Contest Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT
INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND
MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
1. Eligibility
Sign up for Texts and Potentially Win a Free Whirley Pop (the "Contest") is open to legal
residents of the fifty (50) United States and the District of Columbia who are at least eighteen
(18) years old at the time of entry. Employees of Wabash Valley Farms, Inc and other companies
associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates
and advertising and promotion agencies as well as the immediate family (spouse, parents,
siblings, and children) and household members of each such employee are not eligible. The
Contest is subject to federal, state, and local laws and regulations.
2. Sponsor
The Contest is sponsored by Wabash Valley Farms, Inc, located at 6323 N 150 E, Monon
IN, Indiana 47959.
3. Agreement to Official Rules
Participation in the Contest constitutes entrant's full and unconditional agreement to and
acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding.
Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all
other requirements set forth herein.
4. Contest Period
The Contest begins on November 01, 2022 at 8:00am EST and ends on December 31,
2022 at 12:00pm EST (the "Contest Period"). Entries that are submitted before or after the
Contest Period will be disqualified. Submissions will be accepted for the duration of the Contest
using any of the following methods:
- - Text Message
5. How to Enter
Via Text Message: This method of entry will be available for the entire Contest Period.
Send a text message with WPOP from your handset to the short code 833-257-0469. In response
to this text message, an auto-reply will be sent to the device. Follow the directions provided in
the reply to confirm your entry. Standard text and data rates will be charged for each text
message sent or received from your handset according to the terms of your carrier. Check with
your wireless carrier for your handset capabilities and pricing plan details.
6. Prize Drawing
On or about November 30, 2022, the Sponsor will select the first potential winner in a
random drawing from among all eligible entries received. The odds of being selected depend on
the number of entries received. The Sponsor will attempt to notify the potential winner via
telephone or email on or about December 01, 2022. If the potential winner cannot be contacted
within five (5) days after the date of the first attempt to contact him/her, the Sponsor may select
an alternate potential winner in his/her place at random from the remaining non-winning, eligible
entries. The Sponsor will be selecting a potential winner in a random drawing on the last day of
each month through out the length of the contest.
7. Winner Notification
The potential winners will be notified by email, mail or phone. Each potential winner
(parent/legal guardian if a minor in his/her state of residence) will be required to contact Sponsor
via email or phone within five (5) days of the date notice or attempted notice is sent, in order to
claim his/her prize. If a potential winner cannot be contacted, or fails to respond within the
required time period (if applicable), or prize is returned as undeliverable, potential winner
forfeits prize. If the potential winner is at least 18 but still considered a minor in his/her
jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her
parent or legal guardian, who will be required to claim the prize on the potential winners behalf
and fulfill any other requirements imposed on winner set forth herein. Potential winners must
continue to comply with all terms and conditions of these Official Rules, and winning is
contingent upon fulfilling all requirements. In the event that a potential winner 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 three (3) alternate drawings will be held, after
which the prize will remain un-awarded. Prizes will be fulfilled approximately 8-10 weeks after
the conclusion of the Contest.
8. Prizes
Original Whirley Pop.
9. General Conditions
In the event that the operation, security, or administration of the Contest is impaired in
any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized
human intervention or other technical problem, or in the event the Contest is unable to run as
planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may,
in its sole discretion, either (a) suspend the Contest to address the impairment and then resume
the Contest in a manner that best conforms to the spirit of these Official Rules or (b) terminate
the Contest and, in the event of termination, award the prize at random from among the eligible,
non-suspect entries received up to the time of the impairment. The 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 Contest or to be acting in violation of these Official Rules or in an
unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or
undermine the legitimate operation of the Contest may be a violation of criminal and civil law,
and, should such an attempt be made, the Sponsor reserves the right to seek damages (including
attorney's fees) and any other remedies from any such person to the fullest extent permitted by
law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a
waiver of that provision.
10. Release and Limitations of Liability
By participating in the Contest, entrants agree to release and hold harmless the Sponsor,
and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies,
other companies associated with the Contest, and each of their respective officers, directors,
employees, shareholders, representatives, and agents (the Released Parties) from and against any
claim or cause of action arising out of participation in the Contest or receipt or use of the prize
(including any travel or activity related thereto), including, but not limited to: (a) any technical
errors associated with the Contest, including lost, interrupted or unavailable Internet Service
Provider (ISP), network, server, wireless service provider, or other connections, availability or
accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or
cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected
transmissions or computer hardware or software malfunctions, failures or difficulties; (b)
unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer,
human, printing or typographical errors; (d) or text messages; any other errors or problems in
connection with the Contest, including, without limitation, errors that may occur in the
administration of the Contest, the announcement of the winner, the cancellation or postponement
of the event and/or the flyover, if applicable, or text messages, or in any Contest-related
materials; or (e) injury, death, losses or damages of any kind, to persons or property which may
be caused, directly or indirectly, in whole or in part, from entrants participation in the Contest or
acceptance, receipt or misuse of the prize (including any travel or activity related thereto).
Entrant further agrees that in any cause of action, the Released Parties liability will be limited to
the cost of entering and participating in the Contest, and in no event shall the entrant be entitled
to receive attorney's fees. Released Parties are also not responsible for any incorrect or inaccurate
information, whether caused by site users, tampering, hacking, or by any equipment or
programming associated with or utilized in the Contest. Entrant waives the right to claim any
damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect
damages.
11. Disputes
Except where prohibited, each entrant agrees that any and all disputes, claims and causes
of action arising out of, or connected with, the Contest or any prize awarded shall be resolved
individually, without resort to any form of class action, and exclusively by the appropriate court
located in Indiana. All issues and questions concerning the construction, validity, interpretation
and enforceability of these Official Rules, entrants rights and obligations, or the rights and
obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in
accordance with, the laws of Indiana, without giving effect to any choice of law or conflict of
law rules, which would cause the application of the laws of any jurisdiction other than Indiana.
12. Privacy
Information collected from entrants is subject to sponsor's privacy policy.