HUDSONVILLE ICE CREAM FLAVOR OF DETROIT CONTEST OFFICIAL RULES
Eligibility: NO PURCHASE OR PAYMENT NECESSARY TO WIN. A purchase will not increase your chance of winning. Void where prohibited. To enter, you must be at least 18 years of age and a U.S. citizen or permanent legal resident (green card). The contest is only open to Michigan residents. The following persons are not eligible to participate: Employees, contractors, directors, and officers of Hudsonville Creamery and Ice Cream Company, LLC (“Hudsonville Ice Cream” or “Sponsor”), its parent, subsidiary and affiliated companies, participating retailers, distributors, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Contest (collectively, “Promotion Parties”) and the immediate family members (spouse, parent, child, sibling, grandparent, and/or “step”) of each and those living in their same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Contest).
Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirement set forth herein. In addition, you agree to accept the decision of Hudsonville Ice Cream as final and binding. The Contest is subject to all applicable federal, state and local laws.
Contest Period: Contest submissions must be received between 07:00:00 a.m. Eastern Daylight Time (“EDT”) on May 1, 2017 and 11:59:00 p.m. EDT on May 26, 2017 (“Contest Entry Period”).
To Enter: During the Contest Entry Period, the Sponsor invites participants to submit their ideas for a potential flavor of Hudsonville Ice Cream. During the entry process, participants will be required to submit the following (collectively, each an “Entry”):
All Entries must be received and recorded within the Contest Entry Period. The Sponsor's computer is the official timekeeping device for this Contest. You may enter as many different Entries into the Contest as you like, as long as each Entry is substantially different from previous Entries. If Sponsor determines, in its sole discretion, that a participant has submitted two (2) or more Entries that are not substantially different from each other, the participant and/or the duplicative Entries may be disqualified.
From time to time during the Contest, Sponsor may feature certain Entries on its web site (the "Web Site"), in Sponsor's sole discretion. Being selected as a featured Entry is unrelated to the Selection Criteria and does not guarantee selection as a winner in the Contest nor does it entitle the featured participants to any compensation or prize.
All participants must have a valid email address. All Entries become the sole property of the Sponsor and will not be acknowledged or returned. In the event of an identity dispute, the Entry will be considered made by the registered owner of the email address used for the Entry. “Registered owner” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address.
Each submission must be manually key stroked and/or manually entered by the individual participant; automated and/or repetitive electronic submission of Entries (including but not limited to Entries made using any script, macro, bot or Contest service) will be disqualified and transmissions from these or related email addresses/IP addresses may be blocked. Additionally, use of multiple email addresses, phone numbers and/or mailing addresses, and/or the manipulation of such information, for the purpose of obtaining more than the stated number of Entries and/or prizes, is prohibited and such persons will be disqualified and all Entries shall be deemed ineligible and prizes won (if any) shall be forfeited.
Entry Guidelines: By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, and that Sponsor is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. Sponsor reserves the right to, and may or may not, monitor/screen Entries.
By entering, you acknowledge that your Entry may be posted on the Web Site, in Sponsor's sole discretion. Sponsor has no obligation to use or post any Entry you submit. Sponsor shall have full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse, adapt and/or commercialize any or all portions of the Entries in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world. Entries that are not in accordance with the guidelines as stated herein or are not received during the Contest Entry Period will be ineligible, in Sponsor’s sole discretion.
By submitting an Entry you warrant and represent that: (a) you have read or have had these Official Rules read to you and you are in agreement with these Official Rules; (b) the Entry (including the inspiration/description elements) is your original work, (c) the Entry has not received previous awards; (d) the Entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtained permission from any person whose name, likeness or image is used in your Entry; and (f) publication of the Entry via various media including Web posting, will not infringe on the rights of any third party rights. You agree to indemnify and hold Sponsor and Promotion Parties harmless from any claims arising from any inaccuracy in or breach of any of such representations and warranties.
Any participant whose work includes likenesses of third parties or contains elements not owned by the participant (such as, but not limited to, depictions of buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Entry, in a form satisfactory to the Sponsor, upon request, prior to awarding of prize.
As determined by the Sponsor, in its sole discretion, Entries must meet the following guidelines: (a) must comply with these Official Rules; (b) cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, political, professional or age group, profane or pornographic, or contain nudity; (c) cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (d) cannot be obscene or offensive, endorse any form of hate or hate group; (e) cannot promote terrorist acts such as providing instructions on how to assemble bombs, grenades and other such weapons or provide instructional information about illegal activities; (f) cannot defame, misrepresent or contain disparaging or slanderous remarks about Sponsor, its customers or its products, or other people, products or companies; (g) cannot contain trademarks, logos or trade dress owned by others (except Sponsor’s trademarks, logos or trade dress), or advertise or promote any brand or product of any kind (except Sponsor’s products), without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (h) cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art, stills, or images published on or in television, movies, the Internet or other media, except such materials owned by Sponsor) without permission of the owner(s); (i) cannot contain background artwork, unless it is an original work of the participant; (j) cannot feature any music; (k) cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the participant, without permission of such person or their legal representative; (l) cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and (m) cannot depict, and cannot itself, be in violation of any law.
If you think that any Entry infringes your intellectual property rights, please follow the notification guidelines as stated herein. Hudsonville Ice Cream investigates notices of alleged infringement and takes appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) ("DMCA"). Hudsonville Ice Cream’s Designated Agent to receive notifications of claimed copyright infringement is: CJ Ellens. By Mail: 345 E 48th St #200, Holland, MI 49423. By Email: CJ@hudsonvilleicecream.com. Your notice of claimed infringement must include the following information: (a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work claimed to have been infringed; (c) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit us to locate the material; (d) Information reasonably sufficient to permit us to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law; and (f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner. For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3). Under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys' fees.
ENTRIES POSTED TO THE WEB SITE (IF ANY) WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL PARTICIPANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to participants. Sponsor reserves the right to waive the Entry requirements set forth herein in its reasonable discretion.
Contest Judging: Entries (consisting of flavor ingredients, name and inspiration/description as described above) will be judged by a qualified panel of judges, selected by Sponsor, in its sole discretion, whose decisions are final and binding in all matters relating to this Contest. Entries will be judged on the following criteria:
The participant whose Entry received the highest cumulative scores for all criteria awarded by the judges will be deemed the winner. In case of a tie, tied Entries will be broken by cumulative points awarded for “Potential for delicious flavor for Hudsonville Ice Cream.” If a tie continues, then tie(s) will be broken by the Entry with the highest cumulative point score for “Creativity of potential flavor name,” continuing thereafter to “Explanation of inspiration for potential flavor” until the tie is broken.
The winner will be announced on or around June 5, 2017. Sponsor may ask the winner to participate in interviews, videos and/or other promotional activities related to the Contest. Such participation is voluntary, and the winner will not receive additional compensation for such participation.
Winner Selection and Notification: The winner will be notified by phone and/or email on or about June 5, 2017. If a potential winner cannot be reached within 48 hours after initial contact, or if he/she is found to be ineligible or he/she cannot or does not comply with these Official Rules, such potential winner will be disqualified and an alternate potential winner will be selected at sole discretion of Hudsonville Ice Cream. Hudsonville Ice Cream shall have no liability for a winner’s failure to receive notices. The receipt by winner of the prize offered in this Contest is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
Sponsor is not responsible for any change in participant's email, mailing address and/or telephone number. The winner will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, Publicity Release within ten (10) days of prize notification. If attempted notification is returned as undeliverable or not responded to within the allotted time; if a potential winner cannot be verified; if a potential winner is otherwise disqualified or unable to accept the prize as stated, the prize may be forfeited. Should a potential winner be disqualified for any reason, the winner with the next highest score shall be awarded the prize. To the extent permissible by law, Sponsor reserves the right to ask a potential winner to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Contest will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest as determined by Sponsor, in its sole discretion. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to participants.
By accepting a prize, the winner agrees that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. The winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that the winner may now or later have to his/her Entry. Sponsor reserves the right to alter, change or modify the winning Entry, in whole or in part, in its sole discretion. Upon request of Sponsor, the winner(s) shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
Winning Flavor: The winning flavor will be developed and produced by the Sponsor and offered for retail sale in Fall 2017. The Sponsor reserves the right to amend the Entry (including but not limited to modification of the proposed flavor name and/or the inclusion/omission of one or more of the suggested ingredient(s) in the product formulation) for the winning flavor placed in market. Product and packaging specifications, formulations, manufacturing plant information, distribution and logistics detail, supplier information, margins and sale information for the winning flavor remains Sponsor’s proprietary information. The winner shall not be entitled to access any of Sponsor’s proprietary information except to the extent Sponsor elects to share such information, and Sponsor may condition the sharing of any such information on the execution of a non-disclosure agreement by the winner, as determined solely by Sponsor. Sales and distribution of the winning flavor by participating retailers cannot be guaranteed by the Sponsor. It is at the Sponsor’s sole discretion how much involvement or participation the winner will have (if any) in the product development and/or production process and/or the creation or planning of the package design and/or any related promotional materials for his/her flavor submission.
Prize details: The winner will receive a $500 gift card and 12 coupons to redeem for free Hudsonville Ice Cream. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by the winner is permitted. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. Sponsor may limit, suspend or discontinue sales of and/or rename and/or reformulate the winning flavor at any time without notice in its sole and absolute discretion. Under no circumstances shall acceptance of any prize be deemed to create a relationship of employment, joint venture or partnership between the winner and Sponsor. The winner shall not be entitled to any payments, benefits or entitlements beyond the prize as described above. Tax consequences, if any, resulting from the winner’s acceptance of any prize shall be the sole responsibility of the winner. The winning flavor and their respective formulations and specifications are proprietary to Sponsor and winners have no rights or claims in same. The winner must accept prize as stated by Sponsor or prize will be forfeited and awarded to an alternate Winner. The winner is not entitled to any proceeds from Sponsor’s sale of the winning flavor, or any adaptation thereof, now or in the future, in the U.S. or throughout the world. Sponsor shall determine in its sole discretion, whether and when to expand or discontinue the winning flavor after the Contest.
Limitations of Liability and Release: No liability or responsibility is assumed by Sponsor or Promotion Parties resulting from participant's participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with the Contest. No responsibility or liability is assumed by Sponsor or Promotion Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: Hardware or software errors; faulty computer, cable, satellite, network, electronic, Internet connectivity or other online or network communication problems; errors or limitations of any Internet service providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed or intercepted transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or the Web Site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest.
Sponsor and Promotion Parties are not responsible for any printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing of votes or Entries, the judging of Entries, the announcement of the prizes or in any Contest-related materials. Use of the Web Site is at user’s own risk. Sponsor and Promotion Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer or video equipment resulting from participation in the Contest. By participating in the Contest, participants (and their parent(s)/legal guardian(s) if participants are minors) agree (a) to release Sponsor, the Promotion Parties, Facebook and Twitter from any and all claims, damages or liabilities arising from or relating to such participant's participation in the Contest, including any claim that any future Sponsor product is similar to, based upon, or infringes on the participant’s Entry; (b) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. Without limiting the foregoing, the Contest, the prize and related materials are provided "as-is" without any warranty (except for manufacturers' warranties, if any) or representation of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
By accepting any prize, the winner (a) agrees that Sponsor and Promotion Parties, participating retailers, and all of their respective officers, directors, employees, representatives and agents will have no liability whatsoever for, and shall be held harmless by the winner against, any liability for injuries, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Contest or from acceptance, possession, misuse or use of any prize; and (b) grants (and agrees to confirm grant in writing promptly upon request) to Sponsor and those acting under Sponsor’s authority, and each of their respective designees the right to use his/her name, photograph, likeness, voice, image, statements, biographical information, and Entry (which may be altered, changed, modified, edited, used alone or with other works, as solely determined by Sponsor) at any time or times, for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide, including the Internet, without review, notification or approval, and additional compensation or consideration, unless prohibited by law.
Sponsor and Promotion Parties are not liable in the event that any portion of the Contest is canceled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control.
General Conditions: The winner is solely responsible for any taxes on the prize, and will receive an IRS Form 1099 for the value of the prize. No substitution of prize is offered, except at the sole discretion of the Sponsor. No transfer of prize is permitted. Unclaimed prizes will not be awarded. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right to (a) cancel, suspend and/or modify the Contest, or any part of it, and (b) disqualify any individual who is responsible for such action. If terminated, Sponsor may, in its sole discretion, determine the winner from among all eligible Entries received up to time of such action using the judging procedures outlined herein.
This Contest is offered only in the United States and all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of Michigan, without giving effect to any choice of law or conflict of law rules. As a condition of participating in this Contest, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Michigan having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Contest), and participant further waives all rights to have damages multiplied or increased.
Legal Warning: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN PARTICIPANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Winner List: To obtain a copy of the winner's name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Hudsonville Ice Cream, 345 E 48th St #200, Holland, MI 49423. Requests must be received no later than December 31, 2017.
Social Media Disclaimer: This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter.
Sponsor: The Sponsor of the Contest is Hudsonville Ice Cream, 345 E 48th St #200, Holland, MI 49423.