Chobani – Flip Chief Flavor Taster Contest – Tiktok Sweepstakes

NO PURCHASE NECESSARY TO ENTER OR WIN.    A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED. VOID WHERE PROHIBITED. BY ENTERING THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE RELEASED PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
Contest Overview: Entrants will submit a video via TikTok ranking their top three (3) Chobani® Flip® flavors with a short explanation supporting their ranking. All Contest details are described herein.
1. Eligibility: Open only to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at time of entry and time of awarding the prize.
Officers, directors, and employees of Chobani LLC, members of their immediate families (spouses and/or parents, children, and siblings, and their spouses); and/or persons living in the same households as such persons (whether or not related thereto) are ineligible to enter these Contest.  All federal, state and local laws and regulations apply.  Void where prohibited by law.
If you use your wireless mobile device to enter, standard message and data rates may apply. Please consult your wireless-service provider regarding its pricing plans prior to entering via your wireless mobile device. Chobani is not responsible for any message or data rate charges which may apply. A wireless mobile device is not required to enter the Contest.
Chobani reserves the right to verify eligibility requirements and to change or terminate this Contest without notice.
2. Administrator: The Contest is administered by Chobani (“Sponsor” or “Administrator”).
3. Agreement to Official Rules: By participating, entrants (and guest, if applicable) agree: (a) to these Official Rules and decisions of Sponsor which shall be final in all respects relating to this Contest; and (b) to release, discharge and hold harmless Sponsor, administrator, respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising and promotion agencies, prize suppliers, and each of their respective parent companies and each company’s officers, directors, employees and agents (the “Released Parties”) from and against any and all liability, injuries, losses, damages, rights, claims and actions of any kind sustained in connection with his/her participation in the Contest.  Sponsor, Administrator and its affiliates, subsidiaries, advertising and promotion agencies, agents and representatives and their respective officers, directors and employees disclaim all and any liability for the actual provision, quality or nature of any third-party product or service accepted by the Winner. Winning a prize is contingent upon fulfilling all requirements. If Sponsor learns that a potential Winner has engaged in conduct that could damage the reputation of or reflect unfavorably on Sponsor or any of the aforementioned parties, as determined by Sponsor in its discretion, the potential Winner may be disqualified.
4. Contest Period: The Contest opens at 12:00 pm EST on November 1, 2022 and ends at 11:59 AM EST on November 30, 2022 (“Contest Period”).
5. How to Participate: Visit https://www.chobanicft.com (the “Contest Website”) for all terms and conditions. To participate during the Contest Period, entrants must:
Maintain a personal TikTok account (you may not use a corporate or shared TikTok account);
1: Maintain a personal TikTok account (you may not use a corporate or shared TikTok account);
2. Maintain a public TikTok account;
3. Follow @chobani on TikTok;
4. Create a TikTok video wherein you identify your top three (3) Chobani® Flip® flavors with a short explanation for the rankings;
5. Include the hashtag, #ChobaniFlipCFT in the caption of the TikTok post;
6. Keep the same TikTok handle during the Contest Period; and
7. Comply with the Content Restrictions stated below. Failure to comply with any of the above requirements will result in disqualification of you and your entry.
Collectively, the aforementioned content submitted by an entrant shall be referred to and identified as your “Submission.”
By uploading your Submission, you agree that it conforms to the permissions and content restrictions below. Sponsor, in its sole discretion, may disqualify you if it believes that it fails to conform. Where your Submission meets all requirements, your Submission will be deemed one (1) Contest entry. Limit one (1) entry per person. Entries are not transferable or assignable.
Content Restrictions:
• The Submission must be your original work;
• The Submission must not include any food, regulatory or marketing claims not already found on Flip® packaging;
• The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement and therefore must not contain brand names or trademarks;
• The Submission must not disparage Sponsor, or any other person or party;
• The Submission must not contain material that is inappropriate, offensive, indecent, obscene, sexually explicit, tortious, defamatory, slanderous or libelous;
• Your Submission must not make references to or include alcohol, illegal drugs, tobacco, or firearms/weapons, any activities that are or appear to be dangerous, or any political agenda;
• The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and
• The Submission must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any state where Submission is created.
Limit: Each entrant may upload one (1) Submission during the Contest Period. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder. Released Parties are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed, or misdirected Submissions; all of which will be void.
As a condition of participating, entrants (and guest, if applicable) agree that under no circumstances will any entrant be permitted to obtain awards for, and each entrant (and guest, if applicable) hereby waives all rights to, punitive, incidental, consequential or any other damages.
6. Sponsor’s Use of Submissions: Uploading your Submission to participate in this Contest constitutes entrant’s release of any rights he/she maintains in such materials and content. Consequently, Sponsor may use the aforementioned freely and, in any manner, that it seeks without compensation as the entrant conveys all rights to Sponsor. If requested, entrant will sign documentation that may be required for Sponsor or its designees to perfect ownership in the Submission.
7. Determination of the Winner: After the conclusion of the Contest Period, Sponsor’s Evaluation Team will judge and score each Submission based on the following criteria:
o Entrant identifying and explaining the ranking of their top three (3) Chobani® Flip® flavors (35%);
o Entrant’s authentic passion for the Flip® brand (35%); and
o Production quality (30%).
The specific Entry that receives the highest score will be deemed the potential Winner. In the event of a tie, the entrant whose video received the higher score for “authentic passion for the Flip® brand” as determined by Sponsor’s Evaluation Team, will be deemed the potential Winner from among the tied entrants. Sponsor will not disclose judging scores.
8. Potential Winner Requirements: The potential Winner will be notified by email. Obtaining the Prize is subject to verification of potential Winner’s eligibility and full compliance with these Official Rules. The potential Winner (and guest, if applicable) will be required to complete and return to Sponsor an Affidavit of Eligibility and a Liability/Release Form (“Affidavit and Release”) within seven (7) days of receiving the Affidavit and Release. Only after the Affidavit and Release is received by Sponsor will a potential Winner become an “Official Winner” for purposes of this Contest. Failure to return the signed Affidavit and Release within seven (7) days following the date Sponsor provides the documents will result in forfeiture of the Prize. Winner will be required to produce state issued identification to claim the Prize. If (a) a potential Winner cannot be contacted as specified above; (b) he/she fails to return the signed Affidavit and Release by the deadline specified above; (c) any notification is returned as undeliverable; or (d) a potential Winner is deemed ineligible for any other reason in the sole discretion of Sponsor (or its representatives), the potential Winner will be disqualified and forfeit the prize. The entrant who obtained the next highest score as described above will be offered the potential Winer position. Under no circumstances will more than the advertised number of prizes be awarded.
9. Prize: ONE (1) GRAND PRIZE: Retail Value: $2,500. Prize is non-transferable, assignable or redeemable for cash. No substitution will be made, except by Sponsor, in its sole discretion, who reserves the right to substitute any prize with an alternative prize of equal value. Any taxes and fees associated with receiving the Prize are the sole responsibility of the Winner. Travel to Twin Falls, Idaho has been targeted by Sponsor to occur the week of February 6, 2023. However, travel dates are subject to change based on Sponsor’s sole discretion, and may occur anytime between January 2023 through June 2023.
Prize Description:
i. Two (2) round trip tickets for coach air travel for Winner (and guest, if applicable) to Twin Falls, ID from a major commercial airport near Winner’s residence (as determined by Sponsor or its representative);
ii. one (1) double-occupancy hotel room for Winner (and guest, if applicable) for a two (2) night stay in Twin Falls, ID;
iii. airport/hotel transfers;
iv. One (1) Gift Card in the value of $100 to cover dining expenses for Winner (and guest, if applicable);
v. One (1) month supply of Chobani® Flip® snacks for the Winner (30 individual cups),
vi. Chobani™ swag, including a hat and a t-shirt, for the Winner.
Approx. Retail Value: $2,500
All expenses not specified herein are the responsibility of the Winner (and guest, if applicable). Air carriers, hotels and other transportation are selected by Sponsor (or its representatives).
Winner (and guest, if applicable) are responsible for obtaining all necessary travel documents and are responsible for any travel insurance. All other costs and expenses associated with prize acceptance and use not specified herein as being provided, including transportation, luggage fees, meals, beverages, souvenirs, gratuities, etc., are the sole responsibility of the Winner (and guest, if applicable). By accepting a travel prize, the Winner (and guest, if applicable) represent that he/she understands that travel, whether by plane, automobile, or other conveyance, or by foot, and in the air, contains some inherent element of risk of accident, illness, injury, loss or death, which may be caused by negligence, forces of nature, or other agencies and/or factors, known or unknown. The Winner (and guest, if applicable) further represent that he/she recognizes that such risks may be present at any time before, during and after the trip. To partake in the enjoyment of this trip, the Winner (and guest, if applicable) must be willing to accept the risk, and to confirm his/her acceptance to such risk in writing at the request of Sponsor.
Sponsor (and its representative) does do not make or offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Contest. No prize substitution, in whole or in part, except by Sponsor due to prize unavailability or any other reason as solely determined by Sponsor’s representatives, in which case a prize of comparable value will be awarded.
10. Release: By receipt of the Prize, Winner (and guest, if applicable) agree to release, discharge and hold harmless the Released Parties from and against any claim or cause of action, including, but not limited to, personal injury, sickness, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of the Prize.
Released Parties disclaim all and any liability for the actual provision, quality or nature of any third-party product or service accepted by the Winner (and guest, if applicable).
As a condition of participating, entrants agree that under no circumstances will any entrant (and guest, if applicable) be permitted to obtain awards for, and each entrant hereby waives all rights to claim punitive, incidental, consequential or any other damages.
11. Publicity: Acceptance of any prize shall constitute and signify Winner’s (and guest, if applicable) agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, Submission, and/or prize information in connection with the Contest for publicity, promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without compensation, notification, permission or other consideration, except where prohibited by law. Winner (and guest, if applicable) agree to execute specific consent to such use if necessary if asked to do so.
12. Not an Offer of Employment: Nothing in these Official Rules is an offer or contract of employment of any kind with any entity. Entrant acknowledges that entry has been submitted voluntarily and not in confidence or in trust. Entrant acknowledges that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between Entrant and the Sponsor or any of the Released Parties and that no such relationship is established by entering this Contest pursuant to these Official Rules.
13. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest if any fraud, technical failures, human error, any other factor impairs the integrity or proper functioning of the Contest, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Contest, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible entries received up to time of such action using the judging procedure outlined above. Sponsor may also modify the prizes offered. In addition, Sponsor reserves the right to disqualify any individual it finds to be tampering with the Entry process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Entries. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Failure by the Sponsor, Administrator and/or its representatives to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect. In the event that this Contest is challenged by any legal or regulatory authority (including but not limited to any federal or state governmental authority), Sponsor and Administrator reserve the right to discontinue or modify the Contest, as applicable, or to disqualify any entrants residing in any affected geographic areas, as applicable. In such event, Sponsor, Administrator and their representatives shall have no liability to any entrants who are disqualified due to such an action.
14. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submission.
15. Disputes: This contest is subject to all applicable United States federal, state and local laws, rules and regulations. Issues concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by the laws of the State of New York, without regard to any principles of conflict of laws.   If the controversy or claim is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration administered by Judicial Arbitration and Mediation Services, Inc., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“JAMS Rules”).  The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in New York.  All disputes arising out of or connected with this promotion will be resolved individually, and without resort to class action.  Sponsor is not liable for any consequential, indirect, exemplary, or punitive damages, or for attorneys’ fees.
This arbitration provision limits the ability of you and Sponsor to litigate claims in court and you, Sponsor and Administrator each agree to waive your respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against Administrator or Sponsor in any state or federal court. You agree that if you do sue in state or federal court, and Administrator or Sponsor brings a successful motion to compel arbitration, you must pay all fees and costs incurred by Administrator and Sponsor in court, including reasonable attorney’s fees.
Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
16. Entrant’s Personal Information: Information collected from entrants will be used by Sponsor and Administrator in connection with the administration of this Contest, including to notify, verify and confirm Winners and fulfill prizes. Information collected from entrants is otherwise subject to and may be used and shared by Sponsor in accordance with its Privacy Policy (https://www.chobani.com/privacy-policy) and applicable law. Entry of your email address grants to Sponsor express permission to use the provided email address for further marketing or promotional purposes, without compensation.
17. Winner List: To receive a winner list, send an email to fans@chobani.com, with the (i) name of the promotion and (ii) specific promotion period.  All email requests must be received no later than two (2) months after the stated end date of the particular period referenced.
SPONSOR: Chobani, LLC, 200 Lafayette Street, New York, NY 10012
The Contest is in no way sponsored, endorsed or administered by, or associated with TikTok. TikTok is not affiliated with Sponsor in any way.