DIPPIN’ DOTS MY TEACHER RULES 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 MY TEACHER RULES Promotion (the “Promotion”) is open only to individuals who, at the time of entry, are at least eighteen (18) years old and are legal residents of one of the fifty (50) United States (including the District of Columbia), except that the Promotion is void and not available to residents of New York, Rhode Island, 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, as defined herein, is contingent upon fulfilling all requirements set forth herein.
BY ENTERING, YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AT TIME OF ENTRY. By entering into the Promotion, you (“Entrant”) represent and warrant that you (i) are age 18 or older; (ii) are the parent or legal guardian of a minor who has attended classes taught by the Nominated Teacher (as defined below); and (iii) have obtained the express consent of the Nominated Teacher (as defined below) to enter their name and other identifying information in this Promotion for an opportunity to win the Prize, as defined below.
Sponsor and Administrator
Sponsor and Administrator: Dippin’ Dots, LLC, 5101 Charter Oak Drive, Paducah, KY 42001 (“Sponsor”).
The Promotion begins on or about August 14, 2017 at 12:00 P.M. Central Time (“CT”) and ends on September 15, 2017 at 12:00 P.M. CT (the “Promotion Period”). Sponsor’s computer is the official time keeping device for this Promotion.
How to Enter
To enter, Entrants must visit www.dippindots.com/myteacherrules (the “Website”) and access, complete and submit the online entry form found at the Website during the Promotion Period, which form shall include a text box for Entrant to provide their minor child’s Entrants for Entrant to provide their minor child’s authored by their minor children description of how the teacher or educator nominated has made a difference in the child’s life and why they are nominating the teacher or educator as a winner for the Prize, as defined below. “Nominated Teacher” shall be the teacher or educator identified as being so nominated in Entrant’s entry into the Promotion
Entrant will receive one (1) entry into the Promotion upon successful completion and submission of the online entry form found via the Website. Sponsor reserves the right to contact Entrants whose email address is submitted as part of this Promotion. Entrants 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, as defined herein, except to the extent Sponsor is required by law to maintain and/or disclose such information.
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”) WITH THEIR ENTRY. 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 entry per Internet protocol address per day during the Promotion Period. Multiple participants are not permitted to share the same email address. 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 or registrations, which will be disqualified. In the event of a dispute as to any entry or registration, the authorized account holder of the email address used to enter or register will be deemed to be the Entrant. 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 and will not be returned.
EIGHT (8) PRIZES are available, each consisting solely of: (i) one (1) certificate redeemable for one (1) Dippin’ Dots home delivery shipment to Entrant, each home delivery shipment consisting of one (1) 30-serving kit which shall include one (1) bulk bag (approx. 1 gallon) of Dippin’ Dots product which shall be mailed to the address provided as Entrant’s address by the Prize Winner, as defined below, in his/her entry or in response to the prize notification, said certificate expiring August 31, 2018; (ii) free ground shipping of home delivery shipments redeemed pursuant to the certificate; and (iii) a five-hundred dollar ($500) gift card. TOTAL PRIZE APPROXIMATE RETAIL VALUE OF ALL PRIZES (“ARV”): $4,480 USD.
No cash equivalent for any Prize will be given. Each Prize consists only of the elements expressly set forth above. Any other expense, fee, and/or incidental costs not expressly stated in the Prize description above shall not be included in any Prize. Unless otherwise expressly stated herein, each Prize is exclusive of all taxes, expenses, and fees for all of which Prize Winners (as defined below) are solely responsible. 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 the Prize for one of equal or greater value for any reason. Actual retail value of the Prize may vary and the winner of the Prize will not receive the difference between actual and approximate retail value. The Prize is non-transferable and no substitution will be made except as provided herein and at the Sponsor’s sole discretion. The Prize elements must be redeemed at the same time. Odds of winning depend on the number of eligible entries received during the Promotion Period.
Prize Selection: There are eight (8) potentially winning entries, each of which have two (2) potential winners of the Prize for a total of sixteen (16) potential prize winners as follows: each Entrant of the eight (8) potentially winning entries selected as described herein will be eligible to receive all elements of the Prize except for the five-hundred dollar ($500) gift card, and the Nominated Teachers referenced in each of the winning entries will be eligible to receive the five-hundred dollar ($500) gift card element of the Prize (each of which is “Prize Winner” and collectively the “Prize Winners” upon verification by Sponsor that the Entrant and Nominated Teacher are each eligible to win in accordance with these Official Rules and only upon agreement of these Official Rules and acceptance of a Prize). ALL PRIZE ELEMENTS WILL BE SHIPPED TO ENTRANT, WHO ACKNOWLEDGES AND AGREES TO PROVIDE THE $500 GIFT CARD ELEMENT OF THE PRIZE TO THE NOMINATED TEACHER.
On or about September 29, 2017 at 12:00 P.M. CT, three (3) employees of Sponsor shall select the eight (8) potentially winning entries from all valid entries submitted during the Promotion Period, said selection to be based upon the following criteria: Specificity of submission (60%), Teacher's attributes as described in submission (40%).
Potential winners will be notified by email to the provided email address at the time of entry. The potential winners will be required to respond to such notification within five (5) days of the first notification attempt, which response must include Entrant’s mailing address, as well as the Nominated Teacher’s address. Sponsor shall have no liability for any winner notification of any kind that is lost, intercepted or not received by a potential winner for any reason. Each Prize Winner 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 a potential 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 winner such potential winner will forfeit his or her Prize and an alternate winner may be selected by Sponsor. If any potential 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 winner will be disqualified and an alternate winner may (at Sponsor’s sole discretion) be selected. If a Prize is unclaimed, or goes unawarded based on disqualification, Sponsor may (at its sole discretion) select a new winning entry based upon the selection process described above or randomly select new potential winners from the remaining eligible entries. If a Prize is then unclaimed, or goes unawarded based on disqualification, Sponsor may elect not to award one or more of the Prizes to any Entrant or Nominated Teacher. The foregoing process is the “Prize Selection Process.” The Entrant/potential winner will be a “Prize Winner” or “Winner”.
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.
Entry Conditions and Release
By entering, each participant and Prize Winner agree 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 and each of its 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 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 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 CHOSEN AS A PRIZE WINNER, YOUR PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING ENTRANT’S AND/OR NOMINATED TEACHER’S NAME ON A PRIZE WINNER’S LIST AS REQUIRED BY STATE LAW.
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.
Limitations of Liability
Every Entrant, Prize Winner, and Nominated Teacher participates 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 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.
Entrants, Nominated Teachers and 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 any 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, 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 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 siting 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.
Entrant’s Personal Information
To obtain a copy of the Prize Winners list, send a self-addressed stamped envelope to The Dippin’ Dots My Teacher Rules Promotion, Dippin’ Dots LLC, 5101 Charter Oak Drive, Paducah, KY 42001. Prize Winner’s list requests will only be accepted after the end of the Promotion Period and no later than December 31, 2017. VT residents may omit return postage when requesting a Prize Winners list. These Official Rules will be posted at the Website 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.