Halo Top & Whole Foods Giveaway: Official Rules

NO PURCHASE IS NECESSARY TO ENTER OR WIN.  ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

Eligibility

Halo Top & Whole Foods Giveaway is open to legal residents of the 50 United States (excluding Rhode Island, where it is void) and the District of Columbia, who are eighteen (18) years of age or older at the time of entry. Employees or consultants of Halo Top and other companies associated with the promotion of the Sweepstakes, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of such employee or consultant are not eligible. The Sweepstakes is subject to federal, state, and local laws and regulations.

Sponsor

The Sweepstakes is sponsored by Halo Top Creamery (“Sponsor”) at 4470 W Sunset Blvd #90182, Los Angeles, CA 90027.

Agreement to Official Rules

Participation in the Sweepstakes constitutes entrants’ full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.  Entrant acknowledges that there will be approximately 5,000 entries, if not more, and odds of winning are dependent on the amount of actual entries.

Sweepstakes Period

The Sweepstakes begins on 10:00 AM PST on July 19, 2017 and ends at 11:59 PM PST on July 25, 2017 (“Sweepstakes Period”).  Entries that are submitted before or after the Sweepstakes Period will be disqualified.

 

How to Enter

No purchase or payment of any kind is necessary to enter or win this sweepstakes. To enter the Sweepstakes, using entrant’s Instagram, or Twitter account, entrant must:

o   Method # 1:  Instagram: To participate using Instagram, participants must have a valid, public Instagram Account and be a follower of @halotopcreamery.  Participants are asked to Post a photo with a Halo Top pint(s) at Whole Foods, share by tagging @halotopcreamery, and include the hashtags #HowiHaloTop and #SweepstakesEntry for an entry.   By using the hashtags, participant indicates his/her agreement to these Official Rules. Entrant’s Instagram settings must be public. Entries uploaded from “private” Instagram accounts will not be eligible. Entrants must follow and continue to follow @halotopcreamery through at least 07/26/17 in order to be notified in the event he/she is a potential winner. By submitting an Instagram Entry, Entrants agree to Instagram’s Terms of Use. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram LLC. IMPORTANT: MESSAGE AND DATA RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE TO PARTICIPATE IN SWEEPSTAKES. INSTAGRAM IS FREE TO DOWNLOAD AND AVAILABLE FOR iPHONE FROM THE APPLE APPLICATION STORE AND FOR ANDROID FROM THE GOOGLE PLAY STORE.

o   Method #2: Twitter: To participate using Twitter, twitter followers are asked to sign-up and follow the @halotopcreamery Twitter account and Tweet their photo with a Halo Top pint(s) at Whole Foods and include the hashtags #HowiHaloTop and #SweepstakesEntry to receive one (1) entry into the Sweepstakes. Message and data rates may apply. If a Tweet is more than one post in length it will be considered as one (1) entry into the Sweepstakes with the first post considered the Twitter Entry. By using the hashtags, participant indicates his/her agreement to these Official Rules. Entrant’s Twitter settings must be public. Tweets from private Twitter accounts will not be eligible. Twitter Entry must be posted directly from a participant’s Twitter account. The decisions of the Sponsor are final and binding on all matters relating to determine eligibility of Tweets. Entrants must follow and continue to follow @halotopcreamery through at least 07/26/17 in order to be notified in the event he/she is a potential winner. By submitting a Twitter Entry, entrants agree to Twitter’s Terms of Service. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Twitter, Inc.

Entries

Limit of one (1) entry per person per platform.  All entries become the property of Sponsor and will not be acknowledged or returned.

Prize and Winner Selection

One (1) grand prize winner from Instagram and one (1) grand prize winner from Twitter will be randomly chosen by the Sponsor and announced after July 26, 2017 at 5:00 PM PST. Each grand prize winner will receive the following:

·        $1,000 Whole Foods’ gift card

·        A year supply of Halo Top ice cream (10 pints per month)

Five (5) secondary prize winners from Instagram and Five (5) secondary prize winners from Twitter will be randomly chosen by the Sponsor and announced after July 26, 2017 at 5:00 PM PST. Each prize winner will receive the following:

·        $50 Whole Foods’ gift card

·        VIP package of Halo Top ice cream (all 17 pints shipped)

Grand Prize winners will be required to execute an Affidavit of Eligibility, a Liability Release, and a Publicity Release. Prize may be forfeited if the Prize winner: (i) cannot be reached; (ii) does not respond to the notification within the time provided herein; or (iii) cannot accept or receive the Prize for any reason. Non-compliance with these Official Rules may result in disqualification.

Limit: One prize per household. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements.

Prize and Approximate Retail Values (“ARV”)/Odds of winning. The verifiable retail value of the Grand Prize is $1,718.80 (total retail value of prize for grand prize winners $3,437.60), The verifiable retail value of the secondary prize is $151.83 (total retail value of prize for secondary winners $1,518.30). Limit one (1) prize per winning game code and one (1) prize per household.

Consumer Disclosure. The actual retail value of the Grand Prize is $1718.80 and retail value of the secondary prize is $151.83. Twelve (12) Prizes will be available to be awarded. The Odds of winning is 12 out of 5,000 anticipated entries.

 

Winner Notification

The winners will be notified via direct message on either Instagram,or Twitter after July 26, 2017 by 5:00 PM PST. Sponsor reserves the right to use additional means to contact winner, at its sole discretion.  If a winner does not respond to notification from Sponsor as a winner by 5:00 PM PST on the following day of Sponsor’s notification, then the prize will be forfeited and an alternate winner will be randomly selected from the remaining eligible entries. Winner may not substitute or transfer prizes.  We reserve the right to substitute a prize of equal or greater value in the event a prize is unavailable.  Prizes are not redeemable for cash.  All taxes on prizes are winners’ responsibility.

General Conditions

By choosing to participate in the Sweepstakes, each Sweepstakes participant acknowledges and agrees that Sponsor has the right, in its sole discretion, to elect not to proceed with the Sweepstakes for any reason whatsoever or for no reason.

The 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 Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorneys’ fees) and any other remedies from any such person to the fullest extent permitted by law.

Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.

Permissions

Except where prohibited by law, entry constitutes permission to use entrant and winners’ names, hometown cities and states, voices, likenesses, entries for online posting, and/or any advertising and publicity in any form without additional compensation.  Winners may also be required to sign and return a release of liability, declaration of eligibility and, where lawful, a publicity consent agreement, as conditions of receiving a prize.  Failure to comply with the aforementioned conditions shall be grounds for forfeiture of a prize.  In such a case, an alternate winner will be selected at random from the eligible entries.

Release and Limitations of Liability

By participating in the Sweepstakes, entrants agree to forever and irrevocably release and hold harmless the Sponsor and each of its respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Sweepstakes, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the “Released Parties”) from and against any claim, cause of action, or proceeding arising out of participation in the Sweepstakes or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Sweepstakes, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Sweepstakes; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Sweepstakes, including, without limitation, errors that may occur in the administration of the Sweepstakes, the announcement of the winner, the cancellation or postponement of the event, if applicable, the incorrect downloading of the application the processing of entries application downloads or in any Sweepstakes-related materials; (f) ambiguity with respect to these Official Rules; or (g) any injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or acceptance, receipt, use or misuse of any prizes (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, if any, and in no event shall the entrant be entitled to receive attorneys’ fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

EACH WINNER AGREES TO INDEMNIFY AND HOLD SPONSOR AND WHOLE FOODS HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND ARISING FROM, IN CONNECTION WITH, OR AS A RESULT OF PARTICIPATING IN THE SWEEPSTAKES OR THE WINNER’S ACCEPTANCE OR USE OF ANY PRIZE.

Sponsor and Whole Foods make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any Prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR AND WHOLE FOODS HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Disputes

THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE LOS ANGELES COUNTY, CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN LOS ANGELES COUNTY, CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT, SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR PROMOTION ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE PROMOTION PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.

Inquiries or Questions

Any inquiries or questions regarding this Sweepstakes, other than a request for the names of the winners, may be made by sending the inquiry by e-mail to [email protected]  

Winners List. To obtain a list of the winners’ names, send a self-addressed stamped envelope to: Halo Top & Whole Foods Giveaway Winners, 4470 W. Sunset Blvd., #90182, Los Angeles, CA 90027. A list of winners will be available for at least six months after prizes are awarded.

Void in Rhode Island and wherever else prohibited.

iPhone is a registered trademark of Apple, Inc. This promotion is in no way sponsored, endorsed or administered by Apple, Inc.

Instagram is a registered trademark of Instagram, Inc. This promotion is in no way sponsored, endorsed or administered by Instagram, Inc.

TWITTER is a registered trademark of Twitter, Inc.  This promotion is in no way sponsored, endorsed or administered by Twitter, Inc.