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National Ice Cream Day Sweepstakes

OFFICIAL RULES


NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.


1. ELIGIBILITY: The Ninja Sweepstakes is open only to individuals who are legal residents of the United States (including the District of Columbia and Puerto Rico), who are thirteen (13) years of age or older as of the date of entry (“Eligible Participants”). INTERNET ACCESS IS REQUIRED IN ORDER TO ENTER THE DRAWING. You must have a valid TikTok account and agree to the TikTok Terms of Service,located at https://www.tiktok.com/legal/terms-of-service-us?lang=en, and the TikTok Privacy Policy, located at https://www.tiktok.com/legal/privacy-policy-us?lang=en in order to be eligible to enter. Registration on TikTok must be completed before an Entry (as defined above) can be submitted. Any promotion-related participation must be by the authorized TikTok account holder. "Authorized account holder" is deemed as the natural person who is assigned to a TikTok account. Employees, officers, directors, shareholders, agents and representatives of SharkNinja Operating LLC (“Sponsor”) and their respective advertising or promotion agencies, those involved in the production, development, implementation or handling of the Drawing, any agents acting for, or on behalf of the foregoing persons or entities, their respective parent companies, officers, directors, subsidiaries, affiliates, licensees, service providers, suppliers, vendors, licensors and any other person or entity associated with the Drawing and/or the immediate family (spouse, parents, siblings and children) and household members (whether related or not) of each such employee (collectively “Drawing Entities”), are not eligible to enter or win. The Drawing is subject to all applicable U.S. federal, state and local laws and regulations. Void where prohibited by law. The Drawing is in no way sponsored, endorsed or administered by, or associated with TikTok.

2. ENTRY PERIOD: The Submission period begins on July 17, 2022 at 10:00AMET and ends on July 21, 2022 at 10:00AMET (the "Entry Period"). Entries received prior to or after the Entry Period, or on a day that is excluded from the Entry Period, will not be accepted.

3. HOW TO ENTER: During the Entry Period, TikTok users may enter the Drawing by commenting their favorite ice cream flavor on the sweepstakes post on @smoothieflips TikTok page, following @ninjakitchen on TikTok, and @smoothieflip on TikTok. Entrants’ TikTok profiles must be public.

(1) If you already have an Instagram account, log on using your email address or phone number and password, then enter the Drawing through @smoothieflips TikTok page. Locate the TikTok referring to the Ninja CREAMi National Ice Cream Day Sweepstakes on @smoothieflips TikTok page, comment your favorite ice cream flavor, and follow both @smoothieflip and @ninjakitchen. (2) If you do not already have a TikTok account, create one account according to the instructions on the TikTok website, then follow the actions as indicated in (1) above. Please note that you must agree to comply with TikTok’s Terms of Use to create a TikTok account and enter the Drawing.

Entries must be received during the Entry Period in order to be entered in the Drawing. Entries that are generated by script, macro, or other automated means, and entries that subvert the entry process by any means will be void. Entries become the property of the Sponsor. Incomplete entries or entries not compliant with these Official Rules are subject to disqualification, at the Sponsor’s sole discretion. If a dispute results as to the identity of any Eligible Participant in the Drawing, it will be determined that the entry was submitted by the authorized account holder of the TikTok account from which the entry is made. Entry must be in keeping with the Sponsor’s image, and may not be offensive as determined by Sponsor, at its sole discretion. Drawing Entities are not responsible for late, lost, delayed, stolen, undelivered, incomplete, garbled, damaged, or misdirected entries. Sponsor’s decisions are final on all matters relating to this Drawing. Sponsor reserves all rights, including the right to edit, publish, use, adapt, modify, or dispose of any entry, proper names, likenesses, and photographs for advertising and promotional purposes in all media (including, but not limited to, the Internet) without additional compensation, except where prohibited by law.

SPONSOR RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO REMOVE ANY ENTRY POSTED ON THE DRAWING FACEBOOK PAGE/TIMELINE THAT THE SPONSOR FEELS IS INAPPROPRIATE, OBJECTIONABLE AND/OR INCONSISTENT WITH THE POSITIVE IMAGE AND/OR GOOD WILL IT WISHES TO PROMOTE IN THIS DRAWING. ALL ELIGIBLE PARTICIPANTS ACKNOWLEDGE AND AGREE THAT ALL ENTRIES SUBMITTED IN CONNECTION WITH THIS DRAWING ARE SUBMITTED ON A NON-CONFIDENTIAL AND NON-PROPRIETARY BASIS AND MAY BE USED BY SPONSOR, ITS AGENTS, AFFILIATES, AND DESIGNEES, FOR ANY AND ALL ADVERTISING AND PROMOTIONAL PURPOSES INCLUDING (BUT NOT LIMITED TO) IN CONNECTION WITH THE DRAWING, IN PERPETUITY, WORLDWIDE, IN ANY MEDIA NOW KNOWN OR HEREINAFTER DEVELOPED, WITHOUT COMPENSATION, EXCEPT WHERE PROHIBITED BY LAW.

4. ENTRY LIMIT: Except as otherwise provided herein, there is a limit of one (1) entry per person, per day, per Instagram account during the Entry Period.

5. DRAWING SELECTION: : Following the Entry Period, the Sponsor will select one (3) winners to receive one (1) Ninja CREAMi® Ice Cream Maker in a random drawing from among all eligible entries received during the Entry Period. The winners will be notified via Direct Message on July 21, 2022, at 5pm ET. Sponsor’s decision is final on matters relating to this Drawing.

6. ODDS OF WINNING: The odds of winning depend on the total number of eligible entries received each day during the Entry Period.

7. NOTIFICATION TO WINNER: Sponsor will attempt to notify potential winners by TikTok Direct Message, email, and/or U.S. Mail at Sponsor’s sole discretion, within ten (10) days of its decision. The potential winner may be required to verify their mailing or email address and/or IRS W-9 Form, and return these documents, properly executed, via fax or regular U.S. mail, within ten (10) days following date of notification. If a potential winner: (i) fails to properly execute and return the documents, if required, within the required time period; (ii) cannot be contacted by Sponsor within a reasonable time period; (iii) is ineligible; (iv) fails to claim the prize; or (v) otherwise fails to fully comply with these Official Rules, he/she will forfeit that prize and the prize may be awarded to an alternative potential winner, who will be chosen from among the remaining eligible entries by Sponsor based on the same criteria set forth above. If the potential winner is a minor, his/her parent or legal guardian will be required to sign the Affidavit/Release on the potential winner’s behalf. Upon prize forfeiture, no compensation will be given.

BY ACCEPTING A PRIZE, THE WINNER CONSENTS TO THE USE OF HIS OR HER NAME, IMAGE, LIKENESS, PHOTOGRAPH, VOICE, AND BIOGRAPHICAL MATERIAL FOR ANY AND ALL ADVERTISING, PUBLICITY, AND PROMOTIONAL PURPOSES BY SPONSOR, ITS AGENTS, AFFILIATES, AND DESIGNEES, INCLUDING, BUT NOT LIMITED TO, THE POSTING OF WINNER’S NAME OR OTHER ONLINE ANNOUNCEMENTS, IN PERPETUITY, WORLDWIDE, IN ANY MEDIA NOW KNOWN OR HEREINAFTER DEVELOPED, WITHOUT ADDITIONAL COMPENSATION, EXCEPT WHERE PROHIBITED BY LAW.

8. PRIZE:

  • One (1) Ninja CREAMi® Ice Cream Maker ($199.99) per winner.

The total value of all prizes awarded is approximately $599.97. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute the prize (or portion thereof) with another prize of equal or greater value if the prize is not available for any reason as determined by the Sponsor at its sole discretion. The winner is solely responsible for any and all taxes, fees, and any other costs and expenses associated with acceptance or use of the prize. Prize may not be transferred except at the Sponsor’s sole discretion. If prize winner is at least 18 years of age but still considered a minor in his/her state or place of residence, prize may be awarded in the name of his/her parent or legal guardian, who will be responsible for fulfilling all requirements imposed on winner set forth herein. Allow 4 to 6 weeks for delivery of prize. Prizes cannot be returned or exchanged for cash or merchandise credit at any of the Sponsor’s retail stores.

9. LICENSE, RELEASE AND LIMITATION OF LIABILITY. By submitting an entry, entrants grant to Sponsor, its legal representatives, assigns, successors, and all persons acting with its permission or upon its authority, the absolute worldwide right and unrestricted permission and license to publish, display, and/or use (i) such entry (including, if applicable, all images, photos, and video contained therein) and (ii) the entrant's name and likeness (collectively “Entry Materials”) for purposes of publishing or posting same in Sponsor's online and offline advertisements, promotions materials, and on packaging or any other lawful purpose whatsoever. Entrants warrant that no third party owns or will own or has any license to use any Entry Materials, and that to the extent that any Entry Materials contain any third-party intellectual property, the entrant has obtained the appropriate permission from the owners of such property and further warrants that he/she/they has/have the full authority to assign the rights stated herein to Sponsor and such use of the Entry Materials by Sponsor will not infringe the rights of any third party. Further, entrants specifically consent to the digital compositing or distortion of the Entry Materials, including, without restriction, any changes or alteration as to color, size, shape, perspective, context, foreground, and/or background. Sponsor understands that the permission granted herein is unlimited in time and geographic scope. By participating in the Contest, Eligible Participants agree unconditionally to release and hold harmless the Contest Entities from and against any claim, liability, or cause of action arising out of the Contest, including, without limitation: (a) the selection of the winner; (b) delivery, receipt, or use of any prize; (c) participation in the Contest; (d) unauthorized human intervention in the Contest; (e) technical errors related to computers, servers, providers, or telephone or network lines or connectivity; (f) lost, late, incomplete, misdirected, or undeliverable entries; (g) errors in the administration of the Contest or the processing of entries; or (h) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Eligible Participant's participation in the Contest or receipt or use of any prize.

By accepting a prize, the winner agrees to release and hold harmless the Sponsor from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt, use, or misuse of any prize.

10. CONDITIONS OF PARTICIPATION: By entering, participants agree to be bound by these Official Rules, including all eligibility requirements and the decisions of the Sponsor, which are final and binding. By accepting a prize, winner consents to the use of his/her name, image, likeness, photograph, voice, and biographical material for advertising, publicity, and promotional purposes by Sponsor, or party designated by the Sponsor, in any and all media now or hereafter devised, including, but not limited to, any online announcements, worldwide in perpetuity, without additional compensation, notification, or permission, except where prohibited by law. Participants agree that the Drawing Entities have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, statutory, express or implied (including, but not limited to, the implied warranties of merchantability, title, and fitness for a particular purpose), in fact or in law, relative to the Drawing or any prize awarded. Eligible Participant further agrees that in no event shall the Drawing Entities be liable for punitive, consequential, incidental, special, or indirect damages.

11. GENERAL: If the operation, security, or administration of the Drawing is impaired in any way for any reason, including, but not limited to, fraud, computer virus, or other technical problem, the Sponsor may, at its sole discretion, either: (a) suspend the Drawing to address the impairment and then resume the Drawing in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize at random from among the eligible entries received up to the time of the impairment. The 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 Drawing or to be acting in violation of these Official Rules. Any attempt by any person to undermine the legitimate operation of the Drawing may be a violation of criminal and/or civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Electronic entries will be deemed made by the authorized account holder of the email address submitted at time of entry. The authorized account holder is deemed to be the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. In case of a dispute as to the owner of an entry, the entry will be deemed to have been submitted by the authorized account holder of the screen name from which the entry is made. Eligible Participant acknowledges that nothing herein shall constitute an employment, joint venture, or partnership relationship between participant and Sponsor. In no way is participant to be construed as the agent or to be acting as the agent of Sponsor in any respect.

12. DISPUTES: Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the Eligible Participant or Sponsor in connection with the Drawing, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any conflict of law principles (whether of the Commonwealth of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts.

13. DRAWING RESULTS: Results may be obtained by sending a self-addressed, stamped envelope to: SharkNinja Operating LLC, 89 A Street, Suite 100, Needham, MA 02494 Attn: Digital Department.

14. SPONSOR: The Drawing is sponsored by SharkNinja Operating LLC at 89 A Street, Suite 100, Needham, MA 02494.

This Drawing is in no way sponsored, endorsed, or administered by, or associated with TikTok. Any third-party trademarks mentioned herein are the property of their respective trademark owners. The use of such third-party trademarks in these Official Rules or in the Drawing is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Drawing. Any questions, comments or complaints regarding the Drawing should be sent to the Sponsor at the postal address of the Sponsor and not to TikTok.