Danone Silk – Ultra Upgrade Sweepstakes
Silk® ULTRA Upgrade Sweepstakes (“Sweepstakes”)
2021 OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND DISTRICT OF COLUMBIA. DO NOT ENTER IF YOU ARE NOT LOCATED IN FIFTY (50) UNITED STATES OR DISTRICT OF COLUMBIA AT THE TIME OF ENTRY. VOID WHERE PROHIBITED.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC., TWITTER, INC., OR INSTAGRAM, INC.
ELIGIBILITY: Open only to legal residents of the fifty (50) United States and District of Columbia, who are at least 18 years of age and of the age of majority in their state of residence (19 in AL & NE, 21+ in MS). The following individuals are not eligible to enter or win a prize: employees, contractors, directors, and officers of Danone US, LLC (“Sponsor”), its parent, subsidiary, and affiliated companies, Marketing Resources, Inc. and the web design, advertising, fulfillment, legal, administrative, and promotion agencies involved in the administration, development, fulfillment, and execution of this Sweepstakes (collectively, “Sweepstakes Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, whether biological, adopted, “step” or in-law of each) and those living in the same household of each such person (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Sweepstakes).
SWEEPSTAKES PERIOD: Sweepstakes begins on February 16, 2021 at 12:00:00 a.m. Central Time (“CT”) and ends on March 7, 2021 at 11:59:59 p.m. CT (the “Sweepstakes Period”). The Website server is the official clock for this Sweepstakes.
HOW TO ENTER: There are two ways to enter the Sweepstakes:
I. To enter online: During the Sweepstakes Period, visit the website, www.SilkULTRAupgrade.com (the “Website”), to view the Official Rules and the ULTRA Sweat Session workouts. After choosing and completing one of Silk’s designed workouts, take a “post-workout” photo (the “Selfie”), then go online to the Website and follow the online on-screen instructions to complete the registration form, upload the Selfie, and write a few sentences, 50 words or less, telling how plant-based options like Silk® ULTRA powers you to crush your fitness goals (the “Essay”), to receive one (1) entry (“Entry”) into the Sweepstakes. For an Entry to be valid, entrant must complete the registration form with all required information, upload one (1) Selfie, and submit the Essay. Any incomplete Entries will be considered ineligible. Standard data rates may apply if you access the Website from your mobile device, and you are solely responsible for any such charges. Selfies and Essays will not be judged.
Please consult a medical professional before prior to any change in your exercise regime/before doing a workout. Sponsor is not a substitute for consultation with a qualified physician or other health care provider. ALWAYS CALL 911 IN THE CASE OF AN EMERGENCY.
II. To enter by mail without working out, taking/submitting a picture: During the Sweepstakes Period, legibly hand-print the following information on a postcard or piece of paper: Silk ULTRA Upgrade Sweepstakes, your full name, full mailing address (no PO Boxes), phone number, email address and date of birth (also an “Entry”), insert the postcard or paper into a standard size envelope, and mail the envelope with proper postage to: Silk ULTRA Upgrade Sweepstakes, P.O. Box 3129, Oak Park, IL 60303-3129 to receive one (1) entry into the Sweepstakes. Mail-in entries must be handwritten. All entries must be postmarked by March 8, 2021, and received by March 15, 2021. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. No mechanical reproductions will be accepted. Sponsor is not responsible for lost, late, illegible, invalid, misdirected, mutilated, incomplete, or postage-due mail/entries, which will be disqualified. Entrants must fully complete and submit all required information to be eligible.
Limit one (1) Entry per person, regardless of method of entry, during the Sweepstakes Period. Standard data rates may apply if the Website is accessed via a mobile device, and entrants are solely responsible for any such charges. Use of email addresses from disposable or temporary email address services, or email forwarding services, is prohibited and any attempt to play using such an email address will be blocked. An email address is required to enter. Entrants may not enter with multiple email addresses nor may entrants use any other device or artifice to enter multiple times above the stated limit or as multiple entrants. Any entrant who attempts to enter with multiple email addresses or uses any device or artifice to enter multiple times may be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion. Proof of submission is not proof of receipt by Sponsor. In the event of a dispute as to who submitted the entry, the natural person associated with the email account used for entry will be considered the entrant, but only if that person is otherwise eligible to enter the Sweepstakes. By participating, entrants agree to abide by and be bound by these Official Rules and the Sponsor’s decisions.
All Selfies must be 4MB or less, and in one of the following file formats: jpg or .png. All Essays must 50 words or less and be in English. Entries may be reviewed for content eligibility and compliance with these Official Rules before posting to the gallery at the Website in Sponsor’s sole discretion. Entries must be the original work of the entrant; may not have won previous awards; may not have been used publicly previously by the entrant or any third party including as an Entry in this Sweepstakes; must not infringe on any third party’s rights; must be suitable for publication (i.e., may not be obscene or indecent); must not contain obscene or pornographic material; may not contain defamatory statements; may not invade privacy, publicity, or other rights of any person, firm or entity; may not in any other way violate applicable laws and regulations; may not contain any reference to any third party trademarks, names, or third party logos; and may not contain any copyrighted works owned by third parties. Entries that are deemed by the Sponsor, in its sole discretion, to be in violation of these Official Rules or to be otherwise infringing, harmful, inappropriate, defamatory, or generally not in keeping with the image of Sponsor, may be rejected and will not be eligible to participate in the Sweepstakes and may be removed from the Website. Each Entry must be suitable for display and publication in all forms of media, including but not limited to the Internet, the World Wide Web, print, radio, and network, cable, or satellite television broadcast. Entrant acknowledges and agrees that all decisions of Sponsor are final and binding. Submission of an Entry grants Sponsor and its agents non-exclusive, perpetual, irrevocable, world-wide royalty-free license (and waive all moral rights in and to the Entry and Selfie) to display, reproduce, distribute, publish, perform, edit, otherwise use the Entry and Selfie for advertising and promotional purposes, including the display of the Entry and/or Selfie on Sponsor’s website(s), Facebook and/or Twitter pages, Instagram and/or Pinterest channels and/or any other social media platforms in connection with this Sweepstakes, and without compensation or consideration to the entrant, whether or not such Entry is selected as a winning Entry. For clarity, Sponsor has the right (but not the obligation) to publish any Entry and/or Selfie on Sponsor’s website(s) and/or social media channels and as Sponsor otherwise so chooses.
If selected as a potential winner, you further agree to grant Sponsor and its agents the unconditional, irrevocable, worldwide right and license to publish, use, adapt, edit, and/or modify the Entry or any part thereof (including the Selfie) in any way, including each component of the Entry, together or separately, in whole or in part, in any and all media, now known or hereafter developed, without limitation, and without additional compensation or consideration to you other than the delivery of your prize, and to execute any additional licenses or legal documents reflecting such grant of rights.
BY SUBMITTING AN ENTRY AND/OR ACCEPTING PRIZE, EACH ENTRANT (AND WINNER WHERE APPLICABLE) REPRESENTS AND WARRANTS THAT HE/SHE HAS ALL RIGHT, TITLE, AND INTEREST NECESSARY TO GRANT THE SPONSOR THE RELEVANT RIGHTS DESCRIBED ABOVE AND AGREES TO INDEMNIFY AND HOLD SPONSOR HARMLESS FROM ANY CLAIMS TO THE CONTRARY. BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE, IN SPONSOR’S SOLE DISCRETION. SPONSOR RESERVES THE RIGHT TO, AND MAY OR MAY NOT MONITOR/SCREEN ENTRIES PRIOR TO POSTING THEM ON THE WEBSITE. BY ENTERING, YOU ACKNOWLEDGE THAT SPONSOR HAS NO OBLIGATION TO USE OR POST ANY ENTRY YOU SUBMIT. WITHOUT LIMITING THE FOREGOING, SPONSOR RESERVES THE RIGHT TO REMOVE ANY SELFIE AND DISQUALIFY THE RELATED ENTRY IT DEEMS, IN ITS SOLE, SUBJECTIVE DETERMINATION, TO BE INAPPROPRIATE WITHOUT ANY OBLIGATION TO ENGAGE IN ANY COMMUNICATION, COMMENT OR DISCUSSION ABOUT ANY SUCH SELFIE OR ENTRY AND/OR ANY DECISION TO REMOVE SUCH SELFIE AND DISQUALIFY ITS CORRESPONDING ENTRY. ALL DECISIONS OF SPONSOR ARE FINAL.
DRAWING AND ODDS OF WINNING: Fifty (50) potential Grand Prize winners ( the “Winners”) will be selected in a random drawing from among all eligible Entries received during the Sweepstakes Period. Odds of winning depend on the number of eligible Entries received. The drawing will be conducted from all eligible Entries received, on or about March 23, 2021, by a third-party Sweepstakes administrator engaged by the Sponsor. Sponsor and administrator’s decisions shall be final and binding on all matters relating to the Sweepstakes.
PRIZES AND APPROXIMATE RETAIL VALUES (“ARVs”)
Fifty (50) Grand Prizes: an at-home gym kit, as detailed below. ARV: $683.60 each
• At-home gym kit, each containing the following items:
(1) 20lb kettlebell, ARV: $120.00
(1) pair of 8lb hand weights, ARV: $84.00
(1) bag of resistance bags (lightweight), ARV: $55.00
(1) foam roller, ARV: $100.00
(1) on-the-go blender, ARV: $85.00
40 Silk beverage coupons – One (1) serving per day from 3/31/21 – 12/31/21 (ARV: $5.99 each or $239.60)
Total ARV of all Prizes in the Sweepstakes: $34,180.00
PRIZE RESTRICTIONS: Limit one (1) Grand Prize per person/household. Prizes are non-transferable and no cash redemption or prize substitution permitted, except at the sole discretion of the Sponsor. Sponsor reserves the right in its sole discretion to substitute a prize with one of equal or greater value for any reason. Grand Prize winners are solely responsible for any taxes on the prize. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the Winners. Any difference between the stated ARV and actual value at the time the prize was awarded will not be awarded. Sponsor does not make, nor in any manner is responsible or liable for, any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prizes including but not limited to their quality, fitness for purpose, or condition. All product and brand images are trademarks or registered trademarks of their respective companies, which are not sponsors or affiliated with this Sweepstakes. All prize details shall be determined by Sponsor in its sole discretion.
PRIZE NOTIFICATION: Winners are subject to verification, including verification of age. All potential Grand Prize winners will be contacted on or about March 25, 2021 via email supplied at registration and will be required to respond via email within (48) hours to confirm his/her acceptance of the prize. Upon Sponsor’s receipt of the potential Grand Prize winner’s return email, each of the potential Grand Prize winners will be required to verify his/her eligibility by completing, signing, notarizing, and returning an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release (granting the use of the winner’s name, city/state, likeness, or photograph by Sponsor for advertising/publicity purposes, without further compensation), a U.S. tax form W-9, and supply a copy of their Driver’s License or government-issued I.D within five (5) business days of traceable email receipt, or prize may be forfeited and an alternate potential Grand Prize winner may be contacted. The Grand Prize will be forfeited, and an alternate potential winner may be contacted if: (1) a prize notification is unclaimed or returned as undeliverable; (2) if notification email is not received and returned in a timely manner for any reason including because of spam filters; (3) if any prize correspondence is not returned within the required time period; (4) or, if a potential winner declines the prize (or any portion thereof) for any reason, or is found to be ineligible or noncompliant with these Official Rules. Sponsor is not responsible for any change of email/mailing address and/or telephone number of entrants.
Prize Delivery: Grand Prizes will be shipped to the mailing address provided at the time of verification within 6 – 8 weeks after verification of prize winners.
Taxes: Winners are solely responsible for any taxes on the prize, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. The Winners will be issued an IRS Form 1099 in January of 2022 reporting the value of the prize, as shown above, as additional income in 2021. As a condition of winning, each potential Grand Prize winner will be required to complete a W9 Tax Form and will be required to furnish his/her social security number for the sole purpose of preparation of any tax forms as required by law.
GENERAL CONDITIONS: INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. If the Sweepstakes is not capable of running as planned for any reason, including without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify, or terminate the Sweepstakes. In the event of cancellation, Sponsor will award the prizes in a drawing from among all eligible, non-suspect entries received prior to cancellation. In the event that an entry is confirmed to have been erroneously deleted, lost, or destroyed, entrant’s sole remedy shall be another entry into the Sweepstakes.
LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor, Instagram, Inc, Twitter, Inc., Facebook Inc, or Sweepstakes Parties (collectively, “releasees”) resulting from entrant’s participation in, attempt to participate in, or download of any information in connection with participating in the Sweepstakes and/or any acceptance or use of any prize item. No responsibility or liability is assumed by the releasees for technical problems or technical malfunction, including, without limitation, those arising in connection with any of the following occurrences that may affect the operation of the Sweepstakes: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or internet connectivity, or other online communication problems; errors or limitations of any internet service providers, servers, hosts, or providers; garbled, jumbled, or faulty data transmissions; failure of any email transmissions to be sent to or received; lost, late, delayed, or intercepted email transmissions; inaccessibility of the website in whole or in part for any reason; traffic congestion on the internet or website; or unauthorized human or non-human intervention in the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bug, worm; or destruction of any aspect of the Sweepstakes. Sponsor is not responsible for any typographical errors in the announcement of any prize or these official rules, or any inaccurate or incorrect data contained on promotional materials or on the website. Use of website is at entrant’s own risk. Releasees are not responsible for any personal injury or property damage or any other losses of any kind that may be sustained to entrant’s or any other person’s computer equipment resulting from participation in the Sweepstakes, use of the website, or the download of any information from the website, or any other loss related to entrant’s participation in the Sweepstakes or receipt of any prize. As a condition of entering, entrants agree to release the releasees from any and all liability, loss, or damage incurred with respect to entrant’s participation in the Sweepstakes and the awarding, receipt, possession, and/or use or misuse of any prize.
BINDING ARBITRATION: Any controversy or claim arising out of or relating to the 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 Iowa 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 ENTRANT’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 THIS SWEEPSTAKES, EACH ENTRANT 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 ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT 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) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF NY) AND ENTRANT 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 ENTRANT.
PUBLICITY: Except in Tennessee, and where prohibited by law, by accepting a prize, winners grant permission for Sponsor and those acting under its authority to use their name, and address (city and state), photograph, voice and/or likeness, for advertising and/or publicity purposes, in any and all media (including posting on Website) now known or hereinafter invented without territorial or time limitations and without further notice to and without additional compensation. If selected as a winner, the participant’s information may also be included in a publicly-available Winner’s list.
GOVERNING LAW & JURISDICTION: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, your 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 Colorado without giving effect to any choice of law or conflict of law rules thereof. By entering, you consent to the jurisdiction and venue of the federal, state, and local courts located in Broomfield County, Colorado for the resolution of all matter or proceedings which are not subject to arbitration as set forth in Section 10 of these Official Rules and agree that any and all such disputes shall be resolved exclusively in those courts. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
WINNERS LIST: The list of winners will be available on the Website, www.SilkULTRAUpgrade.com, for thirty (30) days following the verification of Grand Prize winners.
SPONSOR AND ADMINISTRATORS: This Sweepstakes is sponsored by Danone US, LLC, 12002 Airport Way, Broomfield, CO 80021 and administered by ICF Next, Inc., 420 N. 5th St. Fl. 10, Minneapolis MN 55401 and Marketing Resources, Inc., 1144 Lake St., Oak Park, IL 60301 (“Administrators”). This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with Facebook, Twitter, Instagram, or any other Social Media Site utilized by the Sweepstakes.
Copyright © 2020 Danone. All rights reserved.