Drumstick “Snack-Down”
Challenge
2. Sponsor: Dreyer’s Grand Ice Cream,
Inc., 590 Ygnacio Valley Rd. Ste. 300, Walnut Creek, CA 94596. Administrator: Merkle Inc. (previously known as
HelloWorld, Inc.), 3000 Town Center, Suite 2100, Southfield, MI 48075.
4.
Timing: The Contest
begins on March 20, 2025 at 10:00 a.m. Eastern Time ("ET") and ends
on March 31, 2025 at 11:59 p.m. ET (the "Contest Period"). Instagram and
TikTok’s servers are the official time-keeping devices for the Contest.
Participation
Requirements: To participate, you will need to have a
personal and public Instagram and/or TikTok account (each a “Social Account”).
Creating each Social Account is free but is subject to its terms and conditions:
Instagram
Terms of Use
or TikTok
Terms of Service.
If entering via a mobile device and using your wireless carrier’s network,
standard data charges from your wireless carrier may apply.
Entry
Requirements: During the Contest Period,
take the following actions to receive an entry:
(1) Follow @drumstick on the Social Account used to enter; and
(2) Post an original 10 to 20 second video of you delivering your best
“Snack Talk” (i.e., smack talk/trash talk/throwing shade) line defending
Drumstick sundae cones as the superior snack to your Instagram feed and/or
TikTok.
·
The
content of your Post, including but not limited to your Snack Talk, must be
based on your honest opinion and personal experience;
·
Do not mention any brand name products in your video or caption.
·
In the original caption to your post, include an @mention of drumstick (@drumstick)
and the hashtags #SnackTalk and #DrumstickContest; for TikTok you must also
include #DrumstickContest as a text overlay on your video (collectively, your
“Post”).
·
Note:
Posts to Instagram Stories and Posts where the hashtags are included in a
comment rather than the caption of the original post will not be deemed
entries.
(3) Your
account settings must remain public during the Contest Period and until the
prizes are awarded (as described in Section 8). For TikTok, your privacy
settings must be set to allow “friends” to direct message you; and
(4) You must
not change your Instagram or TikTok handle during the Contest Period and until
the prizes are awarded (as described in Section 8).
By posting content to Instagram
or TikTok to enter, you agree that your Post conforms to the Guidelines and
Content Restrictions below and that Sponsor, in its sole discretion, may
disqualify you if it believes that it fails to conform. Where
your Post meets all requirements, your Post will be deemed one (1) Contest Entry.
Note: Your Contest Entry may be used by Sponsor for marketing purposes as
set forth in Section 6 of these Official Rules.
Guidelines
and Content Restrictions:
·
The
Post must meet the format and size requirements of the social platform used to
enter;
·
The
Post must be in English;
·
The
video must be 20 seconds or less in length;
· Entrant must have
permission from any recognizable individuals who appear in the Post to use
their names and likenesses in the Post and to grant the rights set forth
herein. Minors may only be included in the Post if entrant is their parent or
legal guardian. If requested, entrant must be able to provide such permissions
or proof in a form acceptable to Sponsor.
· The Post must be your
original work;
·
The
Post must not convey any claims of Sponsor’s products or services that would be
deemed unsubstantiated or deceptive if made by Sponsor;
· The Post must not
contain material that violates or infringes another’s rights, including but not
limited
o
Accordingly, your Post must not contain brand names or
trademarks other than those owned by Sponsor, including but not limited to those
of other snack foods;
and
o
Your
Post must not contain content created by a third party, such as music, images
or artwork, even if made readily available on Instagram or TikTok;
·
The
Post must not disparage Sponsor, or any other person or party;
·
The
Post must not promote or reference alcohol, illegal drugs, marijuana, tobacco,
or firearms/weapons, any activities that are or appear to be dangerous, or any
political agenda;
·
The
Post must not contain material that is inappropriate, offensive, indecent,
obscene, sexually explicit, tortious, defama
·
The
Post must not contain material that promotes bigotry, racism, hatred or harm
against any group or individual or promotes discrimination based on race,
gender, religion, nationality, disability, sexual orientation or age; and
·
The
Post must not contain material that is unlawful, in violation of, or contrary
Limit: Each entrant may upload one (1) Post per
social platform during the Contest Period. Each Post must be unique to earn a
Contest Entry. Posts received from any person in excess of the stated limit
will be void. Posts generated by script, macro or other automated means are
void. Multiple entrants are not permitted to
share the same Social Account. Any attempt by any entrant to obtain more than the
stated number of entries by using multiple/different Instagram or TikTok
accounts, identities, registrations and logins, or any other methods will void
that entrant's entries and that entrant may be disqualified. In the event of a
dispute as to the identity of an entrant, Sponsor and Administrator will rely
on entrant’s Social Account handle and other information included in their Social
Account profile. If additional information provided by entrant to claim a prize
is inconsistent with the Social Account used to enter, Sponsor and/or
Administrator may disqualify such entrant and such disqualification may result
in the forfeiture of any prize won. Sponsor, in its discretion, may request
additional documentation from entrant to confirm entrant’s identity.
6.
Sponsor's Use of Social Post Content: Posting a Contest Entry constitutes entrant’s
consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive
license to use, reproduce, modify, publish, create derivative works from, and
display the content in such Posts in whole or in part, on a worldwide basis,
and to incorporate it into other works, in any form, media or technology now
known or later developed, including for promotional or marketing purposes. If
requested, entrant will sign any documentation that may be required for Sponsor
or its designees to make use of the non-exclusive rights entrant is granting to
use the content in the Post.
7. Winner Determination: A panel of
qualified judges, determined by Sponsor in its sole discretion, will select the
two (2) entrants with the highest-scoring Contest Entries (“Winners") based
on the following Judging Criteria:
·
Creativity (33%)
o
Note: use of a prop in your Contest Entry may
increase your Creativity score
·
Charisma/High Enthusiasm (34%)
·
Quality of Contest Entry (33%)
Subject to the entrants’ compliance with
these Official Rules, the entrants whose Contest Entries receive the top two
(2) highest scores will be deemed the potential Grand Prize winners. In the
event of a tie, the entrant whose Contest Entry received the highest score for
"Charisma/High Enthusiasm" as determined by the qualified judges in
their sole discretion, will be deemed the applicable potential winner from
amongst the tied entrants. Sponsor
reserves the right to select fewer than two (2) winners if, in its sole
discretion, it does not receive a sufficient number of eligible and qualified Contest
Entries. Sponsor will not disclose judging scores.
8. Winner
Requirements: On or
around April 4, 2025, potential winners will be notified by direct message from
@drumstick on the social channel used to enter and will be directed to a secure online claim form and asked provide their
name, mailing address and date of birth to confirm eligibility and for prize
fulfillment purposes within two (2) days of the date notice or attempted notice
is sent to claim the prize. Each potential winner (or parent/legal guardian if
winner is a minor in their state of residence) will be required to sign and
return a Declaration of Compliance, Liability Waiver and where not prohibited a
Publicity Release ("Declaration") which must be received by Administrator,
within two (2) days of the date notice or attempted notice is sent, in order to
claim the prize. Winner will be required to participate in the filming of
Sponsor’s advertising content during the WrestleMania event and trip prize as a
condition of accepting the prize.
If a potential winner of any prize cannot be
contacted, fails to sign and return the Declaration or provide any other
requested information within the required time period (if applicable), or the
prize is returned as undeliverable, the potential winner forfeits the prize. If a potential
winner is disqualified for any reason, the prize may be
awarded to a runner-up, if any, in Sponsor’s sole discretion. Only one (1) round of alternate winners may be determined,
time permitting, after which the applicable prize will remain un-awarded.
Two (2) Grand Prizes: A trip prize for winner to participate
in the filming of Sponsor’s advertising content during WrestleMania 41,
accompanied by one (1) travel companion. Trip to
WrestleMania 41 in Las Vegas, Nevada to take place April 18 - 21, 2025. Trip
package includes:
·
Round
trip coach class air transportation for two (2) from a major airport near
winner’s home (determined by Sponsor in its sole discretion) to Las Vegas,
Nevada;
·
Three
(3) nights accommodations at a hotel determined by
Sponsor in its sole discretion (single room, double occupancy);
·
Round
trip ground transportation from winner’s home to airport and airport to hotel;
·
Two
(2) tickets to WrestleMania 41 at Allegiant Stadium, good for admission on
Saturday April 19 and Sunday April 20, 2025. Seating and all details determined
by Sponsor in its sole discretion; and
·
$500
in spending money.
Sponsor will also provide each winner a
cash payment in the form of a check, which is intended to assist the winner
with any federal, state or other tax obligations related to the Grand Prize
(the “Tax Gross-Up Payment”). The Tax Gross-Up Payment will be $1,671.00. The
winner’s actual tax liabilities related to the Prize could exceed the Tax
Gross-Up Payment. Each winner is solely responsible for all applicable
federal, state, or other tax obligations related to the Grand Prize. Sponsor
will not provide any further assistance toward the winner’s tax obligations.
Filming Requirements: Sponsor intends to film and/or
photograph winners during the trip prize, including but not limited to at the
WrestleMania event (“Prize Footage”). Travel companions may, but are not
obligated to, participate in the creation of Prize Footage. All Prize Footage
will be owned by Sponsor as set forth in the Publicity section below. Sponsor
has no obligation to use any Prize Footage that is filmed. Exact details surrounding
winner’s opportunity to participate in the creation of Prize Footage to be
determined by Sponsor in its sole discretion. Winner will not be entering into
an employment or any other relationship with Sponsor. Each winner must be
available for all scheduled filming activities and cooperate fully with the
production team. Winner (and travel companion, as applicable) must also abide
by all guidelines provided by Sponsor with respect to appearing in Prize
Footage. Failure to comply with guidelines, or any behavior deemed
inappropriate or uncooperative by the Sponsor, may result in forfeiture of a
portion of the prize, as determined by Sponsor in its sole discretion.
Other
Prize Terms: Winners must travel on the dates determined by Sponsor
in its sole discretion or prize will be forfeited. Notwithstanding the
foregoing, Sponsor will make reasonable efforts to select travel dates
acceptable to winners. Winners are obligated to work with Sponsor’s travel
agent to book trip immediately upon winner confirmation or prize will be
forfeited. Travel and accommodations are subject to availability. Travel must
be round trip. Sponsor will determine airline and flight itinerary in its sole
discretion. No refund or compensation will be made in the event of the
cancellation or delay of any flight. Travel is subject to the terms and
conditions set forth in this Contest, and those set forth by the Sponsor’s
airline carrier of choice as detailed in the passenger ticket contract. All
expenses and incidental travel costs not expressly stated in the package
description above, including but not limited to: additional ground
transportation, meals, incidentals, gratuities, passenger tariffs or duties,
airline fees, surcharges, airport fees, service charges or facility charges,
personal charges at lodging, security fees, taxes or other expenses are the
responsibility solely of winner. Winner must have proper identification and a
valid credit card for hotel check-in and to cover incidental expenditures.
Unless child of winner, travel companion must be eighteen (18) years of age or
older as of the date of departure or a sibling/friend of winner with the
appropriate parental permissions and releases and must travel on same itinerary
and at the same time as the winner. Travel companion must execute
liability/publicity releases prior to issuance of travel documents. Travel
restrictions, conditions and limitations may apply. There exists an inherent
risk of exposure to COVID-19 in any public place where people are present. By
travelling and attending event winner and winner’s travel companion voluntarily
assume all risks related to exposure to COVID-19. If in the judgment of Sponsor air travel is not
required due to winner’s proximity to prize location, ground transportation
will be substituted for round trip air travel at Sponsor’s sole discretion.
Sponsor will not replace any lost, mutilated, or stolen tickets, travel
vouchers or certificates. Sponsor is not responsible if WrestleMania event is
delayed, postponed or cancelled for any reason, in which event that portion of
prize is forfeited in its entirety and no substitution will be provided except
as in Sponsor’s sole discretion.
Approximate Retail Value (“ARV”) of each
prize: $7,071.00.
Prizes are non-transferable,
and no substitution will be made except as provided herein at the Sponsor’s
sole discretion. Sponsor reserves the right to substitute a prize (or a
component thereof) for one of equal or greater value if the designated prize
should become unavailable for any reason. Winners are responsible for
all taxes and fees associated with prize receipt and/or use. Limit: One (1) prize per person.
10.
Release: By entering
into this Contest, entrants agree to release and hold harmless Sponsor, Lippe
Taylor Group, LLC, World Wrestling Entertainment, LLC, Meta
Platforms, Inc., TikTok Inc., Administrator, and their respective parent
companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion
agencies, and prize suppliers, and each of their respective parent companies
and each such company’s officers, directors, employees and agents
(collectively, the “Released Parties”) from and against any claim or cause of
action, including, but not limited to, personal injury, death, or damage to or
loss of property, third party claims involving the right to privacy, right of
publicity, or intellectual property infringement arising out of participation
in the Contest or receipt or use or
misuse of any prize, including any related travel.
11. Publicity: Acceptance
of any prize shall constitute and signify each winner’s agreement and consent
that Sponsor and its designees may use all Prize Footage as well as the
winner’s name, city, state, likeness, photo, including winner’s Instagram or
TikTok profile photo, Contest Entry, and/or prize information in connection
with the Contest for promotional, advertising or other purposes, worldwide, in
any and all media now known or hereafter devised, including the Internet,
without limitation and without further payment, notification, permission or
other consideration, except where prohibited by law. Sponsor is not obligated
to use any of the above-mentioned information or publicity materials but may do
so and edit such information or materials at its sole discretion, without
further obligation or compensation.
12. General Conditions: Sponsor reserves the right to cancel,
suspend and/or modify the Contest if any fraud, technical failures, human
error, any other factor impairs the integrity or proper functioning of the
Contest, or any event or cause beyond Sponsor’s control (e.g. events such as
natural calamities, national emergencies, wide spread illnesses, declarations
of war, acts of God, acts of terrorism) interferes with any aspect of the
Contest, including but not limited to fulfillment of the prize(s), as determined
by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole
discretion, determine the winner(s) from among all non-suspect, eligible
Contest Entries received up to time of such action using the judging procedure
outlined above. Sponsor may also modify the prizes offered. In addition,
Sponsor reserves the right to disqualify any individual it finds to be
tampering with the entry process or the operation of the Contest or to be
acting in violation of the Official Rules of this or any other promotion
offered by Sponsor or in an unsportsmanlike or disruptive manner and void all
associated entries. Any attempt by any person to deliberately undermine the
legitimate operation of the Contest may be a violation of criminal and civil
law, and, should such an attempt be made, Sponsor reserves the right to seek
damages and other remedies (including attorneys’ fees) 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. In the
event there is a discrepancy or inconsistency between, any other statements
contained in any Contest-related materials and the Terms and Conditions as
posted on the Promotion Site, the Terms and Conditions as posted on the
Promotion Site shall prevail, govern, and control.
13.
Limitations of Liability:
Released Parties are not responsible for: (a) any
incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or
by any of the equipment or programming associated with or utilized in the
Contest; (b) technical failures of any kind, including but not limited to
malfunctions, interruptions, or disconnections to the internet, social media
platforms, in phone lines or network hardware or software; (c) unauthorized
human intervention in any part of the Contest, including but not limited to the
entry process; (d) printing, typographical, technical, computer, network or human error which may occur in the administration of
the Contest, including but not limited to the uploading, processing or judging of Contest
Entries, the announcement of the prizes or in any Contest-related materials; (e) late, lost, undeliverable, damaged or stolen mail; (f)
lost, late, unreceived, damaged, incomplete, invalid, un-intelligible, garbled,
delayed or misdirected Posts or failure to receive Posts due to limitation of
third-party social media platforms or (g) any injury or damage to persons or
property which may be caused, directly or indirectly, in whole or in part, from
entrant’s participation in the Contest or to the receipt, use, inability to use
or misuse of any prize (including any travel/activity
related thereto). Released Parties are not
responsible for misdirected or undeliverable Posts or for any technical problems, malfunctions of computer
systems, servers, providers, hardware/software, lost or unavailable network
connections or failed, incomplete, garbled or delayed computer transmission or
any combination thereof. Released Parties are not responsible for any unauthorized
third-party use of any Post.
15. Disputes: Except where
prohibited, each entrant agrees that: (1) any and all disputes, claims and
causes of action arising out of or connected with this Contest or any prize
awarded shall be resolved individually,
without resort to any form of class action, and exclusively by the United
States District Court for the Eastern District of Michigan or the appropriate
Michigan State Court located in Oakland County, Michigan; (2) any and all
claims, judgments and awards shall be limited to actual out-of-pocket costs
incurred, including costs associated with entering this Contest, but in no
event attorneys’ fees; and (3) 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 Contest, shall be governed by, and construed in accordance with, the
laws of the State of Michigan without giving effect
16. Severability: If the application of any provision of these
Official Rules to any particular facts or circumstances shall for any reason be
held to be invalid, illegal or unenforceable by a court, arbitration panel or
other tribunal of competent jurisdiction, then (a) the validity, legality and
enforceability of such provision as applied to any other particular facts or
circumstances, and the other provisions of these Official Rules, shall not in
any way be affected or impaired thereby; and (b) such provision shall be enforced
to the maximum extent possible. In addition, if any provision contained in
these Official Rules shall for any reason be held to be excessively broad as to
duration, geographical scope, activity or subject, it shall be construed by
limiting and reducing it, so as to be enforceable to the extent compatible with
applicable law.
17.
Entrant's Personal Information:
Information collected from entrant is subject to Sponsor’s Privacy Policy.
18.
Winner List: For a winner list, click here. The
winner list will be posted after winner confirmation is complete.
© 2025 Merkle Inc. All rights reserved.
This promotion is in no way sponsored,
endorsed or administered by, or associated with, Meta Platforms, Inc. or TikTok
Inc.