Dannon – Light & Fit – Win 1 of 650 Fitbit Flex
Light & Fit® Sweepstakes Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN.
PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS SWEEPSTAKES IS INTENDED FOR PLAY BY LEGAL RESIDENTS IN THE 48 CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA, WHO ARE 18 YEARS OF AGE OR OLDER AS OF THE DATE OF ENTRY ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER UNLESS YOU ARE ELIGIBLE AND LOCATED IN ONE OF THE 48 CONTIGUOUS UNITED STATES OR DISTRICT OF COLUMBIA AT THE TIME OF PARTICIPATION.
1. ELIGIBILITY: The Light & Fit® Sweepstakes (“Sweepstakes”) is open to legal residents of the 48 contiguous United States and the District of Columbia who are 18 years of age or older at the time of entry. Void where prohibited by law and anywhere not specifically listed herein. Employees, officers and directors of The Dannon Company, Inc. (“Sponsor”), its parent, subsidiary, and affiliated companies, advertising, promotion, production or fulfillment agencies, Web masters/suppliers (and their IRS dependents, immediate family members [spouse, parents, children, siblings] and individuals residing in their same household, whether or not related) are not eligible to participate. By participating, entrants agree to these Official Rules and the decisions of the Sponsor and/or its independent judging agency which are final and binding in all respects.
2. SWEEPSTAKES PERIOD: Sweepstakes begins at 12:00:00 a.m. Eastern Standard Time (“EST”) on December 1, 2015 and ends at 11:59:59 p.m. Eastern Daylight Time (“EDT”) on March 31, 2016 (“Sweepstakes Period”). The Sweepstakes Period is divided into thirteen (13) entry periods as defined in the table below (each an “Entry Period”). Each Entry Period begins at 12:00:00 a.m. on the Start Date listed and ends at 11:59:59 p.m. (EST or EDT, as the case may be) on the End Date listed below. Sponsor’s computer is the official time keeping device for this Sweepstakes.
3. HOW TO ENTER: During the Sweepstakes Period, you may participate in one (1) of the following manners:
(b) To enter without sending a Text Message: Visit www.LightandFitsweepstake.com (the “Website”) and complete and submit the registration form including a valid home address (P.O. Boxes are not permitted) to receive one (1) entry into random drawing.
In the event of an identity dispute, the entry will be considered made by the registered owner of the email address used for the entry. No other forms of entry are valid. Limit one (1) entry per email address/person per day, regardless of entry method used. A “day” is defined as the twenty four (24) hours between 12:00:00 a.m. and the following 11:59:59 p.m. (EST or EDT, as the case may be).
4. ENTRY GUIDELINES: All entries submitted via the Text Message method of entering may not be obscene or indecent; cannot be sexually explicit or suggestive, profane or pornographic, violent or derogatory of any ethnic, racial, gender, religious, professional or age group; cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any political agenda or message; cannot be offensive, endorse any form of hate or hate group; cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products or services, or other people, products or companies; cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; may not invade privacy or other rights of any person, firm or entity; may not in any other way violate any applicable federal, state or local laws or regulations or the Terms of Service on the Website; may not contain any reference to any third party trademarks, names or third party logos or any
￼copyrighted components (except Sponsor’s); and cannot contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses. Entries not in compliance with the Entry Guidelines may be disqualified.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ACROSS ANY OR ALL OF SPONSOR’S DIGITAL AND SOCIAL ASSETS INCLUDING THE WEBSITE, AT SPONSOR’S DISCRETION. Submission of an entry grants Sponsor and its agents the right to publish, use, and/or publicly perform such entry in any way, in any and all media, including for use in advertising and marketing, without limitation, and without consideration to the entrant.
ENTRIES (IF ANY) POSTED TO THE WEBSITE OR ANY OF SPONSOR’S DIGITAL ASSETS ARE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. By submitting an entry, you agree that your entry is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose or otherwise disclose the ideas contained in the entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
5. RANDOM DRAWINGS: One (1) winner will be selected for each Entry Period in a random drawing to be held on or about the Drawing Date listed in Rule #2 from among all eligible entries received for the corresponding Entry Period. All Non-winning entries will be rolled over into subsequent Entry Period random drawings. All random drawings will be conducted by Sponsor’s Sweepstakes administrator, whose decisions are final and binding. Odds of winning a prize depend upon the number of eligible entries received for a given Entry Period and the eligible entries carried forward from previous Entry Periods.
6. PRIZE DETAILS: Prizes (650 total, 50 per Entry Period): One (1) Fitbit Flex®. Approximate Retail Value (“ARV”): $99.00 each. If winner cannot accept prize as stated, prize may be forfeited. No substitution, cash redemption or transfer of prize permitted, except in Sponsor’s sole discretion. Sponsor reserves right to substitute prize with prize of equal or greater value if advertised prize becomes unavailable. Total ARV of all prizes is $64,350.00. Any difference in value will not be awarded to the prize winner. Limit one (1) prize per person/email address/household.
7. GENERAL CONDITIONS: By entering, participants agree (and agree to confirm in writing) that: (a) Sponsor, its parent, subsidiaries, related and affiliated entities, partners, members, representatives, consultants, contractors, legal counsel, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) are released, will have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind to person(s) including, without limitation, death, or property, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Sweepstakes or any Sweepstakes-related activities including, without limitation, any travel related thereto; (b) except where legally prohibited, winners grant (and
￼agree to confirm that grant in writing) permission to Sponsor and those acting under its authority the right to the use of his/her name, picture (including the “Selfie” if entrant entered via Text Message), likeness, voice, biographical information and statements, at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide in perpetuity, and on the Internet and World Wide Web, without notice, review or approval, unless prohibited by law;; and (c) Sponsor is not responsible for any inability of winner to accept or use the prize for any reason. Each prize winner shall bear all risk of loss or damage to his/her prize after it has been delivered.
9. LIABILITY LIMITATIONS: The Released Parties are not responsible for lost, late, illegible, incomplete, stolen, postage-due, mutilated, non-delivered or misdirected entries, text messages or mail; or for interrupted or unavailable satellite, network, server, Internet Service Provider, Website, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of an entry or other information or the failure to capture, or loss of, any such information. Persons who tamper with or abuse any aspect of this Sweepstakes or otherwise attempt to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair entry practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor representatives, as solely determined by the Sponsor, will be disqualified. Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods, and disqualify any participant using such methods. The Released Parties are not responsible for injury or damage to participants’ or to any other person’s wireless device or computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the Website. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by Website users,
￼human error, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction or unauthorized use of Website or any equipment associated with this Sweepstakes. Sponsor reserves the right, in its sole discretion to cancel or suspend this Sweepstakes should fraud, virus, bugs or other causes beyond the control of Sponsor corrupt the administration, security or proper play of the Sweepstakes. In the event of cancellation, Sponsor will randomly award the prize from among all eligible, non-suspect entries received prior to cancellation.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
10. BINDING ARBITRATION AND DISPUTES: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN SPONSOR’S SWEEPSTAKES, EACH PARTICIPANT INCLUDING EACH PRIZE WINNER AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE
￼LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF- POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT OR PRIZE WINNER BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT AND EACH PRIZE WINNER’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY PARTICIPANT.
11. GOVERNING LAW AND JURISDICTION: By participating, participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules, and any matters or proceedings which are not subject to arbitration as set forth in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the County of Westchester. By participating, participants consent to the jurisdiction and venue of the federal, state and local courts located in Westchester County, New York.
12. WINNER’S LIST/OFFICIAL RULES REQUEST: For the name of the winner, mail a self- addressed, stamped envelope to: Light & Fit Sweepstakes, 10 South 5th Street, 7th Floor, Dept. 856-720, Minneapolis, MN 55402 for receipt by April 29, 2016. Indicate on the outside of the envelope “Winner’s List Request” or “Official Rules Request”. Official Rules are also available at www.LightandFitsweepstake.com.
SPONSOR: The Dannon Company, Inc., 100 Hillside Avenue, White Plains, NY 10603-2863. This Sweepstakes is in no way sponsored or administered by Fitbit.
© 2015 The Dannon Company, Inc. All rights reserved.
© Fitbit, the Fitbit logo, and Fitbit Flex are trademarks and/or registered trademarks of Fitbit, Inc. in the United States and in other countries.