Crystal Creamery®
Staying Local, Eat Ice Cream Sweepstakes
Official Rules
1. Description of the Promotion: Crystal Creamery (the “Sponsor”) is offering the Crystal Creamery® Staying Local, Eat Ice Cream Sweepstakes (the “Promotion”) and will select winners and award prizes on the basis of random selection. No purchase or payment of any kind is necessary to enter or win this sweepstakes. A purchase or payment of any kind will not increase your chances of winning. You must have an electronic device with Internet access in order to enter. The Promotion begins on July 1, 2020 at 12:00 AM Pacific Time (“PST”) and ends on July 19, 2020 at 11:59 PM PST (“Promotion Period”). Sponsor’s computer is the official time keeping device for this Promotion.
2. Eligibility: The Promotion 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. Void in Guam, Puerto Rico, the U.S. Virgin Islands, and other U.S. territories and possessions, overseas military installations and where prohibited by law. Employees of Crystal Creamery or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Promotion and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year whether related or not) of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. How to Enter: To enter, visit: https://www.crystalcreamery.com/stayinglocal (“Website”) during the Promotion Period and access the online entry form. You will receive one (1) personal entry (“Personal Entry”) into the Promotion upon providing your vote in response to the Sweepstakes question, and successful completion and submission of the entry form, which will include your providing the following information: first name, last name, email address, and consent to provide said information to Crystal Creamery.
There is a limit of one (1) Personal Entry per person per day during the Promotion Period. A “day” is defined as any twenty-four (24) hour period beginning at 12:00:00 AM PST and ending at 11:59:59 PM PST the following day.
You can receive additional entries by referring the Promotion to family or friends (“Referral Entries”). When you share the referral link provided on the screen following your entry, you will receive one (1) additional Referral Entry in the Promotion for each person who enters via the referral link.
Ensure your Sweepstakes Submission complies with the following:
Your Sweepstakes Submission (a) should be your original text, and cannot contain any third party copyrighted or proprietary language; (b) must be suitable for general audiences (i.e., may not be obscene, indecent or offensive in any manner to any viewing audience and (c) must not depict or in any way violate either the spirit or letter of any law or regulation.
In Sponsor’s sole opinion, Sweepstakes Submissions which do not meet any of these requirements will be disqualified.
4. Winner Selection: On or about July 24, 2020, the Sponsor will conduct a random drawing from all eligible entries to select one (1) Grand Prize winner and ten (10) runners-up winners. There is a limit of one (1) prize per person.
5. Prizes:
One (1) Grand Prize winner will be selected to receive one (1) $250 gift card to a local grocery store of their choice, one (1) $250 donation to their local food bank, and three (3) packages of Crystal Creamery ice cream chosen by Crystal Creamery, approximate retail value (“ARV” $512).
Ten (10) Runners-Up Prize winners will be selected and each will receive three (3) packages of Crystal Creamery ice cream chosen by Crystal Creamery, approximate retail value (“ARV” $120).
There are a total of eleven (11) prizes available with the total ARV of all prizes of $632.00. The odds of winning any prize depends upon the total number of eligible entries received.
No cash equivalent for the prizes, prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use.
6. Verification of Potential Prize Winners: Potential Prize winners will receive a winning notification email (“Email Notification”), for the purposes of prize fulfillment and an acknowledgment of acceptance of these Official Rules, at the email address provided in the submission. Potential winners must respond within forty-eight (48) hours of Sponsor’s Email Notification confirming their email address and/or providing their physical street address for the purposes of prize fulfillment. Failure to do so will result in disqualification and selection of an alternate winner.
Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within two (2) days of the first notification attempt, or if the prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected as detailed herein. Sponsor may successively attempt to contact up to three (3) potential winners for each prize in accordance with such procedure, and if there is still no confirmed winner of a prize after such attempts have been made, such prize may, at Sponsor’s sole discretion, go unawarded.
7. Entry Conditions and Release: By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Promotion; (b) release and hold harmless the Sponsor, the prize suppliers and each of their respective parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion, and all of their respective past and present officers, directors, employees, shareholders, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Promotion, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant’s participation in the Promotion and/or winner’s acceptance, use or misuse of a prize.
8. Publicity: Except where prohibited, acceptance of a prize constitutes winners’ consent to Sponsor’s and its designee’s use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
9. General Conditions: Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant’s plays and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Sweepstakes Submissions, which will be disqualified. In the event of a dispute as to any Sweepstakes Submission, the authorized account holder of the email address used to register will be deemed to be the registrant or player. 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 for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. All Sweepstakes Submissions become the property of Sponsor and will not be returned.
Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. In the event of such cancellation, Sponsor will select winners and award prizes from among eligible entries received prior to such cancellation. 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 Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion 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.
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 Promotion; (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 Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) 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 Promotion or receipt or use or misuse of any prize.
11. Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, other than those concerning the administration of the Promotion or the determination of winners, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate State Court, for the state of California; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (iv) 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 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 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 Promotion, 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 California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
12. Entrant’s Personal Information: Information collected from entrants is subject to the Sponsor’s Privacy Policy which is available at https://crystalcreamery.com/privacy-policy/
13. Promotion Results: To obtain a copy of the winners list, send a self-addressed stamped envelope postmarked no later than August 19, 2020 to the Crystal Creamery Staying Local, Eat Ice Cream Sweepstakes c/o Crystal Creamery 529 Kansas Avenue, Modesto, CA 95351. VT residents may omit return postage.
14. Sponsor:
Crystal Creamery
529 Kansas Avenue
Modesto, CA 95351