THE BREYERS HOLIDAY GIVEAWAY OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Conopco, Inc., d/b/a Unilever and not to Instagram or TikTok. The information you provide will only be used in the event you are determined a Sweepstakes winner.

  1. SWEEPSTAKES PERIOD: The Breyers Holiday Giveaway (the “Sweepstakes”) starts on December 1, 2022 at 12:00 a.m. Eastern Time (“ET”) and ends on December 10, 2022 at 11:59 p.m. ET (“Sweepstakes Period”).

  2. ELIGIBILITY: Open to legal residents of the 50 United States and the District of Columbia, who are at least 18 years of age as of date of entry. Employees of Conopco, Inc., d/b/a Unilever (the “Sponsor”), Don Jagoda Associates, Inc. (“Administrator”), their respective affiliates, parents, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies (collectively, the “Sponsor and its Administrators”), and its affiliates and each of their respective employees, shareholders, directors, officers, members, assigns and agents and their immediate family members and/or those living in the same household of each are not eligible to participate or win. Void where prohibited by law. Sweepstakes is subject to all applicable federal, state and local laws.

  3. HOW TO ENTER: During the Sweepstakes Period, the Sponsor will make two (2) posts in relation to the Sweepstakes [one (1) on Instagram from @breyers and one (1) on TikTok from @breyersofficial] (each a “Post”). You may enter on your web enabled mobile device using the TikTok or Instagram application, or on Instagram.com or TikTok.com (collectively the “Site”), by following the instructions outlined in the Post to like the Post, follow Breyers on either Instagram or TikTok (depending on which platform you’re entering from), and comment on the Post sharing your holiday cheer for building a snowman using emojis (the “Submission”) to receive one (1) entry (the “Entry”) into the random drawing. You must follow Breyers on the Entry platform in which you’re entering on (@breyers on Instagram or @breyersofficial on TikTok) for your Submission to be eligible. You must have an Instagram account (which does not need to be public) to enter via Instagram. If you do not have an Instagram account, and you would like to create one for free, download the free Instagram app to your mobile device at either the Apple® App Store or the Google® Play store. You must have a TikTok account (which does not need to be public) to enter via TikTok. If you do not have a TikTok account, and you would like to create one for free, download the free TikTok app to your mobile device at either the Apple® App Store or the Google® Play store. Potential winner may be required to show proof of being the authorized account holder of the Site account associated with the Entry. The person uploading the Entry will be deemed the entrant (the “Entrant”). If there is a dispute as to the identity of an Entrant, the Entrant will be deemed the authorized account holder of the Site account submitted at the time of Entry. “Authorized account holder” of a Site account is defined as the person who is responsible for joining the Site and who manages the e-mail address associated with the Site Any Entry not in compliance with the above and which does not meet the other requirements of these Official Rules may be disqualified as determined by Sponsor in its sole discretion.

    Limit one (1) Entry per person per Entry platform per day. All Entries must be completed and submitted by 11:59 p.m. ET on  December 10, 2022 to be eligible for the random drawing. The person posting the Entry will be deemed the entrant (the “Entrant”). The Entry must: 1) be complete to be eligible and 2) be the property of the Entrant. Sponsor has the sole discretion to determine whether a Submission qualifies as an Entry. Any Entry not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified. Participation is subject to disqualification of all Entries, if multiple accounts are used by the same person. As applicable, normal Internet/phone access and usage/data charges imposed by Entrants’ online/mobile service will apply.
  4. Entry Requirements: By entering, you agree to waive any rights you may have to the Entry submitted. The Entry, or portion thereof, must not contain obscene, profane, lewd, defamatory or inappropriate content, or be disparaging to Sponsor, as determined in Sponsor’s sole discretion. Entries must be in keeping with Sponsor's image and may not be offensive, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person's personal or proprietary rights. Entrants may not copy or otherwise plagiarize the Entry from any source. All Entries must be the sole, original work of the Entrants. Any Entry or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, defamatory, inappropriate, disparaging, offensive or contains proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, will not be considered and may disqualify the Entrant. Entries should not contain any third party materials (other than Breyers ice cream), or otherwise violate or infringe (or possibly infringe) any copyright, trademark, logo, mark that identifies a brand. Sponsor may blur or black out the infringing material, in their sole discretion. Entries become the property of the Sponsor and will not be acknowledged or returned. Entrants and winners acknowledge and agree that their Entries become the property of the Sponsor, which thereby has the right to edit, adapt, modify, reproduce, promote and otherwise use Entries in any way it sees fit. Neither Instagram nor TikTok are affiliated with this in any way and is not responsible for the administration of the Sweepstakes or the awarding of the prize. No endorsement or approval of Sweepstakes by Instagram/TikTok is expressed or implied. Automated, script, macro or robotic Entries submitted by individuals will be disqualified. Entries may be posted on the Sponsor’s website, Sponsor’s social media pages, and may be posted on other non-affiliated websites, in Sponsor’s sole discretion. Any Entry not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified.

  5. RANDOM DRAWING: Twenty-five (25) winners will be selected in a random drawing on or about December 12, 2022 from among all eligible Entries received. The random drawing will be conducted by the Administrator, an independent judging organization whose decisions are final on all matters relating to the Sweepstakes. The odds of winning the prize will depend on the number of eligible Entries received.

  6. PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”): Prize (25 total): A Sponsor-selected Breyers DIY Snowman Kit (ARV: $50 each). Limit one (1) prize per person/household. Prizes are nontransferable and no substitutions are allowed except by the Sponsor, who reserves the right to award a prize of equal or greater value.

  7. GENERAL: The Site’s computer timestamp is the official timekeeper for purposes of this Sweepstakes. Potential winners will be notified by direct message on Instagram or TikTok (as applicable) and will be required to follow the instructions outlined in the direct message to arrange for prize fulfillment within forty-eight (48) hours of notification attempt or prize will be forfeited and an alternate winner will be selected. If a potential winner does not reply to the direct message within forty-eight (48) hours or if a potential winner is deemed ineligible, the prize will be forfeited and an alternate winner will be selected. If potential winner entered on TikTok, they may need to accept @breyersofficial as a follower on TikTok to receive a direct message. Prizes will be delivered within 4 weeks after winner notification. Return of Prize or Prize notification as undeliverable or failure to reply to direct message may result in disqualification and alternate potential winner will be selected. Winners and all Entrants, as a condition of entry into the Sweepstakes, agree to release and hold harmless Sponsor and its Administrators, Instagram, TikTok, each of their respective agencies, parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development and execution of the Sweepstakes (collectively the “Released Parties”) from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with submitting an Entry or otherwise participating in any aspect of the Sweepstakes, the receipt, ownership or use of any Prize awarded or any typographical or other error in these Official Rules or the announcement or offering of the Prizes. Winners assume all liability for any injury or damage caused, or claimed to be caused by participation in the Sweepstakes or use or redemption of a Prize. Acceptance of Prize constitutes permission to use winners’ names, likenesses, Entries and Submissions for promotional purposes (including any possible public relations opportunities) without further compensation except where prohibited by law. By entering, Entrant accepts and agrees to be bound by these Official Rules. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes; violates the Official Rules; acts in an unsportsmanlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any other person. The Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in the Sweepstakes which may limit the ability to participate, or by any human error which may occur in the processing of the Entries in the Sweepstakes. Entries generated by script or bot are not eligible. Sponsor reserves the right to cancel, terminate or modify the Sweepstakes if it cannot be completed as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or corruption of any sort. In such event, Sponsor will award the prizes from eligible Entries received prior to cancellation as outlined above. As a condition of entering the Sweepstakes, Entrant agrees that: 1) under no circumstance will entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; 2) all causes of action arising out of or connected with the Sweepstakes, or prize awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, but in no event will Entrant be entitled to receive attorneys’ fees or other legal costs.

  8. GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.

  9. WINNERS: For the names of the winners, available for ninety (90) days after January 3, 2023, send an email to: Winners@dja.com with “Breyers Holiday Giveaway” as the subject line. Winners List will be sent after the prizes have been awarded.

  10. SPONSOR/ADMINISTRATOR: The Sponsor of the Sweepstakes is Conopco, Inc. d/b/a Unilever, 700 Sylvan Avenue, Englewood Cliffs, New Jersey 07632. The Administrator of the Sweepstakes is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.