Stonyfield – Back To School Sweepstakes
Specifics relating to the prizes not specified herein are at sole discretion of Sponsor. The winners are solely responsible for any costs and expenses incidental on or due in connection with their prize not specified herein. The prizes may not be transferred or assigned, except at the Sponsor’s sole discretion. No substitution of the prizes will be permitted or provided, except that Sponsor, in its sole discretion, may provide a prize of comparable or greater value. Sponsor specifically reserves the right in its sole discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable, in whole or in part, for any reason. Sponsor will not replace a lost or stolen prizes. The winners are solely responsible for reporting and paying any and all applicable federal, state and local taxes due in connection with their respective prize. The winners will be required to complete and submit an IRS Form W-9 for receipt of any and all prizes awarded to them valued at $600 or more. Failure to submit a complete IRS Form W-9 when required will result in forfeiture of the prize. Receipt of any prize is conditioned upon compliance with all applicable federal, state and local laws, rules and regulations and these Official Rules.Notice/Verification of Potential Winners. The potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements and verification by Sponsor of eligibility. Sponsor will attempt to notify the entrant who is selected as a potential winner by e-mail within three (3) business days of their respective selection. If an entrant does not respond to such notification within two (2) business days or cannot or refuses to accept the prize, or any portion thereof, the prize will be forfeited and an alternate potential winner will be selected at random from the remaining eligible entries. Sponsor shall not be responsible for (i) the failure of a potential winner to receive Sponsor’s e-mail for any reason, or for the inability of such potential winner to return Sponsor’s e-mail message for any reason; (ii) failed, returned or misdirected notifications due to inaccurate information provided by entrant; or (iii) submissions and responses to a winner’s notification which are lost, late, incomplete, illegible, unintelligible, misdirected, damaged or otherwise not received, in whole or in part, by Sponsor.Sponsor reserves the right to require the potential winners to show proof of identity prior to receiving a prize. The potential winners will be required to complete an Affidavit of Eligibility and Release and such other documents as Sponsor may reasonably require, and return these documents within five (5) business days of delivery.If these documents are returned as undeliverable or are not completed and returned by such deadline or if a potential winner does not meet the eligibility or other requirements of the Sweepstakes, the prize will be forfeited and an alternate winner will be selected at random from the remaining eligible entries. If the prize notification and/or other prize-related information or materials are returned as undeliverable, or any prize documentation is not submitted as required by Sponsor, the corresponding prize will be forfeited and an alternate potential winner will be selected at random from the remaining eligible entries. The Grand Prize will be delivered within ninety (90) days of Sponsor’s receipt of the documents required by Sponsor to be completed and signed by the potential winner. All other prizes will be delivered within thirty (30) days of Sponsor’s receipt of the documents required by Sponsor to be completed and signed by the potential winner. Sponsor shall not be responsible for delivery of any documents and/or the prize or prize-related materials and information provided that Sponsor addresses the documents to the address provided by the potential winner. Sponsor is not responsible for prize information or documents that are lost or misdelivered by the postal service or carrier.ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THIS SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.Suspension and Amendments. Sponsor reserves the right to (i) suspend, modify or cancel this Sweepstakes, at any time in its sole discretion, if the Sweepstakes cannot be operated as planned or in the event any computer virus, worm, bug, tampering, unauthorized intervention, fraud, technical failures or other errors or problems beyond Sponsor’s control should corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, or for any other reason and, if this Sweepstakes is cancelled, to select a winner from among the eligible entries in the Sweepstakes drawing prior to the cancellation date or to recommence the Sweepstakes, at such time(s) and upon such terms and conditions as Sponsor shall deem reasonable under the circumstances; and (ii) extend the Sweepstakes Period, by providing notice on the Sweepstakes Website, located at backtoschool.stonyfield.com, if Sponsor determines, in its sole discretion, that there is an insufficient number of eligible Sweepstakes entries or in the event of unexpected difficulties or other causes beyond Sponsor’s control.Announcement of Winners. The winners will be announced and posted by Sponsor on the Sweepstakes Website located at backtoschool.stonyfield.com, following the completion of the Sweepstakes and verification of the winner. The winner may also be announced on www.stonyfield.com and/or Sponsor’s Facebook, Twitter and/or Instagram sites currently located at www.facebook.com/stonyfield, twitter.com/stonyfield, and/or www.instagram.com/stonyfield.Use of Winners’ Names and Likeness. By submitting an entry, each entrant, acknowledges and agrees that, if selected as a winner, Sponsor may post entrant’s first name and state of legal residence on www.stonyfield.com and/or Sponsor’s Facebook, Twitter and/or Instagram sites currently located at www.facebook.com/stonyfield, twitter.com/stonyfield, and/or www.instagram.com/stonyfield. A winner who accepts a prize will be deemed thereby to have granted to Sponsor the right, at any time and from time to time, to print, publish, broadcast and use, worldwide and in any media now known or hereafter developed, including but not limited to, the Internet and world wide web, the winner’s name, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration, or right of review or notification, except where prohibited by law, and to have agreed to provide documentation in writing to confirm the foregoing promptly upon request by Sponsor.Release of Liability. By participating in the Sweepstakes, each entrant, for himself/herself agrees that Sponsor, and its parent, subsidiaries and affiliated companies, and their respective successors and assigns, and any and all of their respective officers, directors, shareholders, employees, agents, representatives, licensees, and advertising and promotion agencies (collectively, the “Released Parties”), shall not be liable for any personal injury, death, loss or damage of any kind or any other causes of action or claims related to entrant’s participation in the Sweepstakes, any Sweepstakes-related activity, or acceptance or use of the prize awarded, or any portion thereof, and/or based on publicity rights, defamation or invasion of privacy. By participating in the Sweepstakes, each entrant agrees to release and discharge, and hereby releases and discharges, for himself/herself, the Released Parties from any liability arising from or related to the Sweepstakes, including without limitation, liability arising from or related to claims for personal injury, death, property damage, or claims based on publicity rights, defamation, or invasion of privacy.Indemnification. Each entrant agrees to indemnify, defend and hold harmless the Released Parties from and against any loss, damage or expense (including court costs and attorneys’ fees) that any or all of them may suffer or incur as a result, directly or indirectly, of, or in conjunction or connection with entrant’s participation in the Sweepstakes, any Sweepstakes-related activity, receipt, acceptance, use and/or enjoyment of the prize awarded, or any portion thereof, and/or any breach or alleged breach of any warranty or representation made by entrant in connection with the Sweepstakes.Unlawful Conduct and Disqualification. Sponsor reserves the right, in its sole discretion, to disqualify any entrant who Sponsor determines, in its sole discretion, has (a) tampered with the entry process or the operation of the Sweepstakes or of any web site owned, operated or controlled by Sponsor or its parent, subsidiaries or affiliated companies; (b) was ineligible to participate in the Sweepstakes; (c) submitted more than the allowed number of entries; or (d) otherwise acted in an unlawful manner and/or in violation of these Official Rules. Robotic, automated, programmed, or computer generated entries or mechanical reproductions are prohibited, and any use of such devices or entry methods will cause disqualification. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operations of the Sweepstakes is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law and to disqualify such entrant from the Sweepstakes.Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SPONSOR BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS OR HARM TO BUSINESS OR REPUTATION, ARISING OUT OF ENTRANTS’ PARTICIPATION IN THE SWEEPSTAKES, USE OF ANY PHOTO PROVIDED BY ENTRANTS, POSTING ON OR ACCESS AND/OR DOWNLOAD OF ANY MATERIALS OR INFORMATION FROM ANY WEB SITE OWNED, OPERATED OR CONTROLLED BY SPONSOR OR ITS PARENT OR AFFILIATED COMPANIES, OR ACCEPTANCE OR USAGE OF A PRIZE OR ANY PORTION THEREOF, AND INCLUDING WITHOUT LIMITATION DAMAGE TO PROPERTY AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAMAGES FOR BODILY OR PERSONAL INJURY, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. ENTRANT AGREES THAT THE AGGREGATE LIABILITY OF SPONSOR ARISING OUT OF ANY KIND OF CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED $100.00. LIMITATIONS OR EXCLUSIONS OF LIABILITY SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.Severability. If any one or more provisions of these Official Rules are held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the validity, effect or enforcement of any other provision or provisions of these Official Rules.Force Majeure. The failure of Sponsor to comply with any provision of this Official Rules due to an act of God, hurricane, war, terrorism, fire, riot, earthquake, actions of governmental authorities outside the control of Sponsor or other force majeure event shall not be considered a breach of these Official Rules.Governing Law; Jurisdiction; Venue; Limitation of Damages. These Official Rules shall be interpreted in accordance with New Hampshire law without regard to its conflicts of laws provisions. Each entrant agrees that the state and federal courts located in New Hampshire shall have exclusive jurisdiction over any dispute arising from or relating to these Official Rules, this Sweepstakes or entrant’s participation in this Sweepstakes, and entrant’s consent to the personal jurisdiction and venue thereof. ALL DISPUTES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT INCLUDE ATTORNEYS’ FEES, AND UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES (SUBJECT TO THE LIMITATION OF LIABILITY PROVISION ABOVE) AND WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. Official Rules and Winners’ Names. To obtain the names of the Sweepstakes winners (after the conclusion of the Sweepstakes) and/or a copy of the Official Rules, send a self-addressed stamped envelope to: Stonyfield Farm, Inc., 10 Burton Dr., Londonderry, NH 03053, Attn: Stonyfield Back to School Sweepstakes. Please specify “Winners’ Names” or “Official Rules” in your request.