Official Sweepstakes Rules (“Official Rules”)
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ENTRANTS MAY UPLOAD ONE NEW ENTRY PER DAY DURING THE SWEEPSTAKES PERIOD (3/1-3/31). All federal, state and local laws and regulations apply. Void where restricted or prohibited by law.
1. HOW TO ENTER: Show Us Your #icecreamart (the “Sweepstakes”) begins on March 1st, 2018 at 9:00 a.m. Mountain Standard Time (“MST”) and ends on March 31st 2018 at 5:00 p.m. MST (“Sweepstakes Period”). To enter, you must (a) have an active Facebook account or Instagram account; (b) follow the official Facebook or instagram account for Heifer and the Hen (http://www.Facebook.com/heiferandthehen or http://www.Instagram.com/heiferandthehen); and (c) submit one (1) Qualifying Post (as defined in Section 3 below). Entrants may upload one new entry per day during the Sweepstakes Period. If an entrant provides more than one entry per day, only the first entry will be judged. Uploading more than one entry does not increase the chance of winning. No stock or professional photos can be used. Any entrant found to create or use multiple Facebook or Instagram accounts to enter the Sweepstakes will be disqualified and ineligible. Sponsor’s decisions will be final in all matters relating to the Sweepstakes and winner eligibility. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, damaged, unintelligible or misdirected entries, all of which are void. Each potential winner may be required to show proof of being the authorized individual account holder of the Facebook or Instagram account associated with the winning entry in order to be awarded a prize. By entering this Sweepstakes, you agree to the terms of these Official Rules and the decisions of the Sponsor, whose decisions shall be final and binding. Sponsor may at its sole discretion disqualify anyone who violates these Official Rules or undermines the integrity of the Sweepstakes.
2. ELIGIBILITY: Open to all legal U.S. residents who are individuals 18 or older at the time of entry, excluding employees of Heifer and the Hen. (“Sponsor”). Prizes will be given at our Boulder, CO location only.
3. QUALIFYING POST: A “Qualifying Post” must meet all of the following requirements:
(a) Tag @heiferandthehen and include the hashtag #heiferandthehenicecreamart
(b) be subject to editorial review by Sponsor employees/representatives;
(c) not contain profanity, non-family-friendly content, derogatory, defamatory, trade libelous, obscene or other inappropriate content, including, without limitation crude, vulgar or offensive language and/or symbols, derogatory characterizations of any ethnic, racial, sexual or religious groups, content that endorses, condones and/or discusses any illegal, inappropriate or risky behavior or conduct, personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic), conduct or other activities in violation of these Official Rules, commercial messages, comparisons or solicitations for products or services other than those of Sponsor, and any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole discretion and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity;
(d) once published, an entry may not be made private or deleted during the Sweepstakes Period; and
(e) meet Facebook’s technical and content requirements (available at www.Facebook.com).
4. RANDOM DRAWING: Winners will be chosen in a random drawing by April 5, 2018 from all eligible entries received during the Sweepstakes Period. An entry will only be counted if the Facebook or Instagram service displays the entry from its public search stream. Sponsor is not responsible for entries undelivered to the public search stream on Facebook on Instagram. Drawing will be conducted by Sponsor’s representative or designee. Potential winners will be contacted via a Facebook and Instagram post by April 5 and shall be required to respond within 3 days of the date on the notification letter via direct Facebook or Instagram message or an alternate winner will be selected. Any prize notification letter or prize returned as undeliverable will be awarded to an alternate winner in a random drawing from all remaining eligible entries.
5. PRIZE: There will be Eight (8) prizes consisting of one (1) free scoop of ice cream, Four (4) prizes consisting of one (1) free pint of ice cream, and the Grand Prize of one (1) year pass to our monthly pint club (valued at $120). Odds of winning the Prize depend on number of eligible entries received during the Sweepstakes Period. No more than the advertised number of prizes will be awarded. Entrants can only win one prize.
6. PRIZE ACCEPTANCE: Prize is not transferable. Taxes on the prize are the sole responsibility of winner. No prize substitutions or cash redemptions allowed except by Sponsor, who may substitute a prize of equal or greater value if the advertised prize become unavailable. Sponsor will tag the winners in a Facebook and Instagram post and ask the winners to direct message the sponsor his or her mailing address. All prizes can be redeemed at our Boulder, CO location. If a potential winner cannot be contacted, such potential winner forfeits the prize and an alternate winner will be selected. By accepting a prize, each winner consents to Sponsor’s use of his/her name and likeness for advertising and promotional purposes worldwide in perpetuity without limitation and without compensation, except where prohibited by law.
7. CONDITIONS OF PARTICIPATION: By participating in the Sweepstakes, each winner agrees to indemnify, release and hold harmless Sponsor and each of their respective parent companies, subsidiaries, affiliates, related companies, advertising and promotion agencies, and prize providers, and each of their respective officers, directors, employees and agents from any and all claims, actions, liability, loss or damage of any kind whatsoever, in whole or in part, directly or indirectly, in any way arising out of or in connection with their participation in this Sweepstakes, in any Sweepstakes or prize related activity or with respect to awarding, receipt, possession, use and/or misuse of any prize. Sponsor is not responsible for any printing, typographical, mechanical or other error in the printing of the offer. Sponsor is not responsible for electronic transmission errors of any kind resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, internet, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion via mobile phone or otherwise. The Sponsor is not responsible for any problems or technical malfunction of any telephone or network lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet or at any web site, any combination thereof, or otherwise, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation or downloading any materials in connection with the Sweepstakes. If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, human error or any other causes beyond the control of Sponsor which corrupt or otherwise affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes or any portion thereof without further obligation or advance notice. Sponsor reserves the right, but does not have any obligation, to select winners from eligible entries received as of the termination date of the Sweepstakes. Sponsor further reserves the right to disqualify any individual who tampers with the entry process. By entering, entrants agree to comply with these Official Rules. In the event of a dispute as to who submitted an entry, the entry will be deemed submitted by the authorized account holder of the Facebook or Instagram account submitted at the time of entry. “Authorized account holder” means the natural person who is in control of the email address associated with the entering Instagram or Facebook account. If a dispute cannot be resolved, the entry will be deemed ineligible.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE SPONSOR’S WEBSITE(S) OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES TO THE EXTENT ALLOWED BY LAW) FROM ANY SUCH ENTRANTS TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. Any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes shall be resolved individually, without resort to any class action. This Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of New York, regardless of conflicts of laws principles. Any action or litigation concerning this Sweepstakes shall take place exclusively in the federal or state courts sitting in Boulder, CO, and each winner expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Each winner agrees to service of process by mail or other method acceptable under the laws of the State of Colorado. ANY CLAIMS, JUDGEMENTS, AND/OR AWARDS OF ANY ENTRANT SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING INTO THIS SWEEPSTAKES. EACH ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
If any portion of these Official Rules is determined to be invalid or illegal, the remaining portions of these Official Rules will remain in effect and be construed with their terms as if the invalid or illegal provision were not contained herein.
The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook.com or Instagram.com. Facebook.com and Instagram.com is not affiliated with this Sweepstakes in any way and is not responsible for the administration of the Sweepstakes or the awarding of any prizes. Entrant understands that he/she is providing information to Sponsor and not to Facebook.com.
8. SPONSOR: Heifer and the Hen, 5290 Arapahoe, Unit I, Boulder, CO 80303