Official Rules for N!CK’S “Earth Day Giveaway” Sweepstakes

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. MUST BE 18 YEARS OR OLDER TO ENTER. YOU MUST BE A U.S. RESIDENT TO QUALIFY FOR THE SWEEPSTAKES. BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.

N!CK’S and/or its related entities ("N!CK’S" or “Sponsor”) may occasionally conduct contests, sweepstakes and/or other giveaways (individually and collectively, “Promotion”) on social media/networking websites and individually hosted landing pages at nicks.com including but not limited to twitter.com, facebook.com, pinterest.com, instagram.com, nicks.com, and gleam.io. Unless specifically noted otherwise by Sponsor, these terms and conditions shall serve as the official rules for any such Promotion conducted by Sponsor. Sponsor may terminate, extend, suspend or alter any Promotion in its sole discretion.

1. ENTRY: No purchase necessary to participate or win. A purchase will not improve one's chance of winning. Void where prohibited. All federal, state and local taxes apply. Entry into any Promotion will only be via the method specified by Sponsor in the Promotion’s offer on the Social Media Site and/or hosted Landing Page. Unless otherwise specified by Sponsor, you may enter however as you wish. All entries must include the information requested by Sponsor to be eligible. Only one prize per person, household, email address and/or username will be allowed in any thirty (30) day period. All entries must be received within the time period stated by Sponsor during the Promotion’s offer to be eligible to win a prize. Late and/or subsequent entries per person, per household per email address and/or username will be disqualified. Sponsor is not responsible for failure to receive an entry for any reason including but not limited to submission and/or transmission failures, technical malfunctions and/or other conditions beyond its reasonable control. Entries generated by script, macro or other automated means are void. All entries become the property of Sponsor and will not be acknowledged or returned. From Friday April 16th, 2021 to Friday, April 23rd 2021, N!CK’S will ask Participants to provide their email address and phone number to be entered for a chance to win a year's supply of Nick’s ice cream. The Sponsor will ask visitors to the nicks.com landing page to provide their email address and phone number to be entered into the Sweepstakes. Friday April 16th, 2021 at 5:00AM PST to Friday April 23rd, 2021 at 11:59PM PST. Participants who provide their email address and phone number will be entered in the sweepstakes. The Winner will be chosen from the pool of Participants at random. Winner will be notified by the email address used when the Participant entered the contest. The Winning Participant must respond to N!CK’S email regarding their prize within 48 hours of the notification, otherwise the prize will be forfeited.
2. ELIGIBILITY: To participate, you must be a legal US resident, eighteen (18) years of age or older at the time of entry. Employees and contractors of N!CK’S, and its sponsors and advertising agencies, and members of the immediate family of any such persons are not eligible to participate and/or win. The term “immediate family” includes spouses, domestic partners, siblings, parents, children, grandparents, grandchildren, or other family extension, and any other persons residing at the same household whether or not related.
3. WINNER SELECTION: Sponsor will randomly select one (1) winner at the end of the contest Monday April 26th, 2021. Winner’s will be contacted Monday April 26th, 2021. Winner’s will be announced Wednesday April 28th, 2021 at 12:00PM PST. Winner will be contacted through the email address provided when the Participant entered the contest.

(a) Unless otherwise specified in the Promotion, winners will be chosen in a random drawing conducted by Sponsor.

(b) All photos and reposts must be original, unpublished and the sole property of the entrant. In addition, photos may not contain the trademarks of any third party, nor may they contain lewd, inappropriate, threatening or obscene, defamatory or libelous images or content. Sponsor may, in its sole discretion, display any submitted photo in any media, including on Sponsor's websites. By submitting a photo, entrants agree that the photo does not infringe on the intellectual property or other rights of any third party, does not violate any laws, nor does it contain a virus.

(c) Winners will be notified within two (2) business days following the conclusion of the Promotion via social media direct message. If a winner does not respond to such notification within two (2) business days and/or does not meet the stated eligibility requirements, such winner will be disqualified and N!CK’S reserves the right to randomly select an alternate winner from the remaining eligible entries received for the applicable Promotion. Winners may be required to sign and return an Affidavit of Eligibility, Liability Release and, where legally permissible, a publicity release and/or provide other personal or tax information. Winners will have two (2) business days to provide all such information and to execute and return the Affidavit of Eligibility, Liability Release, publicity release, or tax information (if required by N!CK’S). By entering, participants in the Promotion release the Released Parties (defined below) from any claims, losses, injuries or damages of any kind resulting from participation in the Sweepstakes or the use or receipt of any prizes. Potential winners (and guests) are subject to background checks. The failure to comply with the foregoing requirements, or the return of any prize or prize notification as undeliverable may cause the winner to forfeit their prize and N!CK’S reserves the right to select an alternate winner. Sponsor’s decisions concerning selection of winners, as well as all other matters relating to any Promotion, are final and binding. Odds of winning a Promotion will depend on the number of eligible entries received for the applicable Promotion.

4. PRIZES: One (1) winner will receive a year's supply of Nick’s Vegan ice cream which is equal to twelve (12) shipments of six (6) pints of the winners choosing, once a month for an entire year from April 26th, 2021 to March 26th, 2022. The number and value of prizes awarded in any Promotion will vary. In the event that a prize's total value exceeds $550, proper tax information will be requested in the form of a standard W-9. Failure to return the W-9 within 48 hours of receiving it will result in an automatic forfeit of the prize. Prizes may not be substituted, transferred or assigned except at Sponsor’s sole discretion. Prize includes only what is specified in the prize description. Sponsor will not consider or fulfill any requests for additional or alternate prizes, including but not limited to requests for additional pints, upgrades and/or alternate shipping.
5. LIMITATION ON LIABILITY: ENTRANTS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, SPONSOR AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES (THE “RELEASED PARTIES”) FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGES, INJURY OR LOSSES (INCLUDING DEATH) TO ANY PERSON, OR PROPERTY, OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE OR PARTICIPATION IN ANY SWEEPSTAKES RELATED ACTIVITY OR PARTICIPATION IN ANY PROMOTION CONDUCTED BY SPONSOR.
6. GENERAL CONDITIONS: Illegible, unintelligible or incomplete entries or responses will be disqualified. The Released Parties are not responsible for any lost, late, misdirected, stolen or undelivered entries. The Released Parties are not responsible for technical, network, electronic, computer, hardware or software failures of any kind, including any injury or damage to entrant's or any other person's computer related to or resulting from participating in or downloading any materials related to any Promotion. The Released Parties are not responsible for incomplete, garbled or delayed Internet/e-mail computer entries or for any malfunction or technical errors occurring on any Social Media Site on which a Promotion is conducted. In the event that technical or other circumstances compromise a Promotion, N!CK’S reserves the right to cancel, modify or terminate the Promotion, and/or to select winners for prizes from all eligible entries received prior to the cancellation. The Released Parties are not responsible for typographical errors in the Promotion, any Social Media Site or these rules.
7. CLAIMS/CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant in connection with any Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without regard for conflicts of law doctrine, and all proceedings shall take place in the State of California. All participants who enter a Promotion agree to submit to the exclusive jurisdiction of the courts of the State of California and agree to waive the right to a jury trial with respect to any claim or dispute with regard to any aspect of any Promotion or these Official Rules. Any and all claims, judgments and awards in connection with a Promotion shall be limited to actual out-of-pocket costs incurred in connection with such Promotion but in no event attorneys fees; and under no circumstances will an entrant be permitted to obtain awards for, and entrants hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than actual out-of-pocket expenses, and any and hereby waives all rights to have damages multiplied or otherwise increased.
8. PUBLICITY/RELEASE: Except where prohibited by law or regulation, by entering and/or accepting a prize you grant N!CK’S permission to use your name, username/online alias, likeness, and statements for any purpose in reference to a Promotion without additional compensation, consideration or consent. Sponsor’s  reserves the right to use any Response or Submission in all print and electronic media, and to edit any Response or Submission for brevity and clarity.
9. WINNER’S LIST: For the names of the winner(s) of a Promotion, please email hello@nicks.com within thirty (30) days following the conclusion of the applicable Promotion, Monday April 26th, 2021 at 11:59PM PST.