OFFICIAL RULES: Dippin’ Dots Halloween Costume Contest Sweepstakes Promotion
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. VOID WHERE PROHIBITED.
THE PROMOTION (defined below) IS SUBJECT TO THESE OFFICIAL RULES AND BY ENTERING, EACH ENTRANT UNCONDITIONALLY AGREES TO BE BOUND BY THEM.
The DIPPIN’ DOTS HALLOWEEN COSTUME CONTEST SWEEPS Promotion (the “Promotion”) is open only to legal residents of one of the fifty (50) United States (including District of Columbia) who are at least thirteen (13) years old at the time of entry except that the Promotion is void and not available to residents of 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 other company or individual involved with the design, production, execution or distribution of the Promotion, or any of their respective affiliates, subsidiaries, advertising agencies, 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 Sponsor’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 OF ENTRY AND HAVE YOUR PARENT OR LEGAL GUARDIAN’S CONSENT TO ENTER. By entering into the Promotion, you 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 and have the legal right to consent to and do hereby consent to these Official Rules on behalf of that minor (each such individual an “Entrant”; if the parent or legal guardian of the minor, the parent and/or legal guardian and the minor are collectively the “Entrant”).
2. Sponsor and Administrator
Sponsor and Administrator: Dippin’ Dots, LLC, 5101 Charter Oak Drive, Paducah, KY 42001 (“Sponsor”). This Promotion is in no way sponsored, endorsed, administered by or associated with Twitter®, Facebook® or Instagram®.
The Promotion begins on or about October 1, 2021 at 12:00 P.M. Central Time (“CT”) and ends on October 31, 2021 at 12:00 P.M. CT (the “Promotion Period”). Sponsor’s computer is the official time keeping device for this Promotion.
4. How to Enter
To enter, during the Promotion Period, Entrants must:
- “Follow” the Dippin’ Dots Twitter®, Facebook® or Instagram® accounts found at https://www.instagram.com/dippindots, https://www.twitter.com/dippindots, or http://www.facebook.com/dippindots
- Post a photo of their Dippin' Dots-inspired Halloween costume, and use #dippindots in the caption.
Entrants will receive one (1) entry into the Promotion for completing both requirements of the Promotion. Sponsor reserves the right to contact Entrants through the respective Twitter®, Facebook® or Instagram® page as part of this Promotion. Entrants may then choose to opt-out of future communications. If an Entrant provides his/her email address in response to a notification from Sponsor, Sponsor reserves the right to contact Entrant at the submitted email address. After an initial email from Sponsor, Entrant may then choose to opt-out of future email notifications. Personally-identifying information of Entrants shall otherwise be used by Sponsor only with respect to this Promotion, and shall be destroyed after the end of the Promotion and the acceptance of Prizes, except to the extent Sponsor is required by law to maintain and/or disclose such information. By entering, each participant, Entrant and Prize Winner acknowledges and agrees that personally-identifying information may be shared with third party service providers to assist in the fulfillment of the Promotion.
ENTRANTS ACKNOWLEDGE AND AGREE THAT THEY WILL NOT SUBMIT IN ANY FORM OR MANNER ANY PERSONALLY IDENTIFIABLE INFORMATION OF A MINOR CHILD YOUNGER THAN 13 YEARS OF AGE AT THE TIME OF ENTRY (“Prohibited Personally Identifying Information”). SPONSOR DOES NOT SEEK TO USE, DISSIMINATE OR COLLECT PROHIBITED PERSONALLY IDENTIFIABLE INFORMATION THROUGH THE PROMOTION, AND ANY ENTRY THAT INCLUDES PROHIBITED PERSONALLY IDENTIFIABLE INFORMATION IS SUBJECT TO DISQUALIFICATION AND DESTRUCTION SHOULD SPONSOR OBTAIN ACTUAL KNOWLEDGE THAT SAID ENTRY INCLUDES PROHIBITED PERSONALLY IDENTIFIABLE INFORMATION.
Prohibited Personally Identifying Information includes the following information of an individual under 13 years of age: first and last names; home or physical addresses, including street name and city or town name; online contact information, such as email address or anything that permits direct contact with a person online; screen or user names; telephone numbers; social security numbers; photograph, video, or audio file that contains child’s image or voice; or geolocation information able to identify street name or city or town name.
Limit of one (1) entry per internet protocol address per day during the Promotion Period. Multiple participants are not permitted to share the same Twitter®, Facebook® or Instagram® page. 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 entries/registrations, which will be disqualified. In the event of a dispute as to any entry/registration, the authorized account holder of the email address used to enter/ register will be deemed to be the Entrant. The “authorized account holder” is the owner of the Facebook® or Instagram® page used to enter the Promotion. Potential winners may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of Sponsor and will not be returned.
5. Winners Selection
Prize Drawing: There is one (1) potential prize set forth in detail below (referred to as a “Grand “Prize” or “Prize”) and three (3) potential Prize Winners (as defined below).
On or after 12:00 P.M. CT November 1, 2021, one (1) employee of Sponsor shall randomly select three (3) potential winners from all eligible entries received during the Promotion Period. The potential winner will be initially notified through his/her respective Twitter®, Facebook® or Instagram® page for which they submitted their entry through. This potential winner will be required to respond to such notification within five (5) days of the first notification attempt, which response shall include his/her email address and mailing address. Sponsor shall have no liability for any prize notification of any kind that is lost, intercepted or not received by the potential Prize Winner for any reason. The potential Prize Winner (or if he/she is a minor, his/her parent or legal guardian) shall also be required to complete an Affidavit of Eligibility and Liability/Publicity Release, which must be completed, executed and returned within fourteen (14) days of the date on Affidavit of Eligibility and Liability/Publicity. If, despite reasonable efforts, a potential Prize Winner does not respond within five (5) days of the first notification attempt or within fourteen (14) days of the date on the Affidavit of Eligibility and Liability/Publicity Release, or if the Prize or prize notification or Affidavit of Eligibility and Liability/Publicity Release is returned as unclaimed or undeliverable to such potential Prize Winner, such potential Prize Winner will forfeit his or her Prize and an alternate potential Prize Winner may be randomly selected by Sponsor. If any potential Prize Winner is found to be ineligible, or if he or she has not complied with or does not agree with these Official Rules or declines a Prize for any reason prior to award, such potential Prize Winner will be disqualified and an alternate potential Prize Winner may (at Sponsor’s sole discretion) be randomly selected. Sponsor may successively attempt to contact up to two (2) potential Prize Winners of the Prize in accordance with such procedure, and if there is still no confirmed Prize Winner of the Prize in question after such attempts have been made, such Prize may go unawarded. Sponsor may, at its sole discretion, randomly select additional entries should additional entries be required to award the Prize. The foregoing process is the “Prize Selection Process.”
Upon verification by Sponsor that the Entrant/potential prize winner contacted by Sponsor as a potential winner pursuant to the Prize Selection Process is eligible to win in accordance with these Official Rules, and upon agreement by the potential winner of these Official Rules and acceptance of the Grand Prize, the Entrant/potential winner will be a “Prize Winner” or “Winner” or “Grand Prize Winner”.
THREE (3) GRAND PRIZES are available, each consisting only of the following: (i) an assortment of Dippin’ Dots themed items, including (but not limited to) as umbrella, tee-shirt, tumbler, cup, pencil, and more. Potential winners shall be contacted and confirmed in accordance with the Prize Selection Process and shall obtain the certificate from Sponsor via electronic mail which must be redeemed online at a website provided by Sponsor on or by the expiration date. Total Actual Retail Value (“ARV”) of all Grand Prizes: $270.00 USD.
No cash equivalent for the Grand Prize will be given. The Grand Prize consists only of the elements expressly set forth above. Any other expense, fee, and/or incidental costs not expressly stated in the Grand Prize description above shall not be included in the Grand Prize. Unless otherwise expressly stated herein, Grand Prize does not include travel, lodging, food or other expenses and is exclusive of all taxes, for all of which Prize Winner is solely responsible. Grand Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the Grand Prize for one of equal or greater value for any reason. Prize Winner is responsible for all taxes and fees associated with the Grand Prize receipt and/or use. Actual retail value of the Grand Prize may vary and the winner of the Grand Prize will not receive the difference between actual and approximate retail value. The Grand Prize elements must be redeemed at the same time. Odds of winning depend on the number of eligible entries received during the Promotion Period. TOTAL ARV OF THE GRAND PRIZE: $270.00 USD.
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR AND SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. WINNING A PRIZE IS CONDITIONED ON ACCEPTANCE OF THESE RULES.
8. Entry Conditions and Release
By entering, each participant, Entrant and Prize Winner agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Promotion; (b) release and hold harmless the Sponsor, Facebook®, Instagram®, and each of their respective parent, subsidiary, and affiliated companies and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion or the websites and online forms used in connection with 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 a 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 attorneys’ 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 by law, acceptance of a Prize constitutes a Prize Winner’s consent to Sponsor’s and its agents’ use of Prize 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 PRIZE WINNER’S LIST AS REQUIRED BY STATE LAW.
10. 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 or if the Entrant’s entry is deemed to be obscene, unlawful, vulgar, lewd, derogatory, inappropriate, or otherwise not in good taste, as determined in Sponsor’s sole discretion. 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.
11. Limitations of Liability
Every Entrant, Prize Winner and Prize Winner’s guests (if any) participate in the Promotion and use and/or accept Prizes at their own risk. 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; and/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, 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.
Entrants, Prize Winners and any other individual or entity participating in the Promotion agree that any and all claims, judgments and awards resulting and/or arising from the Prize, the Promotion, or entry therein shall be limited to actual out-of-pocket costs directly related to entry into the Promotion, and in no event shall include attorneys’ fees, and under no circumstances will any Entrant, Prize Winner, individual or entity be permitted to obtain awards for damages other than for actual out-of-pocket expenses directly related to entry into the Promotion and each such Entrant, individual and/or entity hereby waives all rights to claim any damages other than actual out-of-pocket expenses directly related to entry into the Promotion, including, without limitation, punitive, incidental and consequential damages 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. No more than the stated number of Prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the 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.
Any and all disputes, claims and causes of action arising out of or connected with this Promotion or any Prizes awarded shall be resolved individually without resort to any form of class action, and 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 federal or state courts sitting in New York City, New York. 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.
13. Entrant’s Personal Information
14. Promotion Results
To obtain a copy of the Prize Winners list, send a self-addressed stamped envelope to The Dippin’ Dots Halloween Costume Contest Promotion, Dippin’ Dots LLC, 5101 Charter Oak Drive, Paducah, KY 42001. Prize Winners list requests will only be accepted after the end of the Promotion Period and no later than May 31, 2022. FL, NY, and VT residents may omit return postage when requesting a Prize Winners list. These Official Rules will be posted at www.dippindots.com/halloween-costume-rules 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. All rights are reserved.