MAKE EARTH COOL AGAIN HOLIDAY GIVEAWAY PROMOTIONAL OFFER

To redeem this promotional offer (the “Offer”, “Promotion” or “Giveaway”) to receive a Stonyfield Make Earth Cool Again Baseball Hat (the “Hat”) go to https://hello.stonyfield.com/make-earth-cool-again-hat- giveaway during the Promotion Period – 12:00 p.m. (EST) December 3 2020 to 12:00 p.m. (EST) December 4 2020, then follow the Instructions set forth below. Restrictions and Terms and Conditions apply.


SUPPLIES ARE LIMITED. OFFER AVAILABLE ONLY WHILE SUPPLIES LAST.

INSTRUCTIONS

1. Visit https://hello.stonyfield.com/make-earth-cool-again-hat-giveaway ("Promotion Website")  during the Promotion Period - 12:00 p.m. (EST) December 3 2020 to 12:00 p.m. (EST) December 4 2020.
2. Register to create an account on the Promotion’s Website by completing the registration form.  Enter your full name, e-mail address, mailing address, and your preferred retailer for Stonyfield  products. Verify that you are 18 years old or of the age of majority in your state of residence,  whichever is older, as of the date of registration. To finish your registration, click on the check box to affirm that you agree to the Terms and Conditions. If you do not agree to the Terms and  Conditions, do not participate in the Promotion.                   

3. We have the absolute right to determine if the submission is in compliance with these Instructions and Terms and Conditions set forth below.


TERMS AND CONDITIONS

a. SUPPLIES ARE LIMITED. OFFER AVAILABLE ONLY WHILE SUPPLIES LAST.

b. The Promotion starts at 1:00 p.m. Eastern Standard Time (EST) on 12:00 p.m. (EST) December 3 2020 to 12:00 p.m. (EST) December 4 2020 (the "Promotion Period").

c. A submission compliant with the above Instructions and these Terms and Conditions must be received by us within the Promotion Period.

d. LIMIT TO ONE (1) HAT PER HOUSEHOLD.

e. You must be of the age 18 or the age of majority in your state of residence, whichever is older, at the time of registration to redeem the Offer.

f. No groups, clubs, organizations, restaurants, or other commercial entities may participate in the Promotion. Stonyfield’s or its affiliates’ employees, directors, and officers, and any advertising or promotional agencies involved in the administration of the Offer, and the immediate family members and those living in the same household of such persons (whether related or not) are not eligible to participate in the Promotion. Proof of age, identity, and eligibility must be furnished upon request. All entry information must be complete and accurate.

g. We will not provide a Hat to anyone not meeting eligibility requirements at the time of registration.

h. Subject to supplies being available and compliance with the Instructions and the Terms and Conditions, the Hat will be shipped to the address provided by you. Please allow 2-4 weeks for delivery. We are not responsible for lost, misdirected or stolen mail.

i. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE HAT, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

j. An account must be set up online. Any data or connection rates or any other fees incurred from cellular, wireless, or internet service providers while participating  in the Offer are your sole responsibility. We are not responsible for submissions not received due to difficulty accessing the internet, service outage or delays, computer difficulties, and other technological problems. Nor are we responsible for lost, misdirected or stolen mail.

k. If there is a dispute over the identity of the individual registering, the registration will be deemed submitted by the Authorized Account Holder regardless of the individual that submitted the registration. "Authorized Account Holder" is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) responsible for assigning e-mail addresses for the domain associated with the e-mail address provided when registering. Proof of being the Authorized Account Holder may be required.

l. By registering, you opt in to receive via e-mail Sponsor’s newsletter and/or other information related to our products, programs and/or promotional activities. You may opt-out/unsubscribe from such communications at any time by checking the unsubscribe link located within each e-mail communication received from us. You may also opt-out of receiving these communications by contacting us through our Contact Us page located at https://www.stonyfield.com/contact-us/. In the event of a conflict between these Terms and Conditions and our Privacy Policy, these Terms and Conditions will control.

m. No substitutions or rain checks, except that we reserve the right to substitute the Hat for an item of comparable value.

n. Stonyfield can modify or terminate the Offer at any time without notice.

o. Offer available only to residents of the 50 United States and District of Columbia.

p. All Terms and Conditions are applicable to the extent permitted by law. Void where prohibited.

q. The Promotion is not to be combined with any other offer. We have the right, in our sole discretion, to disqualify any individual found to be tampering with the operation of the Promotion or any website, or to be acting in violation of these Terms and Conditions. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Promotion will void any attempted participation effected by such methods. If, for any reason, the Promotion (in whole or in part) in our sole opinion is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which we, in our sole opinion deem could corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, we may cancel, terminate, modify or suspend the Promotion and/or proceed with the Promotion in a manner deemed by us, in our sole discretion to be fair,  will be posted at the Promotion’s Website. We are not responsible for any typographical or other error in the printing of and/or the administration of the Offer.

r. Except where prohibited by law, participants release us, the promotion administrator, reward suppliers, advertising and promotional agencies, and any and all of their respective officers, directors, shareholders, employees, agents, representatives, and licensees (collectively, the “Released Parties”) from any and all claims, demands, fees, losses or damages of any of nature resulting in whole or in part, directly or indirectly, out of or in connection with participant’s participation in this Promotion and/or acceptance, use or misuse of the

s. By receipt of the Hat, the participant agrees to indemnify and hold harmless the Released Parties from and against any and all claims, demands, fees, losses or damages of any of nature, including, without limitation, loss or damage to property and/or injury to persons, including death, or expense (including court costs and attorneys’ fees) that they may suffer or incur as a result of or in connection with participant’s participation in the Promotion.

t. By participating in the offer you agree that Under no circumstances, including negligence, shall THE RELEASED PARTIES be liable for any direct, incidental, indirect, special, consequential, EXEMPLARY or punitive damages, including but not limited to loss of profits or harm to business or reputation, arising out of your participation in the PROMOTION, posting on or access and/or download of any materials or information from any web site owned, operated or controlled by ANY RELEASED PARTY, or acceptance, use or misuse of THE HAT. You agree that, to the maximum extent permitted by law, the aggregate liability of THE RELEASED PARTIES arising out of any kind of claim (whether in contract, tort, or otherwise) shall not exceed $1.00.

u. Released Parties are not responsible for lost, late, incomplete, misdirected, or undeliverable e-mail, mail, or parcel delivery, or registrations, or for any computer, programming, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/Website/use net accessibility, availability, or traffic congestion, or any technical error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information.

v. If any one or more provisions of these Terms and Conditions 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 Terms and Conditions.

w. Our failure to comply with any provision of this Terms and Conditions due to an act of God, hurricane, war, terrorism, fire, riot, earthquake, pandemic, actions of governmental authorities outside our control or other force majeure event shall not be considered a breach of these Terms  and Conditions.

x. These Terms and Conditions shall be interpreted in accordance with New Hampshire law without regard to its conflicts of laws provisions to the extent that the application of the laws of another jurisdiction would be required thereby. You agree that the state and federal courts located in New Hampshire shall have exclusive jurisdiction over any dispute arising from or relating to these Terms and Conditions, the participant’s participation in the Promotion, and participants consent to the personal jurisdiction and venue thereof.