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Scream for CA Ice Cream Sweepstakes Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

Sweepstakes may only be entered in or from the 50 United States and the District of Columbia and entries originating from any other jurisdiction are not eligible for entry.  Sweepstakes is governed exclusively by the laws of the United States.  You are not authorized to participate in the Sweepstakes if you are not located within the 50 United States or the District of Columbia. 

1. How to Enter:

 

During the Sweepstakes Period, access the Instagram application on your mobile device ("Device"), and post an original Instagram video depicting someone screaming the words “ice cream” (“Video”). Include #CAicecream as well as @RealCalifMilk in the caption of the video to enter.  Make sure to follow @RealCalifMilk on Twitter so Sponsor can direct message you if you win.  If you do not have the Instagram application, you may download it through the application store on your Device.  The Instagram application is free.  Instagram's Terms of Use apply http://instagram.com/legal/terms/. PLEASE NOTE THAT FOR ENTRY VIA THIS METHOD, YOU MUST BE AN ACTIVE HOLDER OF A NON-PRIVATE INSTAGRAM ACCOUNT AT THE TIME OF SUBMISSION.   

 

If you enter the Sweepstakes using a Device, your wireless service provider's text message and data rates apply.  You should consult your wireless service provider’s pricing plan for details.  You agree to incur any and all charges demanded by your wireless carrier.  You should check your Device’s features for capabilities and check the Device manual for specific use instructions.

 

All entry information and Videos shall be collectively referred to herein as the “Submissions” or each as a “Submission.”  By entering, each entrant warrants and represents the following with respect to his/her Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission is entrant’s own creation; (c) the Submission will not infringe on any rights of any third parties; and (d) any third party whose person or property appears in the Submission has given entrant appropriate written consent (which shall be provided to Sponsor upon request thereof) for such person or property to be photographed and used as permitted herein (or entrant is the parent or legal guardian of the child or any children depicted in entrant’s Submission).

 

By entering, each entrant further agrees that his or her Submission conforms to the Video Guidelines and Content Restrictions set forth below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may reject any entrant’s Submission and disqualify him or her from the Sweepstakes if Sponsor believes, in its sole discretion, that such Submission fails to conform to the Guidelines and Restrictions.

 

Video Guidelines:

  • The Video cannot have been submitted previously in a promotion of any kind.

 

Content Restrictions:

  • The Submission must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
  • The Submission must not disparage Sponsor or any other person or party;
  • The Submission must not contain material that is inappropriate, indecent, obscene, violent, 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;
  • The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where the Submission is created;
  • Instagram Submissions must adhere to the Instagram Terms of Use set forth here: http://instagram.com/about/legal/terms/.

 

Limit one (1) entry per person, per day of the Sweepstakes Period, regardless of method of entry.  However, entrants are not permitted to submit the same Submission or a Submission that is substantially similar to another Submission submitted by the same entrant during the Sweepstakes Period, as determined by Sponsor in its sole or absolute discretion. Each day of the Sweepstakes Period begins at 12:00:00 AM ET and ends at 11:59:59 PM ET.  No automated entry devices and/or programs permitted.  All entries, including Submissions, become the sole and exclusive property of Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic.  Only fully completed entry forms are eligible.  Proof of submission will not be deemed to be proof of receipt by Sponsor. 

2. Start/End Dates. Sweepstakes begins at 12:00:00 am Eastern Time (“ET”) on July 15, 2013 and ends at 11:59:59 p.m. ET on July 29, 2013 (the “Sweepstakes Period”).  Each week of the Sweepstakes Period will be a separate “Sweepstakes Week.” 

3. Eligibility. Participation open only to legal residents of the fifty (50) United States and the District of Columbia, who are at least eighteen (18) years old as of date of entry.  Void outside of the fifty (50) United States and the District of Columbia, and where prohibited, taxed or restricted by law. Employees, officers and directors of Sponsor and its parent company, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of Sweepstakes materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter.  All federal, state and local laws and regulations apply.

4. Random Drawing/Odds. One (1) winner will be selected in a random drawing from all eligible entries received for each Sweepstakes Week for a total of two (2) winners throughout Sweepstakes Period.  The first Sweepstakes Week drawing will take place on July 23.  Non-winning entries will carry over to the second Sweepstakes Week drawing.  The second Sweepstakes Week drawing will take place on July 30.  Odds of winning depend on the number of eligible entries received for each drawing.  By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Sweepstakes.

5. Prize. One (1) winner for each Sweepstakes Week for a total of two (2) winners throughout the Sweepstakes Period.  Each winner will receive an ice cream party prize pack that will accommodate 15 people.   

Taxes or any other expenses not specifically listed herein responsibility of winners.  Approximate retail value (“ARV”) of each prize: $125.  ARV of all prizes combined: $250.  Prizes are non-transferable.  No substitutions or cash redemptions, except in the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. 

6. Notification. Winner will be notified by Sponsor via direct message on Twitter on or about July 24 and July 31 and may be required to sign and return, where legal, an Affidavit of Eligibility, Liability/Publicity Release and/or rights transfer document within five (5) calendar days of prize notification.  Make sure to follow @RealCalifMilk on Twitter so Sponsor can direct message you if you win.  Additionally, winner may be required to obtain releases from any and all third parties appearing in his/her Submission.  If any winner is considered a minor in his/her jurisdiction of residence, Affidavit of Eligibility, Liability/Publicity and rights transfer document must be signed by his/her parent or legal guardian. If winner cannot be contacted within three (3) calendar days of first notification attempt, if prize or prize notification is returned as undeliverable, if winner rejects his/her prize or in the event of noncompliance with these Official Rules, such prize will be forfeited and may be awarded to the Submission with the next highest score.  Upon prize forfeiture, no compensation will be given. 

 

7. Conditions. Sponsor shall not be liable or responsible in the event winner’s Submission is not used for any reason.  Submissions may be cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Sponsor’s sole and absolute discretion.  Participation in Sweepstakes and acceptance of prize constitutes winner’s permission for Sponsor to use his/her name, address (city and state), likeness, image, photograph, picture, portrait, voice, biographical information, Submission and/or any statements made by each winner regarding the Sweepstakes or Sponsor for advertising and promotional purposes, in any and all media now known or hereafter developed, worldwide, in perpetuity, without notice or additional compensation, except where prohibited by law.  By participating, entrants and winner agree to release and hold harmless Sponsor, Instagram, LLC and their respective partners and promotion and advertising agencies and each of their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation property damage, personal injury and/or death which may occur in connection with, preparation for, travel to or participation in Sweepstakes, or possession, acceptance and/or use or misuse of prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation, misappropriation, false association, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action and/or breach of contract.  Entrants who do not comply with these Official Rules, or attempt to interfere with this Sweepstakes in any way shall be disqualified. Sponsor is not responsible if Sweepstakes cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather, acts of terrorism or any other causes outside of Sponsor’s reasonable control.

 

8. Additional Terms. In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized Account Holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the e-mail address associated with the winning entry.  Any attempted form of entry other than as set forth in Section 1 above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. The Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Sweepstakes, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes.  Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Sponsor may select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or web site.  Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

9.  Limitation of Liability; Disclaimer of Warranties.  IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE ANY SITE, OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED "AS IS"  WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

10. Disputes; Governing Law.  The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California.

THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of San Francisco in the State of California.  The parties agree not to raise the defense of forum non conveniens.

11.  Use of Data.  Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy.  Please review Sponsor’s privacy policy at http://www.realcaliforniamilk.com/privacy-policy/.  By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy. 

12. Name of winner. To obtain the name of winner, send a self-addressed, stamped envelope by August 12, 2013 to: California Milk Advisory Board 1050 Battery St. San Francisco, CA 94111 

13. Sponsor.  California Milk Advisory Board, 400 Oyster Point Blvd., Suite 211 South San Francisco, CA 94080.