America’s Yogurt Flavor Election Sweepstakes II

****OFFICIAL SWEEPSTAKES RULES****

Sponsor. The America’s Yogurt Flavor Election Sweepstakes II (the “Sweepstakes”) is sponsored by Stonyfield Farm, Inc. (“Stonyfield”), 10 Burton Drive, Londonderry, NH (the “Sponsor” or “we”).

Eligibility. Open to legal residents of the United States who 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).  Employees, officers, directors, agents, representatives and independent contractors (and their immediate family members and members of the same households (whether related or not) of Stonyfield or its parent, subsidiaries and affiliated companies are not eligible to participate. Subject to all federal, state and local laws and regulations. Void in Puerto Rico, and all other U.S. territories and possessions outside of the continental 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. 

PRIZE: One (1) Grand Prize winner will be selected at random to receive 365 coupons to purchase 365 6oz. cups of yogurt throughout the year (or an equivalent coupon value toward the purchase of other preferred Stonyfield Farm products.) That’s a cup a day for a whole year! Winner will be required to sign an Affidavit of Eligibility and return this document within seven (7) business days of notification attempt, or forfeit prize. If forfeited, another Grand Prize winner will be selected. Any applicable local, state or federal taxes are the sole responsibility of the winner. By participating, entrants release Stonyfield Farm, its parent company, affiliates, subsidiaries and agents, respective officers, director, employees and agents from any and all liability or responsibility for any claim arising in connection with participation in the Sweepstakes or any prize awarded.
Entry. The Sweepstakes begins at 12:01 a.m. Eastern Standard Time (EST) on September 3, 2008 and ends at 11:59 p.m. (EST) on October 21, 2008 (the “Sweepstakes Period”). All entries must be received no later than 11:59 p.m. EST on October 21, 2008. Entry is free, and no purchase is necessary to enter or win. Limit one entry per email address. There is one method of entry: Online. Go online to www.stonyfield.com/flavorelection directly and vote in our flavor election. Complete the entry form. Provide all requested information in the fields contained in the entry form. Grand prize winner will be selected on or before November 30, 2008.
Application of Rules. Submission of an entry automatically constitutes entrant’s agreement to be bound by these Official Rules.  Entrant agrees that Sponsor shall retain 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.

Release of Liability.  Each entrant agrees that Stonyfield, and its parent, subsidiaries or affiliated companies, their successors or assigns, and any and all of their respective officers, directors, shareholders, employees, agents, representatives and licensees 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, or acceptance or use of the prize awarded.

Indemnification.  Each entrant agrees to indemnify and hold harmless Stonyfield and its respective parent, subsidiaries or affiliated companies, their successors or assigns, and any and all of their respective officers, directors, shareholders, employees, agents, representatives and licensees from and against any loss, damage or expense (including court costs and attorneys’ fees) that they may suffer or incur as a result or in conjunction or connection with entrant’s participation in this Sweepstakes or any Sweepstakes-related activity, acceptance or use of any prizes.

Unlawful Conduct and Disqualification.  Sponsor reserves the right, in its sole discretion, to disqualify any entrant who it determines, in its sole discretion, has tampered with, or has attempted to tamper with, the submission process or the operation of the Sweepstakes or is in violation of these Official Rules.  Any attempt by a contestant to deliberately damage any web site or undermine the legitimate operations of the Sweepstakes may constitute 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 Damages.  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 ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES, OR ACCEPTANCE OR USAGE OF A PRIZE, 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 $1.00.

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 Sponsors to comply with any provision of this Official Rules due to an act of God, hurricane, war, terrorism, fire, riot, earthquake, actions of governmental authorities outside the control of the Sponsors or other force majeure event shall not be considered a breach of these Official Rules.

Amendments.  Sponsor reserves the right to suspend, cancel, terminate or modify the Sweepstakes without advance notice 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.

Governing Law; Jurisdiction; Venue.  These Official Rules shall be interpreted in accordance with New Hampshire law without regard to its conflicts of laws provisions.  Entrants agree 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 entrants’ participation in this Sweepstakes, and entrants’ consent to the personal jurisdiction and venue thereof.

Winners List.  For a copy of the winners list, send a self-addressed stamped envelope postmarked prior to December 31, 2008 to:  Stonyfield Farm, Inc., Attn: America’s Yogurt Election Sweepstakes II, 10 Burton Drive, Londonderry, NH 03053.  For a copy of the rules send a self-addressed stamped envelope to above address marked America’s Yogurt Election Sweepstakes II, Attn: Rules.