- NO PURCHASE NECESSARY. To enter, complete an official entry form online at www.drumstick.com, or mail an official entry form (available online at www.drumstick.com) along with your 150-300 word story and mail it to: NESTLÉ® DRUMSTICK® Brand Heroes Contest, c/o Zenzi, 646 Valley Avenue, Suite C, Solana Beach, CA 92075. Entry forms are also available by emailing heroes@zenzi.com. All entries must be received between 12:01 a.m. ET on 5/14/2010 and 11:59 p.m. ET 9/15/2010 when the Contest ends. Dreyer’s Grand Ice Cream, Inc. (Sponsor) is not responsible for lost, stolen, illegible, misdirected, postage due or late mail submissions.
- Independent judges will select the winners from all eligible entries received. Entries will be judged on 20% creativity, 20% style and 60% what the child has done that is special. Winners will be notified by phone and/or mail on or about 6/15/10. 7/15/10, 8/15/10, and 9/15/10.
- Prizes: 50 prizes each consisting of gift certificates for 50 NESTLÉ® DRUMSTICK® Sundae Cones and NESTLÉ® DRUMSTICK® LIL’ DRUMS™) frozen dairy dessert sundae cones to the winning child’s household (5 boxes of 10 cones each) (Estimated value $60), and a variety of party supplies including, but not limited to games, sporting equipment, napkins and other summer-themed party items (estimated value: $250). Prizes are non transferable. Federal, state and local taxes are the sole responsibility of the winner. Limit one prize per person or address. Sponsor reserves the right to substitute prize of equal or greater value.
- By entering the Contest, entrants accept and agree to these rules and the decision of the judges, which shall be final. Winners will be required to sign a Winner’s Agreement and Release and return it by date specified in notification letter or prize will be forfeited in its entirety and another winner may be selected. By submitting an entry, you acknowledge and agree that your entry is your original work and understand that it becomes the sole and exclusive property of Sponsor and acceptance of a prize constitutes permission to Sponsor and each of its agencies to use the winning Nestlé Drumstick brand Heroes names and likenesses for purposes of advertising, promotion and trade without further compensation unless prohibited by law. By submitting an entry, a winner agrees to allow use of his or her name and/or photograph for advertising this or similar promotions (including posting of first name last initial on the web) without compensation unless prohibited. All entries and all rights of ownership and publication of same will become the property of Sponsor and will not be returned.
- Contest open to legal residents of the United States and Washington D.C. over 18 years of age. Adults age 18 and over may nominate children 6 years to 17 years of age, except employees and the families of Sponsor, their affiliates, subsidiaries, promotions and advertising agencies. Sponsor, their affiliated companies, representatives, agents or employees are not responsible for, and shall be indemnified by the prize winner against any claims, injuries, losses or damages of any kind resulting from acceptance, use, misuse, possession, or loss of the prize. Void where prohibited or restricted by law. Subject to all federal, state and local laws.
- Sponsor assumes no responsibility for computer system, phone line, hardware, software or program malfunctions or other errors, failures of any kinds, delayed computer transmissions or network connections that are human or technical in nature. Sponsor reserves the right in its sole discretion to cancel or suspend this contest, in its entirety or in part should virus, bug, tampering, unauthorized intervention, fraud, technical failures, or other causes beyond Sponsor’s control corrupt the administration, security, fairness, integrity or proper play of the contest. Sponsor is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the contest by a technical or human errors that may occur in the processing of the entries in the contest. Sponsor reserves the right to withdraw the transmission of this contest at any time and award the Prize from among eligible entries received prior to the date of the withdrawal. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the game or web-site or to be acting in violation of the Rules.
DMCA Copyright Information - Sponsor expressly disclaims any and all liability in connection with Submissions. Sponsor does not permit copyright infringing activities and infringement of intellectual property rights on the Web Site, and Sponsor will remove all submissions if properly notified that such submission infringes on another's intellectual property rights. Sponsor reserves the right to remove submissions without prior notice. Sponsor will also terminate an entrant’s access to the Web Site if entrant is determined to be, in the sole discretion of Sponsor, a repeat infringer.
Infringement Notification Procedure: If you are a copyright owner or an agent thereof and believe that any submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Sponsor’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Sponsor's designated Copyright Agent to receive notifications of claimed infringement is: Rosanna M. Neagle, Esq., at 5929 College Avenue, Oakland, California 94618. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to 1-800-441-2525. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Counter-Notice: If an Entrant has his/her submission removed under the above take-down procedure, and believes that the submission is not infringing, the entrant may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Sponsor may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 (ten) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Sponsor's sole discretion.
- For a copy of the winners list, print your name and address on a 3” x 5” card, and mail it in an envelope to: NESTLÉ DRUMSTICK Brand Heroes Contest C/o Zenzi, 646 Valley Ave, Suite C, Carlsbad, CA 92009. Requests must be received by 8/15/09. Sponsored by Dreyer’s Grand Ice Cream, Inc. 5929 College Avenue, Oakland, CA 94618.
- All Creations, and all information collected from entrants is subject to Sponsor’s privacy policy, a copy of which can be found at www.drumstick.com
- Sponsored by Dreyer’s Grand Ice Cream, Inc. 5929 College Avenue, Oakland, CA. 94618.
All trademarks are owned by Société des Produits Nestlé S.A., Vevey, Switzerland.