Top The Tater Holiday Sweepstakes
December 8, 2020 | Promotions
NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF WINNING.
The Top the Tater Holiday Sweepstakes (the “Sweepstakes”) is intended for legal United States residents of the fifty (50) United States and District of Columbia only and shall only be construed and evaluated according to U.S. law. Do not enter this Sweepstakes if you are not located in the U.S. at the time of entry.
SPONSOR:The Sweepstakes is sponsored by Kemps, LLC., a division of Dairy Farmers of America, 1270 Energy Ln, Saint Paul, MN 55108 (the “Sponsor”).
ELIGIBILITY:The Sweepstakes is open and offered only to legal U.S. residents, and who have reached the age of majority in his/her state of residence at the time of entry (the “Entrants”). Employees, officers and representatives of the Sponsor, HyVee, Inc. and any of their respective parent companies, affiliates, franchisees, licensees, distributors, suppliers, subsidiaries, retailers, advertising/promotion agencies and members of the immediate family (mother, father, brothers, sisters, sons, daughters and spouse, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible to participate. Void where prohibited or restricted by law.
AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning a Prize (as described below) is contingent upon fulfilling all requirements set forth herein.
TIMING: The Sweepstakes begins at 12:00:01 a.m. Central Time (“CT”) on December 7, 2020 and ends at 11:59:59 p.m. CT on December 18, 2020 (“Sweepstakes Period”).
PRIZES AND APPROXIMATE RETAIL VALUES: Each Prize available throughout the Program Period will range in approximate retail value from $1.00 to $10,000. All federal, state, and local tax liabilities are the sole responsibility of the Prize Winner. The Prize Winner may be required to complete and return an Affidavit of Eligibility and Publicity/Liability release form and an IRS W-9 form (i.e., Request for Taxpayer Identification Number and Certification). Any prize not accepted by the prize winner within seven (7) days of notification will be deemed refused. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion.
HOW TO ENTER: Eligible Entrants can enter the Sweepstakes through Facebook described below. Entrant must be a member of Facebook to enter, visit https://www.facebook.com/TopTheTater (the "Facebook Page"). An Entrant can obtain one (1) Sweepstakes entry by clicking on the "like" icon on the Facebook Page during the Sweepstakes Period. Limit one (1) entry per Entrant. All entries must be received by 11:59:59 p.m. CT on the last day of each Entry Period in question in order to be eligible for that Entry Period’s drawing. Anyone found to be using multiple Facebook accounts or email addresses will be disqualified. Proof of entry information at the Website is not considered proof of delivery to or receipt by Sponsor of an entry. Entries made by any other individual or any entity, and/or originating at any other website or email address, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited and no mechanically reproduced entries are allowed; all such entries are void. Released Parties (as defined below) are not responsible for late, incomplete, delayed, undelivered, or misdirected entries.
PRIZE The selected winner will receive a coupon for $30.50 to be used at the Top the Tater merchandise store located at https://topthetater.com/merch/. The cost of merchandise in excess of the prize amount is the responsibility of the winner however no purchase of merchandise is required. The prize amount is not redeemable for cash and will not expire.
PRIZE CONDITIONS: By accepting a Prize, the Winner agrees to release and hold harmless the Released Parties, each of their related companies, and each of their respective officers, directors, employees, shareholders, and agents from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize. The winner will be responsible for all local, state, and federal taxes associated with the receipt of the Prize.
By accepting a Prize, where permitted by law, the Winner grants to Sponsor the right to print, publish, broadcast and use worldwide a Winner's name for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for claims based on defamation or invasion of privacy that may arise from participating in this Sweepstakes.
DRAWING AND NOTIFICATION: The potential Prize Winner will be selected in a random drawing conducted by the Sponsor on or about December 21, 2020. Odds of winning a Prize will depend on the total number of eligible entries received at the time of each Prize drawing. The potential winner will be contacted by the Sponsor via Facebook message.
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus, bugs; (ii) tampering, unauthorized intervention; (iii) fraud; (iv) technical failures; or (v) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the applicable Prizes using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of the Winner based on an email address, the winning entry will be declared by the authorized account holder of the email address/Facebook account associated with the registration in question. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Sponsor, Facebook, Inc., HyVee, Inc., their respective parents, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize, including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing errors; (iv) errors in the administration of the Sweepstakes or the processing of entries; or (v) injury, death, 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 of any Prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Entrant agrees that 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. IN NO EVENT SHALL SPONSOR OR THE RELEASED PARTIES BE LIABLE TO ANY ENTRANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO ANY INDIVIDUAL ENTRANT IN THIS SWEEPSTAKES.
DISPUTES: By entering the Sweepstakes, Entrants agree that 1) Any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any Prizes awarded, shall be resolved individually, without resort to any form of class action; 2) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorney fees; and 3) Under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with United States law. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts of Missouri, and the parties consent to exclusive jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
USE OF DATA All information submitted by Entrants will be treated according to Sponsor’s privacy policy, available at https://www.dfamilk.com/privacy-policy. By participating in the Sweepstakes and providing any personal contact information, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.
WINNTERS LIST REQUEST: To request confirmation of the name, city, and state of residence of each Prize Winner, please send a self-addressed, stamped business-size envelope, by February 18, 2021 to: Kemps, LLC., Top the Tater Holiday Sweepstakes Winners List Request, 1270 Energy Ln, Saint Paul, Minnesota 55108.
This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Facebook, Inc. You understand that you are providing your information to the Sponsor, and not to Facebook, Inc.