THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER THIS SWEEPSTAKES IF YOU ARE NOT LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY OR OTHERWISE NOT ELIGIBLE. 

CULVER’S COMPLIMENTS OF FROZEN CUSTARD SWEEPSTAKES (“SWEEPSTAKES”)

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THE SWEEPSTAKES IS SUBJECT TO THESE OFFICIAL RULES.

  1. ELIGIBILITY: The Sweepstakes is open only to legal U.S. residents residing in Alabama, Arizona, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Nebraska, North Carolina, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, Texas, Utah, Wisconsin or Wyoming (each an “Eligible State”) who are eighteen (18) years of age (nineteen [19] for Alabama and Nebraska) or older at the time of entry. Void where prohibited. Potential winners may be required to provide proof of legal U.S. residency if requested by Sponsor to determine eligibility and as a condition of prize award. Employees of Culver Franchising System, LLC, its parent, subsidiaries, divisions, affiliates, distributors, suppliers, participating locations, dealers, and advertising, promotional or judging agencies, and the officers, directors, employees, agents, licensors, and assigns (collectively, “Sponsor and Promotion Parties”) and the immediate family members (parent, child, sibling or spouse of any of the foregoing, including step-parent, step-child or step-sibling) and household members of such individuals (whether related or not), are not eligible to participate or win.

  2. SWEEPSTAKES TIMING: The Sweepstakes begins on July 22, 2019 at 9:00:00 a.m. Central Time (“CT”) and ends on August 4, 2019 at 11:59:59 p.m. CT (the "Sweepstakes Period"). The Sweepstakes Period is divided into fourteen (14) daily entry periods (each a “Day”) as defined in the table below. Each Day begins at 12:00:00 a.m. CT (with the exception of the first Day of the Sweepstakes Period which shall begin at 9:00:00 a.m. CT) and each Day ends at 11:59:59 p.m. ET. The computer of Sponsor's web master is the official time-keeping device of the Sweepstakes.

    Day

    Mail-in Entry Postmarked By Date

    Mail-In Entry Due Date

    Drawing Date

    07/22/19

    07/22/19

    07/29/19

    07/30/19

    07/23/19

    07/23/19

    07/30/19

    07/31/19

    07/24/19

    07/24/19

    07/31/19

    08/01/19

    07/25/19

    07/25/19

    08/01/19

    08/02/19

    07/26/19

    07/26/19

    08/02/19

    08/05/19

    07/27/19

    07/27/19

    08/05/19

    08/06/19

    07/28/19

    07/29/19

    08/05/19

    08/06/19

    07/29/19

    07/29/19

    08/05/19

    08/06/19

    07/30/19

    07/30/19

    08/06/19

    08/07/19

    07/31/19

    07/31/19

    08/07/19

    08/08/19

    08/01/19

    08/01/19

    08/08/19

    08/09/19

    08/02/19

    08/02/19

    08/09/19

    08/12/19

    08/03/19

    08/03/19

    08/12/19

    08/13/19

    08/04/19

    08/05/19

    08/12/19

    08/13/19

     

  3. HOW TO ENTER: There are two (2) ways to enter the Sweepstakes as described below.

    1. WEB SITE: During the Sweepstakes Period, visit culvers.com/FrozenCustardSweepstakes (“Web Site”) and follow the online instructions to enter your contact information, upload a photo of you or your Concrete Mixer (“Photo”), and select a filter overlay for your Photo (required) to register for the Sweepstakes (“Entry”). Photos must not show any individual other than the entrant unless the entrant has obtained permission from all living individuals appearing in the Photo (or the parent/guardian of any individuals appearing in the Photo who are under eighteen [18] years old).Photos will not be judged.

      Applicable to Entries submitted via the Web Site: All Entries must be received during the Sweepstakes Period. By submitting an Entry via the Web Site, entrant agrees that his/her Entry conforms to the “Entry Guidelines” specified in Rule #4 and that Sponsor may disqualify him/her from the Sweepstakes if it believes, in its sole discretion, that the Entry fails to conform to such guidelines. Entries that are not in accordance with the Entry Guidelines and the Official Rules will be ineligible. The name of the person submitting an Entry into the Sweepstakes must be the name of the authorized account holder of the email address used to enter, otherwise, Entry may be deemed void. In the event of a dispute over the identity of an entrant, Entry will be declared made by the authorized account holder of the email address used during the entry process. A potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such account.

    2. MAIL-IN: To enter without making a purchase, hand print your first and last name, complete mailing address with zip code, phone number, email address and date of birth on a 3” x 5” card or piece of paper and mail in an envelope to: Culver’s Compliments of Frozen Custard Sweepstakes, 315 Wisconsin Ave., Madison, WI 53703 (“Mail-in Entry” or also an “Entry”). See dates listed in the table above (in Rule #2) regarding postmarked and received by dates for Mail-In Entries per Day. Any entry postmarked in compliance with Rule #2 but not received by the Mail-in Entry Due Date set forth therein, will be entered into the next Daily Drawing, if any. Limit one (1) Mail-in Entry per outer mailing envelope. No reproduced or photocopied entries permitted. No responsibility is assumed by Sponsor for lost, late, illegible, incomplete, mutilated, stolen, postage-due or misdirected mail. Applicable to all Entries: Limit one (1) Entry per person/email address per Day, regardless of entry method. Proof of delivery or receipt of Entry will not be deemed by the Sponsor as proof of Entry into this Sweepstakes. Each Entry submission must be manually key stroked and/or manually entered by the individual entrant; automated and/or repetitive electronic submission of Entries (including but not limited to entries made using any script, macro, bot or sweepstakes service) will be disqualified and transmissions from these or related email addresses or IP addresses may be blocked. Additionally, use of multiple email addresses or the manipulation of an entrant’s contact information for the purpose of obtaining more than one (1) Entry per Day, is prohibited and such persons will be disqualified and all of their Entries shall be deemed invalid and any prize awarded to such person shall be forfeited.

      Applicable to all Entries: Limit one (1) Entry per person/email address per Day, regardless of entry method.

      Proof of delivery or receipt of Entry will not be deemed by the Sponsor as proof of Entry into this Sweepstakes. Each Entry submission must be manually key stroked and/or manually entered by the individual entrant; automated and/or repetitive electronic submission of Entries (including but not limited to entries made using any script, macro, bot or sweepstakes service) will be disqualified and transmissions from these or related email addresses or IP addresses may be blocked. Additionally, use of multiple email addresses or the manipulation of an entrant’s contact information for the purpose of obtaining more than one (1) Entry per Day, is prohibited and such persons will be disqualified and all of their Entries shall be deemed invalid and any prize awarded to such person shall be forfeited.

  4. ENTRY GUIDELINES FOR ENTRIES SUBMITTED VIA THE WEB SITE:

    BY SUBMITTING AN ENTRY, THE ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ACROSS ANY OR ALL OF THE SPONSOR’S DIGITAL AND SOCIAL ASSETS, AT THE SPONSOR’S DISCRETION. Submission of an Entry grants the Sponsor and its agents the right to publish, use, adapt, edit, publicly perform and/or modify such Entry in any way, in any and all media, including for use in advertising and marketing, without limitation, and without consideration to the entrant.

                By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place the Sponsor under any obligation. The Sponsor is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. By acceptance of your submission, you acknowledge that the Sponsor does not waive any rights to use similar or related ideas previously known to the Sponsor, or developed by its employees, or obtained from sources other than you. By entering, you acknowledge that the Sponsor has no obligation to use or post any Entry you submit.

                By submitting an Entry, you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (e) that publication of the Entry via various media including Web posting, will not infringe on the rights of any third-party rights. Each entrant will indemnify and hold harmless, the Sponsor and Promotion Parties (defined below) from any claims to the contrary. Any entrant whose work includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including the Sponsor’s use of such Entry, in a form satisfactory to administrator, upon request, prior to awarding of prize.

                As determined by the Sponsor, in its sole discretion, Entries must meet the following guidelines: (a) Must comply with these Official Rules; (b) Cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, political, professional or age group, profane or pornographic, or contain nudity; (c) Cannot promote alcohol, marijuana, e-cigarettes, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (d) Cannot be obscene or offensive, endorse any form of hate or hate group; (e) Cannot promote terrorist acts such as providing instructions on how to assemble bombs, grenades and other such weapons or provide instructional information about illegal activities; (f) Cannot defame, misrepresent or contain disparaging or slanderous remarks about the Sponsor, its customers or its products, or other people, products or companies; (g) Cannot contain trademarks, logos or trade dress owned by others (except the Sponsor’s), or advertise or promote any brand or product of any kind (except the Sponsor’s), without express permission, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses; (h) Cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art, stills, or images published on or in television, movies, the Internet or other media, except such materials owned by the Sponsor) without permission; (i) Cannot contain background artwork, unless it is an original work of the entrant; (j) Cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the entrant; (k) Cannot communicate messages or images inconsistent with the positive images and/or goodwill to which the Sponsor wishes to associate; (l) Cannot depict, and cannot itself, be in violation of any law.

    ENTRIES POSTED TO THE WEB SITE, IF ANY, WERE NOT EDITED BY THE SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF THE SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by the Sponsor does not constitute a general waiver of any obligation to entrants. The Sponsor reserves the right to waive the submission requirements set forth herein in its reasonable discretion.

  5. RANDOM DRAWINGS:

    Grand Prize Drawing: One (1) Grand Prize winner will be randomly selected on or about August 13, 2019 from all eligible Entries received for the Sweepstakes. Odds of winning the Grand Prize depend on the number of eligible Entries received.

    Daily Drawings: Daily Prize winners will be selected for each Day of the Sweepstakes Period in a random drawing to be held on or about Drawing Date listed in Rule #2 from among all eligible entries received for the corresponding Day (each a “Daily Drawing”). Entries will not carry forward to subsequent Daily Drawings. Odds of winning a Daily Prize depend on the number of eligible Entries received for a given Daily Drawing. See Rule #6 for quantity of Daily Prizes awarded per Day.

    All drawings will be conducted by an independent judging organization, whose decisions shall be final.

    Prize Limits: Limit one (1) Daily Prize per person/email address/household per Day. A winner of a Daily Prize is eligible to win the Grand Prize.

  6. PRIZES:

    Grand Prize:

    One (1) Grand Prize will be awarded consisting of $500.00 in Culver’s Gift Cards and a Concrete Mixer Pack consisting of one (1) Culver’s Frozen Custard t-shirt (size Large), five (5) coupons, each valid for one (1) free Regular Concrete Mixer (with two [2] mix-ins), and one (1) thermal bag. Approximate Retail Value (“ARV”) of Grand Prize: $550.00.

    Daily Prizes:

    Fourteen (14) Daily First Prizes will be awarded (one [1] for each Day of the Sweepstakes Period), each consisting of a $10.00 Culver’s Gift Card. ARV of each Daily First Prize: $10.00 each.

    Fourteen (14) Daily Second Prizes will be awarded (one [1] for each Day of the Sweepstakes Period), each consisting of a Culver’s Frozen Custard t-shirt (size Large). ARV of each Daily Second Prize: $8.00 each.

    One Hundred Forty (140) Daily Third Prizes will be awarded (ten [10] for each Day of the Sweepstakes Period), each consisting of one (1) Free Regular Concrete Mixer Coupon. ARV of each Daily Third Prize: $4.00 each.

    All gift cards and coupons are subject to terms and conditions as set by issuer. Total ARV of all prizes is $1,362.00.

  7. GENERAL: This Sweepstakes is governed by the laws of the United States and of the State of Wisconsin without respect to conflict of law doctrines. Winners will be solely responsible for paying all applicable federal, state and local taxes on a prize. Unclaimed prizes will not be awarded. The Sponsor reserves the right to substitute a prize of equal or greater value in the event a prize or any portion of a prize becomes unavailable. No substitution of a prize is offered, no transfer of prize to a third party is permitted, and prize may not be redeemed for cash value except at the Sponsor’s sole discretion. Prize winners will receive an IRS Form 1099 for the prize retail value, if applicable. All other expenses on the receipt and use of the prize not specifically mentioned herein are solely the responsibility of the winners. Any difference between the stated value of any prize and the actual retail value will not be awarded. Upon forfeiture for any reason as stated in these Official Rules, no compensation will be given. All federal, state and local laws and regulations apply. Any personal information provided in connection with participation in the Sweepstakes will only be used by the Sponsor to notify a potential winner and/or fulfillment of a prize and shall be subject to the Sponsor’s Privacy Policy available at https://www.culvers.com/privacy-and-terms-of-use. If you are selected as a winner, your information may be included in a publicly-available winner’s list. Additionally, any communication between entrant and Sponsor or its agencies regarding the Sweepstakes (e.g. phone calls, text messages, chats, emails, etc.) may be recorded for quality assurance and training purposes. 

  8. CONDUCT: By participating in this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of the Sponsor that shall be final and binding in all respects. Failure to comply with these Official Rules may result in disqualification. The Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of the Sweepstakes or Web Site; or to be acting in any manner deemed by the Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by the Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR AND ITS AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH PERSON OR PERSONS RESPONSBILE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

  9. LIMITATIONS OF LIABILITY AND INDEMNIFICATION: The Sponsor and Promotion Parties assume no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of Entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of any network or wireless service, the Internet or Web Site or any combination thereof; (e) suspended or discontinued Internet or wireless service; or (f) any injury or damage to entrants or to any other person's computer or property which may be related to or resulting from any attempt to participate in the Sweepstakes or download of any materials in the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, then the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. In such event, the Sponsor shall immediately suspend the Sweepstakes and awarding of the prizes, and the Sponsor reserves the right to award remaining prizes in a manner deemed fair and equitable by the Sponsor, such as by way of example and not by way of limitation, in a random drawing from among all eligible, non-suspect Entries received up to the time of the impairment, and the Sponsor shall not have any further liability to any participant in connection with the Sweepstakes. The Sponsor may modify and amend these Official Rules as they may appear online from time to time during the Sweepstakes for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.

    Entrant agrees to indemnify and hold harmless Sponsor and Promotion Parties from and against any and all claims, losses, costs, damages, liabilities, costs and expenses (including reasonable attorneys' fees) which may arise from a claim of unauthorized publication, from a submission in violation of these rules, or any breach of entrant’s duties or representations.

  10. WINNER NOTIFICATION: Potential winners will be notified via email. The email will contain instructions on how to submit a prize-claim form. The prize-claim form must be completed and submitted within five (5) days of email notification or prize may be forfeited and awarded to an alternate winner. Winners may also be required to sign and return an Affidavit of Eligibility/Liability Release with (where lawful) a Publicity Release (altogether, “Affidavit”) within five (5) days via email and/or overnight mail of attempted winner notification as indicated by the date on the Affidavit. Sponsor is not responsible for any change in winner's email address. Failure to return any required documents within five (5) days may result in prize forfeiture. Prize may also be forfeited in the event that the winner notification is returned as undeliverable without a forwarding address. Sponsor is not responsible for a change in an entrant’s contact information. Upon forfeiture for any reason as stated within these Official Rules, no compensation will be given except in the Sponsor’s sole discretion. If a prize is returned as undeliverable, prize will be forfeited and Sponsor shall have no further liability to award that prize. Prizes will be awarded within four (4) to six (6) weeks.

                By accepting a prize, each winner agrees that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to the Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Each winner hereby waives in favor of the Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to his/her Entry. The Sponsor reserves the right to alter, change or modify the winning Entry, in its sole discretion. Upon request of the Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by the Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should the Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of the Sponsor’s rights and the Sponsor may at a later time request the assignment.

  11. WINNER RELEASES: All entrants, as a condition of participating in the Sweepstakes, agree to release the Sponsor and Promotion Parties (and each of their respective officers, directors, employees, agents, licensors, affiliates and assigns) 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 accessing the Web Site, submitting an Entry or otherwise participating in any aspect of the Sweepstakes, the receipt, ownership, use or misuse of any prize awarded, or while preparing for or participating in any prize-related activity, or any typographical or other error in these Official Rules or the announcement or offering of any prize. The winner shall bear all risk of loss or damage to their prize after it has been delivered. Except where prohibited by law, winners grant to the Sponsor and Promotion Parties the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known, the winner’s name, address, voice, statement, picture or other likeness, without additional compensation, for public relations, advertising and promotional purposes as may be determined by the Sponsor.

  12. WINNER’S LIST: For the name of the Grand Prize winner, send a self-addressed, stamped envelope by September 30, 2019 to: Culver’s Compliments of Frozen Custard Sweepstakes Winner’s List, 315 Wisconsin Ave., Madison, WI 53703.

  13. SPONSOR: Culver Franchising System, LLC, 1240 Water Street, Prairie du Sac, WI 53578.

©2019 Culver Franchising System, LLC