Drumstick® Cone Car Trade Sweepstakes
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF
ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Drumstick® Cone Car Trade
Sweepstakes (the “Sweepstakes”) is open only
4. How
Participation Requirements: To participate, you will need to have a personal TikTok
account. Creating a TikTok account is free but subject to the applicable terms
and conditions (https://www.tiktok.com/legal/page/us/terms-of-service/en#terms-us).
Your TikTok account privacy must be set to allow for friends to direct message
you. If
entering via a mobile device and using your wireless carrier’s network,
standard data charges from your wireless carrier may apply.
(c) Your Comment
need not include any reference, positive or negative, to Sponsor’s products or
services, and including such a reference will not improve your chance of
winning. However, your Comment must not violate any of the Content
Restrictions listed below; and
(d) You must not change your TikTok 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
Comment must not convey any claims of Sponsor’s products or services that would
be deemed unsubstantiated or deceptive if made by Sponsor;
·
Your
Comment must not disparage Sponsor or any other parties;
·
Your
Comment 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;
By posting a Comment that conforms to all of the above requirements, you will receive one (1) Sweepstakes entry. Sponsor, in its sole discretion, may disqualify any Comment that it finds unlawful, or in violation of these Official Rules.
6. Grand Prize Drawing: Administrator is an independent
organization whose decisions as to the selection of the
potential winner are final and binding. Administrator will randomly select
the potential Sweepstakes winner from all eligible entries received during the
Promotion Period, on or around August 7, 2024. The potential Grand Prize winner
will be notified by @drumstick via direct message on TikTok 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 three
(3) days of the date notice or attempted notice is sent into order to claim the
prize. Next, the potential Grand Prize 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") and IRS Form W-9, which must be received by
Administrator within five (5) days of the date notice or attempted notice is
sent, in order to claim the prize. If the potential winner of the prize
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 the
prize is contingent upon compliance with these Official Rules. In the event
that the potential winner is disqualified for any reason or forfeits the prize,
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: Winner will
receive one (1) mini truck with the exterior wrapped in a custom Drumstick
branded wrap. Mini truck will be a 25+ year old used vehicle awarded as-is,
with an automatic transmission and right-hand drive. Mini trucks may not be
driven on interstate highways and are not street legal on all state or local
roadways. In some areas/states mini trucks may only be used on private
property. Winner is solely responsible for checking with their state and local
laws for restrictions on mini truck use in their area. Winner is also solely
responsible for obtaining vehicle registration, insurance, and any other
documentation required to lawfully operate prize in winner’s state of residence
(as applicable). Winner understands that hazards exist while operating a motor
vehicle. If personal injury, death, or damage occurs as a result of such
hazards, winner expressly assumes all associated risk. Approximate Retail Value (“ARV”) of
Grand Prize: $9,500.
In lieu of the Grand Prize, winner may opt to accept one (1) $10,000
check in their name (“Cash Alternative”). If winner selects the Cash
Alternative, their decision is final and binding, and the Grand Prize will be
forfeited in its entirety.
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. Prize will be delivered to
winner’s physical address provided during the winner confirmation process. Winner
is responsible for all taxes and fees associated with prize receipt and/or use.
Winner will receive an IRS Form 1099 MISC reporting the actual value of the
prize received. ARVs are determined as of the time these Official Rules were
published and the value of a prize may fluctuate. A winner is not entitled to
any difference between the ARV and the actual value of the prize at the time
the prize is awarded. All other costs and expenses associated with acceptance
of the prize that are not expressly set forth herein shall be solely the
winner’s responsibility. Prizes are provided “as is” without warranty of any
kind, either express or implied, including but not limited to, the implied
warranties of merchantability, fitness for a particular purpose or
non-infringement. Prize will be fulfilled approximately 8-10 weeks after winner
confirmation.
8. Release: By entering this Sweepstakes, entrants
agree to release and hold harmless Sponsor, Administra
9. Publicity:
Except where prohibited, participation in the Sweepstakes constitutes the winner’s
consent
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, including but, not limited to submitting fraudulent entries, 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. In no event
will more prizes than are stated in these Official Rules be awarded. If, for
any reason, more prize notifications are sent (or more claims are received)
than the number of prizes offered, as set forth in these Official Rules,
Sponsor reserves the right to award the intended number of prizes through a
random drawing from among all eligible prize claims received. In the
event there is a discrepancy or inconsistency between, any other statements
contained in any Sweepstakes-related materials (including printed versions of
these Official Rules) and the Official Rules as posted on the Official Rules
URL, the Official Rules as posted on the Official Rules URL shall prevail,
govern, and control.
11. Limitations
of Liability: The Released Parties are not responsible for: (1) any
incorrect or inaccurate information either
caused by printing errors or by any of the equipment or programming associated
with or utilized in the Sweepstakes or provided by entrants; (2) technical
failures of any kind, including, but not limited to malfunctions,
interruptions, or disconnections to the internet, in phone lines or network
hardware or software; (3) unauthorized human intervention in any part of the
Sweepstakes, including but not limited to the entry process; (4) technical or
human error which may occur in the administration of the Sweepstakes, including but not limited to the processing of entries;
(5) late, lost, undeliverable, damaged or stolen mail; or (6) 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 to the
receipt, use, inability to 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 Sweepstakes, if it is possible.
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
13.
Severability: If the application of any provision of these
Official Rules to any particular facts or circumstances shall for any reason be
held to be invalid, illegal or unenforceable by a court, arbitration panel or
other tribunal of competent jurisdiction, then (a) the validity, legality and
enforceability of such provision as applied to any other particular facts or
circumstances, and the other provisions of these Official Rules, shall not in
any way be affected or impaired thereby; and (b) such provision shall be
enforced to the maximum extent possible.
In addition, if any provision contained in these Official Rules shall
for any reason be held to be excessively broad as to duration, geographical
scope, activity, or subject, it shall be construed by limiting and reducing it,
so as to be enforceable to the extent compatible with applicable law.
14. Entrant's Personal
Information:
Information collected from entrants is subject Sponsor’s Privacy Policy https://www.icecream.com/us/en/privacy-policy.
15. 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, Tik Tok Inc.