Blue Bell Custom Shoe Giveaway

BLUE BELL CREAMERIES CUSTOM SHOE GIVEAWAY

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

1.  ELIGIBILITY:

The Blue Bell Custom Shoe Giveaway (the “Promotion”) is open to legal residents of the fifty (50) United States (including the District of Columbia), and its territories, except where prohibited by law, who are at least 18 years of age at the time of entry.  Residents of any other jurisdiction are not eligible to enter.   The Promotion is sponsored and administered by Blue Bell Creameries, L.P., (the “Sponsor”).  Employees of the Sponsor, Nike, Meta and[LS1] [KR2]  their and their respective subsidiaries, affiliates, sweepstakes administration and advertising and promotional agencies, suppliers or other companies involved with this promotion, as well as the immediate families and household members of such employees, are not eligible to enter or win[LS3] [KR4] . Void where prohibited by law and subject to all applicable laws.

2.  THE PROMOTION:

These official rules (the “Official Rules”) shall govern the Promotion. The Promotion starts at 12:01 a.m. (CT) on May 7, 2024, and ends at 11:59 p.m. (CT) on May 10, 2024. (The “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes. This Promotion is in no way sponsored, endorsed, or administered by, or in association with Facebook, Instagram®, or Nike®. The information you provide will only be used for the purposes of this Promotion.

3.  TO ENTER:

By entering the Promotion, you indicate your full and unconditional agreement to, and acceptance of (a) these Official Rules and (b) Sponsor’s decisions regarding the Sweepstakes, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor is not responsible for late, incomplete, void, corrupted, misdirected, or otherwise erroneous entries, or for any problems, malfunctions or technical difficulties that arise in the entry process. Any incomplete or incorrect entries will be void. Proof of submission will not be deemed to be proof of receipt by the Sponsor. Once submitted, all entries shall be the property of the Sponsor and will not be returned. All entries submitted in compliance with these Official Rules and not disqualified are considered “Eligible Entries.” Only one (1) entry per person is permitted and duplicate entries will be considered void. You may not use multiple e-mail addresses, identities, or devices to enter. The use of an agency or any automated or AI system to enter is strictly prohibited, and Sponsor reserves the right to disqualify any entries received through such methods, as determined by Sponsor, in its sole discretion.

You may enter in one of the following ways:

A. FACEBOOK ENTRY

To enter on Facebook, visit https://www.facebook.com/bluebellcreamery/ during the Promotion Period. An entrant must follow and like the post announcing the contest and comment their favorite flavor of Blue Bell ice cream with #sweepstakes to receive one (1) entry (“Facebook Entry”) into the Promotion.

An Entrant must have a non-private Facebook account to enter the Promotion and maintain such non-private account for at least sixty (60) days after the Promotion Period ends to be eligible to win/claim the Prize for potential winner notification purposes via Facebook Direct Message. Due to the way Facebook operates its service, Sponsor may not receive Facebook Entries from Facebook users with “protected” updates/private posts (i.e., an Entrant has set his/her account so that only people the Entrant has approved can view his/her updates). Without this, the Facebook entry will not be valid. Entrants may download the Facebook application on their device to register for a Facebook account at no cost via http://facebook.com. Creation of a Facebook account requires Entrant to agree to Facebook’s Terms of Service and Privacy Policy, available at http:// https://www.facebook.com/privacy/policy/ and https://m.facebook.com/legal/terms.

B.  INSTAGRAM ENTRY

To enter on Instagram an Entrant may log on to his/her personal Instagram account during the Promotion Period and follow @Bluebellicecream.  An entrant must also like the post announcing the contest and comment on their favorite flavor of Blue Bell ice cream with #sweepstakes to receive one (1) entry (“Instagram Entry”) into the Promotion.

An Entrant must have a non-private Instagram account to enter the Promotion and maintain such non-private account for at least sixty (60) days after the Promotion Period ends to be eligible to win/claim the Prize for potential winner notification purposes via Instagram Direct Message. Due to the way Instagram operates its service, Sponsor may not receive Instagram Entries from Instagram users with “protected” updates/private posts (i.e., an Entrant has set his/her account so that only people the Entrant has approved can view his/her updates). To participate in the Promotion an Entrant must already have or create an account on Instagram.

Entrants may download the Instagram application on their device to register for an Instagram account at no cost via http://instagram.com. Creation of an Instagram account requires Entrant to agree to Instagram’s Terms of Service and Privacy Policy, available at http://instagram.com/about/legal/privacy  and http://instagram.com/about/legal/terms, respectively.

Entries must not, as determined by Sponsor in its sole discretion: (i) violate the rights of others, including copyright, trade secret, license, patent, trademark, privacy, publicity or any other right; (ii) contain defamatory statements; (iii) include threats to any person, place, business, or group; (iv) include instructions or activities that could cause harm or injury (v) be obscene or indecent; (vi) depict any risky behavior; (vii) contain any material or content that is libelous or in any way unlawful; or (vii) contain depictions of any individuals who have not granted permission to appear in the Entry.

4.  DRAWING

Each eligible entry received during the Promotion Period will be entered into a random drawing to be held on May 13, 2024, at approximately 1:00 PM CT. To be valid, entries submitted during the Promotion Period must be received by the Sponsor during the Promotion Period. Entries submitted before or after the Promotion Period will not be eligible.

At the end of the Promotion Period, three (3) prize winners will be selected at random by the Sponsor from among all eligible entries received by the entry deadline. Winners will be notified via the social media account used to submit their entry or by the telephone number provided in the entry, as the case may be. Sponsor will attempt to notify potential winner(s) within [insert number] business days[LS5]  of the drawing. Winners will be required to respond (as directed) to this notification message within twenty-four (24) hours[LS6] [KR7]  of attempted notification and provide additional contact information, including a shoe size, in order for Sponsor to being to fulfill the prize as set forth below. Alternate winner(s) may be randomly selected by the Sponsor from among the remaining eligible entries if the selected winner(s): (i) fails to respond timely to the notification or cannot be reached; (ii) fails to execute the affidavit and release required by these Official Rules; (iii) does not comply with any other rule or condition of the Promotion; (iv) cannot accept or receive the prize for any reason. Only three (3[LS8] ) alternate potential winners may be contacted.

The decisions of the Sponsor, including the selection of the winners, are final and binding on all matters relating to this Promotion. Odds of winning depend on the total number of eligible entries received during the Promotion Period.

5.  PRIZES:

The three (3) potential winners will receive one pair each of Custom, Hand Painted with a Blue Bell Design, Nike Air Force Ones Shoes.  Approximate Retail Value is $308.51 per prize. Each winner is responsible for paying any applicable income taxes and any and all other costs and expenses not listed above.

The total approximate retail value of all prizes awarded in the Promotion is $925.53. A prize may not be substituted, transferred, or redeemed for cash or credit by a winner.  Any prize details not specified above will be determined by Sponsor, in its sole discretion. Exact prize details will be determined at the sole discretion of Sponsor. Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value.

Except where prohibited, Each winner will be required to complete an affidavit of eligibility/liability release prior to receiving the Prize[LS9] [KR10] . If a potential winner is a minor[LS11] [KR12] , their parent or legal guardian will be required to sign the documents on their behalf. The winners must return the completed affidavit and release to the Sponsor within seven (7) days of notification[CK13] [KR14]  of their winner status. Failure to return the affidavit and release will result in forfeiture of the Prize by winner, and an alternate potential winner may, at Sponsor’s discretion, be selected in their place in a random drawing of all remaining entries received.  Allow 6-8 weeks for prize delivery by mail after Sponsor receives the completed affidavit and release and verifies the winner.

6.  RELEASE: 

By entering the Promotion, entrant agrees to these Official Rules and to be bound by the decision of the Sponsor.  In addition, by entering the Promotion, each entrant agrees to release, defend, hold harmless and indemnify the Sponsor, its sweepstakes administration, advertising and promotion agencies, suppliers, Meta, Nike or other companies associated with the Sweepstakes, and each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, shareholders, representatives, and agents (the “Released Parties”), and their respective parents, subsidiaries, affiliates, contractors, directors, officers, governors, employees and agents against any and all liability, damages or causes of action (however named or described), with respect to or arising out of any claims, injuries, losses, or damages of any kind arising out of the Promotion and/or caused by the acceptance, possession, use or misuse of a prize awarded in the Promotion, including but not limited to any claims for damage to property, personal injury, death or claims based on defamation, rights of privacy, rights of publicity or merchandise delivery including, but not limited to: (a) any technical errors associated with the Sweepstakes, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Sweepstakes; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Sweepstakes or Prizes, including, without limitation, a changes to any applicable terms of service, errors that may occur in the administration of the Sweepstakes or the processing of entries, the announcement of the winner, the cancellation or postponement of the event, if applicable, the incorrect downloading of the application the processing of entries application downloads or in any Sweepstakes-related materials or inaccurate prize details supplied to any Entrant by any third party connected with this Sweepstakes, or malfunctioning Prizes; (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Sweepstakes or acceptance, receipt or misuse of the prize (including any travel or activity related thereto); or (g) lost, late, postage-due, misdirected, or undeliverable mail.

Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to $100.00, and in no event shall the entrant be entitled to receive attorney’s fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

The Sponsor and their respective parents, subsidiaries, affiliates, contractors, directors, officers, governors, employees and agents shall not be liable to any winner (or any person acting or claiming on behalf of a winner) for failure to supply a prize or any part thereof, for any reason out of the Sponsor’s reasonable control, including without limitation, any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection or riot.  They will also not be liable to any entrant for damages arising out of (i) any printing or typographical errors in these Official Rules or any other materials associated with the Promotion or (ii) any errors in the administration of the Promotion, including, without limitation, the processing of entries or for any condition caused by events beyond their control that may cause the Promotion to be disrupted.

7. PUBLICITY:

Any information Entrant provides when they enter the Sweepstakes will be used in accordance with Sponsor’s Privacy Policy. Specifically, by providing Entrant’s name and email address, they consent to receiving communications from Sponsor or its affiliates and subsidiaries or suppliers and other companies associated with the Sweepstakes. Entrant may opt-out of receiving such communications through the unsubscribe link in our emails, or by contacting Sponsor at countryclubnews@bluebell.com. Except where prohibited, participation in the Sweepstakes constitutes Entrant’s consent to (i) Sponsor’s use of their Entry, name, likeness, voice, opinions, biographical information, and state of residence and (ii)permission for Sponsor to take, or use submitted photographs and/or video of Entrant, and to make originals and copies of, and to copyright and use the same, for purposes of advertising and promoting the Promotion through other media outlets (television, radio, online) without further compensation for promotional purposes in any and all media now known or hereafter devised, both commercial and non-commercial, all as Sponsor deems appropriate in its sole discretion, and without further payment or consideration. Entrant waives any right to inspect or approve Sponsor’s, or its affiliates’, subsidiaries’, suppliers’ or other companies’ associated with the Sweepstakes use of the Entry as herein permitted, and entrant releases Sponsor and its agents from any and all claims arising out of its use of the Entry as herein permitted, including but not limited to, invasion of privacy, rights of publicity, or unintentional errors occurring in such use and publication, excluding fraud and negligence.

IMPORTANT: MESSAGE AND DATA RATES MAY APPLY IF AN ENTRANT ENTERS THIS PROMOTION ON HIS/HER MOBILE DEVICE. NOT ALL MOBILE TELEPHONE/WIRELESS PROVIDERS CARRY THE SERVICE NECESSARY TO PARTICIPATE IN THESE PROMOTIONS. ENTRANTS SHOULD CONSULT THEIR WIRELESS PROVIDER’S PRICING PLANS. MOBILE ENTRY IS NOT REQUIRED TO ENTER OR WIN A PRIZE IN THIS PROMOTION.

8  GENERAL: 

In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, a change to any applicable terms of service, unauthorized human intervention or other technical problem, or in the event the Sweepstakes is unable to run as planned for any reason, as determined by Sponsor in their sole discretion, the Sponsor may, in their sole discretion, either (a) amend, cancel, suspend or change the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Sweepstakes and, in the event of termination, award the prize at random from among the eligible entries received up to the time of the impairment. The Sponsor reserve the right in their sole discretion to disqualify any individual they find to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney’s fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision, any rights or remedies available to the Sponsor, whether set forth in these Official Rules or elsewhere. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication. In the event of a dispute as to the owner of an online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the owner.

The Sweepstakes is subject to federal, state, and local laws and regulations and is void where prohibited. Sponsor reserves the right in its sole discretion to supplement or make changes to these Official Rules without notice. Amendments will be posted on the Sponsor’s website. By entering the Promotion, the entrant consents to be bound by any and all amendments that may be made.

Sponsor also reserves the right in its sole discretion to interpret the rules of this Sweepstakes in any manner, and such interpretation shall be binding on any entrant and Entry. These Official Rules and your participation in the Sweepstakes are subject to Sponsor’s terms and conditions and privacy policy. If there is any inconsistency between the terms and conditions, the privacy policy and these terms, the terms and conditions and privacy policy will prevail.

Facebook and the Facebook logo and Instagram are registered trademarks of Meta.

Nike is a trademark of NIKE.

9. DISPUTES AND CHOICE OF LAW:

You agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court in the federal courts of the United States or the courts of the State of Texas, in each case located in or having jurisdiction over the City of Brenham and County of Washington in accordance with the “Governing Law” provisions set forth in Sponsor’s website Terms and Conditions. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.

Under no circumstances will Sponsor be liable for, or will Entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, even if Sponsor is notified of the possibility of same in advance, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this Promotion), and entrant further waives all rights to have damages multiplied or increased.    [LS15]

10. RESULTS: To request the names of the winners, please send a self-addressed stamped envelope to the Blue Bell Creameries, 1101 South Blue Bell Road, Brenham, TX 77833. Requests must be received by June 10, 2024.