Drumstick®
Monday Sweepstakes
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF
ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Drumstick® Monday Sweepstakes
(the “Sweepstakes”) is open only to
legal residents of the fifty (50) United States and the District of Columbia
who are at least eighteen (18) years old at the time of entry. Employees of Dryer’s Grand Ice Cream, Inc., Lippe Taylor Group, LLC, Merkle Inc., and their
parent and affiliate companies as well as the immediate family (spouse,
parents, siblings, and children) and household members of each such employee
are not eligible. The Sweepstakes is subject to all applicable federal, state,
and local laws and regulations and is void where prohibited. Participation
constitutes entrant’s full and unconditional agreement to
these Official Rules and Sponsor’s and Administrator’s
decisions, which are final and binding in all matters related to the Sweepstakes. Winning the prize is contingent
upon fulfilling all requirements set forth herein.
2. Sponsor:
Dreyer’s Grand Ice
Cream, Inc., 5929
College Ave., Oakland, CA 94618. Administrator: Merkle Inc., 3000 Town Center, Suite 2100,
Southfield, MI 48075.
3. Timing: The
Sweepstakes begins on January 16, 2024 at 9:00 a.m. Eastern Time
("ET") and ends on February 1, 2024 at 11:59 p.m. ET (the
"Promotion Period"). Instagram’s servers are the official
time-keeping devices for the Sweepstakes.
4. How to Enter:
Participation Requirements: To participate, you will need to have a personal Instagram
account. Creating an Instagram account is free but is subject to its Terms and
Conditions (http://instagram.com/about/legal/terms/#). If entering via a mobile device and using
your wireless carrier’s network, standard data charges from your wireless
carrier may apply.
Entry
Requirements: During the
Promotion Period, take the following actions to earn an entry. You may take the
actions outlined in 4.(a) and 4.(b) in any order so long as both actions are
completed during the Promotion Period.
(b)
Locate Sponsor’s Sweepstakes post on Instagram and take the following actions:
1) Follow
@drumstick on Instagram;
2) Comment
on the post by stating your ideal #DrumstickMonday (i.e., what you would do on
a national holiday taking place the Monday after the Big Game) (your
"Instagram Comment");
3) Your Comment need not include any
reference, positive or negative, to Sponsor’s products or services, and including
such a reference or image will not improve your chance of winning. However, your Comment must not violate any of
the Content Restrictions listed below; and
4) You must not change your Instagram
handle once you post to enter this Sweepstakes and until the prizes are awarded
(as described in Section 6).
Content Restrictions for your Entry:
·
Your Instagram Comment/Petition
Comment (collectively, your “Comment(s)”) must be your original work;
·
Your
Comment(s) must not convey any claims of Sponsor’s products or services that
would be deemed unsubstantiated or deceptive if made by Sponsor;
·
Your
Comment(s) must not disparage Sponsor or any other parties;
·
You must have permission to include
the names or likenesses of other individuals in your Comment/Petition Comment
and to grant the rights set forth in Section 5. You should only include minors
in your Comment(s) if they are your children/wards. If requested, entrant must
be able to provide such permissions in a form acceptable to Sponsor;
·
Your
Comment(s) must not make references to or include: alcohol, illegal drugs,
marijuana, tobacco or firearms/weapons, any activities that are or appear to be
dangerous, or any political agenda;
·
Your Comment(s) may not be indecent,
obscene, sexually explicit, hateful, promote bigotry, racism, hatred or harm
against any group or individual or promote discrimination based on race,
gender, religion, nationality, disability, sexual orientation or age; and
·
Your Comment(s) may not be tortious,
defamatory, libelous, disparage Sponsor or any other person or party, or
contain material that is unlawful in any way.
By
posting a Petition Signature and a Comment to Instagram, where both postings
conform to all of the above requirements, you will receive one (1) Sweepstakes
entry. Sponsor, in its sole discretion, may disqualify any entry that it finds
unlawful, or in violation of these Official Rules.
Entry Limit: You may enter one (1)
time during the Promotion Period. Multiple entrants are not permitted to share the same email address or Instagram
account. Any attempt by any entrant to obtain more than the stated number of entries by
using multiple/different Instagram accounts, identities, email addresses,
registrations and logins, or any other methods will void that entrant's entries
and that entrant may be disqualified. Use of
any automated system to participate is prohibited and will result in
disqualification. In the event of a dispute as to the identity of an entrant,
Sponsor and Administrator will rely on the information associated with
entrant's Instagram account and Petition signature used to enter the
Sweepstakes. If additional information provided by entrant to claim the prize
is inconsistent with the Instagram account or Petition signature used to enter,
Sponsor and/or Administrator may disqualify such entrant and such
disqualification may result in the forfeiture of any prizes won. Sponsor, in
its discretion, may request additional documentation from entrant to confirm
entrant’s identity.
5. Sponsor’s Use of
Social Post and Petition Content: Posting a Comment or
Comment(s) constitutes entrant’s consent to give Sponsor a royalty-free,
irrevocable, perpetual, non-exclusive license to use, reproduce, modify,
publish, create derivative works from, and display such Comments in whole or in
part, on a worldwide basis, and to incorporate it into other works, in any
form, media or technology now known or later developed, including for
promotional or marketing purposes. If requested, entrant will sign any
documentation that may be required for Sponsor or its designees to make use of
the non-exclusive rights entrant is granting to use the Comment(s).
6. Grand Prize Drawing: Administrator
is an independent organization whose decisions as to
the administration and operation of the Sweepstakes and the selection of the
potential winner are final and binding in all matters related to the Sweepstakes. Administrator
will randomly select the potential Sweepstakes winner from all eligible entries
received during the Promotion Period, on or around February 2, 2024. The
potential winner will be notified by @drumstick by
direct message on Instagram and will be directed to a secure online claim form and asked to provide their name,
email address, mailing address and date of birth in order to confirm
eligibility and for prize fulfillment purposes within two (2) days of the date
notice or attempted notice is sent into order to claim the prize. Next, the
potential winner (or parent/legal guardian if winner is a minor in their state
of residence) will be required to
sign and return a Declaration of Compliance, Liability Waiver and, where not
prohibited, a Publicity Release ("Declaration") which must be
received by Administrator within two (2) days of the date notice or attempted
notice is sent, in order to claim
the prize. If the potential winner cannot be contacted, fails to sign and return the Declaration or provide any
other requested information, within the required time period, or the prize is
returned as undeliverable, the potential winner forfeits the prize. Receiving a
prize is contingent upon compliance with these Official Rules. In the event
that the potential winner forfeits the prize or is disqualified for any reason,
Sponsor will award the prize to an
alternate winner by random drawing from among all remaining eligible entries.
Only three (3) alternate drawings will be held, after which the prize will
remain un-awarded.
7. Prize: ONE (1) GRAND PRIZE: Five-thousand
dollars ($5,000), fulfilled as a check. Retail
Value (“RV”): $5,000.
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 prize
for one of equal or greater value if the designated prize should become
unavailable for any reason. Winner is responsible for all taxes and fees
associated with prize receipt and/or use. Odds of winning the prize depend on
the number of eligible entries received during the Promotion Period. Total RV
of all prizes: $5,000. Prize will be fulfilled
approximately 2-8 weeks after the conclusion of the Sweepstakes.
8. Release: By entering this Sweepstakes, entrants
agree to release and hold harmless Sponsor, Administrator,
Lippe Taylor Group, LLC, Instagram, Inc.,
Meta Platforms, Inc., and Change.org, PBC and their respective subsidiaries,
affiliates, suppliers, distributors,
advertising/promotion agencies, and prize suppliers, and each of their
respective parent companies, and each such company’s officers, directors, employees and agents (collectively, the
“Released Parties”) from and against any claim or cause of action, including,
but not limited to, personal injury,
death, or damage to or loss of
property, third party claims involving the right to privacy, right of
publicity, or intellectual property infringement, arising out of participation
in the Sweepstakes or receipt or use or
misuse of any prize.
9. Publicity:
Except where prohibited, participation in the Sweepstakes constitutes winner’s
consent to Sponsor’s and its agents’
use of winner’s name, prize information, likeness, Comment, Petition Comment,
photograph (including, without
limitation, winner's Instagram profile photo), voice, opinions and/or hometown and state for promotional purposes in any
media, worldwide, without further payment or consideration.
10. General Conditions: Sponsor reserves the right to cancel, suspend
and/or modify the Sweepstakes, if any fraud, technical failures, human error,
or any other factor impairs the integrity or proper functioning of the
Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such
as natural calamities, national emergencies, wide spread illnesses,
declarations of war, acts of God, acts of terrorism) interferes with any aspect
of the Sweepstakes, including but not limited to fulfillment of the prize(s),
as determined by Sponsor in its sole discretion. In such event, Sponsor, in its
sole discretion, may elect to hold a random drawing from among all eligible
entries received up to the date of discontinuance and may modify the prizes
offered herein. 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 Sweepstakes or to be acting in violation of the Official Rules of this
or any other promotion or in an unsportsmanlike or disruptive manner. Any
attempt by any person to deliberately undermine the legitimate operation of the
Sweepstakes 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: 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 Sweepstakes; (2) technical failures of any kind, including, but not limited
to malfunctions, interruptions, or
disconnections in phone lines, social media or other platforms, or network
hardware or software; (3) unauthorized human intervention in any part of the
entry process or the Sweepstakes; (4) technical or human error which may occur
in the administration of the Sweepstakes or the processing of entries; (5)
late, lost, undeliverable, damaged or stolen
mail; (6) lost, late, unreceived, damaged,
incomplete, invalid, un-intelligible, garbled, delayed or misdirected Petition
Signatures or Instagram Comments or failure to receive Petition Signatures or
Instagram Comments due to limitation of third-party social network platforms
or (7) 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 Sweepstakes 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, not received, or otherwise destroyed or
corrupted, entrant’s sole remedy is another entry in the Sweepstakes if it is
possible. 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, un-awarded, eligible prize claims.
12. Disputes: Except where prohibited, entrant agrees
that: (1) any and all disputes, claims and causes of action arising out of or
connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the
United States District Court for the Eastern District of Michigan or the
appropriate Michigan State Court located in Oakland County, Michigan; (2) 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’
fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all
rights to claim, indirect, punitive,
incidental and consequential damages and any other damages, other than for
actual out-of-pocket expenses, and any and all rights to
have damages multiplied or otherwise increased.
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 Sweepstakes,
shall be governed by, and construed in accordance with, the laws of the State
of Michigan without giving effect to
any choice of law or conflict of law rules (whether of the State of Michigan or
any other jurisdiction), which would cause the application of the laws of any
jurisdiction other than the State of Michigan.
13. Entrant's Personal
Information:
Information collected from entrants is subject Sponsor’s Privacy Policy.
14. Winner List: For a winner list, please click HERE. The
winner list will be posted after winner confirmation is complete.
© 2024 Merkle Inc. All rights reserved.
This promotion is in no
way sponsored, endorsed or administered by, or associated with, Instagram,
Inc./Meta Platforms, Inc./Change.org.