FINAL

“Gold Cone” Contest

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN

OPEN TO RESIDENTS OF THE 50 U.S. STATES AND DISTRICT OF COLUMBIA, MUST BE 18 YEARS OF AGE OR OLDER TO ENTER

1. HOW TO ENTER: Beginning at 12:01 a.m. Eastern Daylight Savings Time (“EDT”) on June 30, 2010 through 11:59 p.m. EDT on August 24, 2010 ("Contest Period"), visit www.facebook.com/coldstonecreamery and click on the "Contest" tab, and then follow the instructions to enter. Your entry must include an original, passionate or creative comment of 50 words or less about one of the three featured flavors Key Lime, Harvest Peach, Blueberry. Click on the “enter contest” button to submit your entry. You should choose one flavor to comment on because there is a limit of only one entry per person or email address throughout the Contest Period. Use of any robotic, automatic, programmed or similar entry method or more than one entry per day will void all entries and result in disqualification. Incomplete, illegible or corrupted entries will be disqualified. Cold Stone Creamery, Inc. (“Sponsor”) is not responsible for lost, late, damaged, incomplete or misdirected entries.
2. Content. Each entry must be suitable for display and publication in all forms of media, including, without limitation, the Internet, print, radio, and network, cable or satellite television broadcast. Entries must be dignified, modest and in good taste, must not be obscene or indecent, and must not, without limitation: (i) contain any pornographic material; profanity; (ii) contain any offensive or defamatory statements; including, without limitation, words or symbols that might be considered offensive to individuals of any race, ethnicity, religion, sexual orientation or socioeconomic group; (iii) threaten any person, place, business, or group; (iv) invade privacy or other rights of any person, firm or entity, including, without limitation, any third party trademarks, copyrights or other intellectual property; (v) portray Sponsor or Sponsor’s brands or products in any way that might tend to subject any of them to public contempt, scandal, disrepute or ridicule. Sponsor reserves the right to make determinations of suitability in its sole and absolute discretion, and to disqualify any entries it determines to be inappropriate for any of the reasons listed above, or for any other reason.
3. WINNER SELECTION: All eligible entries will be judged by a panel of experts on or about September, 2010, under the supervision of an independent judging organization (“Judges”). The Judges’ decisions are final in all matters relating to the Contest. Entries will be judged on the following criteria: Originality and creativity of the comment (75%), and concise writing ability (25%). In the event of a tie, tied entries will be re-judged on the basis of originality and creativity.
4. PRIZES/APPROXIMATE RETAIL VALUE (ARV): Three (3) Grand Prizes (one per featured flavor): A trip for the winner to Scottsdale, AZ to visit the Cold Stone Creamery headquarters and an opportunity to create a flavor to be featured in 2011. Each winner will be asked to create up to three flavors prior to the trip. The Judges will select one flavor from among all winners to be featured in select stores for a limited time in 2011. Further details will be provided to winners prior to arrival. Trip includes round trip coach airfare from a major airport closest to the winner’s residence, 2 nights hotel accommodations, transportation to/from airport, meals, and entertainment selected by Sponsor. ARV: $1,825.00. Trip dates at Sponsor’s discretion, but is expected to occur in November, 2010. There is no cash value attributed to having winner’s flavor featured in 2011. Actual value of trip prize will depend on airfare fluctuations, point of departure and destination city. Any difference between stated value and actual value will not be awarded. Winner must be available to travel on Sponsor designated dates in November, 2010 or prize will automatically be forfeited. All travel arrangements and accommodations at Sponsor’s discretion. Three (3) Second Prizes (one per featured flavor): Ice cream party for fifty friends and family at a Cold Stone Creamery location closest to the winner’s residence. Prize includes ice cream for attendees, beverages and use of store for two hours. ARV: $450.00. Sponsor reserves the right to substitute a prize of equal or greater value. Total prize value: $6,825.00.
5. GENERAL RULES: Contest entry open only to residents of the 50 United States and the District of Columbia who are 18 years of age or older as of June 30, 2010, except for employees and contractors of Sponsor, Cold Stone Creamery franchisees and their employees and contractors and Judges, and each of their respective, officers, directors, members, managers, affiliates, subsidiaries and agents, and members of their immediate family or persons living in the same household (collectively, “Promotion Parties”). Void where prohibited. Subject to all applicable federal, state, and local laws. No transfer, assignment, cash redemption or substitution of the prize by entrants is permitted. Potential winner will be notified by telephone, email and/or mail and must sign and return to Sponsor any required Affidavit and Release within seven (7) days of attempted delivery or prize will be forfeited. If any prize/prize notification is returned as undeliverable, or in the event of non-compliance with any other requirements, the prize will be forfeited in its entirety and awarded to an alternate. By participating, entrants agree to abide by and be bound by these Official Rules and the decisions of the Judges. By participating, entrants hold the Promotion Parties, Facebook, Inc. and each of their affiliates, directors, officers, members, managers, partners, employees, contractors, representatives, insurers, agents, successors and assigns harmless from and against any and all claims, damages, actions, judgments, costs, obligations, taxes, liens and other liability to property or to person, including death, including, without limitation, attorneys’ fees, expert witness fees and expenses, arising, in whole or in part, directly or indirectly, out of the acceptance, possession, use or misuse of the prize, participation in this Contest and/or any promotion or materials related thereto. In the event of a dispute as to identity of an online entrant, entries will be deemed made by the name appearing on the entry. Promotion Parties are not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, undeliverable email, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, telephone, telephone line or other telephone related problems or errors, whether caused by the sender or by any of the equipment or programming associated with or utilized in this Contest, or by any human error which may occur in the processing of the entries in this Contest. If, in the Judges' opinion, there is any suspected or actual evidence of tampering with any portion of the Contest, or if technical difficulties compromise the integrity of the Contest, the Judges reserve the right to terminate the Contest and determine a winner using all eligible entries received as of the date of termination or to modify the Contest in a manner deemed appropriate by the Judges. Neither Sponsor nor its agent is responsible for any printing or technical error which may occur in processing, printing or distribution of prizes or the prize giveaway, if the giveaway and/or Contest cannot take place or if prizes cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
6. RIGHTS IN SUBMISSIONS: In consideration of entrant’s submission being reviewed and evaluated for this Contest, each entrant hereby grants to the Sponsor a non-exclusive, irrevocable, fully paid, universal license to use, copy, edit, sublicense, transfer, transmit, distribute, publicly perform, publish, delete or display such submission, or any portion thereof, in any media now known or hereafter devised including, without limitation, all forms of television and all forms of Internet and wireless protocol without any further right of approval. Each entrant authorizes the Sponsor and any entities affiliated or in privity with the Sponsor, to utilize in perpetuity, and in any manner they see fit, the submission submitted to Sponsor, and to make derivative works from such material. Each entrant agrees that the results and proceeds of such use shall become the sole property of Sponsor and/or Sponsor’s licensees, and shall be freely assignable by Sponsor and that the Promotion Parties and their assignees and licensees shall have no obligations or liabilities whatsoever to entrant. Each entrant releases the Promotion Parties and each of their assignees and licensees, from any and all claims or liability. whether now known or hereafter arising, including, without limitation, any claims for defense and/or indemnity, in connection therewith. Each entrant also grants permission for the Promotion Parties to use entrant’s name, image, likeness, voice, entry and other information provided by entrant, for the purpose of advertising, trade, or promotion, without further notice, permission, compensation or consideration, in any and all media, unless prohibited by law.
7. TAXES AND EXPENSES: Each winner is solely responsible for any local, state and federal taxes in connection with any prize received. Any additional expenses incident to any prize are the responsibility of each winner.
8. WINNERS’ LIST: For the name of the winners, available after September 15, 2010, send a self-addressed, stamped envelope to Gold Cone Contest, c/o Cold Stone Creamery, Inc., 9311 E. Via de Ventura, Scottsdale, Arizona 85258, to be received by August 30, 2010.
9. PRIVACY POLICY: Any personal information supplied by you to Sponsor or its agent in connection with the Gold Cone Contest will be subject to the privacy statement, posted at www.coldstonecreamery.com/privacy_policy.html. SPONSOR: Cold Stone Creamery, Inc., 9311 E. Via de Ventura, Scottsdale, Arizona 85258. PROMOTION ADMINISTRATOR: Tempo Creative, Inc., 15955 N Dial Blvd Ste 1B., Scottsdale, AZ 85260 This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. As such, please direct any questions, comments or complaints regarding the promotion to the Promotion Administrator.