Upfield I Can’t Believe It’s Not Butter – Not Butter Summer Sweepstakes

Not Butter Summer SweepstakesPresented by I Can’t Believe It’s Not Butter!®OFFICIAL PROMOTIONAL TERMS & CONDITIONSTo enter and participate in this Sweepstakes, you must agree to and abide by these Official Promotional Terms & Conditions.No Purchase Necessary To Enter Or Win. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. You must have Internet access and an active e-mail account to participate.         Eligibility:Not Butter Summer Sweepstakes (the “Sweepstakes”) is open only to legal residents of the 48 contiguous United States and Washington D.C. (excluding Alaska, Hawaii, Puerto Rico and other U.S. territories), who are at least 18 years of age (or the age of majority in the jurisdiction of their residence, whichever is older) and who have an active e-mail account and Internet access from June 20, 2021 through October 1, 2021. Void where prohibited or restricted by law. Employees of Upfield US Inc. (including the I Can’t Believe It’s Not Butter! brand, “Upfield” or “Administrator” or “Sponsor”), any organizations responsible for fulfilling or administering the Sweepstakes or supplying the Prizes, and each of their respective parent, subsidiary, related and affiliated companies, and the immediate family and household members of all such foregoing individuals are not eligible to enter or win. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three (3) months a year, whether related or not. The Potential Winners may be required to provide proof of eligibility prior to Prize award.Sweepstakes Entry: The Sweepstakes begins at 12:00:01 a.m. ET on June 20, 2021, and ends at 11:59:59 p.m. ET on August 15, 2021 (“Promotion Period”). All times set out in these Official Promotional Terms & Conditions are Eastern Time.  Administrator’s computer is the official clock for the Sweepstakes.During the Promotion Period, navigate the Internet to  not-butter.com/notbuttersummer (the “Website”). To submit an Entry, complete the Sweepstakes entry form on the Website. You will be required to provide your full name and e-mail address (which information will only be used to contact the Potential Winners as explained below, unless you opt into Non-Sweepstakes Communications (as explained below)) (“Entry”).TO SUBMIT AN ELIGIBLE ENTRY, YOU MUST CLICK THE “SUBMIT ENTRY” BUTTON SIGNIFYING THAT YOU MEET THE SWEEPSTAKES ELIGIBILITY REQUIREMENTS AND HAVE READ AND AGREE TO THESE OFFICIAL PROMOTIONAL TERMS & CONDITIONS AND UPFIELD’S TERMS OF USE (AVAILABLE AT https://upfield.com/termsandconditions/en.html). IF YOU DO NOT CLICK THE “SUBMIT ENTRY” BUTTON INDICATING YOUR CONFIRMATION OF AND AGREEMENT TO THE ABOVE, YOU WILL NOT BE ENTERED IN THE SWEEPSTAKES AND CANNOT WIN A PRIZE.Entering into the Sweepstakes means you consent to receive promotional and reminder e-mails relating to the Sweepstakes.  Personal information collected in connection with this Sweepstakes will be treated in accordance with Upfield’s Privacy Policy, available at https://upfield.com/privacypolicy/en.html.Limit one (1) Entry per person during the Promotion Period (other than Bonus Entries), regardless of the number of e-mail addresses or Instagram, Facebook or Twitter accounts a person may have.Multiple Entries in excess of this limitation (other than Bonus Entries) or mass Entry attempts will result in disqualification of all Entries by such person. Entries must be manually key stroked by the entrant; use of automated entry devices or programs and Entries submitted by third parties on behalf of other individuals are prohibited. Incomplete Entries will be disqualified. Proof of entering information at the Website or in the entry form is not considered proof of delivery or receipt of such Entry. 3.              Bonus Sweepstakes Entries (“Bonus Entries”): There are four (4) methods by which an entrant may receive Bonus Entries in the Sweepstakes as detailed below.  No method requires a purchase or payment. Entrants may complete up to four (4) Bonus Entries.i.            I Can’t Believe It’s Not Butter!/Upfield Communications Opt-In: After entering the Sweepstakes, each entrant will be presented with an option to consent to receive news, offers and promotions by e-mail, SMS and online advertising from I Can’t Believe It’s Not Butter! and other Upfield Brands (“Non-Sweepstakes Communications”). Consenting to receive these Non-Sweepstakes Communications is optional. Each entrant may receive one (1) Bonus Entry by opting to receive Non-Sweepstakes Communications.Limit: Each entrant is limited to earning one (1) Bonus Entry by opting into Non-Sweepstakes Communications. Personal information collected will be treated in accordance with Upfield’s Privacy Policy, available at https://upfield.com/privacypolicy/en.html.ii.          Instagram Follow: After entering the Sweepstakes, each entrant may receive  one (1) Bonus Entry by following I Can’t Believe It’s Not Butter!’s account (@icantbelieveitsnotbutter) on Instagram by clicking on the “Follow” button when viewing I Can’t Believe It’s Not Butter!’s page while logged into Instagram.  If you do not have an Instagram account, you may register for one for free at instagram.com.Limit: Each entrant is limited to earning one (1) Bonus Entry by following I Can’t Believe It’s Not Butter!’s Instagram account regardless of how many Instagram accounts are assigned to the entrant.  Multiple entrants may not use the same Instagram account to receive Bonus Entries via this method.iii.         Facebook Follow: After entering the Sweepstakes, each entrant may receive one (1) Bonus Entry by following I Can’t Believe It’s Not Butter!’s account (@icantbelieveitsnotbutter) on Facebook by clicking on the “Follow” button when viewing I Can’t Believe It’s Not Butter!’s page while logged into Facebook.  If you do not have a Facebook account, you may register for one for free at Facebook.com.Limit: Each entrant is limited to earning one (1) Bonus Entry by following I Can’t Believe It’s Not Butter!’s Facebook account regardless of how many Facebook accounts are assigned to the entrant.  Multiple entrants may not use the same Facebook account to receive Bonus Entries via this method.iv.         Twitter Follow: After entering the Sweepstakes, each entrant may receive one (1) Bonus Entry by following I Can’t Believe It’s Not Butter!’s account (@icantbelieveits) on Twitter by clicking on the “Follow” button when viewing I Can’t Believe It’s Not Butter!’s page while logged into Twitter.  If you do not have a Twitter account, you may register for one for free at Twitter.com.Limit: Each entrant is limited to earning one (1) Bonus Entry by following I Can’t Believe It’s Not Butter!’s Twitter account regardless of how many Twitter accounts are assigned to the entrant.  Multiple entrants may not use the same Twitter account to receive Bonus Entries via this method.All actions necessary to receive Bonus Entries must be completed during the Promotion Period.4.              Additional Terms:  If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Administrator’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Administrator reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Sweepstakes, in whole or in part. In such event, Administrator reserves the right to conduct the Sweepstakes and award the Prizes by means of a random drawing comprised of all eligible Entries and Bonus Entries received prior to and/or after (as appropriate) the action taken by Administrator or otherwise award the Prizes in a manner which is fair, appropriate and consistent with these Official Promotional Terms & Conditions, or to terminate the Sweepstakes, in whole or in part, and not award the Prizes, in whole or in part, as determined by Administrator in its sole discretion. Notice of termination/modification/suspension of the Sweepstakes will be posted on the Website. Without limitation of any other term herein, Administrator and its agencies are not responsible for failed, partial or garbled computer transmissions, technical failures of any kind (including but not limited to electronic malfunction or damage of any network, hardware or software), any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, Entries or Bonus Entries, or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic Entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation in this Sweepstakes.Entrants further agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL AND/OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, ADMINISTRATOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.In the event of any dispute concerning the identity of any entrant, the Entry or Bonus Entry(ies) will be deemed submitted by the natural person who is the authorized account holder of the e-mail account included in the Entry or the e-mail account or Instagram, Facebook or Twitter account, as applicable, assigned to the entrant, in the case of Bonus Entries. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address or account by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address or account.Random Drawing and Odds: The potential winner of the Grand Prize and potential winners of a Second Place Prize and a Third Place Prize (each, a “Potential Winner,” and collectively, “Potential Winners”) will be selected via random drawings on or about August 22, 2021 from among the eligible Entries received during the Promotion Period (including Bonus Entries received by entrants pursuant to Section 3 above) as follows: the Potential Winner of the Grand Prize will be selected randomly from all eligible Entries, then ten (10) Potential Winners of the Second Place Prize will be selected randomly from all remaining eligible Entries, and finally twenty (20) Potential Winners of the Third Place Prize will be selected randomly from all remaining eligible Entries.  Each Entrant may only receive one Prize. The random drawing will be conducted by Upfield or its designee, Aptivada, LLC, whose decisions are final and binding on all matters related to the random drawing.Odds of winning depend on total number of eligible Entries (including Bonus Entries) received during the Promotion Period.Potential Winners Notification: The Potential Winners will be contacted e-mail on or about August 22, 2021 by Upfield. Failure to respond to the initial notification by e-mail within five (5) business days after initial notification to the Potential Winners will result in disqualification. In the initial notification or via a subsequent communication, the Potential Winners may be required to complete, sign and return within a specified time period: an Affidavit of Eligibility, Release and Indemnification; a Publicity Release (where allowed by law); a W-9 Form; and any other documentation reasonably required by Administrator in connection with the Sweepstakes (collectively, “Winner Documents”). If a Potential Winner does not respond to the initial notification within five (5) business days as set forth above, if Winner Documents are not returned within the specified time period, if any Prize notification or Prize is returned as non-deliverable, if a Potential Winner is found to be ineligible or otherwise not in compliance with these Official Promotional Terms & Conditions, or if a Potential Winner cannot or does not accept the Prize for any reason, the Prize may be forfeited and the Potential Winner will be disqualified without compensation of any kind. In the event that a Potential Winner of the Grand Prize is disqualified under any of the foregoing circumstances, an alternate Potential Winner of the Grand Prize may be selected in a random drawing from remaining eligible Entries (including Bonus Entries), time permitting, until such time as Potential Winner of the Grand Prize fulfills all of the foregoing requirements or there are no more eligible Entries, whichever comes first. In the event that a Potential Winner of a Second Place Prize or a Third Place Prize is disqualified under any of the foregoing circumstances, an alternate Potential Winner(s) may be selected in random drawings from the remaining eligible Entries (including Bonus Entries) in the same fashion and order as described in the first paragraph of this Section 5, time permitting, until the Second Place Prizes and Third Place Prizes are awarded or there are no more eligible Entries, whichever comes first. The Administrator will not be responsible for failed attempts to contact any Potential Winner.Prizes and Approximate Retail Values (“ARV”):There will be one (1) winner of the Grand Prize (“Grand Prize Winner”).  The Grand Prize Winner will receive a Lifesmart™ Paradise DLX (LS450DX) 7-Person 22-Jet 110V Plug and Play Spa with Waterfall (81” x 81” x 34”H) with a removable I Can’t Believe It’s Not Butter!-branded vinyl wrap (ARV $5099), an I Can’t Believe It’s Not Butter!-branded cooler (ARV $218), a “Shuck, Marinate, Grill” apron (ARV $15.90), and twelve (12) 8 oz bottles of I Can’t Believe It’s Not Butter Spray (ARV $47.88) (collectively, the “Grand Prize”).  Installation is the responsibility of the Grand Prize Winner.Grand Prize winner must be ABLE TO RECEIVE, OWN, AND OPERATE A SPA/HOT TUB ON THEIR PROPERTY, HAVING OBTAINED ANY PRIOR APPROVALS FROM THEIR LANDLORD OR HOMEOWNERS ASSOCIATION, IF APPLICABLE. GRAND PRIZE WINNER MUST BE ABLE TO ACCEPT DELIVERY OF THE SPA/HOT TUB WITHIN FOURTEEN (14) DAYS OF RECEIPT OF THE INITIAL NOTIFICATION REGARDING BEING THE POTENTIAL WINNER OF THE GRAND PRIZE.ARV of the Grand Prize: $5380.78There will be ten (10) winners of the Second Place Prize (“Second Place Winners”).  The Second Place Winners will receive an I Can’t Believe It’s Not Butter!-branded cooler (ARV $218), a Shuck, Marinate, Grill apron (ARV $15.90), and three (3) 8 oz bottles of I Can’t Believe It’s Not Butter! Spray (ARV $11.97) (each a “Second Place Prize”).ARV for each Second Place Prize:  $245.87There will be twenty (20) winners of the Third Place Prize (“Third Place Winners”).  The Third Place Winners will receive a Shuck, Marinate, Grill apron (ARV $15.90) and three (3) 8 oz bottles of I Can’t Believe It’s Not Butter! Spray (ARV $11.97) (each a “Third Place Prize”).ARV for each Third Place Prize:  $27.87The Grand Prize, Second Place Prizes and Third Place Prizes shall hereinafter be referred to collectively as the “Prizes” and each as a “Prize.”By accepting a Prize, the Grand Prize Winner, each Second Place Winner and each Third Place Winner agrees to maintain the e-mail address associated with their Entry in order to receive notifications regarding their Prize until such Prize is fully awarded. All federal, state and/or local taxes are the sole responsibility of the Grand Prize Winner, each Second Place Winner and each Third Place Winner.  The Grand Prize Winner will receive an IRS Form 1099 reflecting the actual final retail value of the Grand Prize.Each Prize is non-transferable. The Grand Prize Winner, each Second Place Winner and each Third Place Winner is solely responsible for all other expenses not specified herein.No cash alternative, Prize substitutions or assignment of any Prize will be allowed, except Sponsor reserves the right in its sole discretion to substitute one or more prizes of equal or greater value for a Prize or portions thereof of equal or greater value if a Prize listed or any portion thereof is unavailable at Administrator’s sole discretion or any reason.7.     Conditions and Limitations of Liability: By participating, each entrant agrees: (a) to be bound by these Official Promotional Terms & Conditions and the decisions of the Administrator, which shall be final and binding in all respects; and (b) to release, discharge and hold harmless Upfield, I Can’t Believe It’s Not Butter!, Instagram, Facebook, Twitter, Aptivada, LLC, and all persons involved in the issuance, delivery, receipt and installation of any prize hereunder, each of their respective advertising and promotion agencies and Prize suppliers, any entity responsible for the administration or fulfillment of this Sweepstakes, each of the foregoing entities’ respective parent, subsidiary, related, affiliated and successor companies, and each of their respective officers, directors, agents, representatives and employees (collectively, the “Released Parties”) from any and all actions, claims, cost, expense, injury, loss, or damage, including, without limitation, death and bodily injury of any person or personal property damage, arising in any manner, directly or indirectly, in whole or in part, from participation in this Sweepstakes or any Sweepstakes-related activity, and/or from entrant’s acceptance, receipt, or the use or misuse of a Prize or any component thereof by entrant or any other person (including, without limitation, any failure to pay taxes thereon).  Any repair, disposal or other issues with the spa/hot tub or the vinyl wrap after delivery must be resolved by the Grand Prize Winner.By accepting a Prize, each Grand Prize Winner, Second Place Winner and Third Place Winner (collectively, the “Winners”) grants Administrator and its designees permission to use his/her name, voice, likeness, photograph, Prize information, biographical data and city and state of residence on a winner’s list (if applicable) and for programming, publicity and promotional purposes, worldwide in all forms of media now known or hereafter developed, in perpetuity, without further compensation unless prohibited by law. Administrator and its designees are not obligated to use any of the above-mentioned information or materials but may do so and may edit such information or materials, at Administrator’s discretion, without further obligation or compensation to the Winners. Upon accepting a Prize, the Grand Prize Winner, each Second Place Winner and each Third Place Winner agrees to timely execute any documentation required by Administrator related to the rights granted above. The Sweepstakes is subject to the laws of the United States only. All federal, state and local laws and regulations apply. All Entries and Bonus Entries become the property of Administrator and will not be acknowledged.8.     Disputes; Arbitration/Choice Of Law: Except where prohibited, entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or the awarding of the Prizes/determination of each Grand Prize Winner, Second Place Winner and Third Place Winner, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of JAMS, then effective (notwithstanding the foregoing, entrant shall not be precluded from seeking relief in small claims court for disputes/claims within the scope of the jurisdiction of small claims court and any remedies available to entrant under applicable federal, state or local law remain available to entrant and are not waived pursuant to this section); (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred (if any), including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket costs, and any and all rights to have damages multiplied or otherwise increased and any and all rights to injunctive relief. The arbitrator hearing such dispute/claim/cause of action shall be neutral and the entrant will have a reasonable opportunity to participate in the selection of the arbitrator. Such arbitration will take place at a location near the entrant’s residence and the entrant has the right to an in-person hearing in the arbitration proceeding, if desired. The arbitration  will allow for the discovery and/or exchange of non-privileged information between entrant and Administrator. Should an entrant initiate arbitration pursuant to this section, the entrant shall be responsible for JAMS’s fees to do so (approximately, $250), with all other costs of such arbitration being borne solely by Administrator. If entrant is a California resident and Administrator prevails in such arbitration, such entrant will not be responsible for Administrator’s costs and fees in conjunction with the arbitration proceeding; BUT, IN ALL OTHER CASES, ENTRANT WILL BE RESPONSIBLE FOR SUCH COSTS/FEES IF REQUIRED BY THE ARBITRATOR’S RULING. For the avoidance of doubt, the requirement to arbitrate disputes pursuant to this section is reciprocal and binding both upon entrants and Administrator. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Promotional Terms & Conditions, or the rights and obligations of entrant and/or Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine of New York or any other jurisdiction.9.     Administrator/Sponsor: Upfield US Inc., 433 Hackensack Avenue, Suite 401, Hackensack, NJ 07601. I Can’t Believe It’s Not Butter!® is the registered trademark of Upfield.  All rights reserved.This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook, Twitter, Lifesmart™ Spas, Watkins Manufacturing Corporation, AAA Innovations, or Towel Specialties.  You understand that you are providing your information to Administrator and the organizations responsible for sponsoring, fulfilling and administering the Sweepstakes or supplying the Prizes and not to Instagram, Facebook or Twitter.