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****OFFICIAL SWEEPSTAKES RULES****
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY
TO ENTER OR WIN THIS SWEEPSTAKES
VOID WHERE PROHIBITED BY LAW
SWEEPSTAKES PERIOD: 08/25/21, 12:00 P.M. (ET) AND ENDS AT 09/13/21, 11:59 P.M. (ET)
Sponsor. The Stonyfield #SFKeepItReal Sweepstakes (the “Sweepstakes”) is sponsored by Stonyfield Farm, Inc., 10 Burton Drive, Londonderry, NH (“Sponsor”). The Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with, Instagram.
Eligibility. Open only to legal residents of the 50 United States (excluding Alaska, Hawaii, Puerto Rico and all other U.S. territories and possessions outside of the United States and where otherwise prohibited by law) who (i) are 18 years of age or older at the time of entry in the Sweepstakes (or in the case of legal residents of jurisdictions where the age of majority is greater than 18 years of age, such age of majority under the laws of the jurisdiction in which they reside at the time of entry); (ii) have access to the Internet; and (iii) have a valid, public Instagram account in good standing as of the time of entry. Employees, officers, directors, agents, representatives, and independent contractors (and their immediate family members and members of the same households (whether related or not)) of Sponsor and its parent, subsidiaries, and affiliated companies, are not eligible to participate. Subject to all federal, state, and local laws and regulations. Void in Alaska, Hawaii, Puerto Rico and all other U.S. territories and possessions outside of the United States and where prohibited by law or restricted by such laws, including but not limited to jurisdictions with laws that would require registration and/or trust account or posting of a bond, or any other requirements that have not been satisfied.
Application of Rules. By entering the Sweepstakes, each entrant warrants that he/she/they has/have read and agrees to abide and be bound by these Official Rules and that he or she is not prohibited from participating in the Sweepstakes. Entrant agrees that Sponsor retains full authority, in its sole discretion, to interpret and administer these Official Rules, and to be bound by all decisions and interpretations made in good faith by Sponsor. Sponsor shall have the absolute right to determine if an entry is in compliance with these Official Rules without notice to the person attempting to enter.
Entry. The Sweepstakes begins at 12:00p.m. Eastern Time (ET) on 08/25/21 and ends at 11:59 p.m. (ET) on 09/13/21 (the “Sweepstakes Period”). By entering the Sweepstakes, each entrant agrees to these Official Rules and the decisions of Sponsor, which are final and binding in all respects. Entry is free, and no purchase or payment of any kind is necessary to enter or win the Sweepstakes. Limited to two (2) entries, one (1) entry per entry method per entrant during the Sweepstakes Period regardless of whether entrant has more than one (1) email address. All entries in excess of this limit will be deemed void.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE THE CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
Sweepstakes may be entered via the entry methods described below. All required elements of an entry must be submitted at the same time as only fully completed entries are eligible. All entries must be received within the Sweepstakes Period.
Via Sweepstakes Website. To enter, visit the Sweepstakes website: hello.stonyfield.com/keep-it-real-sweepstakes (“Sweepstakes Website”) during the Sweepstakes Period. Navigate to the Sweepstakes entry page. Follow the instructions on the entry page and accurately and truthfully: (i) complete the entry form, including your full name, e-mail address, telephone number, residential address zip code, and preferred retailer; and (ii) confirm that you are 18 years of age or older at the time of entry in the Sweepstakes (or in the case you reside in a jurisdiction where the age of majority is greater than 18 years of age such age of majority under the laws of that jurisdiction) and that have read and agree to abide by these Official Rules. No other elements are required to enter.
If there is a dispute regarding the identity of the person submitting an online entry via the Sweepstakes Website, the entry will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry, regardless of the individual that submitted the entry. For online entry purposes, the authorized account holder is the natural person who is assigned the e-mail address by the Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning the e-mail addresses for the domain associated with the e-mail address submitted with the entry. The potential winner may be required to show proof of being the authorized account holder.
By submitting an entry via the Sweepstakes Website, each entrant opts in to receive via e-mail Sponsor’s newsletter and/or other information related to Sponsor’s products, programs and/or promotional activities. An entrant may opt-out/unsubscribe from such communications at any time by checking the unsubscribe link located within each e-mail communication received from Sponsor. An entrant may also opt-out of receiving these communications at any time by contacting Sponsor through its Contact Us page located at https://www.stonyfield.com/contact-us.
Via Instagram. To enter via Instagram, post a picture of your parenting fail or win when getting your children ready for school on your Instagram account (“Entry Photo”), tag @Stonyfield, and use #SFKeepItReal in your description, during the Sweepstakes Period. Limit one (1) entry per Instagram account during the Sweepstakes Period. Entries received in excess of the above stated limitation will be void. Sponsor’s computer clock is the official timekeeping device of the Sweepstakes. The Entry Photo must be compliant with the Entry Photo Requirements set forth in these Official Rules.
By submitting the Entry Photo, each Sweepstakes participant grants Sponsor the right and license to repost or otherwise share the Entry Photo on Sponsor’s Instagram sites located at www.instagram.com/stonyfield in connection with the Sweepstakes.
Each Sweepstakes participant understands and acknowledges that his/her/their respective Entry Photo will receive exposure on the Internet, and may be subjected to comments from the public at large. Sponsor is not responsible for any remarks, including any critical or derogatory remarks, posted by the public pertaining to a participant or a participant’s Entry Photo.
If there is a dispute over the identity of an entrant, the entry will be deemed submitted by the Authorized Instagram Account Holder associated with the username used to enter via Instagram. The Authorized Instagram Account Holder is defined as the natural person to whom the Instagram account is assigned by Instagram, respectively. Participant, under this method, must enter using only an Instagram account subscribed to and registered in participant’s name. The potential winner may be required to provide Sponsor with proof that he/she/they is/are the authorized account holder of the Instagram account associated with the winning entry. If a dispute cannot be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible.
All entry posts via Instagram must comply with the Instagram Terms of Use available at http://instagram.com/legal/terms/#, including any technical requirements (e.g., file size limits for uploaded photographs or character restrictions), and Instagram Community Guidelines available at https://help.instagram.com/477434105621119?helpref=page_content. In addition, your account must be a “public” Instagram account in order for your entry to be viewed by Sponsor.
Entries that have been generated by a script, macro, bot, or any other automated means will be deemed void. Participants may not register with multiple Instagram accounts nor may entrants use multiple devices or artifices to enter the Sweepstakes multiple times or as multiple entrants. Any entrant who attempts to enter with multiple accounts under multiple identities will be disqualified in Sponsor's discretion. Proof of submission of an entry shall not be deemed proof of receipt by the Sponsor.
All comments posted to enter the Sweepstakes must be in keeping with the Sponsor's positive image and may not be offensive or inappropriate, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity or privacy rights of any person, living or deceased, or entity, or otherwise infringe upon any person’s or entity's personal, intellectual property or property rights or any other third-party rights. Comments must be suitable for online publication accessible to the general public. Sponsor reserves the right to eliminate any entries that it determines, in its sole discretion, contain inappropriate content or content that may be deem obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or unlawful, including, without limitation, obscenities, threats, violence, unsafe behavior or situations, or disparagement of any product, service or person.
Neither Sponsor nor its advertising and promotion agencies are responsible for lost, late, incomplete, illegible, inaccurate, misdirected entries, or for any problems of any kind whether mechanical, human or electronic, including, but not limited to, computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, or service provider/Internet accessibility or availability, traffic congestion, or unauthorized human intervention. Sponsor reserves the right to suspend or terminate the Sweepstakes in the event of any such problem. Entries not in compliance with these Official Rules are disqualified. Sponsor shall have the absolute right to determine if an entry is in compliance with these Official Rules without notice to the person attempting to enter.
Entry Photo Requirements When Entering Via Instagram. Each Sweepstakes participant must be the owner of the Photo submitted with the entry, including the copyright therein, or must have all of the rights and authority necessary to submit it with his/her/their entry, including without limitation the right to publish the Photo and to grant the rights granted hereunder. The Entry Photo may not contain any animals (other than Sweepstakes participant’s own pet), nor any mention, discussion, logo, company name, products, trademark, service mark, storefront, trade dress, mascot, photograph, or other image of any business or company, except for Sponsor’s and/or its brands. The Photo may not include any property names or physically identify a property by photographing their front sign or any other unique identifying feature or distinguishable architecture.
The Entry Photo posted to enter the Sweepstakes must be in keeping with the Sponsor's positive image, must be suitable for online publication accessible to the general public, and may not be offensive or inappropriate, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity or privacy rights of any person or entity, or otherwise contravene or infringe upon the intellectual property rights, moral rights, property rights or any other rights of third parties. Sponsor reserves the right to eliminate any entries that it determines, in its sole discretion, contain inappropriate content or content that may be deem obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or unlawful, including, without limitation, obscenities, threats, violence, unsafe behavior or situations, or disparagement of any product, service or person.
In addition to complying with the foregoing requirements, to be eligible, each contestant must also be able to make the warranties and representations regarding the Entry Photo submitted with his/her/their entry, set forth in the Warranties and Representations section below.
Warranties and Representations. By submitting an entry, including the Entry Photo submitted with it if entering via Instagram method, each Sweepstakes participant warrants and represents to Sponsor that (a) the information contained in the entry is true and correct in all material respects and that Sponsor may rely on such information in its efforts to comply with applicable laws and regulations; (b) participant has all of the rights and authority necessary to submit the Entry Photo for entry in the Sweepstakes in compliance with these Official Rules, including the right to contract in his/her/their own name, the right to publish the Entry Photo, and the right to grant the rights granted hereunder; (c) that the Entry Photo and the above-mentioned rights are in all respect free and clear of any claims or rights of third parties; (d) that any pet appearing in the Entry Photo is participant’s own pets; (e) that the Sweepstakes participant is the parent or legal guardian of any minor children appearing in the Entry Photo and the Sweepstakes participant has the right to and agrees to allow Stonyfield the right to publish, repost, or otherwise use the Entry Photo containing the minor child/children; (f) that at the time of submitting the entry or any time thereafter, the entry does not contravene any contractual, legal, or other obligation; (g) that at the time of submitting the entry or any time thereafter, the entry Photo does not infringe the intellectual property rights of any third party; (h) that the Entry Photo contains no matter contrary to law; (i) that the Entry Photo and its publication do not and will not violate any privacy, publicity or other intellectual property, personal or proprietary rights of any person or entity; and (j) that the Entry Photo does not incorporate/display or refer to third party trademarks, company names, products or logos except for Sponsor’s and/or its brands.
Use of Entrant Information. As permitted by law and in accordance with these Official Rules, each Sweepstakes entrant agrees that Sponsor may use the information that entrant provides in connection with the Sweepstakes for the purposes and within the context of the Sweepstakes and for Sponsor's internal purposes. In the event of a conflict between these Official Rules and Sponsor’s Privacy Policy available at http://www.stonyfield.com/privacy-policy, to the extent it may apply, these Official Rules will control.
Prize. One (1) winner will receive a prize comprised of the following:
One (1) six-month supply of Stonyfield yogurt (twenty-four (24) 8-packs of Stonyfield yogurt tube products, twenty-four (24) 6-packs of Stonyfield drinkable yogurt products, twenty-four (24) 4-packs of Stonyfield yogurt Topper products – ARV $359.28); two Stonyfield branded t-shirts – ARV $50.00; two (2) Stonyfield branded hats – ARV $30.00; and three (3) cow ice packs – ARV $15.00. The aggregate ARV of this prize package is $454.28. Specifics relating to the prize not specified herein are at sole discretion of Sponsor. The winner is solely responsible for any costs and expenses due in connection with the prize not specified herein. The prize may not be transferred or assigned, except at the Sponsor's sole discretion. No cash value or substitution of the prize will be permitted or provided, except that Sponsor, in its sole discretion, may provide a prize of comparable or greater value. The winner is solely responsible for reporting and paying any and all applicable federal, state and local taxes due in connection with the prize. Receipt of the prize is conditioned upon compliance with all applicable federal, state and local laws, rules and regulations and these Official Rules. Sponsor will not replace a lost or stolen prize.
The winner is solely responsible for any costs and expenses incidental on or due in connection with the prize not specified herein. The prize may not be transferred or assigned, except at the Sponsor's sole discretion. No substitution of the prize will be permitted or provided, except that Sponsor, in its sole discretion, may provide a prize of comparable or greater value. Sponsor specifically reserves the right in its sole discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable, in whole or in part, for any reason. Sponsor will not replace lost or stolen prize. The winner are solely responsible for reporting and paying any and all applicable federal, state, and local taxes due in connection with their respective prize. The winner will be required to complete and submit an IRS Form W-9 for receipt of any prize awarded to them valued at $600 or more. Failure to submit a complete IRS Form W-9 when required will result in forfeiture of the prize. Receipt of any prize is conditioned upon compliance with all applicable federal, state, and local laws, rules and regulations and these Official Rules.
Selection of Winner and Notification. A potential winner will be selected at random by Sponsor, whose decision will be final and binding, from all eligible entries received during the Sweepstakes Period from all methods of entry within five (5) business days after the Sweepstakes Period ends. Odds of winning depend on the number of eligible entries. In the event a winning entry is discovered to be invalid for any reason whatsoever or the entrant either fails to comply with these Official Rules prior to delivery of the prize or refuses the prize, or any portion thereof, the prize will be forfeited and awarded to an alternate winner selected at random from the remaining eligible entries at Sponsor’s sole discretion. An alternate winner will be selected at random from the remaining eligible entries until all of the prize have been awarded. The decisions of the Sponsor are final and binding.
Depending on entry method used by the potential winner, Sponsor may contact a potential winner:
shall not be responsible for (i) the failure of a potential winner to receive Sponsor's e-mail for any reason, or for the inability of such potential winner to return Sponsor's e-mail message for any reason; (ii) failed, returned or misdirected notifications due to inaccurate information provided by entrant; or (iii) submissions and responses to a winner’s notification which are lost, late, incomplete, illegible, unintelligible, misdirected, damaged or otherwise not received, in whole or in part, by Sponsor. The potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Sponsor reserves the right to require the potential winner to show proof of identity prior to receiving any prize.
Upon contacting a potential winner and determining that he/she/they has/have met all eligibility requirements for the Sweepstakes, including without limitation the execution of an affidavit of eligibility and liability/publicity release (except where prohibited by law) and completion of such other documents as Sponsor may reasonably require in order to claim his/her/their prize, if applicable, such individual will be declared the "winner" of the Sweepstakes.
Sponsor shall not be responsible for (i) the failure of a potential winner to receive Sponsor's notification for any reason, or for the inability of such potential winner to respond to Sponsor’s notification for any reason; (ii) failed, returned or misdirected notifications due to inaccurate information provided by an entrant; (iii) submissions and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, misdirected, damaged or otherwise not received, in whole or in part, by Sponsor.
Affidavit of Eligibility and Release/Delivery of Prize. The potential winner may be required to sign and return to Sponsor, within two (2) business days from the date the request is made, an affidavit of eligibility and liability/publicity release (except where prohibited by law) and to complete such other documents as Sponsor may reasonably require in order to claim his/her/their prize, if applicable. If these documents are returned as undeliverable or if a potential winner fails to sign and return the affidavit of eligibility and liability/publicity release (if applicable), and to complete such other documents as Sponsor may reasonably require within the required time period, or if a potential winner does not meet the eligibility or other requirements of the Sweepstakes, the prize will be forfeited and an alternate potential winner will be selected at random from among all remaining eligible entries. The prize will be delivered by UPS or USPS delivery within thirty (30) days of Sponsor’s receipt of the documents that may be required by Sponsor to be completed and signed by the potential prize winner. Sponsor shall not be responsible for delivery of any documents and/or the prize or prize-related materials and information provided that they are sent to the addresses provided by the potential winner. Sponsor is not responsible for prize information or documents that are lost or misdelivered by the postal service or carrier to the extent applicable.
Release of Liability. By participating in the Sweepstakes, each entrant, for himself/herself agrees that Sponsor, and its parent, subsidiaries and affiliated companies, and their respective successors and assigns, and any and all of their respective officers, directors, shareholders, employees, agents, representatives, licensees, and advertising and promotion agencies (collectively, the “Released Parties”), shall not be liable for any personal injury, death, loss or damage of any kind or any other causes of action or claims related to entrant’s participation in the Sweepstakes, any Sweepstakes-related activity, or acceptance or use of the prize awarded, or any portion thereof, and/or based on publicity rights, defamation or invasion of privacy. By participating in the Sweepstakes, each entrant agrees to release and discharge, and hereby releases and discharges, for himself/herself, the Released Parties from any liability arising from or related to the Sweepstakes, including without limitation, liability arising from or related to claims for personal injury, death, property damage, or claims based on publicity rights, defamation, or invasion of privacy.
Indemnification. Each entrant agrees to indemnify, defend and hold harmless the Released Parties from and against any loss, damage or expense (including court costs and attorneys’ fees) that any or all of them may suffer or incur as a result, directly or indirectly, of, or in conjunction or connection with entrant’s participation in the Sweepstakes, any Sweepstakes-related activity, receipt, acceptance, use and/or enjoyment of the prize awarded, or any portion thereof, and/or any breach or alleged breach of any warranty or representation made by entrant in connection with the Sweepstakes.
Announcement of Winner. The winner will be announced and posted by Sponsor on the Sweepstakes Website located at https://www.stonyfield.com/winners, following the completion of the Sweepstakes and verification of the winner. The winner may also be announced on Sponsor’s Facebook, Twitter and/or Instagram sites currently located at www.facebook.com/stonyfield, www.twitter.com/stonyfield, and/or www.instagram.com/stonyfield.
Use of Winner’s Names and Likeness. By submitting an entry, each entrant, acknowledges and agrees that, if selected as a winner, Sponsor may post entrant’s first name and state of legal residence on www.stonyfield.com and/or Sponsor’s Facebook, Twitter and/or Instagram sites currently located at www.facebook.com/stonyfield, www.twitter.com/stonyfield, and/or www.instagram.com/stonyfield. A winner who accepts a prize will be deemed thereby to have granted to Sponsor the right, at any time and from time to time, to print, publish, broadcast and use, worldwide and in any media now known or hereafter developed, including but not limited to, the Internet and world wide web, the winner’s name, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration, or right of review or notification, except where prohibited by law, and to have agreed to provide documentation in writing to confirm the foregoing promptly upon request by Sponsor.
Unlawful Conduct and Disqualification. Sponsor reserves the right, in its sole discretion, to disqualify any Sweepstakes entrant who Sponsor determines, in its sole discretion, has (i) tampered with the entry process or the operation of the Sweepstakes or of any website owned, operated or controlled by Sponsor or its parent, subsidiaries or affiliated companies; (ii) was ineligible to participate in the Sweepstakes; (iii) submitted more than the allowed number of entries; or (iv) otherwise acted in an unlawful manner and/or in violation of these Official Rules. Robotic, automated, programmed, or computer-generated entries or mechanical reproductions are prohibited, and any use of such devices or entry methods will cause disqualification. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operations of the Sweepstakes is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law and to disqualify such entrant from the Sweepstakes.
Suspension/Amendments. Sponsor reserves the right to (i) suspend, cancel, terminate or modify the Sweepstakes without advance notice as required by law and/or in the event Sponsor believes, in its sole discretion, that any computer virus, worms, bugs, tampering, spamming, unauthorized intervention, fraud, technical failures or other errors or problem beyond Sponsor’s control could corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, and thereafter to re-commence such Sweepstakes, if at all, only at such time(s) and upon such terms and conditions as Sponsor shall deem reasonable under the circumstances; and (ii) extend the Sweepstakes Period, by providing notice via Instagram if Sponsor determines, in its sole discretion, that an insufficient number of eligible Sweepstakes entries has been received or in the event of unexpected difficulties or other causes beyond Sponsor’s reasonable control.
Severability. If any one or more provisions of these Official Rules are held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the validity, effect or enforcement of any other provision or provisions of these Official Rules.
Force Majeure. The failure of the Sponsor to comply with any provision of this Official Rules due to an event outside the control of Sponsor, including, without limitation, natural disaster (e.g., fire, flood, earthquake or elements of nature), acts of God, actions, decrees or orders of governmental bodies, pandemics, acts of war, riots, civil disorders, or terrorism, shall be excused and not considered a breach of these Official Rules.
Governing Law; Jurisdiction; Venue; Limitation of Liability and Damages. These Official Rules shall be interpreted in accordance with New Hampshire law without regard to its conflicts of laws provisions. Each entrant agrees that the state and federal courts located in New Hampshire shall have exclusive jurisdiction over any dispute arising from or relating to these Official Rules, this Sweepstakes or entrant’s participation in this Sweepstakes, and entrant’s consent to the personal jurisdiction and venue thereof. ALL DISPUTES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT INCLUDE ATTORNEYS’ FEES, AND UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
Winner’s Name/Official Rules. To obtain the name of the official winner (after the conclusion of the Sweepstakes) or a copy of these Official Rules, send a self–addressed envelope with the proper postage affixed postmarked to: Stonyfield Farm, Inc., Attn: Stonyfield #SFKeepItReal Sweepstakes, 10 Burton Drive, Londonderry, NH 03053. Please specify "Winner’s Names" or "Official Rules" in your request.
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