DQ® Fall 2023 Blizzard® Beanies Sweepstakes
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The DQ® Fall 2023 Blizzard® Beanies Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States (excluding Texas) and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees, franchisees, and employees of franchisees of American Dairy Queen Corporation, Barkley, Inc., MikeWorldWide, Merkle Inc., and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void in Texas and where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules. Sponsor’s and Administrator’s decisions are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: American Dairy Queen Corporation, 8000 Tower, Suite 700, 8331 Norman Center Drive, Bloomington, MN 55437. Administrator: Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
3. Timing: The Sweepstakes begins on October 2, 2023 at approximately 10:00 a.m. Eastern Time ("ET") and ends on October 13, 2023 at 11:59 p.m. ET (the "Promotion Period"). The servers of Facebook, Instagram, and TikTok are the official time-keeping devices for the Sweepstakes. Sponsor will post two (2) “Sweepstakes Posts” on each of the three social channels during the Promotion Period and entrants may respond to each of these six (6) posts to earn an entry into the Sweepstakes drawing.
| Sweepstakes Post | Date |
| 1 | October 2, 2023 |
| 2 | October 12, 2023 |
4. How to Enter:
Participation Requirements: To participate, you will need to have a TikTok, Facebook and/or Instagram account (each a “Social Account”). Creating each Social Account is free but subject to the applicable terms and conditions (https://www.tiktok.com/legal/page/us/terms-of-service/en#terms-us), (https://www.facebook.com/legal/terms) or (http://instagram.com/about/legal/terms/#). For TikTok, your messaging status within account privacy must be set to allow for friends/followers to direct message you. If you are selected as a potential winner, you may be required to accept a follow request from @dairyqueen. There is no requirement for your Social Accounts to be set to public. If entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.
During the Promotion Period, entrants may participate through Facebook, Instagram, and TikTok (each a “Social Channel”) and may receive one (1) Sweepstakes entry each time you enter on any of the six (6) posts by completing the required actions:
Enter via Facebook: Locate one of Sponsor’s post advertising this Sweepstakes (each a “Sweepstakes Post”) on Facebook and take the following actions:
(a) Follow @dairyqueen on Facebook;
(b) Comment on the Sweepstakes Post with the hashtag #BLIZZARDBeanieSweepstakes to enter and confirm agreement to these Official Rules; and
(c) You must not change your Facebook handle once you post to enter this Sweepstakes and until the prizes are awarded (as described in Section 6).
Enter via TikTok: Locate one of Sponsor’s posts advertising this Sweepstakes (each a “Sweepstakes Post”) and take the following actions:
(a) Follow @dairyqueen on TikTok;
(b) Comment on the Sweepstakes Post with the hashtag #BLIZZARDBeanieSweepstakes to enter and confirm agreement to these Official Rules; and
(c) You must not change your TikTok handle once you post to enter this Sweepstakes and until the prizes are awarded (as described in Section 6).
Enter via Instagram: Locate one of Sponsor’s posts advertising this Sweepstakes (each a “Sweepstakes Post”) Post. Then, take the following actions to receive an entry:
(a) Follow @dairyqueen on Instagram;
(b) Comment on the Sweepstakes Post with the hashtag #BLIZZARDBeanieSweepstakes to enter and confirm agreement to these Official Rules; and
(c) You must not change your Instagram handle once you post to enter this Sweepstakes and until the prizes are awarded (as described in Section 6).
There is no need to include any other content in your Facebook, Instagram, or TikTok comment. However, if you choose to include additional content, it must meet these Content Restrictions:
• Your comment must be your original work;
• Your comment must not convey any claims of Sponsor’s products or services that would be deemed unsubstantiated or deceptive if made by Sponsor;
• Your comment must not disparage Sponsor or any other parties;
• You must have permission to include the names or likenesses of other individuals and to grant the rights set forth in Section 5. You should only include minors in your comment if they are your children/wards. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor;
• Your comment must not contain material that violates or infringes another’s rights and therefore may not include logos, trademarks, or any other intellectual property other than those of the Sponsor;
• Your comment must not make references to or include alcohol, illegal drugs, tobacco, or firearms/weapons, any activities that are or appear to be dangerous, or any political agenda;
• Your comment may not be indecent, obscene, sexually explicit, hateful, promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and
• Your comment may not be tortious, defamatory, libelous, disparage Sponsor or any other person or party, or contain material that is unlawful in any way.
By posting a comment that conforms to all of the above requirements, you will receive one (1) Sweepstakes entry. Sponsor, in its sole discretion, may disqualify any post that it finds unlawful or in violation of these Official Rules.
Limitations: Multiple entrants are not permitted to share the same Social Account. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to the identity of an entrant, Sponsor and Administrator will rely on the information included in entrant’s Social Account profile and handle and any additional information provided by such entrant through the winner confirmation process. If an entrant provides information inconsistent with their Social Account name and profile information, Sponsor and/or Administrator may disqualify such entrant and it may result in the forfeiture of any prizes won.
5. Sponsor’s Use of Social Content: Commenting constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Comments in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the entry.
6. Grand Prize Drawing: Administrator is an independent organization whose decisions as to the administration of the Sweepstakes drawing and communication with potential winners is final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Sweepstakes winners from all eligible entries received during the Promotion Period, on or around October 17, 2023. Each potential winner will be notified by Sponsor through the social channel used to enter. For potential winners who entered through Facebook, Sponsor will reply to the comments of each potential winner and request that they private message @dairyqueen within one (1) day in order to start the prize claim process. For potential winners who entered through TikTok, potential winners may be required to accept @dairyqueen follow request within one (1) day to allow for communication of the prize acceptance requirements. All potential winners will be directed by private message to a secure online claim form and asked to provide his/her name, email address, mailing address, and date of birth to confirm eligibility and for prize fulfillment purposes within two (2) days of the date notice or attempted notice is sent into order to claim the prize. If a potential winner of any prize cannot be contacted, fails to respond or provide the requested information within the required time period, or the prize is returned as undeliverable, the potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner forfeits the prize or is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only one (1) alternate drawing will be held, after which the prize will remain un-awarded.
7. Prizes: FOUR HUNDRED (400) GRAND PRIZES: Two (2) beanies – one (1) for you and one (1) knit koozie for your Blizzard Treat. Approximate Retail Value (“ARV”): $20.00.
All details, including but not limited to size and color, will be determined by Sponsor. Prizes are non-transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period. Limit one (1) prize per person. Total ARV of all prizes: $8,000.00. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Sweepstakes.
8. Release: By entering this Sweepstakes, entrants agree to release and hold harmless Sponsor, Barkley, Inc., MikeWorldWide, Administrator, TikTok Inc., Instagram, Inc., Meta Platforms, Inc., and their respective subsidiaries, affiliates, suppliers, distributors, franchisees, advertising/promotion agencies, and prize suppliers, and each of their respective parent and affiliated companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, third party claims involving the right to privacy, right of publicity, or intellectual property infringement, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
9. Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, prize information, likeness, Submission, photograph (including, without limitation, winner's TikTok/Instagram/Facebook profile photo), voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance and may modify the prizes offered herein. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a 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 Rules shall not constitute a waiver of that provision.
11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any 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 or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, not received, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. For New Jersey residents, the limitations set forth above may be inapplicable where attorneys' fees, court costs, or other damages are mandated by statute. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
13. Entrant's Personal Information: Information collected from entrants is subject Sponsor’s Privacy Policy https://www.dairyqueen.com/en-us/privacy-statement/.
14. Winner List: For a winner list, please click HERE. The winner list will be posted after winner confirmation is complete.
© 2023 Merkle Inc. All rights reserved.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Meta Platforms, Inc., Instagram, Inc., or TikTok Inc.