Happier at Handel’s Sweepstakes
Official Rules
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS SWEEPSTAKES IS SPONSORED BY HANDEL’S ENTERPRISES. IT IS NOT SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM. You understand that you are providing your information to Handel’s Enterprises, (“Handel’s”) and not to Instagram. You can view Handel’s privacy policy at https://handelsicecream.com/privacy-policy/.
1. Eligibility
The Happier at Handel’s Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States (and the District of Columbia), who are at least eighteen (18) years old at the time of entry. Void where prohibited. Proof of residency and age may be required. Employees and directors of Handel’s Enterprises, Sync Marketing LLC and their subsidiaries, divisions, affiliates, and advertising or promotional agencies or individuals involved with the design, production, execution or distribution of the Sweepstakes and the immediate family and household members of such individuals, are not eligible to enter or win. “Immediate family members” shall mean parents, stepparents, children, stepchildren, siblings, stepsiblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not. In order to enter the Sweepstakes or receive a prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to this Sweepstakes. The Sweepstakes is governed by these Official Rules and is subject to all applicable federal, state, and local laws.
2. Sponsor and Administrator
Sponsor: Handel’s Enterprises, 3830 Starr Centre Drive, Canfield, OH 44406. Administrator: Sync Marketing LLC, 10960 Wellworth Avenue, Unit 301, Los Angeles, CA 90024.
3. Timing
Sweepstakes begins July 15, 2022 at 12:01 a.m. Eastern Time and ends August 3, 2022 at 11:59 p.m. Eastern Time (the “Sweepstakes Entry Period”). Administrator is the official time keeper for this Sweepstakes. The Sweepstakes is governed by these Official Rules and is subject to all applicable federal, state and local laws.
4. How to Enter
There are two (2) ways to enter:
- Enter on Instagram. During the Sweepstakes Entry Period: 1) visit a Handel’s Homemade Ice Cream location and snap a picture that shows you enjoying your Ice Cream purchase (the “Photo”); 2) post the Photo on Instagram to your grid with the hashtag #HappierAtHandels and #Sweepstakes; and 3) follow @handelsicecream on Instagram. You will receive one (1) entry for this method of entry.
- Enter Online. To enter without making a Handel’s Homemade Ice Cream purchase, visit https://handelsicecream.com/happier/entry (the “Website”) during the Sweepstakes Entry Period and complete the online entry form by providing your first name, last name, Zip/postal code and email address. You will receive one (1) entry for this method of entry.
Special Consideration for Instagram Entries: You must have your Instagram profile settings as PUBLIC (not protected) to enter your Photo. To participate in the Sweepstakes, if you do not already have an Instagram account, download the free Instagram application (compatible with iPhone, iPod touch, iPad and Android) and create an account as instructed. Getting an Instagram account is free. Photo entries must comply with Instagram’s Terms of Use, which can be found at https://instagram.com/about/legal/terms/#. ALL PHOTO ENTRIES MUST BE RECEIVED BY 11:59 PM ET ON August 3, 2022. Limit of one entry per person and per Instagram account during the Entry Period. Use of multiple Instagram accounts to enter by the same individual is prohibited and may result in disqualification. Photos will be deemed to have been submitted by the authorized account holder of the Instagram account from which the Photo is uploaded at the time of the entry, as identified by the primary email address associated with that account. Submissions will not be acknowledged or returned.
A potential winner may be requested to provide Sponsor with proof that he/she is the authorized account holder of the email address associated with the winning Entry and/or an eligible entrant. Entrants may not register/enter with multiple email addresses nor may entrants use any other device or artifice to register/enter under multiple identities. Use of any automated system to enter is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries all of which will be ineligible to win a prize. In the event of a dispute as to any entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners of one of the grand prizes may be required to show proof of being the authorized account holder to be awarded the prize. All entries become the sole and exclusive property of Sponsor and will not be returned or cancelled.
Limit one (1) entry per person regardless of method of entry.
5. Photo Requirements
The Photo must comply with the following requirements: (i) the Photo may not feature any person other than entrant unless entrant has obtained all necessary written permissions and releases from such persons prior to submission and such persons are over the age of majority in his/her state of legal residence; (ii) other than the Sponsor, its products, brands and/or logos, the Photo may not show, contain, mention, depict, refer or otherwise allude to the name, logo or product of any other retailer, manufacturer, brand, product, store, place of business, person, company or character in such a way or manner as to imply an affiliation with, or endorsement of, the Sponsor, its products, brands and/or this Sweepstakes; (iii) the Photo must be entrant’s own original work (or the entrant must have the rights from the photographer to make the submission), created solely by entrant and not created professionally; must not have been previously published, released or distributed in any form; must not have won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity; (iv) the Photo may not contain, mention, refer or otherwise allude to any material that is violent, lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, racially or morally offensive or otherwise contain inappropriate content or objectionable material; (v) the Photo cannot promote alcohol, illegal drugs or tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any political agenda or message; (vi) the Photo cannot in any manner defame, misrepresent, contain disparaging remarks or reflect negatively about Sponsor, its products, or other people, products or companies or their products, or in any way reflect negatively upon such parties or explicitly or implicitly communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsor wishes to be associated, as determined by Sponsor in its sole discretion; (vii) the Photo cannot contain any personal identification, such as personal names, email addresses or street addresses, without express permission; (viii) the Photo cannot itself be in violation of any law; and (ix) the Photo must otherwise be in compliance with these Official Rules. Sponsor reserves the right, in its sole discretion, to disqualify any Photo that Sponsor believes, in its sole discretion, does not comply with or is in violation of these Official Rules or that otherwise contains prohibited or inappropriate content.
6. Grant of Rights
By submitting a Photo, the entrant represents and warrants that he/she has all right, title and interest necessary to grant the Sponsor the worldwide, irrevocable and unrestricted right and license to adapt, publish, use, edit, and/or modify such Photo in any way and post the Photo on the internet or use the Photo in any other way and agrees to indemnify and hold Sponsor harmless from any claims to the contrary.
7. Representations and Warranties/Indemnification
Each person who enters this Sweepstakes represents and warrants as follows: (i) entrant has obtained any and all necessary permissions required to submit the Photo and for Sponsor’s right to use the Photo for any purpose, including the consent of any identifiable third person(s) appearing in the Photo, and entrant can and will make written copies of such permissions available to Sponsor upon request; (ii) the Photo is owned by entrant and has not been previously published, distributed or otherwise exploited; (iii) the Photo is wholly original with entrant and, as of the date of submission, the Photo is not the subject of any actual or threatened litigation or claim; (iv) the Photo does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity, including, but not limited to, rights of privacy and publicity; and (v) the Photo does not and will not violate any applicable laws, and is not and will not be considered defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Sponsor, Administrator and their subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
8. Winner Determination
On or about August 5, 2022, Administrator will select one (1) entry for each prize described below in a random drawing of all valid entries received during the Sweepstakes Entry Period. Odds of winning depend on the number of eligible entries received during the Sweepstakes Entry Period. The potential Sweepstakes winners that entered on Instagram will be notified by Direct Message on Instagram from @handelsicecream and will be required to respond within 48 hours of notification via email. It is recommended that you confirm your Instagram notification settings are turned on. The potential Sweepstakes winners who entered online will be contacted using the email address provided with the entry and may be awarded the prize subject to verification of eligibility and compliance with the terms of these Official Rules. The potential Sweepstakes winners will be notified by email on or about August 8, 2022. Failure by a potential Sweepstakes winner to respond to the initial verification within 48 hours of notification after three (3) attempts will result in disqualification and Administrator will select an alternate potential Sweepstakes winner in the same manner. Odds of winning a prize depend on the number of eligible entries received during the Sweepstakes Entry Period. Limit of one (1) prize per person for the Sweepstakes. Failure by potential Sweepstakes winner to respond to the initial verification within 48 hours of notification will result in disqualification and Administrator will select an alternate potential Sweepstakes winner in the same manner. Limit of one (1) prize per person for the Sweepstakes.
9. POTENTIAL SWEEPSTAKES WINNER IS SUBJECT TO VERIFICATION BY SPONSOR AND/OR ADMINISTRATOR. SPONSOR AND ADMINISTRATOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE ADMINISTRATION, OPERATION, SELECTION OF THE WINNER AND OTHER MATTERS RELATED TO THE SWEEPSTAKES.
10. Verification of Potential Sweepstakes Winner
Potential Sweepstakes winner may be required to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) by the date specified by Sponsor, or an alternate potential Sweepstakes winner may be selected. In the event: (a) potential Sweepstakes winner cannot be reached for whatever reason after a reasonable effort has been exerted or the potential Sweepstakes winner notification or Affidavit is returned as undeliverable; (b) potential Sweepstakes winner declines or cannot accept, receive or use the prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods, (d) potential Sweepstakes winner is found to be ineligible to enter the Sweepstakes or receive the prize, (e) potential Sweepstakes winner cannot or does not comply with the Official Rules, or (f) potential Sweepstakes winner fails to fulfill the Affidavit-related obligations, the potential Sweepstakes winner shall be disqualified from the Sweepstakes and an alternate potential Sweepstakes winner may be selected, at Sponsor’s sole discretion, from among the other eligible entries received. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential Sweepstakes winner, if any. Each eligible winner must consent to the Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions, and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
10. Grand Prizes
Twenty (20) grand prizes will be awarded. Each winner will receive Handel’s Ice Cream for a year in the form of fifty-two (52) physical coupons (the “Coupon”) good for one (1) medium cone. Approximate retail value of each grand prize is two-hundred seventy-five dollars ($275.00).
Coupon Terms: Coupon is redeemable for merchandise only at Handel’s Homemade Ice Cream stores in the United States. Coupon is subject to its terms and conditions and may not be returned, redeemed for cash (except to the extent required by law) or used as payment on or credit to any credit card accounts. Not valid on prior purchases. The Coupon will not be replaced if lost or stolen. In no event will the Coupon prize value exceed the stated value. In the event the winner purchases more than the stated value worth of merchandise, the winner will be solely responsible for payment of those costs. The fifty-two (52) Coupons have different dates of validity as follows: Ten (10) are valid from August 5 – September 30, 2022. Five (5) are valid October 1 – October 31, 2022. Five (5) are valid November 1 – November 30, 2022. Four (4) are valid December 1 – December 31, 2022. Four (4) are valid January 1 – January 31, 2023. Four (4) are valid February 1 – February 28, 2023. Four (4) are valid March 1 – March 31, 2023. Four (4) are valid April 1 – April 30, 2023. Four (4) are valid May 1 – May 31, 2023. Four (4) are valid June 1 – June 30, 2023. Four (4) are valid July 1 – Aug 5, 2023.
For all prizes: No cash equivalent for the prize, prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the listed prize for one of equal or greater value for any reason. Winner is responsible for all taxes, duties, and fees associated with prize receipt and/or use. All federal, state, and local tax liabilities, as well as any other costs and expenses not specified herein as being awarded are the sole responsibility of the Winner. Winner may be required to complete and return an IRS W-9 form (i.e. Request for Taxpayer Identification Number and Certification). Prize will be awarded only if the Winner fully complies with these Official Rules. Total approximate retail value of all prizes is five thousand five hundred dollars ($5,500).
11. Entry Conditions and Release
Each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor and Administrator which are binding and final in all matters relating to this Sweepstakes; (b) defend, indemnify, release and hold harmless the Sponsor, Administrator and their respective parent, subsidiary, and affiliated companies, celebrities, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry. Winner acknowledges that all prizes are awarded as-is without warranty of any kind.
Release of Claims (California). Each entrant acknowledges that there is a possibility that, subsequent to his/her involvement with the Sweepstakes and adherence to this Official Rules s/he may discover facts or incur or suffer claims which were unknown or unsuspected at the time agreeing to these Official Rules, and which if known by her/him at that time may have materially affected his/her decision to participate in the Sweepstakes. Such entrants acknowledge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, s/he is assuming any risk of such unknown facts and such unknown and unsuspected claims. Such entrants acknowledge that they have read these Official Rules and, as such, hereby have been advised of the existence of Section 1542 of the California Civil Code, which provides:
“A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
12. Publicity
Except where prohibited or restricted by law, Winner’s acceptance of prize constitutes the Winner’s agreement and consent for Sponsor and any of its designees to use and/or publish Winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by Winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.
13. General Conditions
Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the Winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Sweepstakes or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Sweepstakes, or with any Website promoting the Sweepstakes; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Sweepstakes multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakes and/or award the prize from all eligible entries received as of the termination date.
14. Limitations of Liability
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error in the administration of the Sweepstakes or the processing of registrations; or (e) 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 Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes. No more than the stated number of each prize will be awarded.
15. Disputes
Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate Ohio State Court located in Mahoning County, Ohio; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules (whether of the State of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.
14. Entrant’s Personal Information
Information collected from entrants is subject to the Sponsor’s Privacy Policy, which is available at https://handelsicecream.com/privacy-policy/.
15. Sweepstakes Results
For Sweepstakes results, visit https://handelsicecream.com/happier/winners/ after August 30,2022. Winner list will be available until December 15, 2022.
For questions, send an email to info@syncmarketing.net.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. Any and all questions, comments or complaints regarding the Sweepstakes must be directed only to Administrator and not Instagram.
