Ice Cream Day

NATIONAL ICE CREAM DAY GIVEAWAY

OFFICIAL RULES

NO PURCHASE NECESSARY TO WIN. 

Void where prohibited by law.

You must be 18 years of age or older to enter.

ELIGIBILITY:

The NATIONAL ICE CREAM DAY GIVEAWAY Contest (the “Contest”) is sponsored by Dairy Farmers of America, Inc., located at 1405 N. 98th St., Kansas City, KS 66111 (the “Sponsor”), and is open only to persons who are at least 18 years of age or over at the time of entry and who are legal residents of, and currently living in, one of the 48 continental states of the United States (excluding Alaska and Hawaii) or the District of Columbia. The Contest is void where prohibited or restricted by law and is subject to all applicable federal, state, and local laws and regulations. Employees of Sponsor and their immediate family members are not eligible. By entering the Contest, you (“You” or “Entrant”) agree to accept and be bound by these Official Rules. You also agree to accept all decisions of the Sponsor in interpreting these Official Rules, which shall be final and non-appealable in all cases.

CONTEST PERIOD:

The contest period begins on July 16, 2017 at 12:01 AM CST and ends on July 18, 2017 at 11:59 PM CST (the “Contest Period”). All entries (each, an “Entry”) for the Contest must be posted on Facebook (a “Social Site”), as more particularly described below, during the Contest Period. Entries posted outside the Contest Period will not be eligible. 

TO ENTER:

Each Entry consists of a comment (each, a “Comment”), which must be posted on the contest post (the “Contest Post”) on the Social Site. Posting more than one Comment on the Contest Post will not increase or improve your chances of winning the Contest. The Comment must comply with these rules. You may not win more than one Prize in the Contest. If You submit an Entry, which is selected as a winning Entry, all other Entries submitted by You will be ineligible to win.

To enter, go to http://www.dfamilk.com/icecreamday and read the Official Rules and instructions, including the Sponsor’s Privacy Policy, which appear at http://www.dfamilk.com/dfa-policies, then submit a Comment on the Contest Post on the Social Site, as instructed below.

To submit a Comment via Facebook, You must post it on Contest post on the Sponsor’s Facebook wall (www.facebook.com/dfamilk). 

Sponsor will determine, in its sole discretion, which Entries are valid Entries and whether the Entries otherwise meet the eligibility requirements set forth in these Official Rules. All decisions of Sponsor regarding eligibility and the selection of the winner is final. 

RANDOM SELECTION:

Three nominees will be selected, at random, from all valid entries.

PRIZES:

There will be three Prizes awarded in the Contest. The Prize will be a Chef’n Sweet Spot ™ Ice Cream Maker, valued at $49.99. All three Prizes will be the same.

No transfer or substitution of Prizes will be allowed, except by Sponsor, in the event an advertised Prize is not available. In such cases, Sponsor may substitute a Prize of equal or greater value. All taxes on Prizes are the sole responsibility of the winner.

CONDITIONS OF ENTRY:

Valid Entries must be submitted via the internet by means of the methods described above. Incomplete Entries are void.  

SPONSOR SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING ANY IMMEDIATE FAMILY MEMBER, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER RESULTING FROM (I) YOUR ENTERING THE CONTEST, (II) THE AWARDING, RECEIPT, OR USE OR MISUSE OF THE PRIZE, (III) PARTICIPATION IN THE CONTEST OR ANY PRIZE-RELATED ACTIVITIES, OR (IV) ANY AND ALL OTHER DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, PRIVACY, RIGHT OF PUBLICITY OR OTHERWISE, EVEN IF ANY REPRESENTATIVE OF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SPONSOR’S TOTAL LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY ARISING OUT OF OR RELATING TO THE CONTEST EXCEED THE VALUE OF THE PRIZE TO BE AWARDED IN THE CONTEST.

OWNERSHIP OF ENTRIES (PHOTOS AND SHORT ESSAYS):

All Entries will become the property of the Sponsor and will not be returned. You acknowledge such Comment(s) may be posted on Sponsor’s website; may be shared on Twitter; may be shared on Facebook; may be posted on Sponsor’s Instagram; and may be used in one or more of Sponsor’s DFALeader.com blog articles or newsletters, and you grant Sponsor a perpetual right to use such Comment(s). By submitting an Entry, You assign your copyright in the Comment to Sponsor. You waive all moral rights and any other theories in any Photo provided by You. For example, moral rights may include the right that a work not be mutilated or distorted without the author’s permission or the right to decide when a work will be presented to the public. You hereby represent and warrant that You have sufficient rights, whether by implication, estoppel, or otherwise, to grant Sponsor the rights discussed in this Section. You further represent and warrant that Your Entry: (a) is Your original work; (b) has not been previously published; (c) has not won previous awards; (d) does not infringe upon the copyrights, trademarks rights of privacy, publicity, or other intellectual property or other rights of any person or entity; and (e) that publication of the Entry via various social media, including posting on the Web Site, will not infringe on the rights of any third parties.

Sponsor hereby grants to You a limited, revocable, non-exclusive, non-commercial, non-assignable license to use the Comment in Your Entry for the sole and exclusive purpose of reproduction of the Comment in reasonable numbers for distribution to your immediate family members only, and not for any commercial purposes. You may not post the Comment in any social media platform after entering the Contest sell it; publish it; exploit it; exhibit it; or use it in any other way without Sponsor’s prior written permission, which may be withheld in its sole discretion.

WINNERS:

The winners, determined as provided in these Official Rules, will be announced on the day following the Contest Day, or as soon thereafter as reasonably practical, by posts on Sponsor’s Web Site and on Sponsor’s Facebook, Twitter, and Instagram accounts. The winner will also be notified via private message via the Social Site on which the winner posted his or her respective earliest (in time) Entries. Sponsor is not responsible for unsuccessful efforts to notify a winner, including, without limitation, by reason of any inaccurate information or transmission failure that results in the failure to identify or contact a winner. If You are a winner and You refuse to accept the Prize or follow the procedures relating to acceptance of a Prize as solely determined by Sponsor, Sponsor reserves the right to disqualify You from the Contest and award the Prize to the next valid and randomly selected Entry. Return of any Prize or Prize notification as undeliverable may result in disqualification or forfeiture of the Prize and selection of an alternate winner. The winner must respond with a valid mailing address within 7 days of request by Sponsor, otherwise Sponsor may award the Prize to the next valid and randomly selected Entry.

Each winner may be required to sign and return certain documents before receipt of a Prize, including but not limited to, an Affidavit of Eligibility, a Liability Release and, where legally permissible, a Publicity Release. Failure to sign any such document upon the request of Sponsor may result in forfeiture of the Prize and selection of an alternate winner. For a list of winners (available after July 28, 2017), send a self-addressed, stamped envelope to: "NATIONAL ICE CREAM DAY GIVEAWAY – Winners” at the above Sponsor address.

PUBLICITY:

Except where prohibited by law, winner’s acceptance of a Prize will constitute permission for Sponsor, its affiliated companies, sponsors, and Prize donors, to use the winner’s name, likeness, and statements for promotional purposes in reference to the Contest in any media without geographic or time limitation; without additional compensation, consideration, or consent, and without further notice to the winner.

RELEASE AND DISCLAIMER OF WARRANTIES:

By entering this Contest and/or accepting the Prize, You agree to, and hereby do, release Sponsor, its subsidiaries and affiliates, and their respective directors, employees, officers and agents (the "Released Parties"), from any and all liability, loss, or damage arising from or in connection with participation in the Contest or use of the Prize, and from claims based on publicity rights, defamation, or invasion of privacy.

The Released Parties make no warranties, and hereby disclaim all warranties, express or implied, concerning any Prize furnished or awarded in connection with the Contest. Sponsor is not responsible for internet delays that may affect your ability to participate in the Contest.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NONINFRINGEMENT.

REMOVAL AND DISQUALIFICATION:

During the Contest Period, Sponsor may eliminate any Comments and request that the Social Site on which such Comments are posted, remove the Comment at its sole discretion. For example, Comments containing offensive, obscene, or copyrighted content may be removed by Sponsor.  Entries or votes using macro, robotic, script, or other forms of automatic entry will be disqualified. No mechanically reproduced entries are permitted. Sponsor further reserves the right to disqualify any individual who tampers with the entry process. Sponsor may prohibit You from participating in the Contest if it determines that You are attempting to undermine the legitimate operation of the Contest in any manner, including without limitation by cheating, hacking, deception, or other unfair practices, or if You abuse, threaten, or harass other Entrant(s).

AGREEMENT TO OFFICIAL RULES AND DISPUTES:

By entering into and participating in this Contest, each Entrant also agrees that:  (i) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any Prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Unified Government of Wyandotte County, Kansas, or the appropriate Kansas State Court located in Wyandotte County, Kansas; (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (iii) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, and consequential damages and any other damage, 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 LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.  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 Contest, shall be governed by, and construed in accordance with, the laws of the State of Kansas, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Kansas.

This Contest is in no way sponsored, endorsed, or administered by, or associated with, Facebook, Twitter, Instagram, or any other social network (the "Social Networks"). You understand that you are providing Your information to Dairy Farmers of America, Inc. and not to any Social Network. You may not create any additional Social Network accounts just for the purpose of entering this Contest. If you use multiple Social Network accounts to enter, You will be ineligible to win the Contest. You must comply with all requirements of the Social Networks, including any terms and conditions or community guidelines posted on their websites.