NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. GRAND PRIZE WINNER IS REQUIRED TO EXECUTE AN AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY AGREEMENT. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, THE PARENT OR AFFILIATED COMPANIES OF THE SOCIAL MEDIA WEBSITES FACEBOOK®, TWITTER® OR INSTAGRAM®. VOID WHERE PROHIBITED. These Official Sweepstakes Rules may be viewed online at: https://www.coldstonecreamery.com/aquaman.
1. Eligibility. The Sweepstakes is only open to legal residents of the fifty (50) United States and the District of Columbia (“Territory”), who have reached 21 years of age or older as of the date of entry. The Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law. Employees of, members of the immediate family of, or those domiciled with an employee (whether related or not) of Sponsor (as defined in Section 10), Warner Bros. Entertainment Inc. (“Warner Bros.”) or each of their respective parents, affiliated or related companies, and subsidiaries, as well as Cold Stone Creamery® licensees and franchisees are ineligible to participate in the Sweepstakes. An eligible individual, who enters the Sweepstakes, is hereafter referred to as an “Entrant” or "you". Each Entrant unconditionally accepts and agrees to comply with and abide by these Official Sweepstakes Rules and to the decisions of the Sponsor, which are final and binding in all respect.
2. How to Enter the Sweepstakes: During the Sweepstakes Period (as defined in Section 3), you may enter the Sweepstakes through the website URL at https://www.coldstonecreamery.com/aquaman ("Website") and complete all required registration information (each, an "Entry" and collectively referred to herein as "Entries"). All Entries must be complete and accurate to be eligible. All Entries submitted become the property of the Sponsor.
Entry Limit: there is a limit of one (1) Entry per person throughout the Sweepstakes Period. An Entrant, who enters more than once, employs any spamming techniques, uses multiple email addresses, or otherwise attempts to enter multiple times in violation of these Official Sweepstakes Rules shall be disqualified from the Sweepstakes. No Entrants may share an email address, Facebook®,, Instagram®, Twitter®, account or username.
3. Sweepstakes Period: The Sweepstakes Period begins at 12:00 A.M. Scottsdale, Arizona time on Wednesday, November 28, 2018 and ends at 11:59 P.M. Scottsdale, Arizona time on Thursday, December 20, 2018 (“Sweepstakes Period”). The computer clock of the Sponsor (as defined in Section 10) is the official time-keeping device for the Sweepstakes Period.
4. Prize, Approximate Retail Value (“ARV”) and Odds. All details and other restrictions of the Grand Prize (as defined herein) not set forth in these Official Sweepstakes Rules will be determined by Sponsor in its sole discretion. One (1) Grand Prize will be awarded in this Sweepstakes.
A Grand Prize. One (1) Entrant will be awarded the Grand Prize ("Winner"), which shall include:
The ARV of the Grand Prize is Four Thousand Nine Hundred Ninety Five and 00/100 Dollars ($4,995.00). Any difference between the approximate retail value and the actual retail value will not be awarded and any difference will not be refunded. The Winner will receive a direct message to his or her email address or telephone call from Sponsor indicating he or she is a potential Winner on or about Friday, December 21, 2018. Should the Winner decline or fail to claim the Grand Prize, or be unreachable, Sponsor reserves the right to select an alternate winner(s). The minimum height requirement for the submarine tour is ninety two (92) centimeters and each person is required to independently navigate a nearly vertical seven (7) step ladder into and out of the submarine. If Winner elects not to use part of the Grand Prize, then that portion is deemed to have been forfeited by Winner and there will be no compensation or any further liability of Sponsor with regards to forfeited portion. There is no substitution, assignment, or cash equivalent for the Grand Prize. There is no currency, credit, or transfer of the Grand Prize by the Winner allowed. All elements of the Grand Prize are subject to availability. If any portion of the Grand Prize is unavailable, then Sponsor, in its sole discretion, may substitute experiences and items of a similar nature and value.
Grand Prize Rules: No insurance is provided as part of the Grand Prize, and obtaining any insurance, such as, but not limited to travel insurance, health, accident, or medical insurance, and property loss or damage insurance is the sole responsibility of the Winner and his/her guest. Travel and other arrangements will be determined by Sponsor. Airfare will be round trip (originate from and end at the same airport), coach class from and to an airport selected by Sponsor. Reservations must be made and tickets issued prior to travel. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Changes to reservations are not permitted. Winner and his/her guest must travel together on the same itinerary and are solely responsible for having any required travel-related documents (i.e. valid government-issued photo ID, etc.) prior to departure in order to travel as well as fulfilling any/all travel and security requirements. Winner and his/her guest must travel from a major airport close to the Winner's residence, as determined by Sponsor, in its sole discretion. Winner is responsible for any transportation not specifically noted in these rules. All federal, state and local taxes and any other costs and expenses associated with prize acceptance and use not listed herein as part of the prize including, without limitation, ground transportation, gas, luggage fees, souvenirs, miscellaneous hotel expenses, meals, incidentals, airline fees, security fees, entertainment, taxes, and gratuities are the sole responsibility of Winner and guest. Winner must contact Sponsor with three (3) preferred travel dates no later than six (6) weeks prior to the first preferred travel date. Travel dates must include a Saturday night stay and Winner or guest must have a credit or debit card to guarantee hotel room at check in. In the event the Grand Prize Winner or guest engages in behavior that (as determined by Sponsor in Sponsor's sole discretion) is inappropriate or threatening, illegal, or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip early, in whole or in part, and send the Grand Prize Winner and guest home with no further compensation to winner. Winner must book trip and travel by December 20, 2019. Travel is subject to availability and certain blackout dates may apply including but not limited to Christmas, New Year's or any U.S. public holiday. If Winner and guest cannot comply with these restrictions or any other portion of these Official Sweepstakes Rules, the Grand Prize will be forfeited in its entirety and an alternate winner may be chosen.
Odds: the odds of winning the Grand Prize depend on the total number of eligible entries received during the Sweepstakes Period.
Tax Information: All income taxes (including, without limitation, federal, state and/or local income taxes) and any other costs and expenses associated with Grand Prize acceptance and use not specified herein as being provided, are the sole responsibility of the applicable Winner. A 1099 tax form (preceded by a W-9 Form) will be issued to the Winner of the Grand Prize.
5. Winner Selections. On or about Friday, December 21, 2018, one (1) Grand Prize Winner will be selected in a random drawing from among all eligible Entries received during the Sweepstakes Period. Winner must claim his/her Grand Prize as set out below in Section 6.
6. Notification and Claiming Prize. The potential Grand Prize Winner will be contacted on or about Friday, December 21, 2018 by phone or email and will be required to execute and return via mail or email Sponsor’s affidavit of eligibility/release of liability/publicity release form and any other documentation reasonably requested within five (5) days of notification attempt or Grand Prize will be forfeited and an alternate potential Grand Prize Winner will be selected. Return of prize notification as undeliverable may result in disqualification and alternate selection. The Grand Prize Winner's guest (or Winner, as parent/legal guardian, if guest is a minor and winner's child) must execute a release of liability/publicity form prior to departure. Winner's guest must be of legal age of majority in his/her jurisdiction of residence, unless a child or legal ward of Winner. The Grand Prize Winner will be required to complete and return an IRS form W-9. Sponsor will work with the Grand Prize Winner and guest to ensure the above required documents are completed and returned timely.
If Grand Prize Winner does not comply with these Official Sweepstakes Rules, meet eligibility requirements, does not claim the Grand Prize within the required timeframe of Sponsor's notification or does not timely comply with all of Sponsor’s instructions to claim the Grand Prize, then Sponsor has the option to select an alternate winner.
7. General conditions. By entering the Sweepstakes, Entrants agree to abide by these Official Sweepstakes Rules, to be contacted by Sponsor by phone and/or email and to be bound by the decisions of Sponsor, which are final. Entries will be declared to be made by the authorized account holder of the e-mail address submitted at the time of Entry. The authorized account holder of an e-mail address is defined as the natural person who is assigned to an e-mail address by an 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. If for any reason the Sweepstakes is not capable of running as planned by reason of infection by virus, bugs, worms, malware, spyware, hacking, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of the Sponsor, may corrupt or affect the administration, operation, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and select the winner from the Entries received prior to the action taken, or by other means deemed fair and appropriate by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify an Entrant if Sponsor: (a) learns or suspects that Entrant has misappropriated another’s identity, or infringed upon the rights of any person or entity; (b) finds that Entrant has tampered, is tampering or plans to tamper with the entry process or the operation of the Sweepstakes; or (c) believes that Entrant has violated these Official Sweepstakes Rules or is acting in an unprofessional or disruptive manner. Any attempt by any person to undermine the legitimate operation of this Sweepstakes may be in 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 Sweepstakes Rules shall not constitute a waiver of that provision.
By entering this Sweepstakes, each Entrant hereby grants to Sponsor, its affiliates, and its licensees the right and license to use Entrant’s Entry, name, image, likeness, voice, photograph, Facebook®, Instagram® or Twitter® handle, statements, biographical information, content and Grand Prize status, in whole or in part, for promotional, advertising and/or publicity purposes in any media, now known or later developed and available, throughout the world and in perpetuity, without compensation or notice to, or further consent of, the Entrant, to the extent permitted by law.
If any provision of these Official Sweepstakes Rules is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Official Sweepstakes Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Sweepstakes Rules solely for convenience or reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Sweepstakes rules or any provision thereof.
8. Release and limitations of liability. Except where prohibited, by participating in the Sweepstakes, each Entrant forever and irrevocably agrees to release, indemnify, defend and hold harmless Sponsor, and related companies, promotional partners, prize partners, Warner Bros., Facebook, Twitter, Instagram and each of their respective parent, subsidiaries, affiliates, successors, predecessors, and their respective agents and agencies, and their respective officers, directors, shareholders, employees and agents (collectively, “Released Parties”) from and against any claim, cause of action, loss, fine, award, judgment, demand, lawsuit, obligation, interest, tax, penalty or other damage, including, without limitation, attorneys’ fees, expert fees and costs, arising out of or in connection with Entrant’s participation in the Sweepstakes, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of Entries; or (e) 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 and/or receipt and/or acceptance of the Grand Prize.
9. Disputes. By entering this Sweepstakes, you agree: (a) to be bound by these Official Sweepstakes Rules and by all applicable laws and decisions of Sponsor, which shall be binding and final; (b) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or Grand Prize shall be resolved individually, without resort to any form of class action, and exclusively by the state or federal courts located in Maricopa County, Arizona; (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, excluding Entrant’s attorneys' fees, expert fees and costs; and (d) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, special and consequential damages and any other damages other than 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 ENTRANT. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Sweepstakes Rules and the rights and obligations of Entrants and Sponsor in connection with the Sweepstakes shall be governed by and enforced in accordance with the laws of the State of Arizona, without giving effect to any conflict of laws rules (whether of the State of Arizona or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Arizona. These Official Sweepstakes Rules shall be binding upon and inure to the benefit of Sponsor’s and each Entrant’s respective successors, assigns, estates, executors and heirs.
10. Sponsor: Kahala Management, L.L.C., 9311 E. Via de Ventura, Scottsdale, AZ 85258.
11. Winner List Request: After December 31, 2018, for a Winners list, send a self-addressed stamped envelope (void where prohibited) for receipt, no later than February 28, 2019 to: Cold Stone Creamery® Aquaman Sweepstakes Winners List Request, c/o Kahala Management, 9311 E Via De Ventura, Scottsdale, Arizona 85258. Winners List will contain first name, last initial and state of winner.
Warner Bros. Entertainment Inc., its parent, affiliates and subsidiaries are not responsible for the promotion, administration or execution of this Sweepstakes.
// End of Official Sweepstakes Rules //
©2018 Kahala Management, L.L.C. Cold Stone Creamery® is a registered trademark of Kahala Franchising, L.L.C. All other trademarks referenced in these Official Sweepstakes Rules are the property of their respective owners.
AQUAMAN and all related characters and elements © & ™ DC Comics and Warner Bros. Entertainment Inc.