Drake’s® Cakes Long Island Aquarium Giveaway
("Official Rules")
Drake’s® Cakes Long Island Aquarium Giveaway (the "Giveaway") is sponsored by McKee Foods Corporation with offices located at 10260 McKee Road, Collegedale, TN 37315 ("Sponsor").
Sponsor, its subsidiaries and affiliates, and any other companies or agencies associated with the Giveaway (such as advertising, promotion, fulfillment or judging agencies), together hereinafter will be referred to as the "Giveaway Entities." Participation in the Giveaway constitutes the entrant's ("you" or "your") full and unconditional agreement to and acceptance of these Official Rules, including the decisions and interpretations of Sponsor and/or the judges, which are final and binding on all matters relating to the Giveaway.
NO PURCHASE IS NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. ALL APPLICABLE FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED BY LAW. Maximum one (1) entry per person during the Giveaway Period (as defined below). Only one (1) phone number may be used per entrant.
Giveaway Dates: The Giveaway begins on Monday, January 1, 2024 at 10:00 AM Eastern Time ("ET") (the "Giveaway Start Date") and ends on Tuesday, December 31, 2024, at 4:00 PM ET (the "Giveaway End Date"). Sponsor’s designated computer is the official time clock for the Giveaway. The period from the Giveaway Start Date through the Giveaway End Date is referred to as the "Giveaway Period.” There will be a total of four (4) quarterly giveaways during the Giveaway Period, commencing on the first day of each calendar quarter at 10:00 AM Eastern Time (“ET”) and ending on the last day of each calendar quarter 4:00 PM ET during the Giveaway Period (each, a “Quarterly Giveaway Period”).
Who Can Enter: The Giveaway is open to all legal residents of the United States and the District of Columbia who are at least eighteen (18) years or older (nineteen (19) years or older for Alabama and Nebraska residents) at the time of entry. Employees of the Giveaway Entities and their immediate family members (defined as parents, parents-inlaw, children, siblings and spouse (including common law), regardless of where they reside) are not eligible to enter the Giveaway or to win the Giveaway prizes. Any other persons with whom such employees are domiciled are also ineligible to enter the Giveaway or win the Giveaway prizes.
How to Enter:
During the Giveaway Period, you may enter to win this Giveaway by filling out and submitting the official Giveaway form at the designated onsite drop box located outside of the ticketed entrance of the Long Island Aquarium located at 431 E Main St, Riverhead, NY 11901. Each Giveaway form must include entrant's first and last name, and email address. Paid entry to the Long Island Aquarium is not required in order to participate. In the alternative, entrants may mail their entry to Drake’s® Cakes Long Island Aquarium Giveaway, 10260 McKee Road, Collegedale, TN 37315.
Limitations on Entry: There is a limit of one (1) entry per person during the Giveaway Period. Only one (1) name may be used per entrant. You are ineligible to win more than one Prize during the Giveaway Period. Each potential Prize Winner may be required to provide valid and legal proof of identification. All entries must be fully and accurately completed. Giveaway Entities will not be responsible for incomplete, inaccurate, late, or stolen entries or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Giveaway, including, without limitation, errors or difficulties which may occur in connection with the administration of the Giveaway, the processing of entries, the announcement of the prize or in any Giveaway-related materials. In the event of a dispute over the ownership of an entry, entries will be deemed to have been submitted by the entrant named on the Giveaway official form. Any questions regarding the number of entries submitted shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Giveaway. Non-winning entries from prior Quarterly Giveaway Period(s) will be rolled over to the next Quarterly Giveaway Period(s).
Selection of Prize Winners: Within five (5) business days after the end of each Quarterly Giveaway Period, Sponsor will randomly select one (1) winner of a Prize (as defined below) from all eligible entries received during the Giveaway Period (each, a “Prize Winner”).
All decisions concerning the Prizes are solely within the discretion of Sponsor. Odds of winning depend upon the number of eligible entries received.
Taxes, if any, on Prizes are the responsibility of the Prize Winners. An IRS 1099 will be issued where required. Prizes are non-transferable, non-exchangeable, have no cash value (unless required by law), and cannot be substituted or replaced if destroyed, lost, mutilated, stolen, forfeited or not used. Sponsor makes no warranties concerning the Prizes. Sponsor reserves the right to substitute alternative prizes or prize elements of greater or equal value, or to not award any Prize at all, if for any reason any Prize becomes unavailable due to supply shortage, shipping or manufacturing delays, or delay, governmental action or other circumstances. Any difference between the stated ARV and the actual ARV will not be awarded.
Prize Details:
Four (4) Prize Winners will win (i) one Drake’s® Cakes themed prize bundle (ARV $103.61) (collectively, the “Prize”)
Taxes, if any, on Prizes are the responsibility of the Winners. An IRS 1099 will be issued where required. Prizes are non-transferable, non-exchangeable, have no cash value (unless required by law), and cannot be substituted or replaced if destroyed, lost, mutilated, or stolen. Standard coupon terms and conditions apply. Sponsor makes no warranties or disclaimers concerning the Prizes. Sponsor reserves the right to substitute alternative prizes of greater or equal value if for any reason any Prize becomes unavailable. Any difference between the stated ARV and the actual ARV will not be awarded.
Awarding of Prizes:
If you have won a Prize, you will be contacted within two (2) weeks after the end of the Giveaway Period by mail or electronic mail, using the contact information provided on your online entry form, to confirm your entry and eligibility. Prize Winners will be randomly selected from all eligible entries received during the Giveaway Period.
To be confirmed as a Prize Winner, you will be required to complete and return an Affidavit of Eligibility and Release form before being awarded your Prize. If any Prize Winner does not meet all eligibility requirements, has not complied with these Official Rules, cannot be contacted, does not respond within seven (7) days from the date Sponsor first tries to notify him/her, does not return the Affidavit of Eligibility and Release form and/or if the Prize or Prize notification is returned as undeliverable, such Prize Winner forfeits all rights to claim or receive the Prize and an alternate winner will be selected, time permitting.
If a Prize is returned as undeliverable, you forfeit your right to claim or receive the Prize and an alternate Prize Winner will be selected using the methods described above.
All decisions concerning the Prizes are solely within the discretion of Sponsor. Odds of winning will depend upon the number of eligible entries received.
By accepting a Prize, the Prize Winner acknowledges compliance with these Official Rules. PRIZES ARE AWARDED AS IS AND WITHOUT CONDITION, WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
Privacy: All entrants shall be subject to and protected by the Privacy Policy on the McKee Foods website, available online at https://mckeefoods.com/101/privacy-policy (the "Privacy Policy"). By entering the Giveaway, you acknowledge that you have read and understand the Privacy Policy and you agree to its terms.
Publicity: Acceptance of a Prize constitutes permission for the Giveaway Entities to use each Prize Winner's name, likeness, photo, voice and comments for advertising and promotional purposes worldwide in any media without limitation and without additional compensation unless prohibited by law.
Disqualification: The following are prohibited and will result in automatic disqualification from the Giveaway: (1) using any method that artificially increases odds of winning, including without limitation internet bots, web robots, www robots or any other type of bots; (2) non-compliance with these Official Rules; and (3) any other act that the Giveaway Entities determine, in their sole discretion, jeopardizes the integrity of the Giveaway.
Release of Liability: By entering the Giveaway, each entrant (a) agrees to be bound by these Official Rules and the decisions of Sponsor or its designees, which shall be final and (b) agrees to release and to hold the Giveaway Entities, and their respective parents, shareholders, directors, officers, employees, representatives, agents, affiliates, subsidiaries, and legal advisors, and Twitter, harmless against any and all claims, losses, rights, liabilities and damages, and actions of any kind arising out of their participation in the Giveaway and/or the acceptance and use of the Prize. The foregoing release includes, but is not limited to, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy. Under no circumstances shall any of the Giveaway Entities, have any liability or responsibility for: (1) incorrect or inaccurate entry information, or faulty, failed, garbled or jumbled electronic data transmissions; (2) any unauthorized access to or theft, destruction or alteration of entries at any point; (3) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the Giveaway; (4) inaccessibility or unavailability of the Internet or a Giveaway site or any combination thereof; (5) any injury or damage to a participant’s or to any other person's computer, tablet, mobile device or other electronic device that may be related to or result from any attempt to participate in the Giveaway or download any materials in the Giveaway; or (6) any typographical error or other error in these Official Rules or in any other communication relating to the Giveaway. All entries become the property of Giveaway Entities.
Choice of Law/Arbitration: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants and Sponsor in connection with the Giveaway will be governed by and construed in accordance with the laws of the State of Tennessee without regard to conflict of laws. Any and all disputes, claims and causes of action arising out of or connected with this Giveaway shall be resolved exclusively by arbitration in Chattanooga, Tennessee pursuant to the Commercial Arbitration Rules of the American Arbitration Association then effective. Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred by entrant with regard to this Giveaway, excluding attorneys’ or other related fees and punitive, exemplary, incidental, consequential or other damages. The arbitrator’s decision will be final and binding and judgment may be entered thereon.
General Terms and Conditions: Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Giveaway. This Giveaway is void where prohibited by law. The Giveaway is subject to all applicable federal, state, and local laws and regulations. Winning the Prize is contingent upon fulfilling all requirements as set forth herein. Sponsor is not liable for any injury or damage to an entrant’s or any other person’s computer or its contents related to or resulting from participation or downloading any materials in this Giveaway, or other technical difficulties or failures or other errors of any kind. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Giveaway as solely determined by Sponsor. In the event the Giveaway is compromised by a virus, unauthorized human intervention, tampering or other causes beyond the reasonable control of Sponsor which corrupt or impair the administration, security, fairness or proper operation of the Giveaway, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Giveaway. Should the Giveaway be terminated prior to the end of the Giveaway Period, Sponsor reserves the right to award the Prizes based on the nonsuspect, eligible entries received before the termination date. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision so long as the general intent of these Official Rules remains in effect.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Prize Winners’ Names and Official Rules: To obtain the identity of the Prize Winners and/or a copy of these Official Rules by mail, mail a self-addressed stamped envelope to Official Rules or Winners’ Names, The Drake’s® Cakes Long Island Aquarium Giveaway, 10260 McKee Road, Collegedale, TN 37315. Mail must be received by 12:00 PM ET within thirty (30) days of January 1, 2025.
