|
THE STONYFIELD KABOOM! DOUBLE PLAY PROGRAM
**** OFFICIAL RULES ****
VOID WHERE PROHIBITED BY LAW
Entry Form
Program Sponsors. The Stonyfield KaBOOM! Double Play Program (the “Program”) is organized by Stonyfield Farm, Inc. (“Stonyfield”), 10 Burton Drive, Londonderry, NH and KaBOOM!, 4455 Connecticut Ave., NW Suite B100, Washington, D.C. 20008 (collectively, the “Sponsors” or “we”).
Eligibility. Open to (a) any accredited public, private or parochial school that is organized and operates primarily for educational purposes, has tax-exempt status, is located in the continental United States (excluding Puerto Rico and all other U.S. territories and possessions outside of the continental United States and where otherwise prohibited by law) and has fifty (50) or more students; and (b) any youth organization, whose members are under the age 18, has tax-exempt status, works with and for youth, is located in the continental United States (excluding Puerto Rico and all other U.S. territories and possessions outside of the continental United States and where otherwise prohibited by law), has fifty (50) or more members, and does not exclude members on the basis of race, color, sexual orientation, national origin, religious views or disability. 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. Subject to all federal, state and local laws and regulations.
Application of Rules. All entrants must review and agree to these Official Rules. Submission of an entry automatically constitutes entrant’s agreement to be bound by these Official Rules. Entrants agree that the Sponsors shall retain full authority, in their sole discretion, to interpret and administer these Official Rules, and to be bound by all decisions and interpretations made in good faith by the Sponsors.
Submission Period. The Program begins at 12:01 a.m. Eastern Standard Time (EST) on October 1, 2008 and ends at 11:59 p.m. (EST) on December 31, 2008 (the “Program Period”). All entries must be post marked no later than 11:59 p.m. EST on December 31, 2008. Submissions must be post marked between October 1, 2008 at 12:01 p.m. ET, and December 31, 2008 at 11:59 p.m. ET (the "Submission Period"). No more than one (1) entry per school or youth organization is allowed during the Submission Period.
Sponsors are not responsible for any incomplete, late, delayed, misdelivered, lost, damaged, stolen or undelivered entries, or otherwise not timely or accurately received within the Submission Period or difficult to interpret or understand. Such entries shall not be eligible for a prize. Sponsors will not deliver any notice of such ineligibility.
Sponsors reserve the right to (i) suspend, modify or cancel this Program, at any time in their sole discretion, if the Program cannot be operated as planned or in if any computer virus, worm, bug, tampering, unauthorized intervention, fraud, technical failures or other errors or problem beyond Sponsors’ control could corrupt or affect the administration, security, fairness, integrity or proper conduct of the Program, or for any other reason and, if this Program is cancelled, to select a winner from among the eligible entries received prior to the cancellation date or to re-commence such Program, if at all, only at such time(s) and upon such terms and conditions as Sponsors shall deem reasonable under the circumstances; and (ii) extend the Program Period and Submission Period, by providing notice on the Stonyfield website Program page, located at www.stonyfield.com if Sponsors determine that an insufficient number of Program entries has been received.
Entry. Collect specially-marked 6oz. and 32oz. lids on Stonyfield Farm® yogurt products and mail them all at once, along with a fully completed entry form, which can be downloaded from www.Stonyfield.com, to Attn: Stonyfield KaBOOM!, P.O. Box 4840 Manchester, NH 03103-4840 during the Submission Period. Participants must enter from an eligible jurisdiction. All entries must be received by Sponsors within the Submission Period. Proof of sending shall not be deemed proof of receipt by Sponsors. Each entrant must submit the lids as part of its entry, and any lids submitted subsequently to such entry will not be counted toward the school or youth organization’s total number of lids submitted. All postage and shipping charges incurred submitting the lids are the responsibility of the entrant. All entries and lids that are submitted by an entrant will not be returned to the entrant, and shall become property of the Sponsors. Lids must be submitted clean. Lids with small tears will be accepted, so long as the whole lid is submitted. No partial lids are allowed. Lids that have been defaced, mutilated, forged or in any way altered will not be accepted. Although no purchase is necessary to enter (lids may be collected by eligible entrants from third parties) and purchase will not improve chances of winning, lids that are obtained, directly or indirectly, from any employees, officers, directors, agents, representatives and/or independent contractors (and their immediate family members and members of the same households (whether related or not) of the Sponsors or their parents, subsidiaries and affiliated Sponsors may not be submitted. Sponsors reserve the right to determine, in their sole discretion, if lids were ill obtained. Odds of winning depend on the number of eligible entries received and the number of lids submitted with such entries.
Each participating school or youth organization in order to participate in and enter the Program shall designate a coordinator who has the written consent, authorization and permission of the participating school or youth organization to enter and participate in the Program as contemplated by these Official Rules (the “Program Coordinator”). The Program Coordinator shall be identified in the entry form and shall have the full right, power and authority to represent the school or youth organization that designated him/her in connection with the Program. The Program Coordinator shall be responsible for collecting lids, sending in lids along with the required entry form, and if the school or youth organization that designated him/her is determined the Winner, maintaining contact with Sponsors throughout the building process associated with the acceptance of the Prize and the Project.
Warranties and Representations. By submitting an entry, each entrant represents and warrants to Sponsors (a) that it has full rights, power and authority to enter the Program and comply with these Official Rules; (b) that the Program Coordinator has the written consent, authorization and permission of the participant school or youth organization to enter and participate in the Program as contemplated by these Official Rules; and (c) that the information contained in the entry is true and correct in all material respects and that Sponsors may rely on such information in their efforts to comply with applicable laws and regulations. Entrant agrees to indemnify and hold harmless Sponsors, and their respective parents, subsidiaries and affiliated companies, their successors and assigns, and their respective officers, directors, shareholders, employees, agents and representatives 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 any breach or alleged breach of the foregoing warranties and/or any act by the entrant, including its Program Coordinator.
Winner Selection: On or about February 15, 2009, a winner will be selected by the Sponsors, whose decision will be final and binding, from all eligible entries, based on the most number of lids submitted in compliance with these Official Rules (the “Winner”). In the event of a tie, the tied entry with the most number of compliant lids per student/member officially registered at the school or youth organization as of the time of entry will be declared the Winner (i.e., number of compliant lids submitted/number of students/members officially registered in the school or youth organization as of the time of entry). If a tie remains after completion of the tie breaker, the tied entry with the most number of compliant lids per student/member officially registered at the school or youth organization as of January 1, 2008 will be declared the Winner. If a tie still remains, the tied entry with the most number of compliant lids per student/member officially registered at the school or youth organization as of January 1, 2007 will be declared the Winner, and this comparison of compliant lids to student/member will be continued until a winner is determined. Winning is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in the Official Rules and all applicable laws and regulations.
Winner Notification. Sponsors will attempt to notify the entrant who is selected as the Winner by both regular mail and either e-mail or telephone within three (3) business days of its selection. If an entrant does not respond to such notification within five (5) business days, the Prize will be forfeited and an alternate winner may be selected, at Sponsors’ discretion. Sponsors shall not be liable for (i) failed, returned or misdirected notifications due to inaccurate information provided by an entrant, (ii) submissions and responses to winner notifications that are lost, late, incomplete, illegible, unintelligible, misdirected, damaged or otherwise not received, in whole or in part, by Sponsors.
Prize. Sponsors will award $50,000 grant to the Winner to fund a Winner-led volunteer project (the “Project”) to build or improve a playground, skate park, basketball court, sports field or similar type playspace of or for the Winner (the “Playspace”). In order to be eligible to receive the Prize, the Winner (a) must commit in writing to complete the Project within one (1) calendar year of receipt of the Prize, (b) must obtain any and all necessary consents, approvals, permits and/or licenses required to build or improve the Playspace and provide Sponsors with proof of said approvals, consents, permits and/or licenses, and (c) must consent to and sign a KaBOOM! Letter of Agreement. Winner shall be solely responsible for organizing a team of volunteers to complete the Project and shall (i) register as a Playmaker, (ii) create a KaBOOM! Project Plan page, and (iii) add two (2) new play spaces (with photo and comments) to the KaBOOM! Playspace Finder at www.kaboom.org. The Winner also must agree to maintain contact with Sponsors through monthly reports and otherwise to ensure the Prize is being applied per the Official Rules, and that the Project is executed to completion within one (1) calendar year of receipt of the Prize. The Winner must also agree to aid Sponsors in selecting a school or youth organization from a list of schools and/or youth organizations to be provided by KaBOOM! to receive a $50,000 grant to develop a playspace under the same or similar terms and conditions as Winner. The final decision on the selection of said school or youth organization shall be made by and at the sole discretion of Sponsors. Any and all costs and expenses associated with Prize acceptance and use and the Project not specified herein as being awarded are the sole responsibility of the Winner, including without limitation, all applicable federal, state and local taxes and fees and any and all costs and fees associated with obtaining any and all required consents, approvals, permits and/or licenses.
Sponsors reserve the right to substitute a prize of comparable or greater value if the Prize cannot be awarded as described for any reason. All aspects of the Prize are non-transferable and no substitutions are allowed except at the Sponsors’ sole discretion. Receipt of the Prize is conditioned upon compliance with all applicable federal, state and local laws, rules and regulations and these Official Rules.
Affidavit of Eligibility and Release/Delivery of Prizes. Sponsors reserve the right to verify eligibility qualifications of the Winner and to require the Winner to show proof of compliance with the terms and conditions set forth in these Official Rules prior to awarding the Prize. Failure to comply with same may result in immediate disqualification and forfeiture of the Prize. The Winner will be required to execute an affidavit of eligibility, compliance and release and execute and/or submit such other forms and documents as Sponsors may require. Any and all tax documentation provided by Sponsors, and such other forms and documents as Sponsors may require, must be returned via the provided overnight shipping supplies within ten (10) business days of receipt. If the affidavit of eligibility, compliance and release and such other forms and documents as Sponsors may require are returned as undeliverable or are not completed and/or submitted by such deadline or if a potential winner does not meet the eligibility or other requirements of the Program, the Prize will be forfeited and an alternate winner may be selected, at Sponsors’ discretion. Sponsors shall not be responsible for delivery of any documents to the Winner provided that Sponsors address the documents to the address set forth in the Winner’s entry. The Prize will be delivered to a qualified Winner within sixty (60) days of receipt by Sponsors of all of the documents required by Sponsors to be completed, signed and/or submitted by the Winner.
Progress Reports, Assignment and Promotional Release. The Winner who accepts the Prize agrees to give monthly progress reports to Sponsors through interviews to be conducted by Sponsors and/or their designees and the submission of photographs of the Project to Sponsors throughout its various stages until completion. By submitting the photographs, the Winner assigns and transfers to Sponsors all rights, title and interest in and to the photographs, and thereby waives and relinquishes any and all moral rights recognized by law, including, but not limited to, rights or attribution and integrity. Sponsors shall have the absolute right, among other things, to deal with or use, or to refrain from using, the interviews and/or the photographs submitted in any form, in any media known or hereafter developed, and for any lawful purpose whatsoever which Sponsors in their sole judgment may choose (including without limitation marketing, advertising and other promotional purposes), without notification to or approval by the Winner or any third party, and without any further consideration to the Winner or any third party. Sponsors shall have the right, but not by way of limitation, (a) to crop, alter, stylize, and/or title the photographs; (b) to publish the photographs or not; (c) to publish the photographs in conjunction with other material; (d) to publish the photographs on the Internet and World Wide Web; and (e) to publish the photographs in any other formats and in any other media known or hereafter developed. By submitting the photographs, the Winner represents and warrants to Sponsors that it has all of the rights and authority necessary to submit the photographs in compliance with these Official Rules, including the right to grant the rights granted hereunder.
By accepting the Prize, the Winner and its Program Coordinator will be deemed thereby to have granted to Sponsors 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, without limitation, the Internet and world wide web, the Winner’s and the Program Coordinator’s name, picture, voice, likeness and biographical and/or factual information as news or information, and/or for advertising, promotional, trade and publicity 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 Sponsors.
Environmental Standards. By accepting the Prize, the Winner agrees to uphold the following environmental requirements: (a) develop a plan for waste reduction and recycling using KaBOOM! Guidelines located at http://kaboom.org/greenbuilding and incorporated herein by reference; (b) if the Playspace being created is a playground, materials must be purchased from Stonyfield Farm/KaBOOM! preferred vendors that are committed to reducing their environmental impact; (c) commit to use organic fertilizers and reduce water usage for any Playspace that requires fertilizers during construction and/or maintenance of same (e.g., sod for a playing field); and (d) complete, in accordance with standard KaBOOM! practice, a soil test from the proposed Playspace site to ensure that it meets acceptable applicable state and local levels of lead and arsenic in the soil.
Announcement of Winner. Sponsors will post the name, home city and state of the Winner on www.stonyfield.com following the completion of the Program, but by no later than March 1, 2009.
Official Rules and Name of Winner: For the name of the Winner of the Program, available after March 1, 2009 or a copy of the Official Rules, send a self-addressed stamped envelope to: Stonyfield Farm, Inc., 10 Burton Dr., Londonderry, NH 03053, Attn: Stonyfield KaBOOM! Official Rules and Winner’s Name.
Release of Liability and Indemnity. On its behalf and on behalf of its Program Coordinator, by receipt of any prize, the Winner releases Sponsors, and their respective parents, subsidiaries or affiliated Sponsors, their successors or assigns, 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 entrant’s participation in the Program the Project or any Program-related activity and/or acceptance, use or misuse of the Prize awarded, including, without limitation, any claims based on infringement of intellectual and/or proprietary rights, publicity rights, defamation or invasion of privacy.
Indemnification. By receipt of any prize, the Winner 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 entrant’s and/or its Program Coordinator’s participation in the Program, the Project or any Program-related activity and/or acceptance, use or misuse of the Prize.
Unlawful Conduct and Disqualification. Sponsors reserve the right, in their sole discretion, to disqualify any entrant who they determine, in their sole discretion, has tampered with, or has attempted to tamper with, the submission process or the operation of the Program or is in violation of these Official Rules and/or any applicable laws and regulations. Sponsors reserve the right, in their sole discretion, to disqualify any entrant who they determine, in their sole discretion, has submitted lids in violation of these Official Rules, including without limitation lids that were obtained, directly or indirectly, from employees, officers, directors, agents, representatives and/or independent contractors (or their immediate family members and members of the same households (whether related or not)) of the Sponsors or their respective parents, subsidiaries and affiliated companies.
Any attempt by an entrant to deliberately damage any of Sponsors’ web sites or undermine the legitimate operations of the Program may constitute a violation of criminal and civil laws. Should such an attempt be made, Sponsors reserve the right to seek damages from any such entrant to the fullest extent permitted by law and to disqualify such entrant from the Program.
Limitation of Damages. Under no circumstances, including negligence, shall SPONSORS 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 entrant’s and/or its program coordinator’s participation in the program, posting on or access and/or download of any materials or information from any web site owned, operated or controlled by SPONSORS or THEIR respective parentS, subsidiaries of affiliated companies, or acceptance, use or misuse of a prize, including without limitation loss or damage to property and, to the maximum extent permitted by law, damages for bodily or personal injury, even if SPONSORS HAVE been advised of the possibility of such loss or damages. Entrant agrees that, to the maximum extent permitted by law, the aggregate liability of SPONSORS 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 Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, terrorism, fire, riot, earthquake, actions of governmental authorities outside the control of Sponsors or other force majeure event shall not be considered a breach of these Official Rules.
Governing Law; Jurisdiction; Venue. These Official Rules 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. 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 Program or entrants’ and its Program Coordinator’s participation in this Program, and entrants and their respective Program Coordinators consent to the personal jurisdiction and venue thereof. |
