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****OFFICIAL SWEEPSTAKES RULES****
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY
TO ENTER OR WIN THIS SWEEPSTAKES
VOID WHERE PROHIBITED BY LAW
Sponsor. The Stonyfield Pouch & Play Getaway Sweepstakes (the “Sweepstakes”) is sponsored by Stonyfield Farm, Inc., 10 Burton Drive, Londonderry, NH (“Sponsor”). The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.
Eligibility. Open only to legal residents of the 50 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); (ii) have access to the Internet; and (iii) have a valid, public Instagram in good standing as of 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 Sponsor and its parent, subsidiaries and affiliated companies, 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. Entrant 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.
Entry. The Sweepstakes begins at 12:01 p.m. Eastern Standard Time (EST) on 5/28/18 and ends at 12:59 p.m. (EST) on 6/10/18 (the “Sweepstakes Period”). By entering the Sweepstakes, each entrant agrees to these Official Rules and the decisions of Sponsor, which are final and binding in all respects.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE THE CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
To enter, during the Sweepstakes Period, either (i) comment on any Stonyfield Organic Kids Pouch and Play Getaway post on Instagram and click on the button to follow @Stonyfield or (ii) visit Stonyfield’s Instagram page (www.instagram.com/stonyfield), click on the button to follow @Stonyfield, and comment on the Stonyfield Organic Kids Pouch and Play Getaway post. All required elements of an entry must be submitted at the same time. All entries must be received within the Sweepstakes Period. Sponsor’s computer clock is the official timekeeping device of the Sweepstakes. Limit one (1) entry per Instagram account during the Sweepstakes Period. Entries received in excess of the above stated limitation will be void.
If there is a dispute over the identity of an entrant, the entry will be deemed submitted by the Authorized Instagram Account Holder associated with the username used to enter via Instagram. The Authorized Instagram Account Holder is defined as the natural person to whom the Instagram account is assigned by Instagram, respectively. Participant, under this method, must enter using only an Instagram account subscribed to and registered in participant’s name. The potential winner may be required to provide Sponsor with proof that he/she is the authorized account holder of the Instagram account associated with the winning entry. If a dispute cannot be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible.
Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. Participants may not register with multiple Instagram accounts nor may entrants use multiple devices or artifices to enter the Sweepstakes multiple times or as multiple entrants. Any entrant who attempts to enter with multiple accounts under multiple identities will be disqualified in Sponsor's discretion. Proof of submission of an entry shall not be deemed proof of receipt by the Sponsor.
All comments posted to enter the Sweepstakes must be in keeping with the Sponsor's positive image and may not be offensive or inappropriate, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity or privacy rights of any person, living or deceased, or entity, or otherwise infringe upon any person’s or entity's personal, intellectual property or property rights or any other third party rights. Comments must be suitable for online publication accessible to the general public. Sponsor reserves the right to eliminate any entries that it determines, in its sole discretion, contain inappropriate content or content that may be deemed obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or unlawful, including, without limitation, obscenities, threats, violence, unsafe behavior or situations, or disparagement of any product, service or person.
Neither Sponsor nor its advertising and promotion agencies are responsible for lost, late, incomplete, illegible, inaccurate, 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 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. Entries not in compliance with these Official Rules are 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.
Prize. The winner will receive a prize consisting of the following:
|DESCRIPTION||APPROXIMATE RETAIL VALUE (“ARV”)|
|Three (3) nights (August 17, 2018-August 20, 2017) in a rustic, oceanfront cottage cabin at Wolfe’s Neck Farm in Freeport, Maine selected by Sponsor. Includes propane stove/oven for cooking, basic cooking utensils, place-settings for 4, and beds. Does not include bedding (linens, blankets, pillows, etc.), cooler, specialty cooking instruments, charcoal for the grill, ice, or firewood.||$604.95|
|Round-trip coach air transportation for four (4) people, including winner, between the major U.S. gateway airport close to the winner’s residence and the Portland International Jetport, Portland, Maine.||$3500.00|
|$500 stipend for meals and incidentals in the form of a VISA gift card. Visa gift card is not redeemable for cash and will not be replaced if lost or stolen. Gift card usage is subject to the issuing company’s terms and conditions, including expiration dates, if any.||$500.00|
The approximate ARV of the prize is $4,604.95 as of date of publication of these Official Rules. The difference in value of prize as stated herein and value at time of prize notification, if any, will not be awarded. Specifics relating to the prizes not specified herein are at the sole discretion of Sponsor. The winner is solely responsible for reporting and paying any and all applicable federal, state and local taxes due in connection with 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. Sponsor will not replace a lost or stolen prize.
Actual retail value of prize depends on city/day/time of departure. Sponsor, in its sole discretion, will determine which airport is closest to a winner’s residence. If the winner resides within 250 miles of Portland, Maine, air transportation will not be provided and the difference in value will not be provided to the winner. Sponsor, at its sole discretion, may provide ground transportation from such winner’s residence to Wolfe’s Neck Farm in Freeport, Maine. Additional prize award details and travel information may be provided to the potential winner at the time of notification.
THE POTENTIAL WINNER AND HIS/HER TRAVEL GUESTS MUST BE AVAILABLE TO TRAVEL DURING THE FOLLOWING TIME PERIOD: AUGUST 17, 2018 to AUGUST 20, 2018.
The potential winner must confirm travel availability within two (2) business days of being confirmed and declared a winner or the prize will be forfeited and an alternate potential winner will be selected at random from among all remaining eligible entries. If potential winner and his/her travel guests are unavailable to travel during designated timeframe for any reason, the prize will be forfeited in its entirety without compensation of any kind and an alternate winner will be selected in a random drawing from among all remaining eligible entries.
All vouchers, certificates, tickets and gift cards included in the prize are subject to terms and conditions as set by issuer.
Travel and accommodations are subject to change and certain restrictions and block-out dates may apply. Sponsor assumes no responsibility for canceled, delayed, suspended or rescheduled events (including, but not limited to, airline flights) or any acts or omissions whatsoever by the air carriers, Recompence Shore Campground, Wolfe’s Neck Farm, venue operators, transportation companies, or any other persons providing any prize-related services or accommodations beyond Sponsor’s control.
Selection of cottage and airline is solely within Sponsor’s discretion. Exact travel arrangements subject to availability. Ground transportation (other than stated above), meals, gratuities, luggage fees, incidental hotel charges, taxes, and all other expenses not specified herein are solely the winner’s responsibility. Specifics relating to the prize not specified herein are at sole discretion of Sponsor. The winner is solely responsible for any costs and expenses due in connection with the prize not specified herein and any costs and expenses not described herein as being awarded. Receipt of the prize is conditioned upon compliance with all applicable federal, state and local laws, rules and regulations and these Official Rules.
Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. The winner is also responsible for obtaining travel insurance (and all other forms of insurance) at winner’s option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. The winner agrees to bear all risk of loss or damage to the prize (or portions of the prize) after it has been delivered. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. The passenger contracts in use by the airlines or other transportation companies shall constitute the sole contracts with respect to the winner's and his/her guests' transportation and such contracts shall be solely between the winner, his/her guests and such transportation companies. No stopovers are permitted on tickets issued as part of the prize. If a stopover occurs, the prize travel will terminate and winner and his/her guests will be responsible for the full fare which will be charged from the stopover point for the remaining trip segment(s), including the return. Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any air carrier(s) or other transportation companies or any other persons providing any of these services to passengers including any results thereof such as changes in services or accommodations necessitated by same. The winner must comply with all cottage check-in requirements, including, but not limited to, the presentation of a major credit card. Air transportation and cottage accommodations must be taken together and cannot be taken separately. Any difference between stated value and actual value will not be awarded. If winner cannot accept prize as stated, prize may be forfeited in its entirety. In the event Sponsor is unable to provide any portion of the prize, no compensation or substitution will be provided for that portion of the prize; however, the remainder of the prize package will be awarded and Sponsor will have no further obligation to the winner. Sponsor is not responsible for any inability of the winner to accept or use any prize (or any portion thereof) for any reason.
The prize may not be transferred or assigned, except at 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 a prize of comparable or greater value. The winner is solely responsible for reporting and paying any and all applicable federal, state and local taxes due in connection with the prize. The winner will be required to complete and submit an IRS Form W-9 for receipt of any prize valued at $600 or more. Failure to submit a complete IRS Form W-9 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. Sponsor will not replace a lost or stolen prize.
Selection of Winner and Notification. 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. A potential winner will be selected at random by Sponsor, whose decision will be final and binding, from all eligible entries received during the Sweepstakes Period within forty-eight hours after the Sweepstakes Period ends. Odds of winning depend on the number of eligible entries received in the Sweepstakes Period. In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry 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 the prize has been awarded.
Sponsor will contact the potential winner via Instagram Direct Message, post and/or tagging within forty-eight hours after the random drawing to obtain additional information reasonably necessary to verify eligibility. The potential winner will be required to direct message (DM) Sponsor with his/her contact details and provide the additional information requested by Sponsor to verify eligibility. By direct messaging Sponsor, Sweepstakes entrant warrants and represents to Sponsor that the information contained in such direct message 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. It is acknowledged and understood that such information is being provided to Sponsor and not to Instagram. 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.
Upon contacting a potential winner and determining that he/she has met all eligibility requirements for the Sweepstakes, including without limitation the execution of an affidavit of eligibility and liability/publicity release (except where prohibited by law) and completion of such other documents as Sponsor may reasonably require in order to claim his/her prize, if applicable, such individual will be declared the "winner" of the Sweepstakes.
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.
Affidavit of Eligibility and Release/Delivery of Prize. The 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. 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.
Release of Liability. Each Sweepstakes entrant agrees that Instagram, Sponsor and Sponsor’s parent, subsidiaries 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, 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. Each entrant agrees to release and discharge, and hereby releases and discharges, Instagram, Sponsor and Sponsor’s 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 any liability arising from or related to the Sweepstakes, 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 Sponsor and Sponsor’s 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 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.
Announcement of Winner. Following the completion of the Sweepstakes and verification of the winner, Sponsor will post the winner’s Instagram user name or handle on Instagram, www.instagram.com/stonyfield. Sponsor may post the winner Instagram user name or handle on Sponsor’s website at www.stonyfield.com following the completion of the Sweepstakes and verification of the winner.
Use of Winner Name and Likeness. By submitting an entry, each Sweepstakes entrant, acknowledges and agrees that, if selected as a winner, Sponsor may post winner’s Instagram user name or handle on Instagram, www.instagram.com/stonyfield, and/or on Sponsor’s website at www.stonyfield.com. A winner who accepts the prize awarded 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.
Unlawful Conduct and Disqualification. Sponsor reserves the right, in its sole discretion, to disqualify any Sweepstakes entrant who Sponsor determines, in its sole discretion, has (i) tampered with the entry process or the operation of the Sweepstakes or of any website owned, operated or controlled by Sponsor or its parent, subsidiaries or affiliated companies; (ii) was ineligible to participate in the Sweepstakes; (iii) submitted more than the allowed number of entries; or (iv) 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.
Suspension/Amendments. Sponsor reserves the right to (i) suspend, cancel, terminate or modify the Sweepstakes without advance notice as required by law and/or 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; and/or (ii) extend the Sweepstakes Period, by providing notice via Instagram if Sponsor determines, in its sole discretion, that an insufficient number of eligible Sweepstakes entries has been received or in the event of unexpected difficulties or other causes beyond Sponsor’s reasonable control.
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 Sponsor or other force majeure event shall not be considered a breach of these Official Rules.
Governing Law; Jurisdiction; Venue; Limitation of Liability and 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 AND WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
Winner’s Name. To obtain the name of the official winner (after the conclusion of the Sweepstakes) or a copy of these Official Rules, send a self–addressed envelope with the proper postage affixed postmarked to: Stonyfield Farm, Inc., Attn: Stonyfield Pouch and Play Getaway Sweepstakes, 10 Burton Drive, Londonderry, NH 03053. Please specify "Winner’s Name" or "Official Rules" in your request.
*Source: IRI Total US MULO Dollar Sales YTD ending 01/31/18.
**Stonyfield Organic Kids yogurts have between 2.25g and 3g of sugar per oz vs 4g per oz in the leading kids’ yogurt.
***Stonyfield Organic Kids and Whole Milk pouches have between 2.9g and 2.6g of sugar per oz vs 4g per oz in the leading kids' yogurt.