Dippin' Dots Skyrush Contest ends 08/12/12

Link: https://www.facebook.com/Hersheyp...5637428999


Prize: Give us your most creative name for the Skyrush themed Dippin' Dots flavor, upload a photo of yourself, and you could win a gallon of the custom flavor and 4 tickets to Hersheypark!







Rules: DIPPIN' DOTS SKYRUSH FLAVOR CONTEST
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE THE CHANCE OF WINNING.
Hershey Entertainment & Resorts Company (hereinafter referred to as "HE&R") presents the DIPPIN' DOTS SKYRUSH FLAVOR
CONTEST (the "Contest"). This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook.
Entrants understand that they are providing their information to HE&R and not to Facebook. The information provided will only be
used for the purposes of this Contest and as otherwise expressly agreed to by each entrant subject to HE&R's privacy policy.
HE&R reserves the right to discontinue the Contest without notice for any reason and to modify or extend the Contest Period, as
determined by HE&R in its sole discretion.
1. ELIGIBILITY. The Contest is open only to legal residents of the 50 United States or the District of Columbia who are 18 years
of age or older at the time of entry, except the employees, officers, and directors of HE&R, Dippin' Dots, LLC, and the owners,
subsidiaries or any of its advertising agencies or promotional suppliers, and the immediate family members ([step-] children,
spouse, [step-]siblings, [step-]parents) of each are not eligible to enter or win. Void wherever prohibited or restricted by law.
Subject to all federal, state and local laws and regulations.
2. HOW TO ENTER. NO PURCHASE NECESSARY TO ENTER OR WIN. Eligible entrants can enter the Contest by (i) visiting
https://www.facebook.com/Hersheypark; (ii) clicking "Like" to become a fan of the HERSHEYPARK page; (iii) clicking on the
DIPPIN' DOTS SKYRUSH FLAVOR CONTEST tab; (iv) entering a valid email address; (v) completing the entry form in its
entirety; (vi) submitting a profile photo, only featuring the entrant ("Photo"); and (vii) submitting an original flavor name for the
Product defined in Paragraph 3 below ("Flavor Name") in accordance with these Official Rules. Entry form(s), Photo(s), and
Flavor Name(s) are collectively referred to as the "Submissions." Submissions must be received between 12:01AM Eastern
Time ("ET"), August 6, 2012 and 11:59 PM ET, August 12, 2012 (the "Contest Period"). Submissions received via email, mail,
fax, courier, or personal delivery will not be accepted. Entrants may enter the Contest as many times as they wish during the
Contest Period, but each entry must have a different Flavor Name.
All Submissions become HE&R's sole and exclusive property, will not be acknowledged or returned and cannot be changed,
altered, revised or modified. HE&R is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible,
misdirected, technically corrupted or garbled Submissions, which will be disqualified, or for problems of any kind whether
mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by HE&R.
3. CONTEST TOOLKIT. HE&R has created a toolkit for this Contest, which includes: (i) the SKYRUSHTM name; (ii) RIDE THE
EDGE tag line; (iii) a photo of the Dippin' Dots-Sky Rush flavored product, which is the blue raspberry flavored and lemon
flavored dots from Dippin' Dots Rainbow Ice product ("Product"); (iv) a flavor description for the Product; and (v) SKYRUSHTM
ride point of view video (the "Toolkit"). Toolkit items cannot be altered or modified in any manner. Entrants acknowledge that
HE&R is the owner or authorized licensee of the materials in the Toolkit. HE&R hereby grants eligible entrants a limited, nonexclusive,
non-transferrable and revocable license to use the Toolkit, solely in connection with the Contest. Entrants agree that
nothing in these Official Rules shall give entrants any right, title or interest in the Toolkit, except as specifically set forth in this
section and that any and all use of the Toolkit by Entrants shall inure to the benefit of HE&R. Using the Toolkit, Entrants will
submit a Flavor Name that compiles with the Submission Requirements.
4. SUBMISSION REQUIREMENTS. Each Photo and Flavor Name that is entered into the Contest must meet ALL of the
"Submission Requirements" set forth below (any Photo and/or Flavor Name that, in HE&R's sole judgment, violates the
following criteria will be disqualified):
· Flavor Names must be the submitting entrants' original unmodified, previously unpublished work;
· Flavor Names must include words in English that describe, define, or reference the Product flavor description,
SKYRUSHTM name, RIDE THE EDGE tag line, the SKYRUSH ride experience, or elements of the SKYRUSH ride;
· Flavor Names have a forty (40) character limit (includes spaces and punctuation);
· Entrant Photos must be a jpg, jpeg, or gif with a maximum file size of 2 MB;
· Only the entrant can be featured in the Photo;
· Flavor Names and Photos must not infringe upon the rights, including, but not limited to, copyrights, trademarks, right
of publicity, right of privacy or other intellectual property or other rights, of any person or entity; and
· Flavor Names and Photos must not include descriptions that are obscene, pornographic, libelous, illegal,
discriminative, disparaging of HE&R, infringing of the rights of any third parties, or otherwise objectionable as solely
determined by HE&R.
By entering into this Contest, entrant represents and warrants that he/she has obtained all necessary releases of rights and that
her/his Photo and Flavor Name is not in violation of any privacy, publicity, copyright, trademark or other intellectual property
rights.
5. OWNERSHIP OF SUBMISSIONS. In consideration of entrants' Submissions being included in the Contest, each entrant
hereby assigns and transfers unto HE&R their entire right, title and interest in and to the Submissions, and any and all other
rights which they may have acquired with respect thereto pursuant to any other law or regulation or practice. Entrants
acknowledge HE&R's exclusive right, title, and interest, including without limitation copyrights and trademark rights, in and to
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the Submissions, and shall not in any way, directly or indirectly, do or cause to be done any act or thing contesting or in any
way impairing or tending to impair any part of said right, title and interest. Entrants hereby releases HE&R, its owner, affiliated
and related entities and the directors, officers, employees, and agents of each (the "Released Parties"), from any and all claims,
damages, fees, and costs, of whatever kind, arising out of the use of or related to the Submissions. Entrants shall not in any
manner represent that they have any ownership interest in the Submissions, and specifically waive any moral rights that they
might have in the Submissions. It is further understood that HE&R may post, display, publish, duplicate, edit, modify and use
the Submissions in any manner HE&R sees fit.
6. PRIZE.
One (1) winner will receive four (4) regular one-day admission tickets to Hersheypark Amusement Park in Hershey, PA, one
(1) gallon of the Product, and the Product will be sold under the winner's Flavor Name from August 17, 2012 until August 23,
2012 at all Dippin' Dots locations inside Hersheypark. Approximate retail value is US $307.80. Prize winner is responsible for
all costs not specifically included in the prize package(s) including, but not limited to, all transportation costs, parking, gratuities,
incidentals, and meals. Prize is not redeemable for cash. Any interpretation of the prize shall be made within HE&R's sole
discretion. The prize is not transferable. No prize substitutions, exchanges, or cash equivalents will be permitted by the prize
winners, except that HE&R reserves the right to substitute a prize of comparable or greater value if deemed necessary by
HE&R in its sole discretion. Prize must be redeemed by December 31, 2012. HE&R is not responsible for winner limitations
that prevent acceptance or use of prize.
7. SELECTION OF WINNER. One (1) winner will be selected based on the decisions of a judging panel ("Panel"), which will be
comprised of HE&R and/or Dippin' Dots, LLC employees. All eligible Flavor Names submitted during the Contest Period will be
evaluated by the Panel based on the following criteria: Creativity (50%); Adherence to the Official Contest Rules (including the
Submission Requirements) (25%); and Overall Impression (25%). Tasting the Product and/or riding the SKYRUSHTM ride will
not have any effect on entrants' chances of winning. The winner will be contacted and announced on or about August 17, 2012
via Facebook or email; the winner's Photo, first name and city of residence, and Flavor Name will be posted on the
HERSHEYPARK and/or Dippin' Dots, LLC Facebook Pages and will be displayed at all Dippin" Dots locations inside
Hersheypark. The winner will be awarded the prize set forth above, subject to verification. Contest winner is not eligible to win
again in any other DIPPIN' DOTS SKYRUSH FLAVOR CONTEST running during 2012.
Potential prize winner will be required to execute an Affidavit of Eligibility and Release and where allowable a Publicity Release
(collectively, the "Releases"). If, despite reasonable efforts, any potential prize winner does not respond within seven (7) days
of the first notification attempt, or if the prize notification is returned as unclaimed or undeliverable to such potential prize
winner, such potential prize winner will forfeit his or her prize and an alternate winner may be selected. Alternate winner will be
defined as the next runner-up as determined by HE&R. If any potential prize winner is found to be ineligible, or if he or she has
not complied with these Official Rules or declines a prize for any reason prior to award, such potential prize winner will be
disqualified and an alternate prize winner may be selected. Winners may be required to furnish her/his social security number
for the sole purpose of preparation of any tax forms as required by law.
Except where prohibited by law, entry and acceptance of the prize constitutes permission to use winner's name; voice and
likeness; prize won; hometown; Flavor Name; and written and verbal statements for purposes of advertising, promotion and
publicity (including online posting), whether or not for commercial purposes, in any and all media now or hereafter known
throughout the world in perpetuity, without additional compensation, notification or permission.
8. ANTICIPATED NUMBER OF ENTRANTS. HE&R cannot accurately predict the number of entrants who will participate in the
Contest. Odds of winning depend solely on the number of eligible entries received during the Contest Period.
9. PUBLICITY RELEASE/GRANT OF USE. In consideration of entrants' Flavor Name being included in the Contest, each
entrant hereby grants HE&R and Dippin' Dots, LLC a non-exclusive, irrevocable, fully paid, universal license to use, copy,
sublicense, transmit, distribute, publicly perform, publish, delete or display her/his Photo, first name and city of residence, and
Flavor Name, or any portion thereof, in any media now known or hereafter devised without any further right of approval or
compensation, and entrant hereby releases HE&R, Dippin Dots, LLC, and the owners, affiliated and related entities, directors,
officers, employees, and agents of each from any liability with respect thereto. By entering a Flavor Name in the Contest,
entrants acknowledge and agree that their Photo, first name and city of residence, and Flavor Name may be made available to
the public by HE&R and/or Dippin Dots, LLC. Entrants understand and agree that their Photo, first name and city of residence,
and Flavor Name may appear on the HERSHEYPARK and Dippin Dots, LLC Facebook pages and at all Dippin' Dots locations
inside Hersheypark. HE&R shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter, the
Submissions as determined by HE&R in its sole discretion.
10. GENERAL LIABILITY RELEASE. By participating in the Contest, each entrant agrees to release, indemnify, defend, and hold
harmless HE&R, Dippin' Dots, LLC, Facebook, and the owners, affiliated and related entities, directors, officers, employees,
and agents of each from and against any and all costs, claims, losses, injuries, liabilities, or damages of any kind arising out of
or in connection with, or due in whole or in part, directly or indirectly, from: participation in the Contest or any Contest-related
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activity; technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware
or software; the unavailability or inaccessibility of any transmissions or telephone or Internet service; unauthorized human
intervention in any part of the entry process or the Contest; electronic or human error which may occur in the administration of
the Contest or the processing of entries; any injury or damage to persons (including death) or property, including but not limited
to entrant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant's
participation in the Contest or any Contest-related activity; receipt, possession, use or misuse of any prize; and any violation of
any personal rights, such as publicity rights, defamation or invasion of privacy, libel or slander, or intellectual property right
infringement. HE&R has not made any warranty, representation or guarantee express or implied, in fact or in law, with respect
to the prize(s), including, without limitation, to such prize's quality or fitness for a particular purpose.
11. ADDITIONAL RESTRICTIONS AND GENERAL CONDITIONS. Entrants who fail to comply with any of the Official Rules of
the Contest may be disqualified from the Contest at the sole discretion of HE&R. By entering this Contest, all entrants
acknowledge having read these Rules and agree to be bound by them and the decisions of HE&R or its duly authorized
representative(s). HE&R is not responsible for any typographical or other error in the advertising for the Contest, administration
of the Contest or in the announcement of the prizes. HE&R is not responsible if the Contest cannot take place or if the prizes
cannot be awarded or used due to cancellations, delays or interruptions due to acts of God, acts of war (declared or
undeclared), natural disasters, weather, acts of terrorism, riot or civil disturbance, satellite or equipment failure, federal state or
local government law, order or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably
within HE&R's control (each a "Force Majeure" event or occurrence).
Submission materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or
use of automated devices are void. HE&R is not responsible for: (i) error, omission, interruption, deletion, defect, delay in
operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical,
network, telephone equipment, telephone line, electronic, computer, hardware or software malfunctions of any kind, or
inaccurate transmission of or failure to receive entry or email information by HE&R on account of technical problems or traffic
congestion on the Internet or at any website or any combination thereof; or (ii) any injury or damage to persons or property,
including but not limited to death, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in
the Contest or receipt or use of a prize.
12. NO OBLIGATION TO USE. HE&R shall have no obligation (express or implied) to use the Submissions or parts thereof, or to
otherwise exploit any Photos and/or Flavor Names, or, if commenced, to continue the distribution or exploitation thereof, and
HE&R may at any time abandon the use of any Photo and/or Flavor Name in whole or part for any reason, with or without legal
justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
13. DISPUTES. As a condition of participating in this Contest, except where prohibited by law, entrants understand and agree that
under no circumstances will they be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or
consequential damages, or any other damages, including attorneys' fees, other than the entrants' actual out-of-pocket
expenses (e.g., costs associated with entering this Contest), and entrants further waive all rights to have damages multiplied or
increased.
14. GOVERNING LAW. Except where prohibited by law, this Contest shall be governed by and construed in accordance with the
laws of the Commonwealth of Pennsylvania. Entrants hereto consent and agree that all legal proceedings relating to the
subject matter of this Contest shall be maintained in the Court of Common Pleas of Dauphin County, Pennsylvania or, if
applicable, the United States District Court for the Middle District of Pennsylvania (Harrisburg division), and entrants consent
and agree that jurisdiction and venue for such proceedings shall lie exclusively with such courts.
15. TAXES. Prize winners are responsible for all taxes, gratuities and fees, including, but not limited to, federal, state and local
income taxes.
16. PRIZE WINNER INFORMATION. For the name of the prize winner, please send self-addressed, postage-paid envelope to:
"DIPPIN' DOTS SKYRUSH FLAVOR CONTEST" c/o Promotions Dept., 27 W. Chocolate Avenue, Hershey, PA 17033 by
August 30, 2012.
17. SPONSOR. Hershey Entertainment & Resorts Company, 27 W. Chocolate Avenue, Hershey, PA 17033.