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Nestlé Drumstick "Snap Summer"
Official Rules

NO PURCHASE NECESSARY. PROMOTION IS OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO U.S. LAW. DO NOT ENTER THIS PROMOTION IF YOU ARE NOT LOCATED IN THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA AND AT LEAST EIGHTEEN (18) YEARS OF AGE.

1. Eligibility: Nestlé Drumstick “Snap Summer” (the “Contest”) 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. Employees of Nestlé Dreyer’s Ice Cream Company, Smith Brothers Agency, ePrize, LLC, and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee (whether related or not) are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.

2. Sponsor: Nestlé Dreyer’s Ice Cream Company, 5929 College Avenue, Oakland CA 94618. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.

3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.

4. Timing: The Contest begins on July 23, 2012 at 12:00 p.m. Eastern Time (“ET”), and ends on September 4, 2012 at 12:00 p.m. ET (the “Contest Period”) and consists of three (3) phases as set forth in the chart below.

Phase Start Date (at 12:00 p.m. ET) End Date (at 11:59 a.m. ET)
Submission Phase 1 July 23, 2012 July 30, 2012
Submission Phase 2 July 30, 2012 August 6, 2012
Submission Phase 3 August 6, 2012 August 13, 2012
Submission Phase 4 August 13, 2012 August 20, 2012
Submission Phase 5 August 20, 2012 August 27, 2012
Submission Phase 6 August 27, 2012 September 4, 2012
Judging July 23, 2012 September 4, 2012
Voting September 5, 2012 September 12, 2012

Administrator's computer is the official time-keeping device for the Contest.

5. How to Enter: During the Promotion Period, visit the Drumstick website (www.drumstick.com) and click on the “Drumstick Snap Summer” link. Once you enter the microsite, follow the links and instructions to complete and submit the registration form including a valid home address. P.O. Boxes are not permitted. You will also be required to enter your Instagram username (creating an Instagram account is free). Each Submission Phase there will be a different joyful summer theme. Using the Instagram application on your Instagram compatible phone, (your carrier’s standard data rates apply) follow the links and instructions to take and upload photos that display each respective week’s joyful summer theme and hashtag (#), collectively referred to as your submission (“Submission”). By uploading your Submission, you agree that your Submission conforms to the Photo Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes that your Submission fails to conform to the Guidelines and Restrictions.

Photo Guidelines:

  • The Submission must include “#drumstick” along with the word for the respective week.
  • The Submission cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means; and
  • All Submissions must adhere to the Instagram Terms of Use set forth here: http://instagram.com/about/legal/terms/.

Content Restrictions:

  • The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
  • The Submission must not disparage Sponsor, Administrator or any other person or party affiliated with the Contest;
  • The Submission must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Submission in this Contest;
  • The Submission must not contain images or artwork not created by entrant;
  • The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
  • The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
  • The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created.

Limit:

Submissions generated by script, macro or other automated means are void. Entrant must have permission from all individuals that appear in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor.

Uploading a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.

In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules. 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. Each entrant may be required to show proof of being an authorized account holder.

Winner Determination:

a. Judging Phase: During the Judging Phase, a panel of qualified judges determined by Sponsor in its sole discretion will select the one (1) entrant per Submission Phase, for a total of six (6), with the highest scoring Submission (the “Finalists”) from among all eligible Submissions during each Submission Phase based on the following criteria (“Judging Criteria”):

  • Creativity/Originality (34%);
  • Quality of Submission (33%); and
  • Fit to Contest Theme (33%)

Submissions from a previous Submission Phase will not carry over into a subsequent Submission Phase. In the event of a tie, the entrant whose Submission received the highest score for creativity/originality, as determined by the qualified judges, in their sole discretion, will be deemed the applicable Finalist. Sponsor reserves the right to select fewer than six (6) Finalists, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.

b. Voting Phase: During the Voting Phase, the Finalists’ Submissions will be posted in an online gallery for public voting at http://snapsummer.drumstick.com/gallery. Persons who meet the eligibility criteria as set forth in Section 1 will be invited to log-in to Facebook (registering for a Facebook account is free) and vote for the Submission they believe has the most public appeal. Limit: Each person may vote one (1) time per day during the Voting Phase. Multiple votes received from any person or email address in excess of the stated number will be void. Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Subject to the Finalist’s compliance with these Official Rules, the Finalist whose Submission receives the highest number of valid votes during the Voting Phase will be deemed the potential Grand Prize winner. The remaining Finalists will be deemed First Prize winners. In the event of a tie, the entrant whose Submission received the highest score for fit to contest theme, as determined by the qualified judges in their sole discretion, will be deemed the potential winner from amongst the tied Finalists. Sponsor reserves the right, in its sole discretion, to select an alternate Grand Prize winner should the voting appear to have been tampered with or manipulated in any way.

7. Winner Requirements: Potential winners will be notified by email, mail or phone on or around the subsequent week they entered. Except where prohibited, the potential Grand Prize winner and First Prize winners (parent/legal guardian if a minor in his/her state of residence) will be required to sign and return a Declaration of Compliance, Liability and Publicity Release, which must be received by Administrator within seven (7) days of the date notice or attempted notice is sent, in order to claim his/her prize. Receiving a prize is contingent upon compliance with these Official Rules. If a potential winner cannot be contacted, fails to execute and return the Declaration of Compliance, Liability and Publicity Release within the required time period, does not comply with these Official Rules, or prize is returned as undeliverable, potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion. Only three (3) alternate winners may be determined, after which the applicable prize will remain un-awarded. Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, each winner (his/her parent/legal guardian if resident of a jurisdiction that deems him/her to be a minor) shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each winner (or his/her parent/legal guardian if resident of a jurisdiction that deems him/her to be a minor) accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Prizes will be fulfilled 8 – 10 weeks after end of Contest.

8. Prizes: ONE (1) GRAND PRIZE: $10,000 check. Approximate Retail Value (“ARV”): $10,000.
SIX (6) FIRST PRIZES: $1,000 check. ARV: $1,000.

For All Prizes: Prizes are non-transferable and no substitution will be provided. Sponsor in its own discretion reserves the right to substitute a prize for one of equal or greater value. Winners are responsible for all taxes (federal, state, local) and fees associated with prize receipt and/or use. Total ARV for all prizes: $16,000. Limit: One (1) First Prize per person.

9. Release: By accepting a prize, the winners agree to release and hold harmless the Sponsor, Facebook, Inc., Administrator and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.

10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions/entries received up to time of such action either using the judging procedure (for the Contest), as outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) 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.

11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (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 Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions, the announcement of the prizes or in any Contest-related materials; 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 Contest or receipt or use or misuse of any prize. Released Parties are not responsible for any unauthorized third party use of any Submission. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes entry, if it is possible. If the Sweepstakes, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.

12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and 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 exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. 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 Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.

13. Winner List: For a winner list, visit http://bit.ly/OtSnxq. The winner list will be posted after winner confirmation is complete.

© 2012 ePrize, LLC. All rights reserved.

Unless noted to the contrary all trademarks are owned by Société des Produits Nestlé S. A., Vevey, Switzerland or used with permission.

This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Information is being provided to Sponsor, not Facebook.