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WIN AN BRANSON FAMILY VACATION SWEEPSTAKES

Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.

The following promotion is intended for participants in the forty eight (48) contiguous United States and Washington D.C. only. The Sweepstakes shall be construed and evaluated according to the laws of the United States. Void in Alaska and Hawaii. Further eligibility restrictions are contained in the Official Rules below.

 

1. DESCRIPTION: Internet access required. The “Win an Branson Family Vacation Sweepstakes" (the "Sweepstakes") begins on Thursday, June 27, 2024, and ends on Wednesday, September 25, 2024 at 11:59:59 pm Eastern Time (“ET”) (“Sweepstakes Period”). The sponsor of this Sweepstakes is Kansas Chocolate Festival and Cider Days (“Sponsor”). The administrator of this Sweepstakes is Tasty Festivals LLC ("Administrator"). The Ozarker Lodge (“Ozarker”), and Dustin Tavella Magic. (“Tavella”) (each a "Prize Provider" and collectively the “Prize Providers”) are each providing select components of the Grand Prize (as hereinafter defined) and are not responsible for the collection, submission or processing of entries, the administration or execution of the Sweepstakes, or the selection of the winners. The Sweepstakes is void in Hawaii and Alaska, and where prohibited or restricted by law.p

 

2. ELIGIBILITY:  Sweepstakes is open only to legal United States residents residing in the forty-eight (48) contiguous United States or Washington, D.C. (each an “Entrant” and collectively “Entrants”). Entrants must be at least twenty-one (21) years of age at the time of entry. Entrants must be the rightful owner (or have authorized use) of the email address identified on the entry form. Employees, owners, shareholders, officers and directors of Sponsor and Administrator (collectively, the “Sweepstakes Entities”), and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives, promotion and advertising agencies  together with the immediate family members and/or those living in the same household of such persons (collectively, “Household Members”), are not eligible to participate in the Sweepstakes. For purposes of the Sweepstakes "Household Members" shall mean those people who share the same residence at least three months a year; "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.  In the event of a dispute over the identity of an Entrant or potential winner in the Sweepstakes, the Entrant or potential winner will be deemed the authorized account holder of the email address associated with the entry. “Authorized Account Holder” is defined as the natural person in whose name the e-mail account was opened. In the event a dispute regarding the identity of an Entrant or potential winner cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Entries will not be acknowledged except as provided herein.  Sweepstakes Grand Prize is non-transferable and cannot be substituted, sold or bartered. Void in Hawaii and Alaska, and where prohibited or restricted by law.

 

3. HOW TO ENTER: Eligible Entrants may enter the Sweepstakes during the Sweepstakes Period by visiting www.TopekaChocolate.com/contest (the "Sweepstakes Homepage") and following the on-screen instructions to access the registration form. Entrants must provide all of the information requested, including but not limited to Entrant’s full name, physical address and email address, then click “Submit” to receive one (1) entry into the Sweepstakes. Limit of one (1) entry per person. If entries exceed the entry limitations, the Entrant may be disqualified, at the Sponsor's sole discretion. Entries generated by a script, macro or other automated means will be disqualified. Incomplete, unreadable, or unintelligible entries will be disqualified. All information provided by Entrants becomes the property of Sponsor. Participation in the Sweepstakes constitutes Entrant's understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor's decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision of the Official Rules generally. Sponsor has the right to change the Sweepstakes Period, and all other dates or deadlines set in connection with this Sweepstakes, at any time and in its sole discretion.

 

4. ODDS: Odds of winning depend on the number of eligible entries received.

 

5. WINNER SELECTION AND NOTIFICATION: On or about Friday, September 27, 2024, one (1) potential Grand Prize winner will be selected via random drawing from all eligible Entries received. The potential winner will be notified by email via the email address provided on the registration form. The potential winner is responsible for checking their spam filter. The potential winner will be required to respond (as directed) to the notification within five (5) days (or a shorter time if required by exigencies) of attempted notification. The failure to respond within the stated time period may result in forfeiture of the Grand Prize. The potential winner will be required to verify address, sign, and return within five (5) days of initial notification a “Prize Acceptance Form” covering eligibility, liability, advertising and (unless prohibited by law) publicity rights and such other documents as Sponsor or Administrator may provide (collectively, “Prize Acceptance Forms”). Failure of a potential winner to return the Prize Acceptance Forms within the specified time period may result in forfeiture of the Grand Prize and selection of an alternate potential winner from the remaining eligible entries. Administrator, in its sole discretion, will attempt to contact up to three (3) potential winners of each Grand Prize in accordance with the above procedure, after which the Grand Prize in question may go unawarded if it remains unclaimed. If Grand Prize is awarded but goes unclaimed or is forfeited by recipient, such Grand Prize may not be re-awarded, in Sweepstakes Entities’ sole discretion. Winner's travel companion (the “Guest”) must be at least eighteen years of age and the age of majority in their state of primary residence unless the winner is such Guest’s parent or legal guardian. Each Guest (or if such Guest is a minor, the parent or legal guardian) will be required to verify address and to execute a Travel Companion Release, as directed by the Administrator. Failure to return the executed Travel Companion Release within the specified time period may result in forfeiture of the Trip for the Guest. Winners must provide Sponsor with a valid social security number for tax reporting purposes. The winner will receive an IRS Form 1099 from the Sweepstakes Entities for the actual retail value of the Grand Prize for the calendar year in which the Grand Prize was fulfilled.   

 

6. GRAND PRIZE:  There is one (1) Grand Prize available (one (1) consisting of one (1) 3-day / 2-night trip for the winner (“Winner”) and up to three (4) Guests to Branson, Missouri (the “Trip”). 

 

The Trip includes: 

 

(a.) Hotel accommodations for four (2) consecutive nights in one (1) queen bed room at Ozarker Lodge Branson*, based on availability, including complimentary self-parking, outdoor pool access. HOTEL STAY MUST BE COMPLETED BY OCTOBER 1, 2025 OR PRIZE WILL BE FORFEITED. Not available in conjunction with any other offer. Blackout dates and other restrictions may apply. No substitutions or cash value;

 

(b.)  Admission for four (4) for Dustin Tavella’s show in Branson, MO. MUST BE USED BY OCTOBER 1, 2025 OR PRIZE WILL BE FORFEITED.

  

Approximate Retail Value (“ARV”) of Grand Prize: $475

 

All Grand Prize details are at the sole discretion of the Sponsor, and corresponding Prize Provider. Winner is responsible for securing their own transportation to Branson, MO. 

 

If Winner elects to partake in any or all portions of their Grand Prize with no Guest(s), the Grand Prize will be awarded to Winner and any remainder of the Grand Prize will be forfeited and shall not be subject to further or alternative compensation. All elements of the Grand Prize must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption. Unless child or ward of Winner, Guest(s) must be eighteen (18) years of age or older as of the date of departure and must travel on the same itinerary and at the same time as the Winner. Grand Prize Winner cannot assign or transfer the prize to another person. No cash alternative is allowed, except at the sole discretion of Sponsor. If a Grand Prize cannot be awarded due to circumstances beyond the control of Sponsor and/or the Prize Providers, a substitute prize of equal or greater retail value may be awarded. If the Winner is unable or unwilling to accept the Grand Prize, or any portion thereof, as stated, the Grand Prize may be forfeited in its entirety at the sole discretion of Sponsor. The value of the Grand Prize represents the Sponsor’s good faith determination of the maximum retail value thereof. No refunds or credits for changes are allowed. The ARV of any prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the Grand Prize is awarded or redeemed. All other expenses and costs, not expressly listed above, including, but not limited to, taxes, tips, meals, hotel room service, laundry service, unspecified ground transportation, phone calls, entertainment, souvenirs, concessions, alcoholic beverages, transfers, insurance, as well as seat assignment or baggage fees determined by selected airline are Winner’s sole responsibility. Other restrictions may apply. Save for liability for death or personal injury due to negligence, Winner and Guest agree that they undertake the Trip at their own risk. Winner and Guest must have valid travel documents (e.g., valid government issued photo ID and/or Passport) prior to departure. Failure to do so will result in forfeiture of Grand Prize. Neither Sponsor, nor Prize Providers will replace any lost or stolen tickets, travel vouchers or certificates. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the Trip. Sponsor and Prize Providers are not liable for any expenses incurred as a consequence of flight cancellation/delay. All air transportation tickets are subject to the vagaries of flight variation, work stoppages and schedule or route changes. If the closest airport to a Grand Prize Winner’s home is in close enough proximity to Branson, Missouri so that, as Sponsor may determine in its sole discretion, a flight is unnecessary, air travel vouchers will not be provided for the respective individual(s), and alternate travel arrangements will be made. Other hotel fees are not included and if applicable may be payable at the time of check-out by the Winner/Guest. A deposit or payment in advance, or presentation of a credit card by the Winner, may be required at the time of check-in at the hotel. Any hotel cancellations or changes to hotel reservations after confirmation must be made with the hotel directly, and the Winner is solely responsible for any charges and/or fees arising from changes made directly with the hotel.

 

Grand Prize Winner will not receive cash or any other form of compensation if actual travel costs are less than the Grand Prize ARV in these Official Rules. Sponsor reserves the right to structure travel dates and select hotels in its sole discretion. 

 

All Grand Prize details are at the sole discretion of the Sponsor. If any of the Grand Prize elements, or any portion thereof, listed in the Grand Prize description does not or cannot take place as scheduled or at all, for reasons included but not limited to scheduling conflicts, cancellations, postponement, or for any other reason, then assuming the applicable Winner is willing and able to travel on the dates chosen by Sponsor, the Winner will receive the remaining components of the Grand Prize which shall constitute full satisfaction of Sponsor’s Grand Prize obligation to the Winner, and no other or additional compensation will be awarded. Winner must provide Sponsor with a valid social security number for tax reporting purposes. The Winner will receive an IRS Form 1099 from the Sweepstakes Entities for the actual retail value of the Grand Prize for the calendar year in which the Grand Prize was fulfilled. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF THE GRAND PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. The Grand Prize, and all portions of the Grand Prize, are awarded WITHOUT WARRANTY OF ANY KIND, express or implied, without limitation. Any Grand Prize depictions are for illustrative purposes only.

 

In connection with any Trip, please be advised that Sponsor’s, Prize Provider's policies, CDC guidelines, and the recommendations of health officials must be followed. In addition, Winner and Guest should be aware of and comply with government guidelines regarding travel restrictions and mandatory quarantines before visiting any Prize Provider destination. Please note that any public location where people are present provides an inherent risk of exposure to COVID-19, and neither Sponsor nor Prize Provider can guarantee that any person will not be exposed during a visit.

 

Trip Conduct: Winner and Guest(s)(s) shall conduct themselves with due regard to the public conventions and morals. Winner and their Guest(s) shall not, while representing the Sweepstakes Entities and Prize Providers during the Trip and/or any of the events, or any portion thereof, listed in the s description, commit an offense involving moral turpitude under local laws or ordinances. The Winner and Guest(s) shall not commit any act that will tend to degrade the Sweepstakes Entities and/or Prize Providers in society or bring the Sweepstakes Entities and/or Prize Providers into public hatred, public disrepute, contempt, scorn, or ridicule, or that will tend to shock, insult or offend the community or public morals or decency or prejudice the Sweepstakes Entities and/or Prize Providers. In the event the Winner or Guest(s) engages in behavior that (as determined by Sweepstakes Entities and/or applicable Prize Provider in their sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, the Sweepstakes Entities and/or Prize Providers reserve the right to expel the Winner and their Guest(s)s from any of the events, or any portion thereof, listed in the Grand Prize description, terminate the Trip early and send the Winner and Guest(s) home with no further obligation related to the Grand Prize.

 

7. CONDITIONS OF PARTICIPATION/RELEASES: Sponsor, in its sole discretion, may designate the Administrator to handle winner selection and notification tasks on Sponsor’s behalf. Sponsor, in its sole discretion, may designate a travel agency to handle Prize fulfillment on Sponsor’s, or Prize Provider’s behalf. All federal, state and local laws and regulations apply. By participating, each Entrant agrees to be bound by these Official Rules and the decisions of the Sweepstakes Entities, which shall be final in all respects. Each Entrant (including each potential Winner and the Winners) hereby releases the Sweepstakes Entities, Prize Providers, and each of their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and prize suppliers and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the "Released Parties") from any and all actions, claims, injuries, death, losses or damages arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance or use of the Grand Prize and/or in any way related to the Grand Prize. Winner hereby grants to the Sponsor and its designees the irrevocable, royalty-free right and license to use their photo, video, name, voice, likeness, biographical data or information, city, state or territory/province of residence and entry materials in advertising, marketing, programming, research or promotional activities, worldwide in perpetuity, and on a winner's list, if applicable, without further compensation unless prohibited by law. Winner may be asked to participate in select publicity activities, as determined at the sole discretion of the Sweepstakes Entities. Sweepstakes Entities are not obligated to use any of the above-mentioned information or publicity materials but may do so and may edit such information or materials, at Sweepstakes Entities’ sole discretion, without further obligation or compensation. The Released Parties shall not be liable for: (i) any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the Grand Prize or resulting from acceptance, possession or use of a Grand Prize including participation in any activity or travel related thereto, or from participation in the Sweepstakes; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible Entries, communications or affidavits, regardless of the method of transmission; (v) any inability of Winner to accept or use any Grand Prize (or portion thereof) for any reason and such Grand Prize or portion thereof shall be forfeited; or (vi) any printing, typographical, human administrative or technological errors in any materials or activities associated with the Sweepstakes which are beyond the reasonable control of any of the Released Parties. Sweepstakes Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes. Sweepstakes Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Sweepstakes (or any portion of the Sweepstakes) at any time for any reason or should a virus, bug, computer problem, unauthorized intervention, extenuating circumstance or other problem/cause corrupt or inhibit the administration, security or proper play of the Sweepstakes and, in such situation, will select the Winners from eligible non-suspect Entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sweepstakes Entities. Sweepstakes Entities may prohibit Entrant from participating in the Sweepstakes or winning a Grand Prize if, in its sole discretion, it determines Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Entrants or Sweepstakes Entities representatives. ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SWEEPSTAKES ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.   BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY AWARD AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND 3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

 

8. INDEMNITY: Each Entrant (including each potential Winner and the Winner) shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) participation in the Sweepstakes; (b) a breach or allegation which if true would constitute a breach of any of the representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use of any  prize, including without limitation, personal injury, death and property damage arising therefrom.

 

9. DISPUTES: This Sweepstakes is governed by the laws of the United States and the State of Kansas, without respect to conflict of law doctrines. As a condition of participating in this Sweepstakes, participants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Missouri having jurisdiction. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (e.g. costs associated with entering), and participant further waives all rights to have damages multiplied or increased.

 

10. PRIVACY POLICY: Any personal information supplied by you to Sponsor will be subject to its privacy policy posted at www.topekachocolate.com/privacypolicy. By entering the Sweepstakes, Entrant grants Sponsor permission to collect, use and share Entrant’s email address and any other personally identifiable information with the other Sweepstakes Entities for the purpose of Sweepstakes administration and Grand Prize fulfillment.

 

11. WINNER’S LIST:  To obtain the winner’s name, send a request along with a stamped, self-addressed envelope to “Win an Branson Family Vacation Sweepstakes" Winner, 528 SE Adams St Topeka, KS 66607. Requests must be received no later than October 31, 2024.

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