Date: March 5, 2017
Client: Perry’s Ice Cream Co., Inc.
Promotion: Bootleg Bucha/Perry’s Sweepstakes
Subject: Official Rules
OFFICIAL RULES. NO PURCHASE NECESSARY TO ENTER THE SWEEPSTAKES.
A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
- Timing: Bootleg Bucha/Perry’s Sweepstakes (the “Sweepstakes”) begins 12:00:00 a.m. Eastern Time (“ET”) on 3/5/2018 and ends 11:59:59 p.m. ET on 3/7/2018 (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. (the “Sponsor”), and 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 by visiting the Perry’s Ice Cream Instagram. From the social media account, comment on the post to receive one entry into the Bootleg Bucha/Perry’s Sweepstakes. Profiles must not have privacy settings and should be public in order to be entered. All sweepstakes entries must be completed by 11:59:59 PM ET Wednesday, March 7, 2018, to be eligible for the drawing.
- Entries will not be judged. By submitting an Entry, you attest that you are eligible for the drawing – see #2 for the eligibility requirements. Each Entry must be unique. All eligible entries must be received by 11:59:59 p.m. ET on 3/7/2018, to be eligible. 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 Sponsor’s 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 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. Therefore, clothing worn or props/items depicted in the photograph should not contain any visible logos, drawings, cartoons, phrases, trademarks or other third-party materials (other than Perry’s Ice Cream). 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 Sponsor, 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: Winners will be selected on Thursday, March 8, 2018 among eligible entries received before the end of the sweepstakes, March 7, 2018. The drawings will be conducted by the Sponsor, 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 each week and each month. All federal, state and local laws apply. Potential winners will be notified by email. Potential monthly 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. Weekly winners will automatically be sent their prizes within 2-4 weeks after winner selection.
- Prizes and Approximate Retail Value (“ARV”): Grand Prize: A coupon for one 48 oz. Perry’s Ice Cream (ARV $6.29), two coupons for two pints of Perry’s Ice Cream (ARV $3.49 a piece), one Perry’s Ice Cream scoop (ARV $5.00), two 12 oz. bottles of Bootleg Bucha (ARV $4.00 a piece). Total ARV at $26.27. Prizes are nontransferable and no cash substitutions are allowed except by the Sponsor, who reserves 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 Sponsor. 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. Winner must pick up the prize at Bootleg Bucha’s retail location,1250 Niagara St, Buffalo, NY 14213, during their business hours. Prizes will not be shipped.
- General Rules: By participating in the Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the judges/Sponsor. The Sponsor 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. Sponsor and/or its agencies are not responsible for the failure of any email or entry to be received by Sponsor on account of technical problems or congestion on the internet or at any website. The Sponsor 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, 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. 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 Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes or Application, then the Sponsor reserves the right at its sole discretion to cancel the Sweepstakes and select the applicable winners in random drawings from among all eligible entries received (each month and each week) prior to cancellation. By participating in the Sweepstakes, the entrant agrees that Sponsor, its 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 Sponsor and its 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 Sponsor and its 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: The names of the winner will be published via the Perry’s Ice Cream Instagram contest post.
- Sponsor: The Sponsor of the Sweepstakes is Perry’s Ice Cream Co., Inc., One Ice Cream Plaza, Akron, NY 14001.
- This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or Instagram. You understand that you are providing your information to Sponsor and not to Facebook, Twitter or Instagram. Your information will only be used to contact you if you are selected a winner.