The Bottomless Cup Official Rules
“The Bottomless Cup: A Year of La Yogurt Probiotic Giveaways” Sweepstakes Official RulesNO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR VIEWING IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. VOID WHERE PROHIBITED.
I. SWEEPSTAKES PERIOD“The Bottomless Cup: A Year of La Yogurt Probiotic Giveaways” Sweepstakes (the “Sweepstakes”) begins at 12:00:00 AM Eastern Time (“ET”) on January 1, 2013 and ends at 11:59:59 PM ET on December 15, 2013 (the “Entry Period”). The Sweepstakes is sponsored by Johanna Foods, Inc., Johanna Farms Road, Flemington, N.J. 08822 (the “Sponsor”). The official clock for purposes of the Sweepstakes is the computer of the Sponsor.
II. ELIGIBILITYThe Sweepstakes is open to all legal residents of the 50 United States and District of Columbia (“D.C.”) who are eighteen (18) years old or older as of date of entry. Officers, members, directors and employees of the Sponsor, and any of their respective parent companies, affiliates, franchisees, licensees, distributors, suppliers, subsidiaries, retailers, advertising/promotion agencies, persons engaged in the development, production or distribution of materials for this Sweepstakes, and Compliance Sweepstakes Services LLC (collectively, the “Released Entities”) and the immediate family members (parent, in-laws, grandparents, children, grandchildren, siblings, and spouse) of, or persons living in the same household as such individuals (whether related or not), are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void where prohibited, taxed, or restricted by law.
III. HOW TO ENTER THE SWEEPSTAKESAn individual will be deemed a Participant in the Sweepstakes if they are eligible and enter the Sweepstakes using at least one (1) of the two (2) methods of entry described below: 1.) Facebook Method of Entry: During the Entry Period, a Participant (“Participant” or “you”) can enter the Sweepstakes by clicking on any of the Sponsor’s Facebook advertisements or click on the tab on “La Yogurt’s Facebook Page located at the Facebook address https://www.facebook.com/layogurt (“Facebook Page”). If you are not a Facebook member and would like to become one, visit www.facebook.com. Becoming a Facebook member is free. Follow the prompts to enter the Sweepstakes. You will need to “like” the Sponsor’s Facebook webpage. Complete the registration form on the Facebook application page. If you have already Liked the Page, you will be taken directly to the registration form. Each Participant will need to provide the following information to be entered into the Sweepstakes: first and last name, mailing address, date of birth, phone number, and email address. Each participant that fully completes the registration process will receive one (1) Sweepstakes entry into the current month’s Entry Period and final Grand Prize Winner drawing. To participate into any of the following months drawings, a Participant is required to go to the Sponsor’s Facebook Page to re-register. All Facebook application entries must be received by 11:59:59 PM ET on December 15, 2013. Incomplete entries will be disqualified. 2.) Mail-In Alternate Method of Entry (“AMOE”): Participants who choose not to become a Facebook member can enter the Sweepstakes by hand printing on a 3”x 5” card, “The Bottomless Cup: A Year of La Yogurt Probiotic Giveaways” Sweepstakes, first and last name, address, date of birth, telephone number and email address. The card must be mailed in a standard business-size #10 envelope to: “La Yogurt Bottomless Cup” Sweepstakes, 90 Rockwood Place, CBX#317, Rochester, NY, 14610. The monthly mail-in entry will need to be postmarked the last day of the month and received by the eighth day of the following month as per timeline chart in Section VI. In order to be entered into the current month’s drawing a Participant is required to submit a main-in entry during each month’s Entry Period. The Grand Prize AMOE entries must be postmarked by December 16, 2013 and must be received no later than December 19, 2013. Limit one (1) entry card per outer stamped mailing envelope. Each valid mail-in entry will receive one (1) entry into the Sweepstakes. Limit one (1) entry per person during the Entry Period regardless of method of entry. All required information must be completed to enter and to be eligible to win. Incomplete entries will be disqualified. Internet entries must be made by the entrant only through website links listed above. Sponsor reserves the right, in its sole discretion, to void any and all entries of an entrant that uses multiple / different addresses, identities, or any other methods, or who Sponsor believes has attempted to tamper with, influence or impair the administration, security, fairness, or proper play of this Sweepstakes. Proof of entering information is not considered proof of delivery to or receipt by Sponsor of an entry. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, but not limited to, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited and no mechanically reproduced entries are allowed; all such entries are void. Released Entities are not responsible for lost, late, incomplete, illegible, incorrect, damaged, delayed, garbled, unintelligible, undelivered, misdirected or postage-due registrations, entries or mail, which will be disqualified. All entries become the exclusive property of Sponsor and will not be acknowledged or returned.
IV. PERSONAL INFORMATION / OPT-INBy entering via the Sponsor’s Website, you consent for the Sponsor to obtain, use, and transfer your name, address and other information for the purpose of administering this Sweepstakes; the information that you provide in connection with the entry process will be used by Sponsor only, and will not be sold or provided to another company. You are authorizing the Sponsor to send you emails to the address entered on entry form, regarding product offerings. You may opt out of receiving future e-mails from Sponsor by clicking on the link contained in any e-mail received. You will remain eligible for this Sweepstakes whether or not you opt out of receiving the e-mails.
V. LIMITATIONS OF LIABILITYIf for any reason this Sweepstakes is not capable of running as planned for any reason, including, without limitation, due to infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm, or other natural cataclysm, riot, strike, civil commotion, government regulation, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes (or any part thereof), the Sponsor 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, at any time, without notice and award the prize(s) using all non-suspect eligible entries received as of or after (if applicable) this termination or suspension date. Released Parties assume no responsibility for any incomplete, incorrect, or inaccurate information, whether caused by web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error. Released Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Released Entities are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer (or any information/material stored therein) relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Any person who supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. CAUTION: ANY ATTEMPT TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line 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.
VI. MONTHLY AND GRAND PRIZE WINNER DRAWINGS AND ODDSThe prize winners will be selected from among all eligible entries received, in a random monthly drawing according to the Drawing and Notification Chart below, by Compliance Sweepstakes Services (“Administrator”), an independent judging organization, whose decisions are final and not subject to challenge and/or appeal in all matters relating to this Sweepstakes. 1. Each month for a period of eight months randomly drawn First and Second and Third Prize level potential winners will be notified via a phone call and or email on or about the 12th day of each of the following months beginning February 12, 2013 through September 12, 2013. The Grand Prize potential Winner will be drawn from all of those who participated during the last eight months and will be notified via a phone call and or email on or about January 5, 2014. 2. Randomly selected monthly and final Grand Prize winners must respond via email or phone call to Sweepstakes Administrator within three (3) days, with their contact information: name, address, city, state, zip code, day and evening phone numbers and date of birth. If the potential winner cannot be reached after a reasonable effort has been exerted, or found to be ineligible, cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, such potential winner will be disqualified and an alternate potential winner may be selected at Sponsor’s sole discretion. 3. Each month’s eligible Winner will be featured on the Sponsor’s Web Site with the first name and the initial only of the last name, depending on which of the two is available and the city they reside in.
PRIZES / DRAWING DATES / NOTIFICATION SCHEDULE
|Winner Levels & Prize Values||Entry Period Deadline Eastern Time||Winner Drawing & Notification Date||Required Response Date|
|Four Third Prize Winners $300 Gift Cards for a chosen retailer Total Prize Pool ARV is $1,200.||12:00 a.m. Jan.. 1, 2013 to 11:59:59 p.m Jan. 31, 2013||(On or About) Feb.12 , 2013||Feb 15, 2013 8:00 p.m. ET|
|Four Second Prize Winners Apple® iPad™ Retina Display w/ Case ARV $800 each Total Prize Pool ARV is $3,200.||12:00 a.m. Feb. 1, 2013 to 11:59:59 p.m. Feb. 28, 2013||(On or About) March 12, 2013||March. 15, 2013 8:00 p.m. ET|
|Four Third Prize Winners $300 Gas Cards for a chosen retailer Total Prize Pool ARV is $1,200.||12:00 a.m. March. 1, 2013 to 11:59:59 p.m. March. 31, 2013||(On or About) April. 12, 2013||April. 15, 2013 8:00 p.m. ET|
|One First Prize Winner Trip to the La Yogurt Probiotic factory in Flemington, NJ Total Prize Pool ARV is $4,500||12:00 a.m. April. 1, 2013 to 11:59:59 p.m. April. 30, 2013||(On or About) May. 12, 2013||May. 15, 2013 8:00 p.m. ET|
|Four Third Prize Winners $300 Gift Cards for a chosen retailer Total Prize Pool ARV is $1,200.||12:00 a.m. May. 1, 2013 to 11:59:59 p.m. May 31, 2013||(On or About) June 12, 2013||June 15, 2013|
|Four Second Prize Winners Apple® iPad™ Retina Display w/ Case ARV $800 each Total Prize Pool ARV is $3,200.||12:00 a.m. June. 1, 2013 to 11:59:59 p.m. June 30, 2013||(On or About) July 12, 2013||July 15, 2013 8:00 p.m. ET|
|Four Third Prize Winners $300 Gas Cards for a chosen retailer Total Prize Pool ARV is $1,200.||12:00 a.m. July. 1, 2013 to 11:59:59 p.m. July 31, 2013||(On or About) August 12, 2013||August 15, 2013 8:00 p.m. ET|
|One First Prize Winner Trip to the La Yogurt Probiotic factory in Flemington, NJ Total Prize Pool ARV is $4,500||12:00 a.m. Aug. 1, 2013 to 11:59:59 p.m. Aug. 31, 2013||(On or About) Sept. 12, 2013||Sept. 15, 2013 8:00 p.m. ET|
|One Grand Prize Winner Trip for you and your family Grand Prize Pool ARV is $10,000||12:00 a.m. Jan. 1, 2013 to 11:59:59 p.m. Dec. 15, 2013||(On or About) Jan. 5, 2014||Jan. 10, 2014 8:00 p.m. ET|
Total Prize Pool ARV is $30,200.00
NOTE: Each AMOE entry must be received by the Entry Period Deadline Date of a current month. The late arriving entry will not be entered into following month’s drawing.Odds of winning in any drawing depend upon the number of entries received by the time of that drawing. Sponsors reserves the right, at their sole discretion, to substitute any prize package with another prize of equal or greater value in the event that the advertised prize (or any component thereof) is not available. All decisions by Sponsor(s) as to prizewinners and prizes are final.
VII. ALL PRIZE TERMS AND CONDITIONS
Each prize winner is required to comply with any and all applicable federal, state and local laws, rules and regulations. Each winner of a prize valued over $600 will be required to sign an Affidavit of Eligibility and Liability/Publicity Release (collectively, the “Prize Acceptance Release”), and return it within fourteen (14) days of written notification or the prize may be forfeited and an alternate potential winner selected. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within two (2) calendar days from the first notification attempt, if potential winner fails to return requisite document within the specified time period, and/or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and an alternate winner will be selected for the prize at issue. To claim a prize, you will be required to provide your correct full-name, mailing address, date of birth, telephone number and e-mail address. Each potential winner may be subject to verification before a prize will be awarded.
The Sponsor and Released Entities have not made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any prize awarded and specifically disclaim all such warranties, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Each prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND either expressed or implied. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, or redeemable for cash except in Sponsor’s sole discretion. Prize details and availability are subject to change. There are no substitutions, unless specified by the Sponsor. The Sponsor reserves the right at its sole discretion to substitute any prize (or prize component) with another prize (or prize component) of equal or greater value. Sweepstakes Administrator is not the supplier or guarantor of any prize. Prizing may be fulfilled by a third party. The Sponsor and Released Entities are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this Sweepstakes.
Each winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive. The stated “ARV” of the prizes is based on available information provided to Sponsor, and any difference in ARV at the time of awarding will not be awarded, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winners of prizes that have a ARV equal or greater than $600 will be required to provide Sponsor with a valid social security number, before a prize will be awarded for tax reporting purposes. An IRS Form 1099 will be issued in the name of each winner for the total ARV of the respective prize, as stated above, in the calendar year the prize was won. All properly claimed prizes will be awarded.The winner’s acceptance of a prize constitutes permission (except where prohibited) for the Sponsor to use the winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state) for any and all public relations, advertising and/or promotional purposes as determined by Sponsor, in all forms of media and by all manners (now and hereafter known), in perpetuity, without notice, consent, review or approval or further compensation.
- One (1) Grand Prize Winner will win a “Trip for You and Your Family” (“Trip”) to any U.S. destination of choice includes: coach airfare for the Winner and guests from a major commercial airport nearest the winner’s home (determined by Sponsor in its sole discretion); Hotel accommodations for three nights for Winner and guests, one or two (double-occupancy) rooms in the destination of their choice. The Grand Prize “Getaway for Two” trip must be executed by December 31, 2014. Total Grand Prize ARV is $10,000.00. The total Grand Prize ARV of the airfare, hotel accommodations, and vacation extras cannot exceed $10,000.00.
- Two (2) First Prize Winners are each to received trips to the La Yogurt Probiotic factory in Flemington, N.J. The trip includes: coach airfare for the winner and one (1) guest from a major commercial airport nearest the winner’s home (determined by Sponsor in its sole discretion); Hotel accommodations for three nights for two (2) people in a (double-occupancy) room in the city of Philadelphia; a Towne Car; meals throughout the weekend; and dinner with the La Yogurt Probiotic team. The La Yogurt Probiotic factory prize must be executed One Hundred Eighty (180) Days from date of the Winner’s signing the Prize Acceptance Release, or the prize will be forfeited. First Prize ARV is $4,500.00. Total Prize Pool for First Prize Winners is $9,000.00.
- Eight (8) Second Prize Winners will each receive an Apple® iPad™ with a plastic carrying case at an ARV $800.00 each. Total Prize Pool for Second Prize Winners is ARV is $6,400.00.
- Sixteen (16) Third Prize Winners each will receive a $300 Gift Card for a chosen retailer. Total Prize Pool ARV is $4,800.00.
Total Prize Pool AVR is USD $30,200.00.
IX. TRIP PRIZE TERMS AND CONDITIONS
Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by Sponsor’s transportation carrier(s) of choice and those set forth by Sponsor’s travel prize fulfillment agency. Prize suppliers will make every effort to confirm reservations as requested, however, travel and accommodations are subject to capacity controls, availability, blackout dates and other restrictions, all of which are subject to change and may not be in Sponsor’s control. Grand Prize and First Prize Winners (“Winner(s)”) who live within a 200-mile radius of the Winner’s designation will not receive the full air travel reimbursement portion of the prize, but a $500 travel allowance. Each trip prize awarded consists of products/services for two people and requires that you and your companion redeem the prize together. Travel restrictions, conditions and limitations may apply. All expenses not specifically mentioned herein, are not included as part of any trip prize package, and are solely the winner’s responsibility, including, but not limited to: hotel taxes, additional ground transportation not specified, travel insurance, room service, bag check fees, parking fees, laundry service, food, alcoholic beverages, merchandise, souvenirs, telephone calls, tips, gratuities and service charges, site-seeing excursions and any other incidental costs or expenses not identified in these Official Rules. Travel and lodging are subject to availability, and any changes made to either of these will be at the expense of the winner. The Winner may be required to provide a credit card at the time of hotel check-in. Once travel commences, no stopovers are permitted; if stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. It is the sole responsibility of the Winners to satisfy the entry requirements of the United States and any other countries’ requirements as necessary. Winner and companion(s) are also responsible for obtaining airline travel insurance, and all other forms of insurance at the winner’s option and hereby acknowledge that Sponsor has not and will not obtain or provide any other types of insurance. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the supplier of accommodations, venue operators, transportation companies, prize providers or any other persons providing any prize-related services. Sponsor is not liable for any missed prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor.
Companion of winner must be at least eighteen (18) years of age as of the date of departure. Once a travel companion is selected, he/she may not be substituted, except in Sponsor’s sole and absolute discretion. Travel companion must execute liability/publicity releases prior to issuance of travel documents. If travel companion is a minor, parent or legal guardian must sign and return release and accompany minor on trip. If the winner becomes disabled or cannot otherwise fully enjoy the trip prize due to illness, Sponsor shall have the option of: (a) being relieved of liability for fulfillment of the prize award; or (b) at Sponsor’s sole and absolute discretion, extending the period during which the prize may be awarded for a period equal to the duration of the prize winner’s disability or illness, in which case certain prize components may not be available. The winner must prove such disability by a doctor’s certificate, which certificate shall be endorsed by another physician agreeable to Sponsor and winner at Sponsor’s expense.The Prize package is not exchangeable, transferable, or redeemable for cash. There are no substitutions unless specified by the Sponsor. Prize details and availability are subject to change, and in the event that Sponsor is unable to provide the a prize winner with the trip prize won, the Sponsor may elect, at the Sponsor’s sole and absolute discretion, to provide winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. The stated ARV of the prizes is based on available information provided to Sponsor at the time these Official Rules were drafted (and any difference in ARV at the time of awarding will not be awarded) and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Unclaimed prizes will be forfeited. All properly claimed prizes will be awarded. The Sponsor and its agents are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this Sweepstakes. All decisions by Sponsor as to winners and prizes are final. Additional prize award details and travel information to be provided to the winner at the time of notification.
X. MODIFICATIONIn no event will Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules. If for any reason Sponsor determines, in its sole discretion, that the Sweepstakes is no longer capable of running as intended by these Official Rules for any reason whatsoever, Sponsor reserves the right to terminate, suspend, postpone, delay or modify the Sweepstakes, in whole or in part, including, but not limited to, any occurrences described in Rule Section V above, or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Sweepstakes. If Sponsor determines that more prize claims are submitted or more prize notices are distributed than the number of prizes offered in these Official Rules, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. For example, Sponsor may select a winner in a random drawing from among the eligible entries received up to the time of the impairment or conducted a random drawing among all prize claimants, and neither Sponsor, the Administrator nor any of the Released Parties shall have any further liability to any entrant in connection with the Sweepstakes.
XI. RELEASESAll Participants, as a condition of participation in this Sweepstakes, agree to indemnify, release and hold harmless Johanna Foods, Inc., Compliance Sweepstakes Services LLC., their parents, affiliates and subsidiary companies, advertising and promotion agencies, and the officers, directors, employees and agents of each of them (individually and collectively for the purposes of this paragraph “Sweepstakes Entities”) from and against any injuries, losses or damages arising in any way from or in connection with: (a) accessing the Sponsor’s Website; (b) participating in any aspect of the Sweepstakes, including, without limitation, while preparing for, participating in and/or traveling to or from any prize or Sweepstakes-related activity, including, without limitation, any injury, damage, death, loss or accident to person or property; (c) the receipt, ownership, possession, use or misuse of any prize awarded; (d) viruses or any downloading or other problems with the Sweepstakes Application, or; (e) any typographical or other error in these Official Rules or the announcement of offering of any prize. Entrants further acknowledge that the Sponsor and Released Entities makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize, except for any express manufacturer’s warranty as may be included with the prize. The winner bears all risk of loss or damage to his/her respective prize immediately upon receipt.
XII. GOVERNING LAW/DISPUTES
Except where prohibited, as a condition of participating in this Sweepstakes, the parties agree that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, or the determination of winner shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will Participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Participant’s actual out-of-pocket expenses (e.g., costs associated with entering this Sweepstakes), and Participant further waives all rights to have damages multiplied or increased. The arbitration shall be conducted in the State of New Jersey, in the City of Flemington, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The arbitrator will apply the substantive laws of the state of New Jersey, will issue a written decision and will have the power to award any legal remedies except as limited by these Official Rules. The parties will split the arbitrator’s fee; provided, however, if applicable law requires Sponsor to pay the arbitrator’s fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to elect to pay such fees and proceed to arbitration. Participant irrevocably waives any right to bring or join in any class action regarding the Sweepstakes. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear.BY ENTERING THE SWEEPSTAKES, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT 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 NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT 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.
XIII. OFFICIAL SWEEPSTAKES RULES REQUESTFor a copy of these Official Rules, send a request specifying Official Rules along with a self-addressed, stamped envelope by December 15, 2013 and mail to: Compliance/“ La Yogurt Bottomless Cup” Sweepstakes Official Rules, 106 Elm St, Stonington, CT 06378.
XIV. WINNERS LIST REQUESTTo request confirmation of the name and city/state of residence for the winners, please send a self-addressed, stamped business size envelope, by February 17, 2014, to: Compliance/“La Yogurt Bottomless Cup” Sweepstakes Winners List, 106 Elm St, Stonington, CT 06378.
XV. SPONSORJohanna Foods, Inc. Johanna Farms Road, Flemington, NJ 08822.
XVI. ADMINISTRATORCompliance Sweepstakes Services, 106 Elm St., Stonington, CT 06378 (the “Administrator”).
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc.Go Back To Enter