Halloween costume contest
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
1. ELIGIBILITY: The Halo Top 2018 Halloween Costume Contest (“Contest”) is open to legal residents of the 50 United States and the District of Columbia who are at least eighteen (18) years of age or the age or majority in their jurisdiction of residence, whichever is older, at the time of entry. Employees of Eden Creamery LLC dba Halo Top Creamery (“Sponsor”) and its parent companies, affiliates, subsidiaries, divisions, and advertising and promotion agencies and partners, including but not limited to BuzzFeed, Inc. (collectively “Sponsor Entities”), and their immediate families and household members are not eligible to enter or win. For purposes of this Contest, “immediate families” means parents, grandparents, children, grandchildren, and siblings.
2. TO ENTER: To enter the Contest, you must post a photo of your Halo Top®-themed Halloween costume (the “Submission”) to your Facebook, Instagram, or Twitter account (your “Social Media Account”) using the hashtags #happyHALOween and #ContestEntry and tag @halotopcreamery (an “Entry”). Entries will only be accepted between October 16, 2018 at 12:01 am EST and October 30, 2018 at 11:59 pm EST (the “Promotion Period”). Only one (1) entry per person. Entries that are lost, late, misdirected, illegible, incompletely received, or incomplete, for any reason, will not be eligible and are not the responsibility of the Sponsor. Proof of posting will not be deemed to be proof of receipt. All entries become the property of Sponsor. In the event of a dispute over the identity of a potential winner, the winning entry will be declared made by the authorized account holder of the Social Media Account submitted at the time of entry, and any potential winner may be required to provide evidence sufficient to show that he/she is the authorized account holder of that Social Media Account address.
Submission Guidelines and Restrictions:
The Submission may not include a collage or carousel of images or video; only a single image is permitted;
The Submission must meet format requirements of the Social Media Account used;
The Submission must include a caption written in English; and
The Submission must tag @halotopcreamery and include the hashtags #happyHALOween and #ContestEntry at the beginning of your post.
Permissions: Entrant must have permission from any recognizable individuals who appear in the photo Entry to use their names and likenesses in the photo Entry and to grant the rights set forth herein. Minors may only be included in the photo Entry if entrant is their parent or legal guardian. If requested, entrant must be able to provide such permissions or proof in a form acceptable to Sponsor.
Submission Content Restrictions:
Submissions must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity, or intellectual property rights, or that constitutes infringement;
Submissions must be original work created by the entrant and must not contain content created by a third party, such as images or artwork;
Submissions must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use in his/her photo Entry solely in connection with entry in this Contest.
Submissions which contain intellectual property owned by Sponsor may not be used for any other purpose except entry into this Contest and may not be licensed to third parties for use or for any other purposes.
Submissions must not disparage Sponsor or any other person or party affiliated with the Contest;
Submissions must not contain material that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous, derogatory, or libelous;
Submissions must not contain material that promotes bigotry, racism, hatred, or harm against any group or individual, or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and
Submissions must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any state where the Submission is created.
Sponsor reserves the right in its sole discretion to disqualify any Submission that violates Content Restrictions or that otherwise does not comply with the requirements of these Official Rules.
Sponsor reserves the right to remove entries that violate the Submission Guidelines and Restrictions or for which a valid DMCA notice or other infringement claim is received.
3. LICENSE: Each entrant represents and warrants that it is the author and owner of the Submission and has all rights in the Submission. Entrant hereby grants, and posting or uploading a photo Entry constitutes entrant’s grant, to Sponsor Entities a royalty-free, irrevocable, perpetual, non-exclusive (except as to Submissions which contain intellectual property owned by Sponsor, which may not be used by Entrant any other purpose except entry into this Contest and which may not be licensed to third parties for any purposes), transferable license to use, reproduce, modify, publish, create derivative works from, and display such Submission 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 Submission. Each entrant also irrevocably waives any and all so-called moral rights they may have in the Submission. Each entrant further agrees to defend, indemnify and hold harmless Sponsor Entities from and against any claims, lawsuits, liabilities or expenses (including attorney’s fees) arising out or related to that entrant’s Submission or violation by entrant of these Official Rules.
4. SELECTION AND NOTIFICATION OF WINNER: On or around October 31, 2018, a panel of judges consisting of a panel of three (3) judges, including Sponsor employees (“Judges”) will select three (3) winners (each a “Winner”) based on the following criteria, judged on a scale of 1-10: adherence to theme (25%), level of detail (25%), originality] (25%), and “wow factor” (25%) for a total of forty (40) possible points. In the event of a tie, the Entries involved in the tie will be reviewed by an additional judge who will serve as a tiebreaker and who will evaluate Entries according to the criteria listed above. All decisions of the Judges are final and binding on all entrants.
The Winners will be notified on or after October 31, 2018 by direct message to their Social Media Account. Upon the request of the Sponsor, the potential Winner may also be required to return an Affidavit of Eligibility, Publicity and Liability Release and Prize Acceptance Form (except where prohibited by law), and IRS W-9 form (“Prize Documentation”). Failure of a Winner to accept the Prize or respond to any Prize notification or other Prize Documentation within three (3) business days, or provide the Prize Documentation within said time period, or any Prize notification that is returned as undeliverable, will result in said Winner’s disqualification, the forfeiture of his or her interest in the Prize, and the award of the Prize to a substitute Winner to be selected based on the criteria above from all remaining eligible entries.
5. PRIZES: Three (3) grand prizes (“Prizes”) will be awarded, each consisting of one year’s supply of Halo Top®light ice cream (eight (8) pints of Halo Top®per month for twelve (12) consecutive months). The approximate retail value (“ARV”) of each Prize is $576.00 USD. The Prizes will be delivered only to verified Winners. Sponsor will substitute pints of Non-Dairy Halo Top®for each Winner who lives in a state that restricts awarding of a dairy prize. There is no substitution for the Prize or any portion of the Prize, except Sponsor who reserves the right, in its sole discretion, to substitute a prize or portion of prize of comparable value. Prizes are not transferable or redeemable for cash, except in the sole discretion of Sponsor. All Prize details, including but not limited to flavor type, are at Sponsor’s sole discretion. Incidental expenses and all other costs and expenses which are not specifically listed as part of a Prize in these Official Rules and which may be associated with the award, acceptance, receipt, and use of all or any portion of the awarded Prize are solely the responsibility of the respective Prize Winners. All federal, state, and local taxes associated with the receipt or use of any Prize are solely the responsibility of the Winner.
6. APPLICABLE LAW AND JURISDICTION: This Contest is void where prohibited. This Contest is subject to all applicable federal, state, and local laws and regulations. Any dispute arising out of this Contest or the Prize shall be governed by the laws of the State of California, without regard to its choice law principles, and shall be subject to the exclusive jurisdiction of the state and federal courts in the State of California. Entrants consent to the personal jurisdiction of said courts.
Except where prohibited by law, as a condition of participating in this Contest, entrant agrees that any and all disputes and causes of action arising out of or connected with this Contest, or prize awarded, shall be resolved individually, without resort to any form of class action. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
7. WAIVERS AND RELEASES: By entering, entrants agree: (a) to be bound by these Official Rules and the decisions of Sponsor, which are final and binding; (b) to waive any right to claim ambiguity in the Contest or these Official Rules; (c) that they may be contacted in person, by phone, or by e-mail, with respect to the Contest; (d) that Sponsor, its parent companies, affiliates, subsidiaries, divisions, and advertising and promotion agencies, and their respective officers, directors, shareholders, and employees (collectively “Releasees”) are not responsible for lost, damaged, or misplaced entries, incorrect or inaccurate transcription of entry information, or for any human or other error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or web site, or any other error or malfunction, or any injury or damage to entrant’s or any other person's computer related to or resulting from participation in this Contest, or for any injury to person or property; and (e) that the Releasees will not be liable for losses or injuries of any kind resulting from acceptance/possession/use and/or misuse of the Prize, travel to and from any prize-related activity, participation in the Contest, or printing, mailing or distribution errors. Each Winner further acknowledges that Sponsor does not make any warranties, express or implied, relating to the Prize itself and that Sponsor expressly disclaims the implied warranties or merchantability and fitness for a particular use.
8. PUBLICITY: Unless prohibited by law, entry into the Contest constitutes permission for the Releasees to use that entrant’s name, address (city and state), picture, biographical information, statements, voice and likeness in any advertising and publicity Sponsor may conduct relating to the Contest in any media or format, whether now known or hereafter developed, including but not limited to the World Wide Web, at any time or times in perpetuity, without further compensation or notice, except where prohibited by law.
9. RIGHT TO VOID/TERMINATE/MODIFY: If for any reason the Contest is not capable of being executed as planned, or tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Sponsor corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to disqualify any suspect entry and to cancel, terminate, modify or suspend the Contest, and/or award the Prizes from among all eligible, non-suspect entries received as of the date of the termination, as Sponsor determines in its sole discretion. Entries not complying with these Official Rules are subject to disqualification.
11. SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
12. TRADEMARKS: Trademarks referenced herein are owned by their respective companies and do not imply or suggest that such companies endorse or support this Contest.
13. TO RECEIVE WINNERS LIST OR OFFICIAL RULES: To request the names of the Winners (available after November 9, 2018) or a copy of these Official Rules, e-mail your request to [email protected] Requests for a copy of these Official Rules received more than thirty (30) days after the Promotion Period will not be honored.
14. SOCIAL MEDIA
Facebook Release and Disclaimer. Each entrant acknowledges and agrees that this Contest is in no way sponsored, endorsed or administered by, or associated with Facebook. By entering the Contest, each entrant is providing information to Sponsor and not to Facebook. By entering the Contest each entrant hereby releases and agrees to hold harmless Facebook completely from any liability in respect of the Contest. Any questions, comments or complaints regarding the Contest will be directed to Sponsor and not Facebook. By participating via the Facebook platform, participants are also subject to Facebook’s data policy and terms of service, which can be found at https://www.facebook.com/full_data_use_policy and https://www.facebook.com/terms.php.
15. SPONSOR: The Sponsor of this Contest is Eden Creamery LLC dba Halo Top Creamery. 4470 W. Sunset Blvd. #90182, Los Angeles, CA 90027.