Cold Stone Creamery – Game System – Win $50 Cold Stone Creamery Gift Card ARV $50 and one Nintendo Switch Prize Pack that includes one Nintendo Switch system and (twelve download codes for digital Nintendo Switch games ARV $1020.
2020 Cold Stone Creamery® Game System Sweepstakes (“Sweepstakes”)
Official Sweepstakes Rules (“Official Sweepstakes Rules”)
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT
INCREASE YOUR CHANCES OF WINNING. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY AGREEMENT MAY BE
REQUIRED. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED
WITH, OR WITH THE PARENT OR AFFILIATED COMPANIES OF THE SOCIAL MEDIA WEBSITE(S) FACEBOOK®, TWITTER®,
OR INSTAGRAM®. VOID WHERE PROHIBITED. These Official Sweepstakes Rules may be viewed online at:
1. Eligibility. The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia,
who are 18 years of age or older at the beginning of the Sweepstakes Period (as defined in Section 3), who have access to the
Internet, and who have or open an Internet e-mail account. 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), Nintendo of America Inc. (“Nintendo”) or each of their respective parent(s), affiliates, subsidiaries, and Cold
Stone Creamery licensees, franchisees and their employees are ineligible to participate or win.
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 respects; and may be required to verify that they meet eligibility requirements as outlined herein.
Facebook, Twitter, and Instagram are not participants or sponsors, nor does Facebook, Twitter or Instagram endorse, administer or
promote this Sweepstakes. You are providing your information to Sponsor and not to Facebook, Twitter or Instagram. If you
participate via your mobile phone, such activity will be subject to the charges pursuant to your wireless service provider’s rate plan.
Please consult your wireless service provider for more information.
2. How to Enter the Sweepstakes. During the Sweepstakes Period, you may enter the Sweepstakes through the website
URL at https://coldstonecreamery.com/nintendo (“Website”) by completing and submitting all required registration information,
which includes joining Cold Stone Creamery Cold Stone Club Rewards program (each, an “Entry” and collectively referred to herein
as “Entries”). You will also be given the option of joining the Nintendo Rewards program. All Entries must be complete and accurate
to be eligible. All Entries submitted become the property of the Sponsor.
Entries that are incomplete, defamatory, disparaging, hateful, offensive, illegible, false, deceptive, garbled, or portraying or
advocating alcohol, illegal drugs, tobacco, firearms or weapons; or Entries that include any activities that may appear unsafe or
dangerous, or that advocate any political agenda are not eligible, with such eligibility to be determined by Sponsor in its sole
Entry Limit: One (1) Entry per Entrant throughout the Sweepstakes Period. Entrants are not permitted to use another
person’s identity. Any Entrant, who uses multiple names or otherwise attempts to enter multiple times in violation of these
Official Sweepstakes Rules, shall be disqualified from the Sweepstakes. If it is discovered by Sponsor (using any evidence or
other information made available to or otherwise discovered by Sponsor) that any Entrant has attempted, or has used any
other identities or system(s) or program(s) to participate in or disrupt the Sweepstakes, then he or she shall be disqualified from
the Sweepstakes in the sole and absolute discretion of Sponsor. Failure to comply with these Official Sweepstakes Rules and
the decisions made by Sponsor may result in an Entrant being disqualified from the Sweepstakes.
Privacy: the personal information you provide at the time of Entry in the Sweepstakes will be subject to the law of the United
https://www.nintendo.com/privacy-policy. By entering this Sweepstakes and providing personal information you agree to the
use of your personal information as described in the above privacy policies.
3. Sweepstakes Period. The Sweepstakes begins on Wednesday, September 30, 2020 at 12:00 A.M. Scottsdale, Arizona
time and ends Tuesday, December 15, 2020 at 11:59 PM Scottsdale, Arizona time (“Sweepstakes Period”). Sponsor’s computer is
the official timekeeper for the Sweepstakes Period.
4. Prizes, Approximate Retail Value (“ARV”) and Odds. All details and other restrictions of the prizes not set forth in
these Official Sweepstakes Rules will be determined by Sponsor in its sole discretion. Five (5) Grand Prizes (defined herein) and
one hundred (100) “First Prizes” will be awarded in this Sweepstakes.
Grand Prize: Five (5) Entrants, chosen at random, will be awarded a grand prize (each a “Grand Prize Winner” and
collectively the “Grand Prize Winners”), which shall include:
one (1)$50 Cold Stone Creamery Gift Card (with an ARV of Fifty Dollars ($50); and
one (1) Nintendo Switch Prize Pack that includes one (1) Nintendo Switch system and (twelve (12) download
codes for digital Nintendo Switch games (as determined by Sponsor) (with an ARV of One Thousand and
Twenty Dollars ($1,020).
(each a “Grand Prize” and collectively the “Grand Prizes”). The ARV for each Grand Prize is a total of One Thousand
Seventy Dollars ($1,070). The ARV for all Grand Prizes is Five Thousand Three Hundred and Fifty Dollars ($5,350).
First Prizes: One hundred (100) Entrants, chosen at random, will each be awarded a first prize (each a “First Prize Winner”
and collectively “First Prize Winners”) package which shall consist of: (i) one (1) Nintendo SwitchPrize Pack that includes one
(1) Nintendo Switch system and five (5) download codes for digital Nintendo Switch games (as determined by Sponsor) (with
an ARV of Six Hundred Dollars ($600); and (ii) one (1) $25 Cold Stone Creamery Gift Card (with an ARV of Twenty-Five
Dollars ($25), for total package ARV of Six Hundred Twenty-Five Dollars ($625) each. The ARV for all one hundred First
Prizes is Sixty-Two Thousand Five Hundred Dollars ($62,500).
Total ARV: The total ARV of the five Grand Prizes and the one hundred Frist Prizes is Sixty-Seven Thousand Eight Hundred
Fifty Dollars ($67,850). Any difference between the approximate retail value and the actual retail value will not be awarded and
any difference will not be refunded.
Hereinafter the Grand Prizes and First Prizes together shall be each a “Prize” and collectively, “Prizes.”
Odds: the odds of winning the Prize will vary depending on the number of valid, correct Entries received during the
Tax Information: All income taxes (including, without limitation, federal, state and/or local income taxes) and any other costs
and expenses associated with a Prize acceptance and use not specified herein as being provided, is the sole responsibility of
the applicable Winner.
No substitution, assignment, exchange of cash, currency, credit, or transfer of a Prize by a Winner is allowed. Sponsor reserves the
right to substitute a Prize for one of equal or greater value. A Winner is solely responsible for any local, state, federal and other
taxes and charges in connection with the receipt and/or use of a Prize. Any additional expenses incident to the receipt and/or use of
a Prize is sole responsibility of the individual Winner. Should a potential Winner decline or fail to claim a Prize, or be unreachable,
Sponsor reserves the right to either select an alternate Winner until the Prize is claimed or forfeit the Prize with no replacement
winner being selected.
5. Winner Selection. On or about Friday, December 18, 2020 (“Winners Selection Date”), potential Winners will be
selected in a random drawing from among all eligible entries received during the entire Sweepstakes Period. Each Prize Winner
must claim his/her Prize as set out below in Section 6. Sponsor’s decisions in all matters relating to the Sweepstakes are final.
6. Notification and Claiming Prize. Entrant consents to being contacted by Sponsor for Sweepstakes-related purposes,
which include, but are not limited to, Prize eligibility notifications and Prize claim notifications. Sponsor will notify the Winners on or
about Friday, December 18, 2020 by email (“Notification Email”). The potential prize winner must respond by email within five (5)
days from when the Notification Email is sent. The Prize claim document (“Prize Claim Document”) will then be sent to the potential
prize winner via the Notification Email. The Prize Claim Document will include affidavits of eligibility/release of liability/prize
acceptance and any other documentation reasonably requested by Sponsor, all of which a potential prize winner must complete and
return within five (5) days from when the Prize Claim Document is sent to the potential prize winner. If prize winner does not
return the Prize Claim Document within the five (5) day timeframe noted herein, then the Prize or Prizes may be forfeited
without a replacement winner or winners being chosen. Subject to change, Prizes will be shipped to Prize Winners within two
(2) weeks of the end of the Sweepstakes Period.
If a potential Prize Winner does not comply with these Official Sweepstakes Rules, meet eligibility requirements, does not claim
his/her Prize within five (5) days from the time the Notification Email is sent, or does not timely comply with all of Sponsor’s
instructions to claim the Prize, the Prize or Prizes may be forfeited without a replacement winner or winners being chosen. Sponsor
reserves the right to either select an alternate winner(s) until the Prize(s) is claimed or forfeit the Prize(s) with no replacement
winner(s) being selected.
7. General Conditions. By entering the Sweepstakes, Entrants agree to abide by these Official Sweepstakes Rules and
the decisions of Sponsor, which are final. 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. 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 the Sweepstakes, Entrants agree to abide by these Official Sweepstakes Rules and the decisions of Sponsor and/or the
independent sweepstakes organization (as may be applicable), which are final. By entering this Sweepstakes, each Entrant hereby
grants to Sponsor, its affiliates, and its licensees the right and license to use Entrant’s name, image, likeness, voice, geographical
information, photograph, statements, biographical information, content and 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. Sponsor is not
responsible for any typographical or other error in the printing, the offering, or the announcement of any Prize or in the
administration of the Sweepstakes. By accepting a Prize, Winners release Sponsor and its affiliated and related companies,
Cold Stone Creamery licensees/franchisees, Nintendo, and their respective officers, directors, employees and agents, including,
without limitation, their advertising and promotional agencies and the independent sweepstakes organizations, from any and all
liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or misuse of any Prize.
No substitution, assignment, exchange of cash, currency, credit, or transfer of a Prize by a Winner is allowed. Sponsor reserves the
right to substitute the Prize for one of equal or greater value. The Winner is solely responsible for any local, state, federal and other
taxes and charges in connection with the receipt and/or use of a Prize, if any. Any additional expenses incident to the receipt and/or
use of a Prize is sole responsibility of the individual Winner. Should a potential winner decline or fail to claim the Prize, or be
unreachable, Sponsor reserves the right to either select an alternate winner until the Prize is claimed or forfeit the Prize with no
replacement winner being selected.
8. Release and Limitations of Liability. Except where prohibited, by participating in the Sweepstakes, you agree to
release, indemnify, defend and hold harmless Sponsor, Nintendo, and related companies, promotional partners, Prize partners,
Facebook, Twitter, Instagram, and each of their respective parent, subsidiaries, affiliates, successors, predecessors, and each of
their respective agents and agencies, and each of 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 use of
any Prize. Entrant assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this
Sweepstakes or the acceptance or use or misuse of any 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 the Sweepstakes 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 the 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 the Entrant 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. 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 are
used in these Official Sweepstakes Rules are solely for convenience of reference, and shall not be deemed to affect in any manner
the meaning or intent of these Official Sweepstakes Rules or any provision thereof.
10. Sponsor. Kahala Management, L.L.C., 9311 E. Via de Ventura, Scottsdale, AZ 85258.
11. Winner List Request. After January 22, 2021, for a Winners list, send a self-addressed stamped envelope (void where
prohibited) for receipt, no later than May 10, 2021 to: 2020 Cold Stone Creamery® Game System 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 winners.
Nintendo is not a sponsor, co-sponsor or administrator of this Sweepstakes.
// End of Official Sweepstakes Rules //
©2020 Kahala Management, L.L.C. Cold Stone Creamery® is a registered trademark of Kahala Management, L.L.C.