Halo Top® Newsletter Sweepstakes
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Halo Top® Newsletter 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 Eden Creamery LLC d/b/a Halo Top Creamery, and their respective subsidiaries and affiliate companies and advertising and promotion agencies 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 Promotor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Promoter: Eden Creamery LLC d/b/a Halo Top Creamery, 4470 W Sunset Blvd, #90182, Los Angeles, CA 90027.
3. Timing: The Sweepstakes begins on September 9, 2019 at 10:00 a.m. Pacific Standard Time (“PST”) and ends on September 19, 2019 at 10:00 a.m. PST (the “Promotion Period”).
4. How to Enter: To participate, you will need to have an e-mail account (an “Account”) and be registered to receive e-mail messages from Promoter. If entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.
During the Promotion Period, take the following actions to receive an entry: (1) open the Halo Top Survey Email sent out on September 9, 2019, (2) click the link which will take you to the survey, (3) complete survey questions 1-16 (questions 13, 15 and 16 is optional;question 1 is required for giveaway entrants and collects first name, last name, and e-mail address), and (3) submit survey.
Released Parties (as defined in Section 8, below) are not responsible for lost, late, unreceived, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected submissions; all of which will be void.
Limit: You may enter one (1) time per Account during the Promotion Period for a total of one (1) entry as described in Section 4. Multiple entrants are not permitted to share the same Account. Any attempt by any entrant to obtain more than one (1) entry per Account by using multiple/different Accounts, identities, 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 any registration, the authorized account holder of the Account used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses used to create the Account. Each potential winner may be required to show proof of being an authorized account holder.
5. Drawings: Promoter will randomly select the potential Sweepstakes winners from all eligible entries received during the Promotion Period, on or around September 19, 2019.Each potential winner will be notified by Promoter via e-mail and will be required to provide his/her name, valid mailing address (no P.O. Boxes) and date of birth to confirm eligibility and for prize fulfillment purposes within two (2) days of the date notice or attempted notice is sent into orderto claim the prize. If a potential winner of anyprize cannot be contacted, fails to provide any requested information within the required time period (if applicable), or the prize is returned as undeliverable, the potential winner forfeits his/her prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner is disqualified for any reason, Promoter will award the applicable 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. Entrants who have not been selected will not receive notification that they have not won.
6. Prizes: There is one (1) prize available which will be distributed to one (1) winner.The prize consists of one (1) three-hundred-dollar ($300) VISA® gift card. Approximate Retail Value (“ARV”): $300.00
Prizes are non-transferable and no substitution will be made except as provided herein at the Promoter’s sole discretion. Promoter reserves the right to substitute a prize or any component of a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period. Limit: one (1) prize per person. Total ARV of all prizes: $300.00.
7. Release: By receipt of any prize, winners agree to release and hold harmless Promoter, 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, arising out of participation in the Sweepstakes or receipt or useor misuse of any prize.
8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Promoter’s and its agents’ use of winner’s name, prize information, likeness, Submission, photograph (including, without limitation, winner’s Social Account profile photo), voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
9. General Conditions: Promoter reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Promoter in its sole discretion. In such event, Promoter, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. Promoter 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, Promoter reserves the right to seek damages from any such person to the fullest extent permitted by law. Promoter’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. 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 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; 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 receipt or useor 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, Promoter reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
11. 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 Central District of California or the appropriate California State Court located in Los Angeles County, California; (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 Promoter in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California 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 California.
© 2019 Eden Creamery LLC. All rights reserved.