“Tender Moments” SWEEPSTAKES
THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER UNLESS YOU ARE ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF PARTICIPATION.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. INTERNET ACCESS REQUIRED. SWEEPSTAKES SUBJECT TO OFFICIAL RULES.
SWEEPSTAKES ONLY OPEN TO LEGAL RESIDENTS OF THE U.S. RESIDING IN THE STATES OF AZ, CO, FL, GA, ID, IL, IN, IA, KS, KY, MI, MN, MO, NE, NC, ND, OH, SC, SD, TN, TX, UT, WI or WY THROUGHOUT THE SWEEPSTAKES PERIOD AND WHO ARE 18 YEARS OF AGE (19 IN NE) OR OLDER AT THE TIME OF ENTRY. VOID WHERE PROHIBITED.
SWEEPSTAKES PERIOD: Sweepstakes begins on November 7, 2016 at 9:00:00 a.m. Central Time (“CT”) and ends on November 18, 2016 at 5:00:00 p.m. CT (the "Sweepstakes Period"). Daily entry periods apply for First Prizes and Second Prizes (See Rule #5).
HOW TO PARTICIPATE: You may enter the Sweepstakes in one of the following manners:
(a) ONLINE: Log on to www.culvers.com/tendermoments (the "Web Site") and follow the online instructions to register and upload a Tender Selfie to receive one (1) entry (an “Entry”) into the corresponding Daily Drawing and one (1) entry into the Grand Prize Drawing. You must provide your email address on the Web Site before entering the Sweepstakes.
(b) SOCIAL MEDIA:
(i) Twitter: To enter via Twitter, tweet your Tender Selfie and hashtag #TenderMomentsSweepstakes via Twitter (also an “Entry”). There is no charge to sign up for Twitter. If you do not have a Twitter account, follow the onscreen instructions to register for a free Twitter account at http://twitter.com.
(ii) Instagram: To enter via Instagram, post your Tender Selfie and hashtag #TenderMomentsSweepstakes on your personal Instagram page (also an “Entry”). An Instagram account can be opened for free by visiting http://instagram.com and following the appropriate link to download the free Instagram application.
Entries will not be judged. If entering via Twitter or Instagram, you must include the hashtag (#TenderMomentsSweepstakes) in order for your Entry to be considered. For each valid submission, entrant will receive one (1) entry into the corresponding Daily Drawing and one (1) entry into the Grand Prize Drawing.
All Entries must be received during the Sweepstakes Period. Limit one (1) entry per person/email address per day. Limit one (1) entry per person/Twitter account per day. Limit one (1) entry per person/Instagram account per day. A “day” is defined as the twenty-four (24) hours between 12:00:00 a.m. CT and 11: 59:59 p.m. CT of the same day with the exception of the first day of the Sweepstakes which shall begin at 9:00:00 a.m. CT and end at 11:59:59 p.m. CT of the same day, and the final day of the Sweepstakes which shall begin at 12:00:00 a.m. CT and end at 4:59:59 p.m. the same day. The computer of the Web Site (or Twitter or Instagram if entering via Social Media) is the official time-keeping device of the Sweepstakes.
The name of the person submitting an Entry into the Sweepstakes must be the name of the authorized account holder of the email address or Twitter or Instagram account used to enter, otherwise, Entry may be deemed void. In the event of a dispute over the identity of a potential winner, Entry will be declared made by the authorized account holder of the email address or Twitter or Instagram account 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.
Proof of delivery or receipt of Entry will not be deemed by the Sponsor as proof of Entry into this Sweepstakes.
Standard data charges may apply if participating via your mobile device. Entries must comply with any applicable submission requirements located at the Web Site including, but not limited to all format and size requirements and the technical, creative, and legal requirements set forth in these Official Rules.
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, social media accounts or IP addresses may be blocked. Additionally, use of multiple email addresses or social media accounts, or the manipulation of an entrant’s contact information for the purpose of obtaining more than the stated number of Entries, is prohibited and such persons will be disqualified and all Entries shall be deemed invalid and any prize awarded shall be forfeited.
BY SUBMITTING AN ENTRY, THE ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ACROSS ANY OR ALL OF THE SPONSOR’S AND PROMOTION PARTIES’ 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.
ENTRY GUIDELINES: 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. The Sponsor reserves the right to, and may or may not, monitor/screen Entries. 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.
If the Sponsor, at any time during the Sweepstakes Period, receives a complaint (including but not limited to a cease and desist letter, general letter of complaint, etc.) alleging intellectual property infringement in an Entry, the Sponsor reserves the right to remove such Entry at any point in the Sweepstakes Period, without prior notice and Entry will be deemed void and ineligible to receive a prize.
ENTRIES POSTED TO THE WEB SITE 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.
ELIGIBILITY: YOU MUST BE A LEGAL U.S. RESIDENT RESIDING IN THE STATE OF 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 THROUGHOUT THE SWEEPSTAKES PERIOD AND 18 YEARS OF AGE OR OLDER (19 in NEBRASKA) AT THE TIME OF ENTRY to enter and be eligible to win. 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, Inc., its parent, subsidiaries, divisions, affiliates, distributors, suppliers, participating locations, dealers and advertising, promotional or judging agencies, 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) of each, are not eligible to participate or win.
Grand Prize Drawing: One (1) Grand Prize winner will be randomly selected on or about November 22, 2016 from all eligible entries received during the entire Sweepstakes Period. Odds of winning a Grand Prize depend on the number of eligible entries received for the entire Sweepstakes Period.
Daily Drawings: Fifty (50) First Prize winners and fifty (50) Second Prize winners will be selected for each day of the Sweepstakes Period in a random drawing to be held on or about each business day following the applicable day from eligible entries received for a given day (“Daily Drawing”). Entries will not carry forward to subsequent Daily Drawings, but will carry forward into the Grand Prize Drawing. Odds of winning a First Prize or Second Prize depend on the number of eligible entries received for a given day.
All drawings will be conducted by an independent judging agency whose decisions are final. Limit one (1) First Prize per person/email address/household. Limit one (1) Second Prize per person/email address/household. A First Prize winner or a Second Prize winner is eligible to win the Grand Prize.
PRIZES: Grand Prize (1): $500 in Culver’s Gift Cards. Approximate Retail Value (“ARV”): $500. First Prizes (600 total; awarded 50 per Day): Buy One Get One Value Basket Coupon redeemable at Culver’s. ARV: $8.09 each. Second Prizes (600 total; awarded 50 per Day): $1.00 Off a Value Basket Coupon redeemable at Culver’s. ARV: $1.00. Gift Cards and coupons are subject to terms and conditions at set by issuer. Total ARV of all prizes is $5,954.00.
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 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 ANY WEB SITE ASSOCIATED WITH THIS SWEEPSTAKES 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.
LIMITATIONS OF LIABILITY: 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, camera, 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 drawing and awarding of the prize, and the Sponsor reserves the right to award prize(s) 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 entrant 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.
WINNER NOTIFICATION: Potential winners will be notified via email, phone, and/or via comment or direct message through his/her Twitter or Instagram account (depending on method of entry) and will be required to respond to the notification (as stated within the notification) within seventy-two (72) hours, indicating whether he/she can accept the prize. If no response is received within the time allotted, prize may be forfeited. Grand Prize winner may be required to sign and return an Affidavit of Eligibility/Liability Release with (where lawful) a publicity release within seven (7) days of attempted winner notification as indicated by the date on the Affidavit. Failure to return any required documents within seven (7) days may result in prize forfeiture. Prize may also be forfeited in the event that winner notification is returned as undeliverable without a forwarding address or that the prize notification is not responded to within seventy-two (72) hours. 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 4-6 weeks of the Sweepstakes end date. First Prizes and Second Prizes will be awarded via eClub.
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.
WINNER RELEASES: All entrants, as a condition of participating in the Sweepstakes, agree to release the Sponsor and Promotion Parties, Twitter and Instagram (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 or use 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, winner grants 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.
WINNER’S LIST: For the name of the Grand Prize winner, send a self-addressed stamped envelope by December 23, 2016 to: Culver’s Tender Moments Sweepstakes Winner’s List, 10 South 5th Street-7th Floor, Dept. 1134-704, Minneapolis, MN 55402.
SPONSOR: Culver Franchising System, Inc., 1240 Water Street, Prairie du Sac, WI 53578.
©2016 Culver Franchising System, Inc.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter or Instagram. Any questions, comments or complaints regarding this Sweepstakes shall be directed to the Sponsor and not to Twitter or Instagram.