Name the Flavor: Full Rules

 

OFFICIAL RULES: DIPPIN’ DOTS/ CLEARWATER MARINE AQUARIUM NAME THE FLAVOR PROMOTION

 

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING DEPEND UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED.

 

THE PROMOTION (defined below) IS SUBJECT TO THESE OFFICIAL RULES AND  BY ENTERING, EACH ENTRANT UNCONDITIONALLY AGREES TO BE BOUND BY THEM.

 

1.       Eligibility
The DIPPIN’ DOTS/CLEARWATER MARINE AQUARIUM NAME THE FLAVOR Promotion (the “Promotion”) is open only to individuals who, at the time of entry, are at least thirteen (13) years old and are legal residents of one of the fifty (50) United States (including District of Columbia), except that the Promotion is void and not available to residents of Guam, Puerto Rico, the U.S. Virgin Islands, and other U.S. territories and possessions, overseas military installations and where prohibited by law. Employees of Dippin’ Dots, LLC, Frontier Games, or any other company or individual involved with the design, production, execution or distribution of the Promotion or any of their respective affiliates, subsidiaries, advertising agencies, and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year whether related or not) of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.

 

BY ENTERING, YOU REPRESENT THAT YOU ARE AT LEAST THIRTEEN (13 YEARS OLD AT TIME OF ENTRY.  By entering into the Promotion, you represent and warrant that you either (i) are age 18 or over or (ii) are the parent or legal guardian of a minor at least thirteen (13) years old and have the legal right to consent to and do hereby consent to these Official Rules on behalf of that minor (each such individual an “Entrant”; if the parent or legal guardian of the minor, the parent and/or legal guardian and the minor are collectively the “Entrant”).

 

2.       Sponsor and Administrator
Sponsor and Administrator: Dippin’ Dots, LLC, 5101 Charter Oak Drive, Paducah, KY 42001 (“Sponsor”).

 

3.       Timing
The Promotion begins on or about January 13, 2025 at 12:00 P.M. Central Time (“CT”) and ends on January 31, 2025 at 12:00 P.M. CT (the “Promotion Period”). Sponsor’s computer is the official time keeping device for this Promotion.

4.       How to Enter
To enter, visit www.dippindots.com/cmaflavor (the “Website”) during the Promotion Period and access, fill out and submit the online entry form found at the Website.

 

Entrants will receive one (1) entry into the Promotion upon successful completion and submission of the online entry form found via the Website providing all information requested on the form, including (but not limited to) selecting a proposed flavor name for Clearwater Marine Aquarium’s Dippin’ Dots sundae (the “Proposed Name”).

 

By entering into the Promotion, Entrant’s agree the Proposed Name and related information and content submitted with any Entrant’s entry shall become the sole and exclusive property of the Sponsor, and may be used by the Sponsor for any reason in its sole discretion, including commercial purposes, without the need for further consideration to any Entrant or other participant of the Promotion.
 

Sponsor reserves the right to contact Entrants whose email address is submitted as part of this Promotion. Entrants may then choose to opt-out of future email notifications. Personally-identifying information of Entrants shall otherwise be used by Sponsor only with respect to this Promotion, and shall be destroyed after the end of the Promotion and the acceptance of the Grand Prize, as defined herein, except to the extent Sponsor is required by law to maintain and/or disclose such information.

 

ENTRANTS ACKNOWLEDGE AND AGREE THAT THEY WILL NOT SUBMIT IN ANY FORM OR MANNER ANY PERSONALLY IDENTIFIABLE INFORMATION OF A MINOR CHILD YOUNGER THAN 13 YEARS OF AGE AT THE TIME OF ENTRY (“Prohibited
Personally Identifying Information”). SPONSOR DOES NOT SEEK TO USE, DISSIMINATE OR COLLECT PROHIBITED PERSONALLY IDENTIFIABLE INFORMATION THROUGH THE PROMOTION, AND ANY ENTRY THAT INCLUDES PROHIBITED PERSONALLY IDENTIFIABLE INFORMATION IS SUBJECT TO DISQUALIFICATION AND DESTRUCTION SHOULD SPONSOR OBTAIN ACTUAL KNOWLEDGE THAT SAID ENTRY INCLUDES PROHIBITED PERSONALLY IDENTIFIABLE INFORMATION.

Prohibited Personally Identifying Information includes the following information of an individual under 13 years of age: first and last names; home or physical addresses, including street name and city or town name; online contact information, such as email address or anything that permits direct contact with a person online; screen or  user names; telephone numbers; social security numbers; photograph, video, or audio file that contains child’s image or voice; or geolocation information able to identify street name or city or town name.

 

Limit of one entry per Internet protocol address per day during the Promotion Period. Multiple participants are not permitted to share the same email address. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries or registrations, which will be disqualified. In the event of a dispute as to any entry or registration, the authorized account holder of the email address used to enter or register will be deemed to be the Entrant. 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. Potential winners may be required to show proof of being the

authorized account holder. All entries become the sole and exclusive property of Sponsor and will not be returned.

 

5.       Winner Selection
Prize Selection: There is one (1) potential prize set forth in detail below (the “Grand “Prize” or “Prize”) and one (1) potential Prize Winner (as defined below). The Prize Winner will be selected as follows:

 

On or after February 5, 2025, one (1) entry will be drawn at random from all eligible entries as the “Grand Prize Winner.”

 

 The Entrant of such Proposed Name will be notified by email provided at the time of entry. This potential winner will be required to respond to such notification within five (5) days of the first notification attempt, which response shall include his/her mailing address. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within five (5) days of the first notification attempt, or if the Prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her Prize and an alternate winner may be selected. If the potential winner submitted the same Proposed Name as one or more other Entrants, Sponsor shall either award the Grand Prize to the other Entrant, if only one additional Entrant exists, or, in the case of more than one additional Entrant, Sponsor shall randomly select an alternate potential winner from the additional Entrants. This process will continue until an Entrant of the winning Proposed Name does not forfeit his or her Prize as described above. Sponsor may successively attempt to contact up to two (2) potential winners of the Grand Prize in accordance with such procedure, and if there is still no confirmed Prize Winner of the Grand Prize after such attempts have been made, the Grand Prize may go unawarded. Sponsor may, at its sole discretion, randomly select additional entries should additional entries be required to award the Grand Prize. The foregoing process is the “Prize Selection Process.” If any potential winner is found to be ineligible, or if he or she has not complied with or does not agree with these Official Rules or declines a Prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may (at Sponsor’s sole discretion) be selected. Upon verification by Sponsor that the Entrant/potential winner contacted by Sponsor as a potential winner pursuant to the Prize Selection Process is eligible to win in accordance with these Official Rules, and upon agreement by the potential winner of these Official Rules and acceptance of the Grand Prize, the Entrant/potential winner will be a “Prize Winner” or “Winner”.

 

6.       Grand Prize
 

Grand Prize

ONE (1) GRAND PRIZE is available, and the winner of the Grand Prize will receive only the following: (i) one (1) Family Marine Explorer Membership for the Clearwater Marine Aquarium; (ii) one (1) certificate redeemable for one (1) Dippin’ Dots home delivery shipment, each home

delivery shipment consisting of one (1) 30-serving kit which shall include one (1) bulk  bag (approx. 1 gallon) of Dippin’ Dots product which shall be mailed to the address provided by the Prize Winner of the Grand Prize in his/her entry or in response to the prize notification, said certificate expiring March 1, 2026; and (iii) free ground shipping of home delivery shipments redeemed pursuant to the certificate. Potential winners shall be contacted and confirmed in accordance with the Prize Selection Process and shall obtain certificate  from  Sponsor  via  electronic  mail which must be redeemed online at a website provided by Sponsor on or by the expiration date. Total Grand Prize Approximate Retail Value (“ARV”): $338.95 USD

 

No cash equivalent for the Grand Prize will be given. The Grand Prize consists only of the elements expressly set forth above. Any other expense, fee, and/or incidental costs not expressly stated in the Grand Prize description above shall not be included in the Grand Prize. Unless otherwise expressly stated herein, Grand Prize does not include travel, lodging, food or other expenses and are exclusive of all taxes, for all of which Prize Winner is solely responsible. Grand Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the Grand Prize for one of equal or greater value for any reason. Prize Winner is responsible for all taxes and fees associated with the Grand Prize receipt and/or use. Actual retail value of the Grand Prize may vary and the winner of the Grand Prize will not receive the difference between actual and approximate retail value. The Grand Prize is non-transferable and no substitution will be made except as provided herein and at the Sponsor’s sole discretion. The Grand Prize elements must be redeemed at the same time. Odds of winning depend on the number of eligible entries received during the Promotion Period. TOTAL ARV OF GRAND PRIZE: $338.95 USD

 

Sponsor and Clearwater Marine Aquarium have absolute and sole discretion as to what name and/or reference will be used in connection with Sponsor’s goods and services. Selection of a Proposed Name through the Promotion is merely a suggestion and shall not determine what name (if any) is given to any of Sponsor’s products, whether sold at Clearwater Marine Aquarium W or otherwise.
 

By entering into the Promotion, Entrants agree the Proposed Name and related information and content submitted with any Entrant’s entry shall become the sole and exclusive property of the Sponsor and may be used by the Sponsor for any reason in its sole discretion, including commercial purposes, without the need for further consideration to any Entrant or other participant of the Promotion.

 

ENTRANTS EXPRESSLY ACKNOWLEDGE AND AGREE THAT SPONSOR AND/OR CLEARWATER MARINE AQUARIUM ARE IN NO WAY OBLIGATED TO USE THE WINNING PROPOSED NAME IN CONNECTION WITH THEIR BUSINESSES OR PRODUCTS. POTENTIAL WINNERS AND PRIZE WINNERS FURTHER EXPRESSLY ACKNOWLEDGE AND AGREE THAT SPONSOR HAS ABSOLUTE AND SOLE DISCRETION AS TO WHAT NAME AND/OR REFERENCE TO USE AS CLEARWATER MARINE AQUARIUM’S DIPPIN’ DOTS FLAVOR NAME, OR ANY OTHER CHARACTER, SERVICE MARK, IMAGE OR OTHER INSIGNIA USED IN CONNECTION WITH SPONSOR’S GOODS AND SERVICES AND THE PROMOTION DOES NOT ALTER SUCH DISCRETION.

 

ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR AND SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. WINNING A PRIZE IS CONDITIONED ON ACCEPTANCE   OF

THESE OFFICIAL RULES.

 

SPONSOR WILL ASSUME OWNERSHIP OF ALL PROPOSED NAME SUBMISSIONS, INCLUDING RIGHTS TO MARKET AND PROMOTE ANY PROPOSED NAME PROVIDED BY ANY ENTRANT, INCLUDING THE PRIZE WINNER, FOR ANY COMMERCIAL PURPOSE. BY ENTERING INTO THE PROMOTION, AND IN EXCHANGE FOR THE POSSIBILITY OF RECEIVING THE GRAND PRIZE, YOU AGREE TO AND HEREBY ASSIGN TO SPONSOR ANY AND ALL RIGHTS YOU MAY HAVE IN THE PROPOSED NAME SUBMITTED WITH AN ENTRY, WHETHER TANGIBLE OR INTANGIBLE, AND INCLUDING ANY AND ALL INTELLECTUAL PROPERTY RIGHTS THERETO, AND WAIVE ANY AND ALL RIGHT TO FUTURE PAYMENT, ROYALTIES, OR CONSIDERATION IN RELATION TO THE SAME. YOU FURTHER AGREE THAT SPONSOR HAS THE RIGHT, BUT NOT THE OBLIGATION, TO USE THE PROPOSED NAME PROVIDED WITH AN ENTRY AND THAT SPONSOR MAY USE OR MODIFY ANY PROPOSED NAME PROVIDED IN RELATION TO THIS PROMOTION IN ANY MANNER AS DETERMINED BY SPONSOR IN ITS SOLE DISCRETION.

 

7.       Entry Conditions and Release

By entering, each participant and Entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Promotion; (b) release and hold harmless the Sponsor, Clearwater Marine Aquarium and each of their respective parent, subsidiary, and affiliated companies and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion or the websites and online forms used in connection with the Promotion, and all of their respective past and present officers, directors, employees, agents and representatives (each a “Released Party” and collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Promotion, acceptance or use or misuse of the Grand Prize (including any travel or activity related thereto) and/or the broadcast, exploitation  or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an Entrant’s participation in the Promotion and/or Entrant’s acceptance, use  or misuse of the Grand Prize.

 

8.       Publicity
Except where prohibited by law, acceptance of the Grand Prize constitutes a Prize Winner’s consent to Sponsor’s, Clearwater Marine Aquarium, and each of their agents’ use   of Prize Winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. IF ENTRANT IS CHOSEN AS A PRIZE WINNER, ENTRANT’S PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING ENTRANT’S NAME ON A PRIZE WINNER’S LIST AS REQUIRED BY STATE LAW.

9.       General Conditions
Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation  of the Promotion or to be acting in violation of these Official Rules or any other  promotion or in an unsportsmanlike or disruptive manner or if the Entrant’s entry is deemed to be obscene, unlawful, vulgar, lewd, derogatory, inappropriate, or otherwise not in good taste, as determined in Sponsor’s sole discretion. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion 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.

 

10.    Limitations of Liability
Every Entrant, Prize Winner and Prize Winner’s guests (if any) participate in the Promotion and use/or accept the Grand Prize at their own risk. The Released Parties  are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (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 Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; and/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 Promotion or receipt or use or misuse of the Grand Prize. 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 Promotion, provided that if it is not possible to award another entry due to  discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its 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. Entrants and any other individual or entity participating in the Promotion agree that any and all claims, judgments and awards resulting and/or arising from the Grand Prize, the Promotion, or entry therein, shall be limited to actual out-of-pocket costs directly related to entry into the Promotion, and in no event shall include attorneys’ fees, and under no circumstances will any Entrant, individual or entity be permitted to obtain awards for damages other than for actual out-of-pocket expenses directly related to entry into the Promotion and each such Entrant, individual and/or entity hereby waives all rights to claim any damages other than actual out-of-pocket expenses directly related to entry  into the Promotion, including, without limitation, punitive, incidental and consequential damages and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY  FOR  INCIDENTAL  OR  CONSEQUENTIAL  DAMAGES,  SO  THE ABOVE

MAY NOT APPLY TO YOU. 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 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.

11.    Disputes
Any and all disputes, claims and causes of action arising out of or connected with this Promotion, or the Grand Prize awarded, shall be resolved individually, without resort to any form of class action, and any and all disputes, claims and causes of action arising out of or connected with this Promotion, or the Grand Prize awarded, shall be resolved exclusively by the federal or state courts sitting in New York City, New York. 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 Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

 

12.    Entrant’s Personal Information
Information collected from Entrants is subject to the Sponsor’s Privacy Policy which is available at http://www.dippindots.com/privacy.html.

 

13.    Promotion Results
To obtain a copy of the Prize Winner’s list, send a self-addressed stamped envelope to The Dippin’ Dots/Clearwater Marine Aquarium’s Name the Flavor Promotion, Dippin’ Dots LLC, 5101 Charter Oak Drive, Paducah, KY 42001. Prize Winner list requests will only be accepted after the end of the Promotion Period and no later than August 31, 2025. VT residents may omit return postage when requesting a Prize Winner’s list. These Official Rules will be posted at the Website during the Promotion Period.

 

These Official Rules may not be reprinted or republished in whole or in part without the prior written consent of Sponsor. All rights are reserved.

 

 

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