The Ultimate Summer Pass Official Rules
July 1, 2013
OFFICIAL RULES. NO PURCHASE NECESSARY TO ENTER THE SWEEPSTAKES.
A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
- Timing: The Ultimate Summer Pass Sweepstakes (the “Sweepstakes”) begins 12:00:00 a.m. Eastern Time (“ET”) on 07/01/2013 and ends 11:59:59 p.m. ET on 07/21/2013(the “Sweepstakes Period”).
- Eligibility: The Sweepstakes is open only to legal residents of United States who are 18 years of age or older as of date of entry. Anyone found to use multiple accounts to enter will be disqualified from participation in this Sweepstakes. Employees and their immediate family members (spouses, parents, children, and siblings and their spouses) and household members of each (whether related or not) of the Perry’s Ice Cream Co., Inc. and Darien Lake Amusement Park (the “Sponsors”), their promotion agencies, and family members of such employees, are not eligible to enter. Void where prohibited by law.
- To Enter the Sweepstakes: During the Sweepstakes Period, you may access the Sweepstakes (via Enter to Win! tab) by visiting the Perry’s Ice Cream Co., Inc. Facebook Fan Page at http://www.facebook.com/perrysicecream. From the Fan page, accept the Sweepstakes Application (the “Application”) and complete the on-screen registration form to receive one entry into the drawing. All Sweepstakes entries must be completed by 11:59:59 PM ET on 07/21/2013, to be included in the drawing.
- Entries will not be judged. By submitting an Entry, you attest that you eligible for the drawing – see #2 for the eligibility requirements. Each Entry must be unique. For purposes of this Sweepstakes, a “day” is defined as a 24-hour period, beginning at 12:00:00 a.m. ET and ending at 11:59:59 p.m. ET. Entries must be complete to be eligible. All eligible entries must be received by 11:59:59 p.m. ET on 07/21/2013, to be eligible. The drawing will be held on Monday, July 22, 2013. Use of computer programs and other automatic means to enter the Sweepstakes is prohibited. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void such entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Entries must be in English. All entries must be the sole, original work of the entrants. Any entry or portion thereof that is, in the Sponsors’ sole discretion, obscene, profane, lewd, defamatory, contains any third party materials, or otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand (other than Perry’s Ice Cream or Darien Lake Amusement Park) or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, will not be considered and may disqualify the entrant. Entrants may not copy or otherwise plagiarize the entry from any source. Entrants and winners acknowledge and agree that their entries become the property of the Sponsors, which thereby has the right to edit, adapt, modify, reproduce, promote and otherwise use entries (or excerpts of entries) in any way it sees fit. Any entry not in compliance with the above and does not meet either web site’s requirements will be disqualified. By entering, you agree to waive any rights you may have to the entry submitted. Normal Internet access and usage charges imposed by your on-line service may apply.
- Random Drawings/Winner Notification: Winner will be selected on Monday, July 22, 2013. The drawings will be conducted by the Sponsors whose decisions are final on all matters relating to the Sweepstakes. Odds of winning a prize depend upon the total number of eligible entries received. All federal, state and local laws apply. Potential winners will be notified by mail/email. Potential Grand Prize winners may be required to sign and return, via mail, an Affidavit of Eligibility,liability/publicity release (except where prohibited by law) and an assignment of rights within ten (10) days (including weekends) of notification attempt or the prize will be forfeited and alternate potential winner may be selected. Return of prize or prize notification as undeliverable will result in disqualification and an alternate will be selected. Affidavit package (if applicable) will be mailed and/or sent via email. Winners will automatically be sent their prizes within 2-4 weeks after winner selection.
- Prizes and Approximate Retail Value (“ARV”): 1 winner randomly selected from the entrants will receive a Year’s Supply of Perry’s Ice Cream, 24 coupons for 1.5qt of any flavor of Perry’s available in 1.5qt containers, total value $136.56, 4 passes with 2 ride privileges (Blast Off and Ride of Steel) to Darien Lake Amusement Park, redeemable until the end of the 2013 season, total value $179.96, 4 Darien Lake refillable mugs, total value $39.00, 4 Darien Lake Amusement Park meal vouchers , total value of $43.96, 4 free Perry’s Ice Cream waffle sundaes from Darien Lake Perry’s Ice Cream Parlor, total value $21.96, a Perry’s Ice Cream freezer tote, $4.00 in value, and a Perry’s Ice Cream scoop, valued at $7.99. 2 winners randomly selected from the entrants will receive 5 coupons for 1.5qt of any flavor of Perry’s available in 1.5qt containers, total value $28.45, a Perry’s Ice Cream freezer tote, $4.00 in value and 2 passes to Darien Lake Amusement Park redeemable until the end of 2013 season, total value of $89.98 each. Prize is nontransferable and no cash substitutions are allowed except by the Sponsors, who reserve the right to award a prize of equal or greater value if advertised prize (or portion of prize) is unavailable for any reason. PRIZE IS AWARDED “AS IS” WITH NO WARRANTY OR GUARANTEE, EITHER EXPRESS OR IMPLIED BY SPONSORS. Each winner is responsible for all federal, state and local taxes and all other costs and expenses associated with prize not specified herein as being awarded.
- Ownership of Entries: All entries become the property of the Sponsors and will not be returned. Entries not completed in accordance with these Official Rules or received after the Sweepstakes closes will not be considered. Indecipherable or incomplete entries will be disregarded. No responsibility is taken for late or misdirected entries. Entrants’ personal details may be used by Perry’s Ice Cream Co., Inc. in accordance with their privacy policies, http://www.perrysicecream.com/privacy-policy/ and http://www.darienlake.com/privacy/.
- General Rules: By participating in the Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the judges/Sponsors. The Sponsors and its agencies are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Application, the web site or the Sweepstakes or by any human error which may occur in the processing of the entries in the Sweepstakes or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Application or Sweepstakes. In the event of a dispute as to any entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. Winner may be required to show proof of being the authorized account holder of the email address associated with the entry. Proof of entering information via the Application or any website does not constitute proof of delivery or receipt of such information. The Sponsors and/or its agencies are not responsible for the failure of any email or entry to be received by Sponsors on account of technical problems or congestion on the internet or at any website. The Sponsors reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or Application; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes or Application may be a violation of criminal and civil law, and, should such an attempt be made, The Sponsors reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 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 beyond the control of the Sponsors which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes or Application, then the Sponsors reserves the right at their sole discretion to cancel the Sweepstakes and select the applicable winners in random drawings from among all eligible entries received prior to cancellation. By participating in the Sweepstakes, the entrant agrees that The Sponsors, their respective parents, subsidiaries, affiliated companies, agents, retailers, advertising and Sweepstakes agencies, Facebook and all of their respective shareholders, officers, directors, employees and assigns, members, representatives and agents, will have no liability whatsoever for, and will be held harmless by entrant for any liability for any bodily injury, loss, cost or damages of any kind to persons, including death and property, damages sustained due in whole or in part, directly or indirectly, from entry creation, the acceptance, possession, use or misuse of the prize or parts thereof, if applicable or participation in the Sweepstakes or participation in any Sweepstakes or related activity. By entering the Sweepstakes, you hereby represent and warrant that you have read these Official Rules and are fully familiar with its contents.
- Publicity Release: Acceptance of prize constitutes permission for the Sponsors and their agencies to use winner’s name, likeness, hometown and entry components for purposes of advertising and trade without further compensation, including a winner list, unless prohibited by law.
- Jurisdiction: The Sweepstakes shall be governed by and interpreted in accordance with the laws of the State of New York applicable to promotions fully carried out within New York. Except where prohibited by law, any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ and/or experts’ fees; and winner hereby waives all rights to claim punitive, incidental and consequential damages and any other damages (including attorneys fees), other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Winner acknowledges that no other party nor any agent or attorney of any other party has made any promise, representation or warranty whatsoever, express or implied, not contained herein concerning the subject matter hereof, to induce the winner to execute any document and winner acknowledges that they have not executed any document in reliance on any such promise, representation or warranty not contained herein. Any waiver by the Sponsors and their affiliates of any term of any document in a particular instance shall not be a waiver of such term for the future. Winner agrees that the invalidity or enforceability of any part of any document shall in no way affect the validity or enforceability of any of the remainder of that document.
- Winners: For the names of the winners, visit http://www.facebook.com/perrysicecream after July 22, 2013. The names of the winners will be published via Enter to Win (later renamed Freezer Inspection) tab as they are drawn.
- Sponsors: The Sponsors of the Sweepstakes are: Perry’s Ice Cream Co., Inc., One Ice Cream Plaza, Akron, NY 14001 and Darien Lake Amusement Park 9993 Allegheny Road Darien Center, NY 14040.
- This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to The Sponsors and not to Facebook.