DQ® The hAPPiest Sweeps EverTM
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING.
Void in Texas and where prohibited.
1) PROMOTION PERIOD: The DQ® The hAPPiest Sweeps EverTM (the “Sweepstakes” or “Promotion”) starts on June 3, 2019 at 12:00:00 AM Eastern Time (“ET”) and ends on June 30, 2019 at 11:59:59 PM ET (the “Promotion Period”) and is comprised of 28 daily entry periods and 4 weekly entry periods (each a “Drawing Period”) as noted below in Rule #4. Sponsors’ computer is the official time-keeping device for this promotion.
2) ELIGIBILITY: The Sweepstakes is open only to legal residents of the 50 United States or the District of Columbia who at time of entry are 18 years of age or older. Employees and non-employee workers of International Dairy Queen, Inc. and American Dairy Queen Corporation (collectively, the “Sponsors”), The Coca-Cola Company (the “Grand Prize Sponsor”) and Coca-Cola Bottlers, Delta Air Lines, Inc. (“Delta” or “Delta Air Lines”), Hilton Worldwide Holdings Inc. (“Hilton Hotels”), Speedway Motorsports, Inc., National Association for Stock Car Auto Racing, Inc. (“NASCAR®”), Universal City Development Partners, Ltd. d/b/a Universal Orlando ResortTM (“Universal Orlando”), Marden-Kane, Inc. (the “Administrator”), and their respective parent, subsidiary and affiliated companies, agents, representatives, officers, directors, shareholders, and employees that are involved in the development or execution of the Promotion (collectively “Released Entities”), and the immediate families (spouse and parents, children and siblings, and their respective spouses regardless of where they live) and individuals living in the same households, whether related or not, of the above, are not eligible to enter or win a prize. By participating in the Promotion, each entrant (an “Entrant”) agrees to be bound by the Official Rules and by Sponsors’ and Administrator’s decisions, which are final and binding in all matters related to this Promotion. Void in the State of Texas, and wherever prohibited or restricted by law. This Promotion is subject to all applicable federal, state, and local laws and regulations.
- HOW TO PARTICIPATE AND ENTER: There are two ways to enter the Sweepstakes as further detailed below:
- Entry Method 1: Via the DQ® Mobile App (the “App”):
- If you have not yet done so, using your Apple or Android web-enabled mobile device: (i) visit the Apple App Store for iOS devices or the Google Play Store for Android devices; (ii) search for “Dairy Queen” in your mobile device application store to locate the App, (iii) download and install the Dairy Queen® App, and (iv) create an account by providing the requested information your first name, last name, email address, mobile phone number, zip code, password and day/month of birth. Note: Once you’ve downloaded the App and created an account, ensure that notifications have been enabled and that location services have been turned on. Use of the App is subject to the App’s terms and conditions available at https://www.dairyqueen.com/us-en/app/terms/?localechange=1/.
- Visit your local participating DQ® location, with the exception of DQ® locations in the State of Texas and download or open the App on your mobile device and click the “The hAPPiest Sweeps EverTM” banner on the home screen of the App for further details. Note: You must be at a DQ® location (excluding locations in the State of Texas) in order to enter, and you must have your location services and notifications turned on to enter.
- Follow the online instructions to complete a one-time Sweepstakes registration by providing the requested information, including your full name, address, city, state, zip code, phone number, and email address. This step is not required on subsequent visits to a participating DQ® location.
- To Enter, follow the instructions to “feed” The hAPPiest Sweeps EverTM emoji, and then click on the “Submit” button. You must submit the page as instructed in order to earn 1 entry (an “Entry”) into the Sweepstakes, up to the limit stated below.
- Entry Method 2: Via Online Entry:
- To enter without downloading the App or visiting a participating DQ® location, visit https://promotions.mardenkane.com/coca-cola/dairyqueen/2019/happiestsweeps/amoe and follow the onscreen instructions including providing the requested information as directed. Information requested on the online form will include: your complete name, address, city, state, zip code, mobile phone number and email address. Once the completed form has been received by the Administrator the Entrant will earn 1 Entry into the Sweepstakes, up to the limit stated below. The information you provide will be used to contact you if you are selected as a potential prize winner as detailed in Rule #7.
Regardless of method of entry, there is a maximum of 1 Entry per person/per day. A day is defined as the calendar day beginning at 12:00 AM ET and ending the same day at 11:59 PM ET. Any Entrant submitting Entries in excess of the disclosed maximum, by any means, including but not limited to establishing multiple email accounts, will be disqualified from participation in the Sweepstakes.
Participation via your mobile device requires a service plan for your web-enabled mobile device with your wireless service provider and a device that supports the App. Data rates may apply. See your wireless service provider for pricing plan details and capabilities.
4) PRIZE DRAWING AND DRAWING SCHEDULE: There will be a total of thirty-two (32) random drawings, each an applicable Drawing Period, conducted from all eligible Entries submitted during the Promotion Period, as outlined below. Each random drawing will be held on or about the drawing dates noted below and conducted from among all eligible Entries received during each applicable Drawing Period by the Administrator as follows:
|Daily Drawing Periods||Starts||Ends||Drawing (on/about)||Potential Winners|
|1-28||Every day at 12:00 AM ET||Every day at 11:59:59 PM ET||Starting on 6/4/2019 and daily thereafter until 7/1/2019||200 per day|
|Weekly Drawing Periods||Starts 12:00 AM ET||Ends 11:59:59 PM ET||Drawing (on/about)||Potential Winners|
The Administrator is an independent judging organization whose selection of the potential winners is final and binding. Odds of winning a prize depend on the total number of eligible Entries received per Drawing Period. Entries included in one Drawing Period are not eligible for subsequent drawings. Potential winners are subject to eligibility verification and compliance with these Official Rules. Limit of 1 weekly prize per household.
- Grand Prizes: A total of 4 Grand Prizes (each a “Grand Prize”) will be awarded (1 Grand Prize per Weekly Drawing Period) as follows:
- Week 1 and Week 3: The week 1 and week 3 Grand Prize will offer a 4-day/3-night NASCAR® VIP Experience Trip for the winner and up to 3 guests to the Charlotte Motor Speedway, in Concord, North Carolina (the “NASCAR® Grand Prize”). Each NASCAR® Grand Prize trip will include roundtrip coach airfare awarded in the form of 4 Delta Air Lines vouchers to Charlotte Douglas International Airport, 3-nights’ Hilton Hotel accommodations (1 room, quadruple occupancy), 4 Grandstand tickets for 2 days, and 4 passes to the NASCAR® Hall of Fame. Each NASCAR® Grand Prize winner will also receive $1,000 (in the form of a prize check or gift card, as solely determined by the Grand Prize Sponsor) to be used for meals and incidentals, and an additional $1,100 (in the form of a prize check) to offset any taxes. Approximate Retail Value (“ARV”) of each NASCAR® Grand Prize: $4,780. Travel must be made through the Administrator or Administrator’s travel agent and is subject to the restrictions in these Official Rules.
- Airline vouchers are valid only on Delta Air Lines operated, published, scheduled service only from the airport nearest the winner's residence served by Delta within the Continental United States. If a winner does not live in a city served by Delta Air Lines, the winner is responsible for transportation to and from the nearest airport served by Delta Air Lines. Airline vouchers will not be refunded or redeemed for cash or credit at any time and are subject to all terms and conditions of use as established by Delta Air Lines. Expiration dates will not be extended. Released Parties are not responsible for lost or stolen gift cards, vouchers or tickets, or vouchers or tickets not redeemed by the expiration date. Lost, stolen or expired gift cards, tickets, or vouchers will not be replaced. Certain blackout dates and restrictions may apply.
- Week 2 and Week 4: The week 2 and week 4 Grand Prize will offer a 4-day/3- night trip package for the winner and up to 3 guests to Universal Orlando Resort in Orlando, Florida (the “Universal Orlando Grand Prize”). Each Universal Orlando Grand Prize will include roundtrip coach air transportation for winner and up to 3 guests from a major airport closest to winner’s home (as determined by Universal Orlando in its sole discretion) to Orlando, Florida, ground transfers for winner and up to 3 guests to and from the Orlando International Airport, 3 consecutive nights standard hotel accommodations (1 room, quadruple occupancy, room and tax only) at a Universal Orlando Resort hotel (as determined by Universal Orlando in their sole discretion) for winner and up to 3 guests, and 3-Park, 3-Day Park-to-Park Tickets for admission to Universal Studios Florida and Universal’s Islands of Adventure theme parks and Universal’s Volcano Bay water theme park. ARV of each Universal Orlando trip is $4,085. Each Universal Orlando Grand Prize winner will also receive $1,000 as provided by the Grand Prize Sponsor (in the form of a prize check or gift card, as solely determined by the Sponsors) to be used for meals and incidentals, and an additional $1,500 as provided by the Grand Prize Sponsors (in the form of a prize check) to offset any taxes. Total ARV of each Universal Orlando Grand Prize: $6,585.
- All Universal Orlando Grand Prize details will be determined by Universal Orlando in its sole discretion, at time of award. The Universal Orlando Grand Prize must be taken by June 30, 2020 or the Universal Orlando Grand Prize will be forfeited in its entirety without further or alternative compensation. If winner is between 18-21 years of age, winner must be accompanied by an adult of at least 21 years of age to check into the hotel. Travel arrangements must be made through Universal Orlando. For any winner who is a Florida resident, air transportation may be substituted with another method of transportation by Universal Orlando in its sole discretion. If winner elects to partake in any or all portions of the trip with fewer than 3 guests or no guest at all, the trip will be awarded to winner and each participating guest, and any remainder of the prize will be forfeited and is not be subject to further or alternative compensation. All elements of the trip must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption. Trip must be booked at least 60 days prior to intended departure date. Travel dates are subject to Universal Orlando’s and Sponsors’ approvals. Once determined, no change, extension, or substitution of travel dates and/or times is permitted, except by Universal Orlando in their sole discretion. Theme park tickets are valid during normal operating hours only. Operating hours and availability of attractions and shows are subject to change without notice. Some special events may be separately ticketed. Universal Orlando reserves the right to change the name of all tickets. Except as otherwise indicated herein, all tickets specifically exclude admission to special or separately ticketed “hard ticket” entertainment events at either of the theme parks, hotels, or within any of the Universal CityWalkTM venues such as Hard Rock Live® and Blue Man Group show.
Total ARV of all Grand Prizes Offered: $22,730. Complete terms and conditions of each trip will be furnished with notification letter.
Daily Prizes: 200 Daily Prizes (each a “Daily Prize,” and together with the Grand Prizes, are each a “Prize”) will be awarded per day for a total of 5,600 Daily Prizes during the Promotion Period. Each Daily Prize will consist of a $5 DQ® gift card. ARV is $5 for each gift card. Total ARV of Daily Prizes: $28,000. Gift Cards will be mailed to each winner within 3 to 5 weeks after notification.
Total ARV of all Prizes Offered: $50,730. All Prizes will be awarded provided that a sufficient number of eligible entries have been received to conduct each of the Prize drawings noted above.
6) GENERAL PRIZE RESTRICTIONS: Gift cards are subject to terms and conditions specified by the issuer. No substitutions, cash equivalents, or transfer of prizes permitted except at the sole discretion of the Sponsors, who reserve the right to substitute a prize (or portion thereof) with one of comparable or greater value, except as otherwise provided herein. Prize may not be sold, bartered or exchanged by winner. Only 5,604 total Prizes will be awarded in the Sweepstakes. Released Entities are not responsible for damage to a Prize or loss of a Prize after the Prize has been delivered to a confirmed winner. Released Entities make no warranties, and hereby disclaim any and all warranties, expressed or implied, concerning any prize furnished by third parties in connection with the Sweepstakes. At Sponsors’ sole discretion, Prizes may vary from what has been advertised, pictured, etc. All Prize details not specified in these Official Rules will be determined solely by the Sponsors.
Tickets and airline vouchers must be used by the expiration date printed thereon. Trip components are subject to change without notice. Travel and lodging are subject to availability, certain restrictions, blackout dates and Sponsors’ approval. A deposit or payment in advance, or presentation of a credit card by the Grand Prize winner, may be required at the time of check-in at the hotel. Unless otherwise noted, any hotel cancellations or changes to hotel reservations after confirmation must be made with the hotel directly, and respective Grand Prize winner is solely responsible for any charges or fees arising from changes made directly with the hotel. All expenses and incidentals not specifically mentioned in these Official Rules are not included as part of any Grand Prize package and are solely the respective Grand Prize winner’s responsibility. Each Promotion winner is solely responsible for their and their guests’ use of their Prize. The Released Entities reserve the right, at their discretion, to remove or to deny entry of any Grand Prize winner or Grand Prize winner's guest who engages in a disorderly or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at any event while on trip. Further, if any such actions occur, Released Entities reserve the right to terminate the trip early for the Grand Prize winner and/or guest and send the Grand Prize winner and/or his or her travel companion(s) home with no further compensation. A Grand Prize will be forfeited if: (1) Grand Prize winner is not available to travel on the dates specified by the Released Entities; or (2) Proper travel documents (e.g. photo id, passport, etc.) are not obtained by a Grand Prize winner by the date specified by the Sponsors. Guest traveling with a Grand Prize winner must, at time of Grand Prize fulfillment, be at least 21 years of age (and must sign and return a travel release to Promotion Administrator prior to travel) unless they are the child of the Grand Prize winner, in which case the parent or legal guardian of such minor travel companion(s) must sign and return a release on their behalf. Each Grand Prize winner and each Grand Prize winner’s guest are solely responsible for obtaining any travel insurance (and all other forms of insurance) that they wish to obtain at their own expense and hereby acknowledge that Sponsors have not and will not obtain or provide travel insurance or any other form of insurance. Unless otherwise noted, if a Grand Prize winner lives within 100 miles of destination city, ground transportation will be provided in lieu of air transportation and lodging and no additional compensation will be provided. Each Grand Prize winner is bound by the terms and conditions of all airlines, hotels and other third-party service providers used in connection with a Grand Prize. Released Entities are not responsible if tickets, etc. are lost, stolen, or misplaced or if any booked transportation is missed for any reason by a Grand Prize winner or their guest and none will be replaced. Exact dates and locations are subject to change and are at the sole discretion of the Released Entities.
Each Grand Prize winner and his or her travel companion(s) must travel together on the same itinerary. Airline vouchers and tickets are non-refundable and non-transferable and are not valid for upgrades or frequent flyer miles. Grand Prize winners will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules. For the NASCAR® Grand Prize, if the Delta Air Lines Voucher total is less than the actual value of the winner’s and guest’s roundtrip airfare, the difference due will be at the sole responsibility of the winner.
Released Entities are not responsible for any cancellations, delays, diversions or substitutions or any act or omissions by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations. No refund or compensation will be made in the event of the cancellation or delay of any flight except at the sole discretion of the Sponsors.
If any part of a trip or any of the events associated with a trip are unable to take place as planned for reasons including, but not limited to, scheduling conflicts, cancellations, postponements, delays, an event of force majeure (any acts of God, natural catastrophes, public enemies, war, acts of terrorism, civil commotion, riot, strikes or labor difficulties, lockout, judicial or government order, or other requirement of law, or national emergencies or any other cause beyond the Sponsors’ reasonable control), or for any other reason whatsoever, then the remaining components of the Prize constitute full satisfaction of the Sponsors’ Prize obligation to the Grand Prize winners, and no other additional compensation will be awarded.
7) POTENTIAL WINNER NOTIFICATION AND CLEARANCE: Prior to being declared a winner, each potential Grand Prize winner (or parent/legal guardian if winner is a minor in his/her state of residence) will be required to complete, sign, and return the following documents (collectively, the “Documents”):  an affidavit of eligibility and liability release and, where legal, a publicity release;  a travel release (also be required for each guest); and,  an IRS Form W-9 to include his/her social security number that will be used only for the purpose of reporting the winner’s prize earnings to the Internal Revenue Service. Complete Documents must be returned to the Administrator by the date stated in the notification letter/email or a Grand Prize will be forfeited and awarded to an alternate potential winner. If a potential Grand Prize winner cannot be contacted after a reasonable attempt has been made by the Administrator (as determined in the Sponsors’ sole discretion), refuses the prize or the prize or prize notification is rejected or returned as undeliverable, then the potential Grand Prize winner will be disqualified and forfeits all rights to be deemed a winner. An alternate potential Grand Prize winner will be notified, time permitting. A maximum of 3 alternate Grand Prize winners will be selected in an attempt to award each Grand Prize after which, if a winner cannot be verified, the prize will be unawarded. Upon prize forfeiture, no compensation will be given.
8) GENERAL: All federal, state, and other tax liabilities arising from a Prize are the sole responsibility of each Prize winner. Neither Sponsors nor Administrator will enter into any correspondence, including, email, with non-winning entrants. The Official Rules prevail should there be any conflict or uncertainty relating to the Promotion based on information or advice provided by any of the Released Entities.
9) CONDUCT: By entering this Promotion, Entrants agree to be bound by these Official Rules and waive any rights to claim ambiguity in the Promotion or these Official Rules. These Official Rules are accessible at http://www.dq.com/happiestsweepsever/rules throughout the Promotion Period. Failure to comply with these Official Rules will result in disqualification. Sponsors reserve the right, to disqualify any individual: (a) suspected of tampering with the Entry process or the operation of the Promotion; (b) to be acting in any manner deemed by the Sponsors to be in violation of the Official Rules; (c) to be acting in any manner deemed by the Sponsors to constitute unsportsmanlike or disruptive behavior, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
10) LIMITATION OF LIABILITY: The Released Entities assume no responsibility or liability for: (a) any incorrect or inaccurate Entry information, or for any lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of Entries at any point in the operation of this Promotion; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Promotion; (d) inaccessibility or unavailability of the Internet; or (e) any injury or damage to an Entrant’s or to any other person's computer which may be related to or resulting from any attempt to participate in the Promotion, or to download any materials from the Promotion. If, for any reason, the Promotion is not able to run through completion for reasons which may include, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, then Sponsors reserve the right, in their sole discretion, to cancel, terminate, modify or suspend the Promotion in whole or in part, without further liability to the Entrants or third parties. In the event the Promotion is cancelled, Sponsors reserve the right to award the Prizes from among all eligible non-suspect Entries received prior to the time of the action or event warranting such cancellation. With regard to this Promotion, the Sponsors or Administrator will only contact the Entrants deemed as potential winners for purposes of clearance or awarding Prizes.
11) WINNER RELEASES: All Entrants, as a condition of Entry into the Promotion, agree to release Released Entities from and against any and all liability, loss, claims, demands or actions of any kind whatsoever for injuries, damages, costs, or losses to persons or property which may be sustained in connection with: (a) submitting an Entry or otherwise participating in any aspect of the Promotion; (b) the acceptance, receipt, ownership, use or misuse of any prize awarded; (c) any typographical or other error in these Official Rules or the announcement of the offering of the prize; or (d) any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action.
Except where prohibited, Entrants agree to be bound by these rules and consent to the use of their names, address, photographs, any statements made by Entrants, actual or simulated likenesses, and/or biographical information for public relations, advertising and promotional purposes in perpetuity, throughout the universe, by the Sponsors and their designees in any and all media, whether now known or hereafter devised, without notice or further compensation, unless prohibited by law.
13) DISPUTES: Entries will be deemed made by the authorized account holder of the e-mail address submitted at time of Entry. In the event of a dispute over who submitted a winning Entry, the authorized account holder of the e-mail address attached to that winning Entry will be declared the Eligibility winner. “Authorized Account Holder” is defined as the natural person assigned to a user name/e-mail address by an Internet access provider, on-line service provider, social networking site or other organization responsible for assigning user names/e- mail addresses for the domain associated with the user name/e-mail address in question. A potential Grand Prize winner may be asked to provide the Sponsors with satisfactory proof that he/she is the Authorized Account Holder of the e-mail address associated with a potentially winning Entry. Entries that are incomplete, illegible or corrupted are void and will not be accepted.
14) GOVERNING LAW: This Promotion is conducted in English, and Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prizes awarded shall be resolved individually, without resorting to any form of class action, and exclusively by the United States Court for Minnesota or the appropriate Minnesota State Court (with the proviso regarding the Universal Orlando Grand Prizes, detailed below*); and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Promotion, but in no event attorneys' fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsors in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules (whether of the State of Minnesota or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Minnesota.
*Claims for bodily injury, personal injury, or property damage arising out of the redemption, use, or misuse of the Universal Orlando Grand Prize or portion thereof must be submitted to the jurisdiction and venue of the federal and state courts of the State of Florida, and construed and enforced in accordance with the laws of the State of Florida.
15) WINNER’S LIST: To receive a copy of the Grand Prize winner’s list, available after July 1, 2019, send an email with subject line: DQ® The hAPPiest Sweeps EverTM to email@example.com. All such requests must be received by July 31, 2019.
16) SPONSORS AND ADMINISTRATOR: Promotion Sponsors: International Dairy Queen, Inc., 8000 Tower, Suite 700, 8331 Norman Center Drive, Bloomington MN 55437. American Dairy Queen Corporation, 8000 Tower, Suite 700, 8331 Norman Center Drive, Bloomington MN 55437. Grand Prize Sponsor: The Coca-Cola Company, One Coca-Cola Plaza, Atlanta, GA 30313. Administrator: Marden-Kane, Inc., 575 Underhill Blvd, Suite 222, Syosset, NY 11791.
Apple, Inc., Google LLC, Delta Air Lines, Inc., Hilton Worldwide Holdings Inc., National Association for Stock Car Auto Racing, Inc., Speedway Motorsports, Inc. and Universal City Development Partners, Ltd. d/b/a Universal Orlando Resort are neither participants nor sponsors of this promotion.
Facebook is a registered trademark of Facebook, Inc. Instagram is a registered trademark of Instagram. Twitter is a registered trademark of Twitter. You understand that you are providing your information to Sponsor, and not to Facebook, Instagram or Twitter. The information you provide will only be used for verification of your eligibility to participate in the promotion. Any questions, comments or complaints regarding the Sweepstakes are to be directed to Sponsor, at the address above, not Facebook, Instagram or Twitter.
Copyright 2019 Marden-Kane Inc. All rights reserved. Entrants are hereby authorized to copy these Official Rules on the condition that it will be for the Entrant’s personal use only.