Rules

OFFICIAL RULES FOR ICE CREAMi LOVER'S GIVEAWAY

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATION. PARTICIPANTS MUST BE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES (INCLUDING DC).

ELIGIBILITY: The ICE CREAMi LOVER'S GIVEAWAY (the “Promotion”) is open to natural persons who are legal residents of the fifty (50) United States and the District of Columbia, and who are 18 years of age or older or the legal age of majority in their jurisdiction of residence at the time of entry, whichever is older (“Participant”). Sponsored by the a2 Milk® Company, 4909 Pearl East Circle STE 300, Boulder, CO 80301(“Sponsor”).  The Promotion is void in Puerto Rico and other U.S. Commonwealths, territories and jurisdictions (including overseas military installations) and where otherwise prohibited by law.

Employees, directors, agents, or independent contractors of The a2 Milk Company (“Sponsor”), its subsidiaries, affiliates, promotion, and advertising agencies (collectively, the “Promotion Entities”), and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, are not eligible to enter or win. Void where prohibited by law. Promotion is subject to all applicable federal, state and local laws. This Promotion is in no way sponsored, or endorsed by Facebook, Instagram, YouTube, or any other third party.

Any attempt by Participant to submit more than the stated number of permitted entries by using multiple/different identities, email addresses and/or any other method will void that Participant's entry and that Participant may be disqualified from participating in the Promotion. No mechanically or programmatically reproduced entries are permitted. Sponsor will not verify receipt of entries for Participants. All entries submitted become the sole property of Sponsor and will not be returned. Sponsor is not responsible for lost, late, misdirected, illegible, or damaged entries.

Winning the prize requires that the Participant is, and remains, in compliance with these Official Rules and any other additional posted rules. Until a Participant is verified to be eligible and in compliance with these Official Rules and any other additional rules, the Participant is, and will remain, a potential winner, unless the potential winner is disqualified for not complying with the Official Rules, any additional rules, and/or not being eligible to participate in the Promotion. Sponsor reserves the right to disqualify any potential winner who Sponsor, in its sole and absolute discretion, determines is not permitted by law to receive a prize. Sponsor is not required to conduct any advertising or public relations associated with a winner.

PROMOTION PERIOD: The Promotion starts on September 8, 2023 at 12:00 PM Mountain Standard Time (“MST”) and ends on September 24, 2023 at 11:59 PM MST (“Promotion Period”).

HOW TO ENTER: There are two (2) ways to receive entry into this Sweepstakes via the Website (defined below): (a) the initial entry (“Initial Entry”); and (b) bonus entries (each, a “Bonus Entry”). Regardless of the method(s) used to obtain entry into this Sweepstakes, there is a limit of five (5) entries per person during the entire Sweepstakes Period.  Please read the “Bonus Entry” section below carefully to see how entries will be distributed.

Initial Entries: Visit https://app.viralsweep.com/sweeps/full/17665b-142037?framed=1 (the ‘Website”), submit your name, email address, city, state, and postal code, and after checking the box indicating your agreement to the terms of use and privacy policy, click the “ENTER” button. Upon the successful submission of your information, you will receive one (1) entry (“Initial Entries”) into the drawing. Your initial entry confirms your agreement to receive promotional emails from the Sponsor and participating brands. 

Bonus Entries: Once the Initial Entries are received, eligible Entrants may then receive Bonus Entries via any or all of the following methods.  To earn Bonus Entries, visit the Website during the Promotion Period and after following the instructions to access your account;

1. Follow on Instagram (up to 4 Bonus Entries during the Promotion Period): Click the icon of each participant and follow the links and instructions to connect your account and become a follower of Sponsor on Instagram. The maximum number of Bonus Entries allowed via this method is four (4), equivalent to one (1)  per participant during the entire Promotion Period.

NOTE: Entrant must be a registered Instagram user to obtain Bonus Entries via the method listed above. To become a registered user, visit www.instagram.com and follow the instructions prior to entering this Sweepstakes. Entrant’s  Instagram profile settings must be set to “public” in order to be viewable by the Sponsor for winner determination. If the Entrant’s account is not set to “public”, the Sponsor may not be able to verify the entry and the Entrant may not be eligible to win. Entrants may not use multiple Instagram accounts to enter.  

Entry Limit:  Regardless of the method(s) used to obtain entry into this Sweepstakes, there is a limit of five (5) entries per person during the entire Promotion Period.  If more than the stated number of entries is received from the same person, telephone number and/or e-mail address the entries may, at the Sponsor’s sole discretion, be disqualified. Entrants are prohibited from using more than one (1) e-mail address, social media account, or multiple identities. If it is found or suspected that an Entrant is using more than one e-mail address or multiple identities to participate in the Promotion, then that Entrant, in Sponsor’s sole discretion, will be disqualified. Use of any automated system to participate in the Promotion is prohibited and may result in disqualification. The Promotion Entities are not responsible for any points that are lost, late, misdirected or  undeliverable, whether due to system errors, omissions, interruptions, deletions, defects, delays in operation or transmissions or any other reason, theft or destruction or failures, faulty transmissions or other telecommunication malfunctions, points not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, technical malfunctions, or otherwise. Sponsor will not verify receipt of entries for Entrants. In the event of a dispute regarding the identity of the person who participated in this Promotions, the entry will be deemed submitted by the Authorized Account Holder (defined below) of the e-mail address submitted at the time for which the Initial Entry was received. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by the Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

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

Any attempted form of entry other than as described herein is void. Sponsor will determine, in its sole discretion, what constitutes a valid entry. Sponsor reserves the right to cancel or modify the Promotion if fraud or technical failures impact the integrity of the Promotion as determined by the Sponsor, in its sole discretion, and to award the prizes based on eligible entries received prior to the cancellation. Tampering with the entry process or the operation of the Promotion is prohibited, and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.

WINNER SELECTION: One (1) Grand Prize winner will be selected randomly from all eligible entries on or about September 24, 2023.  The odds of winning any Promotion depend on the number of eligible entries received for that Promotion, and the odds are the same for all Participants.

MULTIPLE PROMOTIONS:  Sponsor and participating brands may run multiple promotions, sweepstakes, or other promotions simultaneously. Participation in one promotion does not constitute participation in any other unless explicitly stated otherwise.

WINNER NOTIFICATION: Sponsor’s decisions are final and binding on all matters relating to this Promotion. Potential winners will be notified by direct message via email, on or about September 25, 2023.  Potential winners selected must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements and requests of Sponsor during the verification process. Potential winners selected must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements and requests of Sponsor during the verification process. Potential winners will be notified and will be asked to respond and complete the Claim Documents (defined below) within five (5) business days. Notification will include instructions on how to contact Sponsor to provide name, address or other information that may be necessary to complete validation of eligibility, and any necessary Prize Claim Documents (defined below). No liability is assumed for any winner notification that is lost, intercepted, or not received by a potential winner for any reason. Return of notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact a potential winner within a reasonable time period or noncompliance with these Official Rules by a potential winner will result in disqualification and, at Sponsor’s sole discretion, another potential winner may be notified.

PRIZES One Grand Prize (1): One Grand Prize winner will be selected and will receive 1 Ninja CREAMi, 8 FREE a2 Milk coupons, 8 FREE GoodBelly coupons, and an assortment of Bobo's snacks. 

 Approximate Retail Value (“ARV”) of all prizes: $400 USD. No substitution or transfer of prizes or cash redemptions permitted, except at the sole discretion of the Sponsor and participating brands. Prize winner assumes sole responsibility for all costs associated with any component of the Prize not explicitly outlined, including without limitation, all federal, state and local taxes incurred as a result of being awarded the Prize. Sponsor and participating brands reserves the right to make equivalent substitutions as necessary. 

LICENSE/USE OF ENTRIES: By submitting an entry, and to the extent allowed by law, you grant the Promotion Entities a perpetual, worldwide, royalty-free, non-exclusive, sub-licensable, unconditional and transferable license to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse your entry, name, photo, post, caption, and biographical material including, but not limited to, all materials submitted in connection with the Promotion in any and all media, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to entrant or any third party. When you enter the Promotion, the contact information you provide, including your email address, will be shared with third party partner brands to communicate with you about their prizes and to use for their own marketing purposes. The information you provide will be used in accordance with the a2 Milk® privacy policy which may be viewed at https://www.a2milk.com/privacy-policy/. Each entrant and Prize winner (i) waives all moral rights in and to the entry in favor of Sponsor and (ii) agrees to release and hold harmless the Promotion Entities and Instagram and Facebook from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action that relate in any way to the entry. Sponsor reserves the right, in its/their sole and absolute discretion and at any time, to modify, edit or remove any entry, if a complaint is received with respect to it, or for any other reason. If such an action is necessary, then the Sponsor reserves the right, in its sole and absolute discretion, to remove the entry from the Promotion.

PRIZE CLAIM DOCUMENTS: The Claim Documents may include, but are not limited to: a Declaration or Affidavit of Eligibility (as solely determined by Sponsor), Release of Liability, a Publicity Release, a Federal IRS form W-9 for tax filing purposes (for the year a prize is received), and such other documents as may be determined by Sponsor (collectively “Claim Documents”). All Claim Documents must be returned as provided in the directions to the potential winner prior to being declared a winner or receiving any prize. Prizes that require shipping to the winner will ship approximately four to six weeks from date of verification. If verification of any information provided results in forfeiture, no prize will be awarded to that individual. Upon prize forfeiture, no compensation will be given.

RELEASE. By entering the Promotion or receipt of any prize, Participants and any declared winners for himself/herself and his/her heirs, successors, assigns, agents and representatives  release and shall hold harmless Facebook, Instagram, Sponsor, the prize manufacturer, and any other third-party providers and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, each respective parent companies,  and each such parent company’s respective officers, directors, employees and agents from and against any damages or loss resulting from any claim or cause of action based upon any injury of any kind, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.

LIMITATION OF LIABILITY: The Sponsor and Promotion Entities are not responsible for, and entrant hereby releases Sponsor and Promotion Entities from any claims arising from: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Promotion; (iv) electronic or human error which may occur in the administration of the Promotion or the processing of entries; (v) any injury or damage to persons 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 Promotion and (vi) use of any prize.

GENERAL PROVISIONS: Sponsor is not responsible for any typographical or other error in the printing of this offer, administration of the Promotion, or in the announcement of prizes. In the event Sponsor is prevented from continuing with this Promotion, or the integrity and/or feasibility of the Promotion is undermined by any event including, but not limited to: fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, pandemic, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right, in its sole discretion and for any reason or no reason, to abbreviate, modify, suspend, cancel, or terminate the Promotion. In such event, Sponsor, in its sole and absolute discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all the prizes offered in the Promotion. Persons who tamper with or abuse any aspect of this Promotion, or act in violation of the Official Rules, will be disqualified. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to modify these Official Rules in any way or at any time. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike, fraudulent, deceptive, or disruptive manner. Sponsor’s computer is the official timekeeping device for the Promotion. Each Participant shall only participate in the Promotion on his or her own behalf and cannot participate or enter on behalf of any other person or entity. 

Sponsor reserves the right to block entry to any individual for any or all Promotions conducted by Sponsor, whether current or in the future, if such individual is determined to be found in violation of these rules.

DISCLAIMER OF CERTAIN WARRANTIES: Sponsor makes no warranty that the website interface for submission of your post or email entry and any content, features, or functionality offered thereon will meet any requirement or will be uninterrupted, timely, secure, or error-free; or that there will be no errors in the website interface for submission of your post or email entry or any content, feature, or functionality offered thereon. Sponsor shall not be responsible for any damage caused to your computer, mobile device, or data, or for any bugs, viruses, Trojan horses, or other destructive code resulting from use of its website interface, entry form, or other interfaces or any content related thereto.

PERSONAL DATA: To validly enter and to claim a prize, Participants are required to provide Sponsor with certain information that can reasonably be used to identify them, such as their name, residential address, email address, and/or other contact information (“Personal Data”). Any information Participant provides to Sponsor may be used to communicate with Participant in relation to this Promotion or on a Promotion winners list. Participant acknowledges that his/her Personal Data and his/her image or likeness may be used and shared by Sponsor with third parties in connection with the Promotion (including but not limited to prize fulfillment) and as allowed by Sponsor’s Privacy Policy (subject to the terms and conditions of Sponsor’s Privacy Policy). Participant has read, understands, and consents to Sponsor’s Privacy Policy, which is incorporated herein by reference.  Participant further expressly releases, discharges, and shall hold harmless the Participating Parties and all persons acting under their permission or authority, from any and all claims and liabilities he/she may have relating to Sponsor’s use of his/her Personal Data, image or likeness in connection with the Promotion and/or in accordance with Sponsor’s Privacy Policy or these Official Rules and any additional rules on the Promotion Page, including, without limitation, claims under defamation, right of publicity and invasion of privacy. Participant grants a license to Sponsor to make us of Participant’s name, voice, signature, photograph, image, likeness, distinctive appearance, gesture or mannerisms in connection with the Promotion and promotion of the Promotion, along with announcing the prize winner. 

SEVERABILITY: If any part of these Official Rules or any additional rules on the Promotion page is deemed to be invalid, unenforceable or illegal, then the balance shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable or illegal provision were not contained herein.

DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court of the state of Colorado; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the state of Colorado, without giving effect to any choice of law or conflict of law rules (whether of the state of Colorado or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of Colorado.

LIST OF WINNERS: For the list of winners, available after September 25, 2023, send a self- addressed stamped envelope by October 25, 2023 to:

The a2 Milk Company™ 

4909 Pearl E. Circle 

Boulder, CO 80301