Infatuation & Noosa – Take Back Adventure – Win $10000 plus 1-year of free Noosa yogurt (365 coupons good for 1 free single container of 4.5oz-8oz Noosa yoghurt per transaction at any retailer where Noosa yoghurt is sold).
THE INFATUATION & NOOSA TAKE BACK ADVENTURE SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES, OR TO CLAIM A
PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH
LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SPONSOR TO
BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL
ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SPONSOR ON AN INDIVIDUAL BASIS, NOT
AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR
PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING
MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
The Noosa Take Back Adventure Sweepstakes (the “Sweepstakes”) begins at 12:01 a.m. EST on July 14,
2021 (the “Sweepstakes Start Date”) and ends at 11:59 p.m. EST August 11, 2021 (the “Sweepstakes End
Date”), (such period referred to herein as the “Sweepstakes Period”). The Sweepstakes is sponsored by The
Infatuation Inc. (the “Sponsor”).
1. HOW TO ENTER: To enter, provide first & last name, email, and zip on the entry form found at
takebackadventure.com. Participation in the Sweepstakes is voluntary and does not require you to
purchase anything from the Sponsor. To enter by mail, print your first and last name, complete address,
city, state, zip code, daytime telephone number, date of birth, and e-mail address (if available) on a
three-by-five-inch card. Put the card in an envelope, affix first-class postage, and send it to the Sponsor
with attention to Noosa Take Back Adventure. No illegible, incomplete, forged or altered entries will be
accepted. All entries must be received by the last day of each month during the Sweepstakes Period.
One entry per person. Mechanically reproduced entries not accepted. All entries become the property of
the Sponsor and will not be returned.
$10,000 plus 1-year of free Noosa yogurt (365 coupons good for 1 free single container of 4.5oz-8oz Noosa
yoghurt per transaction at any retailer where Noosa yoghurt is sold).
Odds of winning is affected by the number of eligible entries received by the Sweepstakes End Date. Total
approximate retail value of all prizes: $10,726.35 (actual value may vary). Allow 3-4 weeks after validation of
arrangement for receipt of prize. The actual number of prizes awarded is based on the number of eligible
entries received. There is no substitution, cash equivalent or transfer of prizes allowed. Winner will be solely
responsible for all other expenses not specifically set forth herein. The Sponsor reserves the right to substitute
prizes of equal or greater value. No other substitution or transfer of prizes permitted. The Sponsor is
responsible only for prize delivery; not responsible for prize utility, quality or otherwise. In order to receive a
prize, winner may be required to provide proof of identification. Taxes on any prize, including income and/or
sales taxes, are the sole responsibility of winner(s). The winner(s) of any prize with a value of $600 or greater
will be issued a 1099 U.S. Tax Form for the retail value of the prize.
3. ELIGIBILITY: Sweepstakes is only open to legal residents of the United States who are at
least 18 years old at the time of entry. Entries are limited to individuals only; commercial enterprises and
business entities are not eligible. By participating in the Sweepstakes, each entrant accepts the conditions stated
in these Official Rules, agrees to be bound by the decisions of the Sponsor and warrants that s/he is eligible to
participate in the Sweepstakes. Employees, independent contractors, officers, and directors of the Sponsor,
affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, and their immediate
family members and persons living in the same household, are not eligible to participate in the Sweepstakes.
SWEEPSTAKES IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable
federal, state and local laws and regulations.
4. SELECTION OF WINNERS: On or about August 12, 2021 the Sponsor will randomly select
the winner(s). Winners will be selected from all eligible entries received by the Sweepstakes End Date.
Winners will be notified by mail, telephone or email using the information provided on the official entry form,
within 30 days of the drawing. In the event the winner does not accept the prize, the winner is ineligible, or the
prize or prize notification is not deliverable an alternate winner may be selected. The Sponsor is not responsible
for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify winner. Winners agree to
use of name, address, likeness, and/or prize information for promotional purposes in any medium without
additional compensation to the extent permitted by law. Where lawful, winner may be required to sign and
return a Publicity Consent and Liability Release.
5. CONDITIONS: The Sponsor [and Facebook/Twitter], and its [their respective] agents, directors,
officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors,
successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors (the “Released
Entities”), are not responsible for, shall not be liable for, and hereby disclaim all liability arising from or relating
to: (i) late, lost, stolen, delayed, damaged, misdirected, misaddressed, incomplete, unintelligible or postage-due
entries; (ii) telephone, electronic, hardware or software program, network, Internet, computer or other
malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled,
or delayed computer or e-mail transmissions; (iv) any condition caused by events beyond the control of the
Sponsor; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the prize, or
acceptance, possession, or use of the prize, or from participation in the Sweepstakes; or (vi) any printing or
typographical errors in any materials associated with the Sweepstakes. The Sponsor reserves the right, in its
sole discretion, to suspend, modify or cancel the Sweepstakes should any unauthorized human intervention or
other causes beyond the Sponsors’ control corrupt or affect the administration, security, fairness or proper
conduct of the Sweepstakes. In the event that proper administration of the Sweepstakes is prevented by such
causes as contemplated above, the Sponsor will pick the winners from all eligible, non-suspect entries received
prior to such action. By participating in the Sweepstakes, participants and winners agree to release, discharge
and hold harmless the Released Entities, and all others associated with the development and execution of the
Sweepstakes, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating
to the Sweepstakes, participation in the Sweepstakes, the prize, and/or acceptance, possession, use or misuse of
the prize, including but not limited to statutory and common law claims for misappropriation or participant’s
right of publicity. This Sweepstakes shall be governed by New York law.
6. ARBITRATION AGREEMENT: PLEASE READ THIS SECTION CAREFULLY AS IT
AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate. This Section is referred to in these Official Rules as the
“Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between
you and Sponsor, whether arising out of or relating to these Official Rules (including any alleged breach
thereof), any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively
through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration
Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further,
this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local
agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by
entering into these Official Rules, you and Sponsor are each waiving the right to a trial by jury or to participate
in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal
Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER
ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND
SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE
THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY
FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE
ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY
RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE
EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL
c. Pre-Arbitration Dispute Resolution. Sponsor is always interested in resolving disputes
amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction
by emailing customer support at firstname.lastname@example.org. If such efforts prove unsuccessful, a party who
intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”).
The Notice to Sponsor should be sent to 424 Broadway, 5th
Fl., NY, NY 10013, Attention: Legal Department
(“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth
the specific relief sought. If Sponsor and you do not resolve the claim within sixty (60) calendar days after the
Notice is received, you or Sponsor may commence an arbitration proceeding. During the arbitration, the
amount of any settlement offer made by Sponsor or you shall not be disclosed to the arbitrator until after the
arbitrator determines the amount, if any, to which you or Sponsor is entitled.
d. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in
accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s
Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this
Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information
about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page,
http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and
any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless
the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in
a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Official Rules as a court
would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope,
enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually
simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same
damages and relief on an individual basis that a court can award to an individual under these Official Rules and
applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for
very limited reasons.
Unless Sponsor and you agree otherwise, any arbitration hearings will take place in a reasonably
convenient location for both parties with due consideration of their ability to travel and other pertinent
circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If
your claim is for $10,000 or less, Sponsor agrees that you may choose whether the arbitration will be conducted
solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person
hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be
determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator
shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the
award is based.
e. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees
(collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this
Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Sponsor will pay all
Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the
arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator
otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees,
Sponsor will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of
arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the Arbitration
Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Finally, if the
value of the relief sought is $75,000 or less, Sponsor will pay reasonable attorneys’ fees should you prevail.
Sponsor will not seek attorneys’ fees from you. But, if you initiate an arbitration in which you seek more than
$75,000 in relief, the payment of attorneys’ fees will be governed by the AAA Rules.
f. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or
award by the arbitrator, will be strictly confidential for the benefit of all parties.
g. Severability. Without limiting the severability provision in Section of the these Official
Rules, if a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than
Section 6(b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or
provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or
unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court
decides that any of the provisions of Section 6(b) is invalid or unenforceable, then the entirety of this
Arbitration Agreement shall be null and void. The remainder of these Official Rules will continue to apply.
h. Future Changes to Arbitration Agreement. Notwithstanding any provision in these
Official Rules to the contrary, Sponsor agrees that if it makes any future change to this Arbitration Agreement
(other than a change to the Notice Address) while you are a user of the Services, you may reject any such
change by sending Sponsor written notice within thirty (30) calendar days of the change to the Notice Address
provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us
in accordance with the language of this Arbitration Agreement.
7. WINNERS LIST: To obtain the first name, last initial, city and state of the Sweepstakes
winner(s) after the Sweepstakes End Date, send a separate self-addressed, stamped envelope marked “Noosa
Take Back Adventure Winners List” to the Sweepstakes Sponsor. Requests for winners list must be received no
later than 90 days from the Sweepstakes Date (residents of Vermont and Washington need not include return
8. SWEEPSTAKES SPONSOR:
The Infatuation Inc.
Noosa Take Back Adventure
424 Broadway, 5th
New York, NY 10013
9. NOTICE: The Sponsor reserves the right to prosecute and seek damages against any individual
who attempts to deliberately undermine the proper operation of the Sweepstakes in violation of these Official
Rules and/or criminal and/or civil law.
10. Copyright 2021 The Infatuation Inc. All rights reserved. The Infatuation Inc. and the associated
logo are registered trademarks of The Infatuation Inc. Any other trademarks in these Official Rules are used for
prize identification purposes ONLY and are the properties of their respective owners.