Danone – Stok Cold Brew 4/20 – Win $420.00 cash deposited on 4/20/21 directly to the winner’s Venmo account

STōK Cold Brew 4/20 Sweepstakes (“Sweepstakes”)
2021 OFFICIAL RULES
NOT OPEN TO THE GENERAL PUBLIC. 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.
1. ELIGIBILITY: NOT OPEN TO THE GENERAL PUBLIC. 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), and who currently deliver prepared food to consumers by
vehicle or bicycle. All entrants must have a Venmo account and supply the phone number associated
to that Venmo account at the time of entry. If you do not have a Venmo account, you can open one for
free at https://venmo.com/. You may only receive a Venmo payment through the Venmo Mobile App
(using your smart phone or tablet). Venmo accounts are subject to the terms as set forth by Venmo.
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).
2. SWEEPSTAKES PERIOD: Sweepstakes begins on April 13, 2021 at 12:00:00 a.m. Central Time (“CT”)
and ends on April 19, 2021 at 11:59:59 p.m. CT (the “Sweepstakes Period”). The website server is the
official clock for this Sweepstakes.
3. HOW TO ENTER: During the Sweepstakes Period, visit the website, www.stok420.com (“Website”)
and follow the online instructions to complete the registration form, which includes your name, address
(no P.O. Boxes), email address and phone number tied to your Venmo account. You will need to write
a few sentences, one-hundred (100) words or less, telling your best delivery story (“Story”) and upload
a picture (“Photo”) that proves that you are a delivery driver (i.e., your phone ID app, a picture with the
delivery vehicle, or a photo of yourself with the food delivery) 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, submit one (1) Story and upload one (1) Photo. 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.
Limit one (1) Entry per person 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 Photos must be 4MB or less, and in one of the following file formats: jpg or .png. Entries may be
reviewed for content eligibility and compliance with these Official Rules. Third party references or logos
may be shown in the picture. However, any third party references or logos will be blurred if the picture
is used for any advertising or marketing purposes. 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 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. 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, Story and Photo) to display, reproduce, distribute,
publish, perform, edit, otherwise use the Entry, Story and Photo for advertising and promotional
purposes, including the display of the Entry, Story and/or Photo 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, Story and/or Photo 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, Story or
any part thereof (including the Photo) 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 STORY/PHOTO 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 STORY/PHOTO OR ENTRY AND/OR ANY
DECISION TO REMOVE SUCH STORY/PHOTO AND DISQUALIFY ITS CORRESPONDING ENTRY.
ALL DECISIONS OF SPONSOR ARE FINAL.
Privacy Policy: Information submitted in connection with this Sweepstakes is governed by Sponsor’s
Privacy Policy (available at https://www.danonenorthamerica.com/privacy-policy or for California only,
https://danonenorthamerica.com/californiaprivacypolicy),
4. DRAWING AND ODDS OF WINNING: One hundred (100) potential Grand Prize winners (“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 April 20, 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.
5. PRIZES AND APPROXIMATE RETAIL VALUES (“ARVs”)
One-hundred (100) Grand Prizes: One hundred verified winners will each receive $420.00 cash
deposited on 4/20/21 directly to the winner’s Venmo account, and a coupon for a STōK cold brew coffee
$5.99 ARV. TOTAL ARV of each prize: $425.99 each.
The Sweepstakes administrator utilizes Hyperwallet payment services to deliver payments to you. Such
payment services are subject to the Hyperwallet Terms of Service and the Hyperwallet Privacy Policy.
Hyperwallet is a member of the PayPal group of companies and provides services globally through its
affiliates. This promotion is in no way sponsored, endorsed, or administered by, or associated with,
Hyperwallet.
Total ARV of all prizes in the Sweepstakes: $42,599.00.
6. PRIZE RESTRICTIONS: Limit one (1) Grand Prize per person. 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. 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. All prize details shall be determined by Sponsor in its sole discretion.
7. PRIZE NOTIFICATION: Winners are subject to verification, including verification of age. All Winners
will be notified on or around 4/20/21, via the email supplied at registration. The notification will inform
them to check their Venmo accounts for the $420.00 deposit and give details on the coupon.
Sponsor will notify randomly drawn winning entrants and may notify such entrant’s company,
organization, or entity with whom entrant is affiliated. Prizes will only be retained by such individuals in
conformity with their company/organization/entity’s internal policies regarding receipt of prizes. Prize
fulfillment is subject to the company, organization, or entity’s (with whom the individual is affiliated)
internal policies. It is the company, organization, or entity’s sole and ultimate responsibility to determine
how and if any prize will be distributed or retained internally and Sponsor assumes no responsibility for
the decisions made by such company, organization, or entity regarding prize receipt.
The Grand Prize will be forfeited, and an alternate potential winner may be contacted if: (1) an email
prize notification is returned as undeliverable; (2) a Venmo deposit is not able to be made by the
Sponsor due to an incorrect phone number associated with winner’s Venmo account supplied at
registration, or (3), 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. The administrator or Sponsor, in its
sole discretion, will attempt to contact up to three (3) alternate winners of the prize per forfeit in
accordance with the above procedure, after which the prize in question may go unawarded if it remains
unclaimed. Sponsor is not responsible for any change of email/mailing address and/or telephone
number of entrants.
.
Taxes: Winners are solely responsible for any taxes on the prize and for any other fees or costs
associated with the applicable prize.
8. 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.
9. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor 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.
10. 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.
11. 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), Story, Photo, 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.
12. 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.
13. WINNERS LIST: The list of winners will be available on the Website, www.stok420.com, for thirty (30)
days following the notification of the Grand Prize winners.
14. 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, administered by, or associated
with Venmo.
Copyright ©2021 Danone. All rights reserved.