NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES
VOID WHERE PROHIBITED BY LAW
Sponsor. The Stonyfield Cup Sweepstakes (the “Sweepstakes”) is sponsored by Stonyfield Farm, Inc., 10 Burton Drive, Londonderry, NH (“Sponsor”).
Eligibility. Open to legal residents of the United States (excluding Puerto Rico and all other U.S. territories and possessions outside of the United States and where otherwise prohibited by law) 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) and who have Internet access. 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 or its parent, subsidiaries and affiliated companies are not eligible to participate. Employees, officers, directors, agents, representatives and independent contractors (and their immediate family members and members of the same households (whether related or not)) of Facebook 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 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.
Sweepstakes Period. The Sweepstakes will be open from 12:01 a.m. Eastern Standard Time (EST) on August 30, 2010 through 11:59 p.m. EST on September 13, 2010. There will be a drawing held for each day during the Sweepstakes Period, which will include entries received between 12:00 a.m. EST and 11:59 p.m. each day (“Daily Drawing”), and a drawing held at the conclusion of the Sweepstakes Period (“Grand Prize Drawing”). NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE SWEEPSTAKES PARTICIPANTS’ CHANCES OF WINNING.
Entry. Visit the Stonyfield website, www.stonyfield.com, navigate to the Sweepstakes page, HYPERLINK "http://www.stonyfield.com/usopen/rules.jsp" http://www.stonyfield.com/usopen/rules.jsp, during the Sweepstakes Period. Sweepstakes participants must vote for their favorite yogurt flavor, given a choice between the two flavors of the day, and then will be invited to enter the Sweepstakes. If the participants wish to enter the Sweepstakes, they will be instructed to follow instructions for entry of the Sweepstakes. The entry form will ask entrants for their full name, address, phone number, and e-mail address. All entries must be received within the Sweepstakes Period. If there is a dispute over the identity of a Sweepstakes participant, 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 submitted e-mail address. Potential winners may be required to show proof of being the Authorized Account Holder. Only one entry per person and per e-mail address per day. Entrants selected as a Daily Drawing winner are eligible to enter other Daily Drawings and are eligible for the Grand Prize Drawing.
Neither Sponsor nor its advertising and promotion agencies shall be responsible 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. Incomplete or late entries or entries which otherwise do not comply with these Official Rules will be deemed void and 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.
Information Contained in Entry. By submitting an entry, each Sweepstakes participant warrants and represents to Sponsor that 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.
Use of Entrant Information. As permitted by law and in accordance with these Official Rules, each Sweepstakes participant agrees that Sponsor may use the information contained in participant’s entry for the purposes and within the context of the Sweepstakes and any other purposes outlined in these Official Rules. In the event of a conflict between these Official Rules and Sponsor’s Privacy Policy, to the extent it applies, the Official Rules will control.
Application of Rules. All Sweepstakes entrants must review and agree to these Official Rules. By entering the Sweepstakes, each entrant warrants that he or she has read and agrees to abide and be bound by these Official Rules. Submission of an entry automatically constitutes Sweepstakes 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.
Selection of Winners. Sixteen (16) winners from all eligible entries will be selected at random over the Sweepstakes Period (each a “Winner”). Fifteen (15) Daily Drawing winners (“Daily Drawing Winners”) will be selected from all eligible entries received during the daily period on the business day after the day in which they entered the Daily Drawing. One (1) Grand Prize Drawing winner (“Grand Prize Drawing Winner”) will be selected from all eligible entries on September 14, 2010. Odds of winning depend on the number of eligible entries received for the Sweepstakes. In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the Prize, the Prize will be forfeited and awarded to an alternate winner selected at random from the remaining eligible entries for that day’s Daily Drawing (if Daily Drawing Winner) or from all remaining eligible entries (if Grand Prize Drawing Winner).
Winner Notification: Sponsor will attempt to notify the potential Winners by e-mail or phone within one (1) business day of their selection. If the potential Winner does not respond to such notification within two (2) business days, the Prize will be forfeited and an alternate winner will be selected. Sponsor shall not be liable for (i) failed, returned or misdirected notifications due to inaccurate information provided by Sweepstakes entrant, (ii) 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.
Prize. Each of the fifteen (15) Daily Drawing Winners will receive the following Daily Drawing prize (“Daily Drawing Prize”):
One (1) week of free yogurt, to be given in the form of free coupons for Stonyfield products.
The one (1) Grand Prize Drawing Winner will receive the following Grand Prize Drawing prize (“Grand Prize Drawing Prize”):
One (1) year of free yogurt, to be given in the form of free coupons for Stonyfield products.
Approximate aggregate retail value of one (1) Daily Drawing Prize: $10.00 per Winner. Approximate total aggregate retail value of all fifteen (15) Daily Drawing Prizes is $150.00. Approximate aggregate retail value of one (1) Grand Prize Drawing Prize: $550.00. Approximate total aggregate retail value of all sixteen (16) prizes including fifteen (15) Daily Drawing Prizes and one (1) Grand Prize Drawing Prize is $700.00.
Specifics relating to the Prizes are at sole discretion of Sponsor. Any expenses not specified herein are the sole responsibility of the Winners. 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 prizes of comparable or greater value. Any applicable taxes shall be the sole responsibility of the Winners. Receipt of any prize is conditioned upon compliance with all applicable federal, state and local laws, rules and regulations and these Official Rules. Sponsor will not replace lost or stolen prizes, nor be responsible for replacement of a prize should the ticketed session be cancelled for any reason.
Prize Restrictions and Delivery. By accepting a Prize, each Winner agrees to answer the interview question “What is your favorite Stonyfield yogurt flavor” (“Interview Question”) and allow Sponsor to post the Winner’s answer to the question on Stonyfield’s website, Facebook site, Twitter account, and blogs.
Potential winners 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 each Winner to show proof of identity prior to receiving the Prize. The potential winners may be required to complete an Affidavit of Eligibility and Release, and such other documents as Sponsor may reasonably require, and return these documents within two 2 business days of delivery. If these documents are returned as undeliverable or are not completed and returned by such deadline or if a potential Winner does not meet the eligibility or other requirements of the Sweepstakes, the Prize will be forfeited and an alternate Winner will be selected at random from the remaining eligible entries for that day’s Daily Drawing (if Daily Drawing Winner) or from all remaining eligible entries (if Grand Prize Drawing Winner) until all Prizes have been awarded.. Once the Winner has returned the documents for Sponsor’s review and acceptance, Sponsor will send the Prizes by overnight delivery or as otherwise determined by the Sponsor to the qualified Winners at the addresses set forth on his/her entry. Sponsor shall not be responsible for misdelivery of any documents and/or the prize provided that Sponsor addresses the documents to the address set forth the Winner’s respective entry. Sponsor is not responsible for Prize-related information or documents that are lost or misdelivered by the postal service or carrier.
Release of Liability. Each Sweepstakes entrant agrees that Sponsor and its parents, subsidiaries or affiliated companies, their successors or assigns, and any and all of their respective officers, directors, shareholders, employees, agents, representatives, licensees and advertising and promotion agencies, 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 and/or based on publicity rights, defamation or invasion of privacy. By participating in this Sweepstakes, each participant agrees to release and discharge Sponsor and its respective parents, subsidiaries or affiliated companies, their successors or assigns, and any and all of their respective officers, directors, shareholders, employees, agents, representatives, licensees and advertising and promotion agencies, from any liability arising from or related to the Sweepstakes, including without limitation, personal injury, death, property damage, or claims based on publicity rights, defamation, or invasion of privacy.
Indemnification. Each entrant agrees to indemnify and hold harmless Sponsor 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, licensees and advertising and promotion agencies, from and against any loss, damage or expense (including court costs and attorneys’ fees) that they may suffer or incur as a result of or in conjunction or connection with entrant’s participation in this Sweepstakes or any Sweepstakes-related activity and/or acceptance or use of the Prize.
Announcement of Winners. Sponsor may post the first name, last name initial, home town, and answer to the Interview Question of the Winners at HYPERLINK "http://www.stonyfield.com" www.stonyfield.com, Stonyfield’s Facebook site, Stonyfield’s Twitter account, and Stonyfield’s blogs following Sponsor’s verification of eligibility qualification of each potential Winner.
Unlawful Conduct and Disqualification. Sponsor reserves the right, in its sole discretion, to disqualify any Sweepstakes participant 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 a participant 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 participant to the fullest extent permitted by law and to disqualify such participant 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 THE 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. EACH SWEEPSTAKES 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.
Amendments. Sponsor reserves the right to amend 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 (the “Problem”), and thereafter to select the winners at random from all eligible entries in Sponsor’s possession prior to encountering the Problem.
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 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.
Governing Law; Jurisdiction; Venue. These Official Rules shall be interpreted in accordance with New Hampshire law without regard to its conflicts of laws provisions. Sweepstakes 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.
Winner’s List. For the Winners’ names, send a self-addressed stamped envelope postmarked prior to December 31, 2010 to: Stonyfield Farm, Inc., Attn: Stonyfield Cup Sweepstakes, 10 Burton Drive, Londonderry, NH 03053. For a copy of the Official Rules, send a self-addressed stamped envelope to above address marked Stonyfield Cup Sweepstakes, Attn: Official Rules.