BANANA FUDGE BOMB POP® SELFIE SWEEPSTAKES
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, TWITTER OR INSTAGRAM.
A MOBILE DEVICE/SMARTPHONE IS NOT REQUIRED TO PARTICIPATE IN THIS PROMOTION, BUT IF A MOBILE DEVICE/SMARTPHONE IS UTILIZED TO PARTICIPATE IN THIS PROMOTION, CARRIER’S STANDARD DATA RATES APPLY.
TO PARTICIPATE IN THIS PROMOTION VIA TWITTER OR INSTAGRAM, YOU MUST HAVE A VALID TWITTER OR INSTAGRAM ACCOUNT WITH AN UNRESTRICTED PUBLIC SETTING. IF YOU DO NOT HAVE A VALID TWITTER OR INSTAGRAM ACCOUNT, YOU CAN OBTAIN ONE WITHOUT COST BY VISITING TWITTER.COM OR INSTAGRAM.COM.
- ELIGIBILITY: The BANANA FUDGE BOMB POP® Selfie Sweepstakes (the “Promotion”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are thirteen (13) years of age or older at time of entry. Entrants who are not the legal age of majority in their state of residence (which is18 years of age in all states except Alabama and Mississippi, where it is 19 years of age, and Mississippi, where it is 21 years of age) must have permission from their parent/legal guardian to enter this Promotion. Employees of Sponsor and Administrator, and any other advertising/promotion/internet/fulfillment agencies associated with this Promotion, and each such employees’ immediate family members (defined as spouse, child, parent, sibling; whether biological, adopted, “step” or in-law, regardless of where they reside), and/or those living in the same household of such an employee (whether related or not), are not eligible. All federal, state and local laws and regulations apply. Void where prohibited by law.
- PROMOTION PERIOD: The Promotion entry period begins at 12:00 p.m. (NOON) Central Standard Time (“CST”) on April 9, 2016, and ends at 12:00 p.m. (NOON) CST on April 22, 2016 (the “Promotion Period”). Sponsor’s clock is the official timekeeper of the Promotion.
- HOW TO ENTER: In order to enter and be eligible to win a prize, eligible entrants must complete these steps within the Promotion Period:
- Take a picture of yourself (a “Selfie”). The Selfie must comply with the requirements of Rule 4, below. We encourage your Selfie to be creative and to show you living a fun “Banana Fudge” lifestyle (but no product is required to be included in your Selfie).
- Upload the Selfie to your own Twitter and/or Instagram account (each a “Posting Site”) with the hashtag #BombPopSweepstakes. Your Posting Site must be set to the public setting to be eligible. If your Posting Site is set as private, your entry will not be eligible. Failure to include the correct hashtag will result in ineligibility for the Promotion.
- Check your direct response on Twitter or first message on Instagram (depending on where you posted your Selfie) for a link (the “Entry Link”) that you must click to access the official Entry Form to complete your Entry.
- Click the Entry Link which will take you to www.BombPopSweepstakes.com (the “Promotion Website”) and complete and submit the official online Entry Form with your name, date of birth, city/state of residence, email address and the Twitter or Instagram handle where you posted your entry Selfie.
- Review the rules and check the box to confirm your understanding and agreement to the Official Rules.
Your uploaded Selfie that includes the required hashtag and the official Entry Form you complete via the Entry Link shall be referred to collectively herein as your “Entry.” You may submit one (1) Entry per day (defined as 12:00 a.m. through 11:59 p.m. Central Time) during the Promotion Period, but each Entry must have a different and unique Selfie (you may not enter the same or substantially similar Selfie more than one time, as determined solely by Sponsor). Proof of submitting an Entry is not considered proof of delivery or receipt by Sponsor. The entrant shall be deemed the person named on the entry form, which must match the registered subscriber of the Twitter or Instagram account used for uploading the Entry (the “Entrant”). In the event of a dispute as to the identity of an Entrant, if the name on the entry form and the registered subscriber name on the social media account do not match, Sponsor reserves the right to disqualify the Entry. Entries generated by script, macro or other automated means are void.
- ADDITIONAL ENTRY REQUIREMENTS: The following requirements shall apply to each Entry (all as determined in Sponsor’s sole discretion):
- Entrant must have permission from any identifiable people contained in the Selfie to use their likeness for an Entry in this Promotion.
- The Entry must be posted to a Posting Site with the hashtag #BombPopSweepstakes.
- The Entry must not infringe upon the rights of any third-party, including, without limitation, copyright, trademark, rights of publicity and/or privacy.
- The Entry (i) must be suitable for publication to all audiences, (ii) may not be violent, immoral, offensive, illegal, pornographic, obscene, indecent, inappropriate, political in nature, or racist, (iii) may not contain religious messaging, or (v) may not show or contain any activity deemed to be dangerous or that might be found to promote unsafe behavior.
- The Entry must not contain logo, trademark, service mark, or other image of any business or company, other than the Sponsor.
- The Entry must not include any representations of celebrities, athletes or other public figures, whether dead or alive.
- The Entry must not show Sponsor’s product(s) or product packaging being used inappropriately or in a disparaging manner. (Note that the Selfie does not have to include any product to be eligible).
- The Entry must be in keeping with Sponsor’s image, as determined by Sponsor in its sole discretion.
- The Entry may not in any other way violate applicable laws and regulations.
All decisions on eligibility of any Entry are based on Sponsor’s sole discretion. Any Entry in violation of these Official Rules may be deemed void in Sponsor’s sole discretion (unless otherwise set forth herein).
By submitting an Entry in this Promotion, entrant agrees to indemnify and hold harmless Sponsor, Administrator, Twitter, Instagram, any other person or entity involved in the administration, execution or fulfillment of the Promotion, and all of their respective parent or affiliated entities, owners, officers, directors, employees, shareholders, members, agents or contractors (collectively “Released Parties”) from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against Sponsor or Released Parties due to or arising out of the entrant's Entry, use of such Entry (in whole or part, edited or unedited) as authorized herein, or the entrant's conduct in creating an Entry, including but not limited to claims for trademark infringement, copyright infringement, violation of an individual’s right of publicity or right of privacy, or defamation. Entrant further agrees to release Sponsor and Released Parties from any and all claims that any commercial, advertising presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes entrant's rights with regard to any elements, characters or ideas contained in any Entry.
- RANDOM DRAWING: Following the close of Promotion Period, Sponsor will randomly select one (1) Entry from among all eligible Entries received to be the prize winner, subject to verification. Odds of being selected as the winner depend on the number of eligible entries received. Sponsor’s decisions are final and binding in all matters relating to this Promotion. Sponsor will notify the winner at the email address provided by the Entrant on the Entry Form.
- PRIZE DETAILS: One (1) prize (the “Grand Prize”) is available to be awarded consisting of a GoPro HERO4 Silver Camera and kit including:
Watson Mini Duo Charger for GoPro HERO4 Batteries
2 x Watson Lithium-Ion Battery Pack for GoPro HERO4 (3.8V, 1160mAh)
GoPro Head Strap + QuickClip
SanDisk 32GB Extreme UHS-I microSDHC Memory Card (U3/Class 10)
GoPro 3-Way 3-in-1 Mount for GoPro HERO Action Camera
and a Bomb Pop Prize Pack including:
(1) Custom Bomb Pop Bluetooth Pieladium Speaker
(1) Banana Fudge Bomb Pop T-shirt
(1) Bomb Pop Hat
(1) Bomb Pop Sunglasses
(5) Bomb Pop Temporary Tattoos
The total ARV for the Grand Prize is $522. Prize may not be transferred, and no prize substitutions will be allowed. The Grand Prize winner is responsible for all federal, state and local taxes due in connection with their acceptance of the Grand Prize.
GoPro does not endorse and is not otherwise affiliated with Bomb Pop or this promotion.
- WINNER NOTIFICATION AND VERIFICATION: The potential Grand Prize winner will be notified by email at the email address provided on their Entry Form (the “Winner Notification”). The Winner Notification will include an attachment with an Affidavit of Eligibility, Liability/Publicity Release, and Selfie License Agreement (the “Winner Forms”), and a Name and Likeness Release for each person in the photo (the “Name/Likeness Release”) (collectively, the “Prize Claim Forms”). Unless prohibited by law, the potential winner (or potential winner’s parent/legal guardian if potential winner is a minor in his/her state of residence) must complete and sign the Winner Forms, and have each person in the Selfie (or such person’s parent/legal guardian if such person is a minor in his/her state of residence) complete and sign a Name/Likeness Release. The potential winner must return all Prize Claim Forms together in one envelope to Administrator at the address provided in the Winner Notification, postmarked within five (5) days of the send date of the Winner Notification. Upon Administrator’s receipt of the completed Prize Claim Forms and verification of eligibility, the Grand Prize will be shipped to the winner at the address provided in the Winner Forms within approximately 4-6 weeks. If Winner Notification is returned as undeliverable, if potential winner fails to return the completed Prize Claim Forms as directed and within the time frame specified, if Grand Prize is returned as undeliverable, or if Sponsor determines that a potential winner is ineligible or otherwise not in compliance with these Official Rules, such potential winner will be disqualified and Sponsor may choose an alternate winner from the remaining eligible entries. Sponsor will make one attempt to notify/verify each potential winner, and if that potential winner is not verified, Sponsor may attempt to notify/verify up to three alternates following the same procedure. If a winner is not verified after those three attempts, the prize will not be awarded. Unclaimed prizes will not be awarded.
- USAGE RIGHTS:
By entering the Promotion and accepting a prize, the winner grants to Sponsor a world-wide, royalty-free, perpetual and non-exclusive right (but not the obligation) to copy, distribute, display, make derivative works, or otherwise use the winner’s Selfie, in whole or in part, with or without the entrant’s name and/or social media handle, edited or unedited, in any and all media now known or hereafter developed without any restriction and without any compensation other than the Grand Prize. If a potential winner is unable to obtain signed Name/Likeness Releases from each person in the Selfie, Sponsor reserves the right to disqualify such entrant and select an alternate winner.
By submitting an Entry in this Promotion, each Entrant hereby agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor, or the other Released Parties on the grounds that any future creative content of Sponsor infringes or violates any of Entrant’s rights in his/her Entry.
By entering this Promotion and/or accepting a prize, each winner consents (unless prohibited by law) to the use by Sponsor of such winner’s name, age, Selfie (including his identity in it), and city/state of residence without any further compensation in connection with advertising this Promotion or future Promotions.
- MISCELLANEOUS TERMS: By entering the Promotion, each entrant affirms that he or she has read and agrees to abide by the Official Rules and the decisions of the Sponsor. Sponsor reserves the right to disqualify any entrant acting in violation of the Official Rules or found tampering with the entry process or with the operation of the Promotion or the Promotion Website. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE RELATED TO SPONSOR OR THE PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
- LIMITATIONS AND RELEASE OF LIABILITY:
Sponsor and other Released Parties are not responsible for any incorrect or inaccurate entry information, theft, tampering, destruction, or unauthorized access to, or alteration of entries; printing or other errors; and any entries which are late, lost, delayed, incomplete, misdirected, stolen, mutilated, illegible, or any combination thereof.
Sponsor and Released Parties are not responsible and shall not be liable for: (a) any telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in connection with the Promotion or in processing of entries; (b) failed, incomplete, garbled or delayed computer transmissions; (c) late, lost, illegible, incomplete, damaged or misdirected entries; (d) any failures of the Posting Sites or websites; and (e) any condition or event that may cause the Promotion to be disrupted or corrupted. By participating in this Promotion, Participants all agree that in no event will Sponsor and Released Parties be responsible or liable for any damages of losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of such Participant’s access to and use of the Promotion Website or the Posting Sites. Without limiting the foregoing, everything on the Promotion Website is provided “as is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Sponsor reserves the right to cancel or modify the Promotion if fraud, misconduct or technical failures destroy the integrity of the Promotion; or if a computer virus, bug or other technical problem corrupts the administration or security of the Promotion as determined by Sponsor, in its sole discretion. In the event of termination, a notice will be posted on the Promotion Website and in Sponsor’s sole discretion, the winners may be selected from all eligible entries received prior to termination (provided a sufficient number of eligible entries have been achieved at the time of termination). Proof of submitting an Entry will not be deemed to be proof of receipt by Sponsor. Any use of robotic, automatic, programmed or the like methods of participation will void all such entries made by such methods. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the account holder fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.
By participating or entering this Promotion, each Participant agrees to release, discharge, indemnify and hold harmless Sponsor and all other Released Parties from and against any claims, losses, damage or liability related in any way to the operation of this Promotion, as well as any other claims, damages or liability due to any injuries, damages or losses (whether alleged, threatened, or actual) to any person or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Promotion.
- LEGAL: Except where prohibited by law, as a further condition of participating in this Promotion, each Entrant agrees that (a) any and all disputes and causes of action arising out of or connected with this Promotion or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively, by final and binding arbitrations under the rules of the American Arbitration Association (“AAA”); (b) the Federal Arbitration Act shall govern the interpretations, enforcement and all proceeding at such arbitration; and (c) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstance will an Entrant (or his/her guardian) be permitted to obtain awards for, and Entrant or Entrant’s legal guardian hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorney’s fees, and Entrant or Entrant’s legal guardian further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants and/or Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Iowa, without regard for conflicts of law doctrine, and all proceedings shall take place in Plymouth County, Iowa.
Instagram® is a registered trademark of Instagram, Inc. Twitter® is a registered trademark of Twitter, Inc.
- WINNERS’ LIST: For the names of the winner, send a self-addressed stamped envelope to “Winner Banana Fudge Bomb Pop Selfie Sweepstakes,” P.O. Box 1474, Northbrook, IL 60065-1162 on or before June 1, 2016.
- SPONSOR: This Promotion is sponsored by Wells Enterprises, Inc., 1 Blue Bunny Drive, LeMars, IA 51031. The administrator is Blue Chip, 650 Dundee Road, Suite 250; Northbrook, IL, 60062.