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****OFFICIAL SWEEPSTAKES RULES****
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES
VOID WHERE PROHIBITED BY LAW
SWEEPSTAKES PERIOD: 4/20/21, 12:00 PM (ET) AND ENDS AT 4/23/21, 11:59 P.M. (ET)
Sponsor. The Wake Up Organic Sweepstakes (the “Sweepstakes”) is sponsored by Stonyfield Farm, Inc., 10 Burton Drive, Londonderry, NH (“Sponsor” or “Stonyfield”).
Eligibility. Open only to legal residents of the 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), and (ii) access to the Internet. 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, Sponsor’s parent and affiliated companies, Sponsor’s promotional sponsors, prize providers, and Sponsor’s advertising/promotion agencies, 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 has 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. Submission of an entry automatically constitutes entrant’s agreement to be bound by these Official Rules. Entrants further 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.
Sweepstakes Entry. The Sweepstakes begins at 12:00 PM Eastern Time (ET) on April 20, 2021 and ends at 11:59 PM (ET) on April 23, 2021 (the “Sweepstakes Period”). Sponsor’s computer is the official timekeeping device for this Sweepstakes. 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 only one (1) entry per entrant during the Sweepstakes Period regardless of whether entrant has more than one email address. Entries received in excess of the above stated limitation will be void.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
You may enter the Sweepstakes via the entry method described below. All entries must be received during the Sweepstakes Period. Only fully completed entries are eligible.
ENTRY METHOD: To enter, visit the Sweepstakes website, https://hello.stonyfield.com/wake-up-organic- 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 your preferred retailer for Stonyfield products; 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). All required elements of an entry must be submitted at the same time.
If there is a dispute over the identity of an entrant, the entry will be deemed submitted by the Authorized Account Holder regardless of the individual that submitted the entry. “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 submitted with the entry. The potential winner may be required to show proof of being the Authorized Account Holder.
By submitting an entry, 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 by contacting Sponsor through its Contact Us page located at http://www.stonyfield.com/contact-us.
Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. Entrants may not register with multiple e-mail addresses or telephone numbers nor may entrants use multiple devices or artifices to enter the Sweepstakes as multiple entrants. Any entrant who attempts to enter with multiple accounts under multiple identities will be disqualified in Sponsor's sole discretion. Proof of submission of an entry shall not be deemed proof of receipt by the Sponsor.
Neither Sponsor nor its service providers are responsible for lost, late, incomplete, illegible, mutilated, inaccurate, or 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/web site/use net 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. Sponsor is not responsible for any change of mailing address and/or telephone number of entrants. Entries not in compliance with these Official Rules will be 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.
Warranties and Representations. By submitting an entry, each entrant 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) entrant has all of the rights and authority necessary to submit the entry in the Sweepstakes in compliance with these Official Rules, including the right to contract in his/her own name and the right to grant the rights granted hereunder;
(c) at the time of submitting the entry or any time thereafter, the entry does not and will not contravene any contractual, legal or other obligation.
Selection of Winner. Each eligible entry submitted during the Sweepstakes Period will be entered into a random drawing to be held at the conclusion of the Sweepstakes Period. Three (3) potential winners will be selected at random by Sponsor, whose decision will be final and binding, from all eligible entries 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 may be forfeited and awarded to an alternate winner selected at random from the remaining eligible entries at Sponsor's discretion. An alternate winner will be selected at random from the remaining eligible entries until all prizes have been awarded.
Prize. One (1) prize to be awarded to each of the three (3) winners which will be comprised of the following: a one (1) month supply of Stonyfield yogurt quarts (32oz) which shall equal five (5) quarts with an ARV of $25.95; a one (1) month of Stonyfield Kids Multipack products which shall equal five (5) multipacks with an ARV of $22.95. one (1) $50.00 gift card to Orgain.com; one (1) 12-pack of Nature’s Path Coconut Chia Granola with an ARV of $53.88; one (1) $50.00 gift card to https://www.deathwishcoffee.com/; one (1) $156 gift card to https://www.coyuchi.com/.
The aggregate ARV for each one of the three (3) prizes is $358.78. Specifics relating to the prize not specified herein are at sole discretion of Sponsor. Gift card usage is subject to the issuing company’s terms and conditions, including expiration dates, if any. 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 cash value or substitution of the prizes 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 a lost or stolen prize. The winner is 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 and all prizes 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.
Notice/Verification of Potential Winner. The potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements and verification by Sponsor of eligibility. Sponsor will attempt to notify the entrant who is selected as a potential winner by e-mail within three (3) business days of their respective selection. If an entrant does not respond to such notification within two (2) business days or cannot or refuses to accept the prize, or any portion thereof, the prize will be forfeited and an alternate potential winner will be selected at random from the remaining eligible entries. Sponsor 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.
Affidavit of Eligibility and Release/Delivery of Prize. Each 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 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 motor freight and shipped four to six weeks from 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. 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.
Suspension and Amendments. Sponsor reserves the right to (i) suspend, modify or cancel this Sweepstakes, at any time in its sole discretion, if the Sweepstakes cannot be operated as planned or in the event any computer virus, worm, bug, tampering, unauthorized intervention, fraud, technical failures or other errors or problems beyond Sponsor's control should corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, or for any other reason and, if this Sweepstakes is cancelled, to select a winner from among the eligible entries in the Sweepstakes drawing prior to the cancellation date or to re- commence the Sweepstakes, 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 on the Sweepstakes Website, located at https://hello.stonyfield.com//summer-at-home-sweepstakes/week-2 if Sponsor determines, in its sole discretion, that there is an insufficient number of eligible Sweepstakes entries or in the event of unexpected difficulties or other causes beyond Sponsor's control.
Announcement of Winners. 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 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.
Use of Name and Likeness of Winners. 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 https://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.
Release of Liability. Each Sweepstakes entrant agrees that Sponsor and Sponsor’s parent, subsidiaries and/or affiliated companies, their 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 this 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. Each entrant agrees to release and discharge, and hereby releases and discharges, the Released, 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 Sweepstakes 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 they may suffer or incur as a result, directly or indirectly, of or in connection with entrant’s participation in the Sweepstakes or any Sweepstakes-related activity, receipt, acceptance and/or use 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.
Unlawful Conduct and Disqualification. Sponsor reserves the right, in its sole discretion, to disqualify any entrant who Sponsor determines, in its sole discretion, has (a) tampered with the entry process or the operation of the Sweepstakes or of any web site owned, operated or controlled by Sponsor or its parent, subsidiaries or affiliated companies; (b) was ineligible to participate in the Sweepstakes; (c) submitted more than the allowed number of entries; or (d) 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.
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SPONSOR BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS OR HARM TO BUSINESS OR REPUTATION, ARISING OUT OF ENTRANTS’ PARTICIPATION IN THE SWEEPSTAKES, USE OF ANY PHOTO PROVIDED BY ENTRANTS, POSTING ON OR ACCESS AND/OR DOWNLOAD OF ANY MATERIALS OR INFORMATION FROM ANY WEB SITE OWNED, OPERATED OR CONTROLLED BY SPONSOR OR ITS PARENT OR AFFILIATED COMPANIES, OR ACCEPTANCE OR USAGE OF A PRIZE OR ANY PORTION THEREOF, AND INCLUDING WITHOUT LIMITATION DAMAGE TO PROPERTY AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAMAGES FOR BODILY OR PERSONAL INJURY, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. ENTRANT AGREES THAT THE AGGREGATE LIABILITY OF SPONSOR ARISING OUT OF ANY KIND OF CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED $100.00. LIMITATIONS OR EXCLUSIONS OF LIABILITY SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.
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 Sponsor to comply with any provision of this Official Rules due to an act of God, hurricane, war, terrorism, fire, riot, earthquake, pandemic, actions of governmental authorities outside the control of Sponsor or other force majeure event shall not be considered a breach of these Official Rules.
Governing Law; Jurisdiction; Venue; Limitation of 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 (SUBJECT TO THE LIMITATION OF LIABILITY PROVISION ABOVE) AND WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
Official Rules and Name of Winners. To obtain the name of the Sweepstakes winner (after the conclusion of the Sweepstakes) and/or a copy of the Official Rules, send a self-addressed stamped envelope to: Stonyfield Farm, Inc., 10 Burton Dr., Londonderry, NH 03053, Attn: Wake Up Organic Sweepstakes. Please specify “Name of Winners” or “Official Rules” in your request.