Sweet Me Creamery Sweepstakes (“Sweepstakes”)
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
SPONSOR: This Sweepstakes is sponsored by Kemps LLC (“Sponsor”).
ELIGIBILITY: The Sweepstakes is open only to legal adult residents of the 50 United States and the District of Columbia who are at least 21 or over at the time of entry. Participants must have the Instagram application downloaded on their mobile smart device (“Device”) and must have an Instagram account as of date of entry. Employees of Sponsor and its parent companies, affiliates, franchisees, sales representatives, distributors, agents, and vendors involved with this promotion, and the immediate family and household members of all such employees, are not eligible to enter or win. Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
TIMING/ENTRY LIMITS: The Sweepstakes begins on November 29th when the Sponsor posts the first public Sweepstakes notice and ends at 12 p.m. Central Time on December 1st (the “Entry Period”). All tagged Entries must be received before the end of the Entry Period to be eligible. Sponsor’s computer clock is the official timekeeper for the Sweepstakes, and Entries are not valid until the information is received by Sponsor’s computer.
HOW TO ENTER: During the Entry Period, (i) follow @sweetmecreamery on Instagram; and (ii) tag a friend in the comments section of the Sponsor’s post who you want to win a free pint of ice cream. Limit one entry per person per Instagram account. Normal Internet access and Device usage charges imposed by your mobile service provider will apply.
By entering and/or accepting a prize, entrant and each winner agree that any information collected in connection with the Sweepstakes may be used by Sponsor for the intended purpose and as otherwise outlined herein. All entry information must be manually keystroked by the entrant and include a valid Instagram account. In the event of dispute as to the identity or eligibility of a winner based on the Instagram account, or if more than one person uses the same account, the winning entry will be declared the “Authorized Account Holder” of the account submitted at the time of the entry, unless agreed otherwise. The “Authorized Account Holder” is the person to whom Instagram or the applicable Internet service provider has assigned the account. Sponsor expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated program or via scripts or via any other means that are fraudulent or not allowed by these Official Rules. By participating and/or accepting a prize, all entrants and winners agree to abide by these Official Rules.
ENTRY REQUIREMENTS: All submitted materials become the property of Sponsor and will not be returned. Any posts or comments that are inappropriate or offensive in Sponsor’s sole discretion or otherwise violate the terms of these Official Rules may be removed, and the corresponding entry may be disqualified in Sponsor’s sole discretion.
- Entries must not contain material that is inappropriate, indecent, harassing, contain profanity or obscene content; hateful content of any kind; content that promotes violence or harm to another living creature; or any other offensive content (as deemed such by Sponsor in sole discretion).
- Entries must not contain advertisements, personal or commercial solicitations; or promote any political agenda or party.
- Entries must not promote any brand or product owned by entity other than Sponsor.
- Entries must be in keeping with Sponsor’s image and not contain any material that could reflect negatively on the name, reputation or goodwill of Sponsor, its subsidiaries or affiliates.
- Entries must not violate or encourage the violation of any law, rule or regulation.
PRIZE AND APPROXIMATE RETAIL VALUE: Five (5) Grand Prizes will be awarded to randomly chosen winners.
Five (5) Grand Prizes: 1 pint of ice cream for the winning entrant and 1 pint of ice cream for the individual tagged by the entrant in the comments section of the Sponsor’s post. ($50 approximate retail value.) Entrant and the individual tagged by the entrant are each considered to be “winners.”
Any taxes on a prize are the sole responsibility of the winner. Prizes are non-transferable and no substitution or cash equivalent is allowed except in Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of the same approximate retail value. Prizes consist only of the items specifically listed as part of the prize. Certain conditions and restrictions may apply, including those listed on the prize itself. All costs and expenses not specified herein, related to any prize or incurred by accepting the prize, are the sole responsibility of the winner. Odds of winning depend on the number of eligible entries received. Any elements of the prize or awarding of the prize that are not specifically outlined herein will be determined by Sponsor in its sole discretion.
WINNER SELECTION: The potential prize winners will be selected in a random drawing on or about December 1, 2017. Five winning pairs will be selected from all eligible entries received. The drawing will be conducted in accordance with these Official Rules on Sponsor’s behalf. The potential winners will be notified by a direct message on Instagram on or about December 1. Sponsor’s message will give instructions on how winner should contact Sponsor through email to claim Grand Prize. Each winner must reply to the winner notification from Sponsor and include his/her mailing address and email address within twenty-four (24) hours.
If any notification or prize is returned as undeliverable, a requested response is not received by Sponsor in the required timeframe or the original winner is deemed ineligible for any reason, the original winner will forfeit the prize in its entirety and an alternate winner may be randomly selected. Each potential winner may be required to complete and return an affidavit of eligibility, liability release, publicity release (if not prohibited by law), and any other necessary documents, including any required tax documents (collectively the “Documents”), within the time specified in the Documents or the prize will be forfeited in its entirety and an alternate winner may be randomly selected. Award of prize and confirmation of winner is contingent upon potential winner’s qualification and compliance with Official Rules.
PUBLICITY RELEASE: Except where prohibited, participation in this Sweepstakes and acceptance of a prize constitutes entrant’s and winner’s consent that their name, likeness, posts, photos, comments, voice and/or biographical data may be used in any medium for advertising and promotional purposes without limitation and without additional notice, compensation or consent.
LIABILITY LIMITATIONS: If for any reason the Sweepstakes is not capable of running as planned, including without limitation disruptions caused by any Device, computer, virus, bugs, tampering, unauthorized intervention, fraud, technical failures, acts of God, factors beyond Sponsor’s reasonable control, or any other cause that corrupts, affects or compromises the administration, security, fairness, integrity, proper conduct or intended play of the Sweepstakes, Sponsor reserves the right at its sole discretion to disqualify any individual that Sponsor deems responsible. In such situations, Sponsor further reserves the right, but shall have no obligation, to cancel, terminate, modify or suspend the Sweepstakes, and substitute an appropriate alternate method of prize award selection, including to award the Grand Prize from among all valid and eligible entries received up to the time the Sweepstakes was interrupted.
Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications failure, theft, destruction or unauthorized access to, or alteration of, entries, including any erroneous appearance of qualification for a prize. Sponsor is not responsible for any problem or technical malfunction of any telephone network or lines, computer online systems, servers or provider, computer equipment, software, failure of any e-mail or entry to be received by Sponsor due to technical problem or traffic, congestion on the internet or at any web site, or any combination thereof, including any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Sweepstakes. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
LIABILITY RELEASE/INSTAGRAM ROLE: By entering and/or accepting a prize, entrant and each winner agrees to accept and abide by the rules of this Sweepstakes and agrees that any dispute with regard to the conduct of this Sweepstakes, rule interpretation or award of a prize, shall be resolved by Sponsor, whose decisions shall be binding and final.
By participating and/or accepting a prize, entrant and each winner agrees to release and hold harmless Sponsor, Instagram, related promotional retail partners and each of their respective parent companies, affiliates, subsidiaries, franchisees, service agencies, independent contractors, and the officers, directors, employees, agents and representatives of any of the above organizations from any injury, loss or damage to person, including but not limited to death or property damage due in-whole or in-part, directly or indirectly to the acceptance, use, or misuse of a prize, participation in any Sweepstakes-related activity, or participation in the Sweepstakes.
This Sweepstakes is in no way sponsored, endorsed, administered by or associated with Instagram. Entrants are providing their personal information to Sponsor, and not to Instagram. The information provided will only be used as indicated by the Sponsor, and entrants have the ability to opt-out of further communications.
DISPUTE RESOLUTION/CHOICE OF LAW: Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of Minnesota. All disputes arising out of or connected with this Sweepstakes will be resolved individually, and without resort to class action, exclusively by the appropriate federal or Minnesota State Court. Should there be a conflict between the laws of the State of Minnesota and any other laws, the conflict will be resolved in favor of the laws of the State of Minnesota. All judgments or awards shall be limited to actual incurred out-of-pocket expenses (excluding attorneys’ fees) associated with participation in this Sweepstakes and shall not include any indirect, punitive, incidental and/or consequential damages.
WINNERS LIST: The name of the Grand Prize winner will be announced on the Sweet Me Creamery Instagram channel following the end of the Sweepstakes.
SPONSOR: The Sweepstakes is sponsored by Kemps LLC, 1270 Energy Lane, St. Paul, MN 55108.