****OFFICIAL SWEEPSTAKES RULES****
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKE
VOID WHERE PROHIBITED BY LAW
Sponsor. The Stonyfield Earth Month 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 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 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. All entrants must review and agree to these Official 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/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 agree 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.
Sweepstakes Entry. The Sweepstakes begins at 12:00 a.m. Eastern Standard Time (EST) on March 25, 2019 and ends at 11:59 p.m. (EST) on June 2, 2019 (the “Sweepstakes Period”). Entry is free, and no purchase or payment of any kind is necessary to enter or win the Sweepstakes. Limited to one (1) entry per day per entrant during the Sweepstakes Period. 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.
To enter, visit the Sweepstakes website: www.stonyfield.com/organicmakeover (“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, and residential address zip code; 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) and that have read and agree to abide by these Official Rules. No other elements are required to enter, but all required elements of an entry must be submitted at the same time.
Entrants may also opt in to receive Sponsor’s newsletter and/or information about Sponsor, including information related to Sponsor’s products, programs or promotional activities that may be of interest, but are not required to opt in to enter the Sweepstakes.
Entrant may also choose to provide other information during sweepstakes entry, which information will be used for Sponsor’s internal purposes only.
An entry must be received by Sponsor within the Sweepstakes Period. 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.
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 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.
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.
In addition to complying with the foregoing requirements, to be eligible, each entrant must also be able to make the warranties and representations set forth in the Warranties and Representations section below.
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.
Prizes. The number of winners, the specific prizes to be awarded, and the values of prizes will be a set forth below:
|PRIZE AND NUMBER OF WINNERS|
|DESCRIPTION OF PRIZE||APPROXIMATE RETAIL PRICE (“ARV”)||AGGREGATE ARV|
|1 GRAND PRIZE|
|Woodplay® Playground Set (space saver; cedar wood), includes shipping and installation.|
|*All components of the Grand Prize to be delivered to the same location.||Outdoor furniture from the Lollygagger Collection https://lolldesigns.com/product-category/collections/lollygagger-collection/|
Prize selection at Sponsor’s sole discretion and based on winner’s space availability.
|Up to $7,500.00||$7,500.00|
|Organic lawn care for one (1) year - $50/week, plus extra for Spring and Fall clean up; service provider to be selected by Sponsor at its sole discretion.|
|10 SECOND PRIZES|
|52-week supply of multipack Stonyfield® yogurt.||$467.48||$4,674.80|
|100 THIRD PRIZES|
|PlayFree Box (includes water bottle, blanket, bamboo picnic utensils, Bee’s Wrap sandwich wrap, pollinator fun fact cards, Badger Balm organic sunscreen, and soccer ball).|
|1000 FOURTH PRIZES|
|One year subscription to Naturally, Danny Seo.||$23.97||$23,970.00|
TOTAL ARV FOR ALL PRIZES: $50,265.80
Specifics relating to the prizes not specified herein are at sole discretion of Sponsor. The winners are solely responsible for any costs and expenses due in connection with their prize not specified herein. The prizes may not be transferred or assigned, except at the Sponsor's sole discretion. No 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 prizes. The winners are solely responsible for reporting and paying any and all applicable federal, state and local taxes due in connection with their respective prize. The winners 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.
Selection of Winners. The 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 will be forfeited and awarded to an alternate winner selected at random from the remaining eligible entries at Sponsor’s sole discretion. An alternate winner will be selected at random from the remaining eligible entries until the prize has been awarded.
Notice/Verification of Potential Winners. The potential winners 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.
Sponsor reserves the right to require the potential winners to show proof of identity prior to receiving a prize. The potential winners will be required to complete an Affidavit of Eligibility and Release and such other documents as Sponsor may reasonably require, and return these documents within five (5) 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. If the prize notification and/or other prize-related information or materials are returned as undeliverable, or any prize documentation is not submitted as required by Sponsor, the corresponding prize will be forfeited and an alternate potential winner will be selected at random from the remaining eligible entries. The Grand Prize will be delivered within ninety (90) days of Sponsor’s receipt of the documents required by Sponsor to be completed and signed by the potential winner. All other prizes will be delivered within thirty (30) days of Sponsor’s receipt of the documents required by Sponsor to be completed and signed by the potential winner. Sponsor shall not be responsible for delivery of any documents and/or the prize or prize-related materials and information provided that Sponsor addresses the documents to the address 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.
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 www.stonyfield.com/organicmakeover, 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 winners will be announced and posted by Sponsor on the Sweepstakes Website located at www.stonyfield.com/organicmakeover 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 Winners’ Names and Likeness. 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 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. By participating in the Sweepstakes, each entrant, for himself/herself agrees that Sponsor, and its parent, subsidiaries and affiliated companies, and their respective 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 the 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. By participating in the Sweepstakes, each entrant agrees to release and discharge, and hereby releases and discharges, for himself/herself, the Released Parties 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 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 any or all of them may suffer or incur as a result, directly or indirectly, of, or in conjunction or connection with entrant’s participation in the Sweepstakes, any Sweepstakes-related activity, receipt, acceptance, use and/or enjoyment 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 and 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 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, SUBSIDIARIES 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, 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. 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 or any Sweepstakes- related activity, and entrants consent to the personal jurisdiction and venue thereof. All disputes shall be resolved individually, without resort to any form of class action. By entering the Sweepstakes, entrants waive the ability to bring claims in a class action format.
Official Rules and Winners’ Names. To obtain the names of the Sweepstakes winners (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: Earth Month Sweepstakes. Please specify "Winners’ Names" or "Official Rules" in your request.