GIFFORD’S FINALS SWEETPSTAKES RULES
Official Rules 2022
1. General: NO PURCHASE NECESSARY TO PARTICIPATE OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY INSTAGRAM.
3. Sweepstakes Period: The Sweepstakes begins at 9:00:00 am Eastern Time (“ET”) on June , 2022 and ends at 11:59:59 am ET on June , 2022 (the “Sweepstakes Period”).
4. How To Enter: There is one (1) method of entry for this Sweepstake. During the Sweepstakes Period, entrants must (a) follow @giffordsmaine on Instagram, (b) post a photo on their public Instagram profile of the entrant wearing Celtics gear while eating Gifford’s Full Quart Pretz ice cream out of the quart (the “Post”); (c) tag @giffordsmaine in the Post (the “Tag”); and (d) include the hashtag #Giffords2022FinalsSweeps (“Hashtag”) in the caption. Once the Post is published with the Tag and the Hashtag, the entrant will be automatically entered to win the prize described in Section 5. At the time of his/her entry and at the time the winner is selected, (x) entrant’s Instagram profile must be public, and (y) entrant must follow @giffordsmaine on Instagram. If your Instagram profile is set to the “Private” setting, your entry may be disqualified and rejected as ineligible for consideration in the Sweepstakes.
Each entry must be the original work of the entrant and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. For the sake of clarity, Posts must not depict NBA marks (e.g., “NBA Finals or NBA Champions”) or reference any other NBA member teams or players on other NBA member teams. If any minors appear in an entry, the entrant must be that minor’s parent and/or legal guardian.
There is a limit of one (1) entry per person throughout the entire Sweepstakes Period. All entries must comply with these Official Rules, including, without limitation, the Submission Guidelines (“Submission Guidelines”) detailed below.
Proof of submission of entry does not constitute proof of delivery or entry during the Sweepstakes Period. All entries become the property of Sponsor and will not be returned. Multiple entrants are not permitted to share the same email address or account. Incomplete entries, entries by script, macro or other automated means, or entries that do not fully comply with these Official Rules, including without limitation, the Submission Guidelines, or which subvert the entry process, in the sole discretion of Sponsor, will not be eligible. All entries must be received during the Sweepstakes Period to be eligible. The computer clock of the administrator is the official timekeeping device.
There is a limit of one (1) entry per person throughout the Sweepstakes Period. Submission of multiple entries via the same method by or on behalf of the same person may result in ineligibility with respect to all entries for such person. No incomplete entries will be accepted. Entries must be in English. Entries that contain content that, in Sponsor’s sole discretion, is not suitable or appropriate or is deemed lewd may be disqualified. Entry material that violates or infringes upon another’s rights, including but not limited to privacy, publicity or intellectual property rights (including, without limitation, trademark or copyright infringement), without permission will also be disqualified. All Entries, if appropriate and eligible, will remain in the feed for all to see. In the event of any dispute concerning the identity of any entrant, the relevant entry will be deemed submitted by the authorized Instagram account holder Instagram account used to enter. Any attempt by a participant to obtain more than one entry, by using multiple/different email addresses, Instagram accounts, identities, or any other online methods, may void all of such participant’s entries. Entrants and the winner acknowledge and agree that their entries become the property of the Sponsor, which thereby has the right to edit, adapt, modify, reproduce, promote and otherwise use Entries (or excerpts of entries) in any way it sees fit.
5. Random Drawing/Winner Determination/Prize/Approximate Retail Value (“ARV”): On or about one (1) business day after the Sweepstakes Period has ended, Sponsor or its designee shall perform a random prize drawings in order to select one (1) potential Prize (“Prize”) winner from all eligible entries received via Instagram. Once confirmed, as detailed below, (a) the Prize winner will receive a one (1) year supply of Gifford’s Ice Cream (2 quart coupons per month, or 24 a year ARV $150). The decisions of Sponsor are final and binding on all matters relating to this Sweepstakes. Odds of winning a Prize are dependent upon the total number of eligible entries received during the Sweepstakes Period. In no event will Sponsor be responsible for awarding more than the stated number of Prizes herein. Prize conditions may be added or modified by companies providing those portions of the Prize. The Prize restrictions/conditions stated herein are not all-inclusive. No transfer, substitution or cash equivalent for any Prize, in whole or in part, will be permitted, except at Sponsor’s sole discretion due to Prize unavailability for any reason, and only then for a prize of greater or equal value determined by Sponsor shall be allowed. Prize is subject to all applicable taxes. The Sponsor shall have the right, but not the obligation, to make any deductions and withholdings that the Sponsor deem necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances. An IRS Form 1099 or IRS Form W2G may be issued in the name of each Prize winner for the actual value of the prize received. Each Prize winner must show a photo ID upon a Sponsor’s request to redeem their prize. Sponsor reserves the right to substitute any prize, or portions thereof, with a prize of comparable or greater value, at its sole discretion.
6. Prize Winner Notification/Verification: The potential Prize winners must comply with these Official Rules as published in order to be confirmed as the official winner and accept the prize. On or about one (1) business day after the random drawing, Sponsor or Administrator will notify the potential Prize winners via direct message via Instagram, as applicable depending on method of entry. Upon notification or notification attempt, the potential Prize winners will be required to respond to such notification as provided, accepting the prize and providing his/her physical and/or email address (as requested), for Prize delivery purposes, within twenty-four (24) hours of such notification or notification attempt, or the Prize will be forfeited, and an alternate potential Prize winner will be selected/determined as outlined above. Sponsor will attempt to contact the potential prize winners two (2) times during the twenty-four (24) hour period. If in any instance, notification attempt(s) for the potential Prize winner fail for any reason, or if the potential Prize winner is found to have not complied with these Official Rules or instructions upon notification, such Prize will be forfeited and an alternate potential Prize winner will be selected/determined as outlined above. Acceptance of a prize constitutes permission for the Sponsor and its designees to use the name, account information, email, or actual or simulated likeness, biographical information, the Post, other Sweepstakes entry content, city, state, opinions, and prize information of the Prize winner in connection with the Sweepstakes and the marketing thereof (including, without limitation, for advertising and promotional purposes), in perpetuity, throughout the universe, in all media, without additional compensations, unless prohibited by law. If any such content contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of such content, any and all releases and consents necessary to permit the use of such content in the manner set forth in these Official Rules without additional compensation. Further, the Prize winner hereby agrees to hold harmless and indemnify the Released Parties from any claims, damages, liabilities and expenses (including reasonable legal fees) (however named or described, whether alleged or actual), with respect to, arising out of or relating to: (a) the entrant’s participation in the Sweepstakes and Sweepstakes entry content, including, but not limited to, personal injury, death; property damage, as well as claims based on publicity rights, defamation and/or invasion of privacy; and (b) the delivery, misdelivery, acceptance, possession, use of, misuse of, or inability to use any prize (including any type or manner of costs or damages), whether under a theory of contract, tort (including negligence), warranty, or any other theory; and (c) travel to or from any Sweepstakes-related activity.
7. General Terms/Limitation of Liability: Noncompliance with any of these Official Rules may result in disqualification. Sponsor assumes no responsibility for late, lost, jumbled, incorrect, or inaccurate entries, whether caused by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error. Sponsor is not responsible for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or other services, providers, computer equipment, software, failure of any e-mail, technical problems or traffic congestion on the Internet or at any website including, without limitation, any injury or damage to participant’s or any other person’s computer related to or resulting from participation in this Sweepstakes. Sponsor is not responsible for any typographical or other error(s) in administration of the Sweepstakes, or in the selection/announcement of the Prize winner. If, for any reason, the Sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, notice will be posted where Sponsor deems fit and the prize will be awarded as outlined above from those eligible entries received up until the time of termination. All interpretations of these Official Rules and decisions by Sponsor are final. No software-generated, robotic, programmed, script, macro or other automated entries are permitted. Sponsor reserves the right in their sole discretion to disqualify any individual they suspect or find: (i) to have used a software-generated, robotic, programmed, script, macro or other automated online entry mechanic; (ii) to have tampered with the participation process or the operation of this Sweepstakes; (iii) to be acting in violation of these Official Rules; (iv) to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (v) to have provided inaccurate information on any legal documents submitted in connection with this Sweepstakes. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
8. Releases, Waiver, and Indemnification: By entering the Sweepstakes, participants agree that the Released Parties: (a) shall not be responsible or liable for, and hereby release the Released Parties from, any claims, losses, damages or injuries of any kind (including death) resulting, in whole or in part, directly or indirectly, from participation in the Sweepstakes or any Sweepstakes-related activity, or from acceptance, receipt, possession and/or use/misuse or inability to use the Prize; and (b) have not made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to a prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. The Released Parties shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to: (1) by any wrongful, negligent or unauthorized act or omission on the part of any of their agents, servants, employees or independent contractors; (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties; or (3) by any other cause, condition or event whatsoever beyond the control of the Released Parties. Failure of Sponsor to enforce any provision herein shall not be deemed a waiver of such. UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND PARTICIPANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL SPONSOR BE LIABLE TO ANY PARTICIPANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE INDIVIDUAL ENTRANT IN THIS SWEEPSTAKES. In the event that a court, or other tribunal of competent jurisdiction, shall hold any of the provisions of these Official Rules to be illegal, invalid, or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Official Rules shall otherwise remain in full force and effect. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants and Sponsor in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Maine, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. The forum and venue for any dispute shall be in Maine.
9. Request for the Name of Winner and/or Official Rules: For the name of the Prize winner, available after the Sweepstakes Period has ended, send a self-addressed stamped envelope, which must be received by July , 2022, to: Gifford’s HomeMaine Ice Cream, 25 Hathaway Street, Skowhegan, ME, 04976.
10. Sponsor: Gifford’s Dairy, Inc., doing business as Gifford’s Famous Ice Cream, 25 Hathaway Street, Skowhegan, ME, 04976.