged, destroyed or used without your permission and will be voided if altered or defaced.
All prizes will be awarded provided that there are a sufficient number of Entrants. All prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change, and in the event that Sponsor is unable to provide a winner with their prize, the Sponsor may elect, to provide such winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value.
8. HOW TO CLAIM A PRIZE: Each potential Entrant winner will be contacted by Sponsor via the e-mail provided when entering the Sweepstakes. All federal, state and local taxes on a prize will be the responsibility of the winner.
If the winner's prize is over $600 in this Sweepstakes or cumulatively over $600 from other Sweepstakes conducted by Sponsor, winner will need to provide his/her social security number via an affidavit in order to receive a 1099. Each certification or affidavit must be signed using DocuSign within 5 days from the date it is sent or the Prize will be forfeited and may be awarded to another winner selected at random from the pool of entrants into the Sweepstakes.
On or about each of the Drawing Dates, each potential prize winner will be notified via e-mail by Sponsor through DocuSign at the e-mail provided by the prize winner at registration. Entry Period Prizes will be e-mailed to the winner’s e-mail address provided by the winner to the Sponsor.
In the event that any e-mail is returned as undeliverable, or if no response is received within 5 days from the date of the e-mail, or if the potential prize winner does not comply with these Official Rules, his/her prize may, in the Sponsor’s sole and absolute discretion, be forfeited. In the event any prize is forfeited or not awarded for any reason, the Sponsor may or may not select an alternative prize winner in a random drawing from among all eligible entries at the end of the Sweepstakes Period..
9. ELIMINATION: Any false information provided within the context of the Sweepstakes by any Entrant or any other non-compliance with these Official Rules or the like may result in the immediate elimination of the Entrant from the Sweepstakes. Any Entrants suspected of or found by Sponsor to be entering or compromising the entry process in any way, including but not limited to the use of automatic, programmed, script, bot, third-party or otherwise fraudulent entry method, in Sponsor’s sole discretion, will be disqualified.
Sponsor reserves the right to disqualify any person found or suspected of tampering with the point process or the operation of this Sweepstakes, to be acting in violation of these Official Rules, to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
10. INTERNET: Sponsor is not responsible for electronic transmission or other errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor may, in its sole discretion, cancel, terminate, modify and/or suspend the Sweepstakes. In the event the Sweepstakes is canceled, terminated, modified and/or suspended, Sponsor will select the winners on the basis of the criteria stated herein from among all eligible, non-suspect Entries received as of the date/time such action was taken.
12. LIMITATION OF LIABILITY: TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE SWEEPSTAKES ENTITIES, THEIR AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR SWEEPSTAKES AGENCIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. Sponsor assumes no responsibility for undeliverable Entries resulting from any cause. By participating in this Sweepstakes, Entrants agree to release and hold harmless Sweepstakes Entities, Twitter, Visa, their respective affiliates and the respective directors, officers, employees and agents of each of the foregoing (collectively, the “Releasees”) from and against any and all liability for any injuries, losses or damages of any kind to persons, including death, or property arising in whole or in part, directly or indirectly, from acceptance, use or misuse of a prize (if applicable), participation in the Sweepstakes, or inability to participate in Sweepstakes or in any Sweepstakes-related activity. Releasees are not responsible for printing errors or for lost, late, unintelligible, misdirected, incomplete, damaged or garbled Entries. Releasees are not responsible for any: (a) telephone, computer, hardware, software, programming or interrupted or unavailable network, server or other connections, network malfunction, or other technical failures or human or other errors; (b) communication disruption or other forces beyond the reasonable control of the Sponsor, including inability to enter the Sweepstakes, or other disruption related to Internet traffic, virus, bug, or non-authorized intervention; (c) damage caused by computer virus or otherwise resulting to any computer concerning Entrant’s Entry whether human, mechanical or electronic; or (d) incorrect or inaccurate information whether caused by users or by any of the programming or equipment associated with or used in the Sweepstakes. Releasees shall not be liable to any prize winner or any other person for failure to supply a prize, by reason of any acts of God; any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entities (whether or not they prove to be valid); equipment failure; terrorist acts; earthquake; fire; flood; war; explosion; unusually severe weather; hurricane; embargo; labor dispute or strike (whether legal or illegal); labor or material shortage; transportation interruption of any kind; work slow-down; civil disturbance; insurrection; riot; or any other cause beyond Sponsor’s sole control.
13. DISPUTES: The Sweepstakes is governed by, and will be construed in accordance with, the laws of the State of NORTH CAROLINA, without giving effect to any choice of law or conflict of law rules, and the forum and venue for any dispute shall be in THE STATE OF NORTH CAROLINA. If THE controversy or claim is not otherwise resolved through direct discussions or mediation, it shall THEN be resolved by FINAL AND binding arbitration administered by AMERICAN ARBITRATION ASSOCIATION, in accordance with its Arbitration Rules and Procedures or subsequent versions thereof (“AAA Rules”). The AAA Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in THE STATE OF NORTH CAROLINA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
14. GENERAL: CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Entries will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in Sweepstakes-related materials (including but not limited to point of sale, television, and print advertising, packaging, and other Sweepstakes media if applicable), the details of the Sweepstakes as set forth in these Official Rules shall prevail and govern.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
By participating in the Sweepstakes, you agree that your entry is gratuitous, unsolicited and without restriction, and will not place the Sweepstakes Entities under any obligations other than those contained in these Official Rules, and that Sweepstakes Entities are free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas therein without any compensation to you. You further acknowledge that Sweepstakes Entities do not waive any rights to use similar or related ideas previously known to Sweepstakes Entities, or developed by their respective employees, or obtained from sources other than you. By entering the Sweepstakes, you understand and acknowledge that you will not now or in the future be paid or compensated in any way for your Entry or for granting the Sweepstakes Entities any of the rights set out in these Official Rules. You further acknowledge that Sweepstakes Entities are not obligated to make use of any of the rights granted in these Official Rules.
This Sweepstakes is in no way sponsored, endorsed by, or associated with Visa or Twitter. Any questions, comments, or complaints regarding this Sweepstakes shall be directed to Sponsor and not to prize providers or platforms.
15. WINNERS’ LIST: For the name of the prize winners, those interested print their name and address on a 3"x 5" card and mail it in an envelope to: #IceCreamCakeBreak #Sweepstakes, c/o Collective Bias, 1750 S. Osage Springs Drive, Ste. 100, Rogers, AR 72758. Winner List requests will only be accepted after the Sweepstakes’ end date (listed above) and requests must be received no later than October 31, 2018.
These Official Rules may not be reprinted or republished in whole or in part without the prior written consent of Sponsor. All rights reserved.