Festive Flavors Giveaway Official Rules

NO PURCHASE NECESSARY. OPEN TO LEGAL RESIDENTS OF THE 48 CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA, 18 OR OVER AS OF DATE OF ENTRY.  

1. Giveaway Period: The Graeter’s “Festive Flavors” Giveaway (the “Giveaway”) begins at 9:00 a.m. Eastern Time (“ET”) on October 2, 2024 and ends at 11:59 p.m. ET on October 14, 2024 (the “Giveaway Period”).  
   
   
2. Eligibility: Open to legal residents of the 48 contiguous United States and the District of Columbia, who are 18 years of age or older as of date of entry. Officers, directors, and employees of Graeter’s Ice Cream Co. (“Sponsor”), Don Jagoda Associates, Inc. (the “Administrator”), O'Malley Hansen Communications and each of their respective affiliates, parents, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies, and each of their respective shareholders, directors, officers, members and agents and their immediate family members (spouses, parents, children, and siblings and their spouses) and/or those living in the same household of each, are not eligible to participate or win.  Void in Alaska, Hawaii, and where prohibited by law. Subject to all federal, state and local laws.  
   
   
3. How To Enter: During the Giveaway Period, you can enter the Giveaway by visiting Graeters.com/Free-Festive-Flavors (the “Site”) and following the instructions to complete the registration form to receive one (1) entry ("Entry") into the random drawing, as described below. 
   
   Limit one (1) Entry per person. Entries in excess of that limit will not be considered. The person uploading the Entry will be deemed the entrant (the “Entrant”). In the event of a dispute as to the identity of an Entrant, the authorized account holder of the email address used to enter will be deemed to be the Entrant. “Authorized account holder” of an email address is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Any Entry not in compliance with the above and which does not meet the other requirements of these Official Rules may be disqualified as determined by Sponsor in its sole discretion. Entrants are subject to disqualification, if Sponsor or Administrator discovers that multiple accounts are used by the same person. As applicable, normal Internet/phone access and usage/data charges imposed by Entrants’ online/mobile service will apply. Entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method are ineligible and may be disqualified.  Sponsor reserves the right to disqualify any individual and all Entries using such methods. 
   
   
4. Random Drawing: At the end of the Giveaway Period, one hundred (100) Prize winners will be selected in a random drawing on or about October 15, 2024 from among all eligible Entries received. The random drawing will be conducted by the Administrator, whose decisions are final on all matters relating to the drawing. Odds of winning depend upon the total number of eligible Entries received.
   
   
5. Prizes and Approximate Retail Value (“ARV”): Prizes (100): Six (6) pints of Sponsor selected flavors of Graeter’s ice cream (ARV: $84.95 each). Prizes will be awarded provided a sufficient number of eligible Entries are received. All applicable federal, state and local taxes are the sole responsibility of each winner. Limit one (1) prize per person/household.
   
   Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Giveaway. Sponsor reserves the right to substitute a prize of equal or greater value. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. 
   
   
6. General Rules: Prizes will be automatically shipped to winners using the mailing address provided at the time of registration after the conclusion of the Giveaway Period. Return of any prize as undeliverable will result in forfeiture of prize and an alternate winner may be selected. The Released Parties (as defined below) shall have no liability for any prize that is lost, intercepted or not received by a potential winner for any reason or if winner has any allergies or adverse reactions to the prize components. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines receipt of a prize for any reason, such potential winner will be disqualified and an alternate winner may be selected. Winners and all Entrants, as a condition of entry into the Giveaway and use of prize, agree to: a) release and hold harmless: Sponsor, Administrator, O'Malley Hansen Communications, and each of their respective agencies, parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development and execution of the Giveaway, and any social media channel utilized in connection, with the promotion, announcement or administration of the Giveaway (collectively the “Released Parties”)  from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with creation of or submitting an Entry, or otherwise participating in any aspect of the Giveaway, the receipt, ownership or use or misuse of the prizes awarded or any typographical or other error in these Official Rules or the announcement or offering of the prizes. Acceptance of a prize constitutes permission to use Entrant’s name, likeness and Entry (as applicable) for promotional purposes (including any possible public relations opportunities) without further compensation, except where prohibited by law. By participating in the Giveaway, Entrants agree to be bound by these Official Rules and the decisions of the Judges. The Released Parties are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user, by any of the equipment or programming associated with or utilized in the Giveaway, or by any human error which may occur in the processing of the Entries in the Giveaway, or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Giveaway. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Giveaway; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages 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. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the email address used to enter will be deemed to be the Entrant. If, for any reason, the Giveaway is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Giveaway, then the Sponsor reserves the right at its sole discretion to cancel the Giveaway and select the winning Entries from among all eligible Entries received prior to cancellation. You hereby represent and warrant that you have read these Official Rules and are fully familiar with its contents. Entries generated by script or bot are not eligible. As a condition of participating in the Giveaway or winning a prize, Entrant agrees that: 1) under no circumstance will Entrant be permitted to obtain awards for, and Entrant hereby waive all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; 2) all causes of action arising out of or connected with this Giveaway, or any prize awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees. 
   
   
7. Privacy: Information collected as part of the Giveaway will be used for the purposes of this Giveaway and as set forth at Sponsor’s Privacy Policy https://www.graeters.com/privacy-policy.
   
   
8. Governing Law/Jurisdiction:  ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE GIVEAWAY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF OHIO WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
   
   
9. Winners List: For the names of the Prize winners, available after October 15, 2024, send an email to: [email protected] with “Graeter’s “Festive Flavors” Giveaway Winners & 01-2481-02” in the subject line. Winners names will be sent after all prizes have been awarded. All requests must be received by November 26, 2024.
   
   
10. Sponsor/Administrator: The Sponsor of the Giveaway is Graeter’s Ice Cream Co., 2245 Gilbert Ave. Suite 105, Cincinnati, Ohio 45206. The Administrator of the Giveaway is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.