OFFICIAL SWEEPSTAKES RULES
Sponsor. The Stonyfield Farm School Nutrition Professionals Sweepstakes (the "Sweepstakes") is sponsored by Stonyfield Farm, Inc. ("Stonyfield Farm"), 10 Burton Drive, Londonderry, NH (the "Sponsor" or "we").
Eligibility. Open to legal residents of the United States (excluding Rhode Island, Puerto Rico and all other U.S. territories and possessions outside of the continental United States and where otherwise prohibited by law) who are 18 years of age or older at the time of entry in the Sweepstakes (or in the case of legal residents of jurisdictions where the age of majority is greater than 18 years of age, such age of majority under the laws of the jurisdiction in which they reside at the time of entry) and who are employed by a certified public or private Grades K through 12 school. Employees, officers, directors, agents, representatives and independent contractors (and their immediate family members and members of the same households (whether related or not) of Sponsor or its parent, subsidiaries and affiliated companies are not eligible to participate. Sweepstakes is subject to all Federal, State and local laws and regulations. Void in Rhode Island, Puerto Rico, and all other U.S. territories and possessions outside of the continental United States and where prohibited by law or restricted by such laws, including but not limited to jurisdictions with laws that would require registration and/or trust account or posting of a bond, or any other requirements that have not been satisfied.
Entry. The Sweepstakes begins at 12:01 a.m. Eastern Standard Time (EST) on June 9, 2008 and ends at 11:59 p.m. (EST) on August 7, 2008 (the "Sweepstakes Period"). Entry is free, and no purchase is necessary to enter or win. No more than one entry per person by any method of entry during the Sweepstakes Period is allowed.
Online. To enter, visit www.YoSchoolNutritionPros.com, click the "Sweepstakes" link and complete the Sweepstakes entry form.All online entries must contain a valid e-mail address. Submit your online entry by clicking on the "Submit" button on the Sweepstakes entry form page. All online entries must be received within the Sweepstakes Period. If there is a dispute over the identity of an online participant, the entry will be deemed submitted by the Authorized Account Holder regardless of the individual that submitted the entry. "Authorized Account Holder" is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, educational, institution, etc.) responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
By mail. Send a 3" x 5" card with your first name, last name, the name and address (including zip code) of the school or school district by whom you are employed; daytime telephone number (including area code), age and e-mail address (if applicable) to Stonyfield Farm School Nutrition Professional Sweepstakes HQ, 11300 N. Central Expressway Suite 100, Dallas, TX 75243 in a postage prepaid envelope. All entries by mail must be postmarked on or before August 7, 2008 (the "End Date") and received by Sponsor not later than within 5 days following the End Date. Proof of sending will not be deemed to be proof of receipt by Sponsor.
Neither Sponsor nor its advertising and promotion agencies are responsible for lost, late, incomplete, illegible, mutilated, inaccurate, misdirected, stolen or postage due entries or mail, or for any problems of any kind whether mechanical, human or electronic, including, but not limited to, computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, or service provider/Internet/web site/use net accessibility or availability, traffic congestion, or unauthorized human intervention. Sponsor reserves the right to suspend or terminate the Sweepstakes in the event of any such problem.
Information Contained in Entry. By submitting an entry, each participant warrants and represents to Sponsor that the information contained in the entry is true and correct in all material respects and that Sponsor may rely on such information in their efforts to comply with applicable laws and regulations. Unless you indicate otherwise on your entry, Sponsor may use, share with or sell to third parties all such information provided. You may thereafter opt out by writing to Stonyfield Farm School Nutrition Professional Sweepstakes HQ, 11300 N. Central Expressway Suite 100, Dallas, TX 75243. Sweepstakes entries become property of Sponsor.
Application of Rules. Submission of an entry automatically constitutes participant's agreement to be bound by these Official Rules. Participant further agrees that Sponsor shall retain full authority, in its sole discretion, to interpret and administer these Official Rules, and to be bound by all decisions and interpretations made in good faith by Sponsor.
Selection of Winners. A total of 126 winners from all eligible entries will be selected at random (provided that there are sufficient eligible entries to select that number of winners and award said prizes) by Elwell Associates, Inc., 11300 N. Central Expressway, Ste. 100, Dallas, TX 75243 on or about August 14, 2008, whose decision will be final and binding. Each eligible Sweepstakes participant may only win one prize.
Prizes and Use Restrictions. Sponsor will award a total of one hundred twenty-size (126) prizes, with an approximate aggregate retail value of $1325.
One Grand Prize Winner will win a year's worth of yogurt (365 coupons for a free 6 oz. cup of yogurt or an equivalent coupon value toward the purchase of other preferred Stonyfield Farm products) plus a Stonyfield Farm Cookbook and branded spatula ("Cooking Kit"), which combined have an approximate retail value of $450.
Fifty (50) First Prize Winners will each receive a Stonyfield Farm Cooking Kit, consisting of a cookbook and branded spatula, which has an approximate individual retail value of $14.50 and an approximate total retail value of $725.
Seventy-five (75) Second Place Winners will each receive a Stonyfield Farm branded spatula, which has an approximate individual retail value of $2 and an approximate total retail value of $150.
All winners must be employed by an accredited and certified school and/or school district. Specifics relating to said prizes are at sole discretion of Sponsor. Any expenses not specified herein are the sole responsibility of the winners. Prizes may not be transferred or assigned, except at the Sponsor's sole discretion. No cash value or substitution of any Prize will be permitted or provided, except that Sponsor, in its sole discretion, may provide a prize of comparable or greater value. Any applicable taxes shall be the sole responsibility of each winner. Receipt of any prize is conditioned upon compliance with all applicable federal, state and local laws, rules and regulations. Sponsor will not replace lost or stolen prizes. Odds of winning depend on the number of eligible entries received.
Delivery of Prizes. Sponsor reserves the right to require winners to show proof of identity and employment prior to receiving prizes. Winners may be required to complete an Affidavit of Eligibility and Release, and such other documents as Sponsor may reasonably require, and return these documents within 2 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 may be selected at random at Sponsor's discretion. Sponsor will send the prizes by regular U.S. mail to qualified winners at the addresses set forth on their respective entries within 30 days of Sponsor's receipt of the documents required by Sponsor to be completed and/or signed by winners. Sponsor shall not be responsible for delivery of any documents and/or prizes provided that Sponsor instructs that the prize be sent to the address set forth the winners' respective entries. Sponsor is not responsible for prize information or documents that are lost or misdelivered by the postal service or carrier.
Release of Liability. Each Sweepstakes participant agrees that Sponsor, and its parent, subsidiaries or affiliated companies, their successors or assigns, and any and all of their respective officers, directors, shareholders, employees, agents, representatives and licensees 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 his/her participation in this Sweepstakes or any Sweepstakes-related activity, acceptance or use of the prize awarded, and/or any claims based on publicity rights, defamation or invasion of privacy.
Indemnification. Each Sweepstakes participant agrees to indemnify and hold harmless Sponsor and its respective parent, subsidiaries or affiliated companies, their successors or assigns, and any and all of their respective officers, directors, shareholders, employees, agents, representatives and licensees from and against any loss, damage or expense (including court costs and attorneys' fees) that they may suffer or incur as a result of, or in conjunction or connection with, his/her participation in this Sweepstakes or any Sweepstakes-related activity, acceptance or use of any prize.
Announcement of Winners. Sponsor will post the name and address of the winners and the name and address of the school or school district that employed them as of the date of entry at www.stonyfield.com, following the completion of the Sweepstakes through December 31, 2008.
Use of Winners' Names and Likeness. By submitting an entry, you acknowledge and agree that, if you are selected as a winner, Sponsor may post your name and the name and address of the school or school district that employed you as of the date of entry at www.stonyfield.com. Each winner who accepts any 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 well as the name and address of the school or school district that employed said winner as of the date of entry as news or information and for advertising and promotional purposes without additional consideration, except where prohibited by law.
Unlawful Conduct and Disqualification. Sponsor reserves the right, in its sole discretion, to disqualify any Sweepstakes participant 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 a participant 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 participant to the fullest extent permitted by law and to disqualify such participant from any Sweepstakes.
Limitation of Damages. 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 PARTICIPATION IN THE SWEEPSTAKES, OR ACCEPTANCE OR USAGE OF A PRIZE, 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. SWEEPSTAKES PARTICIPANT AGREES THAT THE AGGREGATE LIABILITY OF SPONSOR ARISING OUT OF ANY KIND OF CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED $1.00.
Amendments. Sponsor reserves the right to suspend, cancel, terminate or modify the Sweepstakes without advance notice in the event Sponsor believes, in its sole discretion, that any computer virus, worms, bugs, tampering, spamming, unauthorized intervention, fraud, technical failures or other errors or problem beyond Sponsor's control could corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, and thereafter to re-commence such Sweepstakes, if at all, only at such time(s) and upon such terms and conditions as Sponsor shall deem reasonable under the circumstances.
Severability. If any one or more provisions of these Official Sweepstakes Rules is 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 Sweepstakes Rules.
Force Majeure. The failure of the Sponsors to comply with any provision of this Official Sweepstakes Rules due to an act of God, hurricane, war, terrorism, fire, riot, earthquake, actions of governmental authorities outside the control of the Sponsors or other force majeure event shall not be considered a breach of these Official Sweepstakes Rules.
Governing Law; Jurisdiction; Venue. These Official Sweepstakes Rules shall be interpreted in accordance with New Hampshire law without regard to its conflicts of laws provisions. Sweepstakes participants agree that the state and federal courts located in New Hampshire shall have exclusive jurisdiction over any dispute arising from or relating to these Official Sweepstakes Rules, this Sweepstakes or Sweepstakes participants' participation in this Sweepstakes, and Sweepstakes participants' consent to the personal jurisdiction and venue thereof.
Winners List. For a copy of the winners list, send a self-addressed, stamped envelope to: Stonyfield Farm School Nutrition Professional Sweepstakes HQ, Attn: Winner's List, 11300 N. Central Expressway Suite 100, Dallas, TX 75243. For a copy of the rules send a self-addressed stamped envelope to the above address marked Stonyfield Farm Nutrition Professional Sweepstakes, Attn: Rules.