DAIRY PURE® GOLD CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN. A Purchase does not increase your chances in winning. Void in Colorado, Maryland and where prohibited. The DairyPureGold Contest (the “Contest”) begins 12:00 AM Eastern Time (“ET”) on February 5, 2018 and ends 11:59 PM ET on February 27, 2018 (“Contest Period”).
1. ELIGIBILITY: Contest is open to legal residents of the 50 United States and the District of Columbia (excluding Colorado and Maryland) who are 18 years of age or older at the time of entry. Employees of Dean Foods Company (“Sponsor”), the United States Olympic Committee (“USOC”), the Milk Processor Education Program (“MilkPep”), Legend PR (“Agency”), Centra360 (“Contest Administrator”) and their respective parents, affiliates, subsidiaries, advertising and promotion agencies, retailers, distributors and suppliers, and each of their respective officers, directors, shareholders, agents, and employees (collectively, the “Released Parties”) and the immediate family members (spouse, parents, children, grandparent, and siblings and their respective spouses or “step” of each, regardless of where they reside) and individuals living in the same households of each such persons, whether or not related, are ineligible to participate in the Contest. By participating you agree to these Official Rules and to the decisions of the Released Parties, which are final and binding in all respects. Void in Colorado, Maryland and where prohibited by law, rule or regulation. All federal, state and local laws and regulations apply.
2. THREE (3) WAYS TO ENTER: During the Contest Period you can enter at one (1) of the three (3) following social media sites by (A) VIA FACEBOOK.COM: (i) posting a comment to a specific brand post; (ii) upload an original Photograph or Video relating to the specific brand post; and (iii) include both hashtags #DairyPureGold and #Contest. Entrants must have an active and non-private Facebook® account or sign up for a free Facebook account at www.facebook.com. Limit one (1) Entry per person/Facebook account. Entries posted by a protected Facebook account will not be recognized. By submitting a Facebook Entry, each Entrant consents to receive, from the Sponsor and/or Contest Administrator, a posted message on his/her Facebook wall page and, if applicable, a Facebook direct message, or e-mail notifying such Entrant that he/she is a potential Prize Winner. Entrants will be required to have a public Facebook account in order to receive a comment from Sponsor and/or Contest Administrator. For the Facebook Terms, visit https://www.facebook.com/policies. Individuals who enter via Facebook must be the authorized account holder of the Facebook account from which the Entry is made. Any attempt by any Entrant to obtain more than the stated number of Entries by using multiple/different email addresses, Facebook accounts, identities, registrations and Facebook logins, or any other methods will void that Entrant's Entries and that Entrant may be disqualified; (B) VIA TWITTER.COM: (i) Tweet a reenactment of your favorite Team USA moment; (ii) upload an original Photograph or Video relating to the Team USA moment; and (iii) include both hashtags #DairyPureGold and #Contest. Entrants must have an active and non-protected Twitter® account or sign up for a free Twitter account at www.twitter.com. Comments or Phrases may not exceed 140 characters. Limit one (1) Entry per person/Twitter account. Entries posted by a protected Twitter account will not be recognized. By submitting a Twitter Entry, each Entrant consents to receive, from the Sponsor and/or Contest Administrator a reply Twitter message and, if applicable, a Twitter message, e-mail and/or phone call notifying such Entrant that he/she is a potential Prize Winner. Entrants will be required to have a public Twitter account in order to receive a comment from Sponsor or Contest Administrator. For the Twitter Terms, visit https://twitter.com/tos. Individuals who enter via Twitter must be the authorized account holder of the Twitter account from which the entry is made. Any attempt by any Entrant to obtain more than the stated number of Entries by using multiple/different email addresses, Twitter accounts, identities, registrations and Twitter logins, or any other methods will void that Entrant's Entries and that Entrant may be disqualified; or (C) VIA INSTAGRAM.COM: (i) Post a reenactment of your favorite Team USA moment; (ii) upload an original Photograph or Video relating to the Team USA moment; and (iii) include both hashtags #DairyPureGold and #Contest. Entrants must have an active and non-private Instagram® account or sign up for a free Instagram account at www.instagram.com. Limit one (1) Entry per person/Instagram account. Entries posted by a protected Instagram account will not be recognized. By submitting an Instagram Entry, each Entrant consents to receive, from the Sponsor and/or Contest Administrator, an Instagram comment to the Photo such Entrant posted and, if applicable, an e-mail notifying such Entrant that he/she is a potential Prize Winner. Entrants will be required to have a public Instagram account in order to receive a comment from Sponsor or Contest Administrator. For the Instagram Terms, visit https://www.instagram.com/policies. Individuals who enter via Instagram must be the authorized account holder of the Instagram account from which the Entry is made. Any attempt by any Entrant to obtain more than the stated number of Entries by using multiple/different email addresses, Instagram accounts, identities, registrations and Instagram logins, or any other methods will void that Entrant's Entries and that Entrant may be disqualified.
All Entries received via Entry Methods A, B and C stated herein are individually referred to as an “Entry” or collectively as “Entries”. All Entries must be received by 11:59:59 PM ET on February 27, 2018. Entrants can change their Facebook, Twitter and Instagram settings back to “private” any time following the announcement of the winners. Use of automated entry or similar devices to participate or subvert the entry process is prohibited, and all Entries submitted through such devices are void. Both hashtags #DairyPureGold and #Contest are required for all methods of Entry. Entrants agree to be bound by and acknowledge compliance with these Official Rules, including the eligibility requirements stated herein above. If you post updates to or receive updates from Facebook, Twitter or Instagram via SMS from your wireless phone, your wireless-service provider may charge for each text message sent and received and Entrants will be solely responsible for any and all applicable charges. Please consult your wireless-service provider regarding its pricing plans.
Entries may not contain, as determined by Sponsor’s sole discretion, any content that:
All Entries become the property of the Sponsor upon submission and will not be acknowledged or returned and the Sponsor has the right to dispose of the Entries at Sponsor’s discretion. Sponsor reserves the right to monitor Entries prior to posting them on Sponsor’s social media platforms, including but not limited to Facebook, Instagram or Twitter. By entering this Contest, each Entrant acknowledges that his/her Entry may be posted at Sponsor’s website or social media platforms, including but not limited to Facebook, Instagram or Twitter in Sponsor’s sole discretion. Sponsor has no obligation to use any Entry submitted by any Entrant. The use of an Entry by Sponsor or any related entity does not have any effect on the judging process or winner selection process. Entries posted are the views/opinions of the individual Entrant and do not reflect the views of Sponsor in any manner. By submitting an Entry in this Contest, each Entrant grants Sponsor and the Released Entities a worldwide, irrevocable, exclusive, assignable, transferable, unqualified, unrestricted, royalty-free license and right to edit, modify, publish, use, reuse, distribute, display, copy and otherwise exploit the Entry or any part thereof (with or without the Entrant’s name and city/state), and any materials based thereon or derived from, in any manner and in any media (whether now known or later developed), for any lawful purposes whatsoever (noncommercial or commercial), including, without limitation, for use in the commercial packaging and point-of-sale materials, or for promotion, marketing or advertising of Sponsor, or any Related Entity, each of their respective brands and/or products in any medium (whether now or hereafter known) throughout the world in perpetuity without further permission, notification, consideration, or payment to the Entrant, except where prohibited by law. In addition, each Entrant forever waives in favor of Sponsor all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that may preclude the use of the Entry (or any part thereof) as granted herein, or require Entrant’s permission to use the Entry (or any part thereof) for the purposes stated herein. By submitting your Entry, you warrant and represent that your Entry is original and was created solely by you, that the Entry does not incorporate any material owned by any third party, and that use of the Entry as described herein will not violate any law or infringe upon the rights of any third party. If, in the sole discretion of Sponsor, the Entry violates any law or infringes upon the rights of any third party, is inaccurate, incomplete or irregular in any way, or otherwise does not comply with these Official Rules or is deemed inappropriate, the Sponsor may disqualify an Entry.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or Instagram. By entering the Contest, each entrant waives, discharges and releases Facebook, Twitter and Instagram from any and all liability associated with this Contest. By submitting an Entry, you understand that you are submitting your information to Dean Foods Company and not to Facebook, Twitter or Instagram.
3. DIGITAL MILLENNIUM COPYRIGHT ACT: Once an Entry is submitted into the Contest, any such Entry will be deemed made at the direction of the Entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. Each Entrant represents, understands and acknowledges that he/she will not be paid for or receive any form of compensation or royalty (other than the prize stated herein if selected as a Prize Winner) in exchange for granting Sponsor the non-exclusive license rights or for any subsequent use of such Entry by Sponsor. If requested, Entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights Entrant is granting to use the Entry.
4. JUDGING CRITERIA: All eligible Entries received during the Contest Period will be judged by a qualified panel of judges selected by Sponsor based on the following criteria: (i) Creativity: (0-25 points); (ii) Appropriateness to the Theme (0-25 points); (iii) Clear Inclusion of DairyPure Brand (0-25 points); and (iv) Quality/Clarity of the Photo or Video submitted (0-25 points) (i, ii, iii and iv collectively, “Judging Criteria”). The top twenty (20) highest scoring Entries will each be deemed a potential Finalist. A U.S. Olympian designated by Sponsor will judge the twenty (20) potential Finalists based on the same criteria outlined above, and the highest scoring entry will be deemed the Grand Prize Winner. In the event of a tie between any Entries based on the Judging Criteria, the tied Entries will be re-judged by an additional judge who will serve as a tie-breaker using the same Judging Criteria as outlined herein. The decisions of the panel of judges are final and binding in all respects. Sponsor reserves the right to not award all prizes if an insufficient number of qualified Entries are received. LIMIT ONE (1) PRIZE PER HOUSEHOLD.
5. TWENTY (20) SEMIFINALIST PRIZES: Each Semifinalist will receive twelve (12) milk coupons (see section 5(a) for details). The approximate retail value (ARV) for each Semifinalist Prize is: up to $50. Approximate Retail Value of Semifinalists Prizes: $1,000.
a) Due to dairy regulations, if a Semifinalist is chosen from the list of below dairy-regulated states, he/she will be awarded a gift card with an ARV of $50.00, versus milk coupons, as free coupons for milk are prohibited in the regulated states: AR, CA, CO, CT, KS, KY, LA, MD, ME, MA, MN, MO, MT, ND, NJ, NV, PA, RI, TN, VA, WV, WI.
6. ONE (1) GRAND PRIZE: Grand Prize consists of one (1) trip for Grand Prize Winner and up to three (3) Guests to attend the Olympic Games in Tokyo 2020, Japan, consisting of (i) round trip economy class air transportation for one (1) Winner and up to three (3) Guests from a major U.S. international gateway airport nearest Winner’s residence (as determined by Sponsor) to Tokyo, Japan; (ii) standard hotel accommodations for a maximum of (3) days/(4) nights at a Sponsor designated hotel; (iii) admission tickets for Winner and up to three (3) Guests to attend Olympic Events (actual events and dates to be determined at Sponsor’s sole discretion); and (iv) $250 per day gift card as a meal voucher (i, ii, iii and iv, defined as the “Grand Prize”) . Total ARV for Grand Prize: Up to $15,000. Total ARV for all Prizes: $16,000. Actual Grand Prize value may vary based upon location of departure city and travel segment and no compensation or substitution will be provided for difference in prize value. Travel must be made through Sponsor’s agent, on a carrier of Sponsor’s choice. No stopovers are permitted on airline tickets issued as a prize; if a stopover occurs, the prize will terminate at the stopover point and full fare will be charged for the remaining segments, including the return, of the trip. Released Parties are not liable for any expenses incurred as a consequence of a flight cancellation or flight delay. Travel is subject to capacity controls, availability, and certain other restrictions, all of which are subject to change. Winner and Guests must travel on same itinerary. If Winner is eligible but a minor in his or her state of residence, he/she must be accompanied by a parent or legal guardian at all times; parent or legal guardian must sign and return all required documentation. If Winner’s Guest is a minor, Winner must be the parent or legal guardian of Guest who must sign and return all required documentation. Travel must be completed on dates specified by Sponsor. If the potential Grand Prize Winner is unable to complete travel on dates specified by Sponsor, that Winner will be disqualified and the prize may be forfeited. In the event the potential Grand Prize Winner is disqualified, Sponsor will use reasonable efforts to award the Grand Prize to an alternate winner provided sufficient time remains prior to the Grand Prize Trip. Grand Prize Winner and Guests are responsible for obtaining all travel documents required by airline, including, without limitation, passports and visas, prior to travel. Grand Prize Winner is responsible for all costs and expenses associated with the acceptance and use of the prize not specified herein as being awarded, including, but not limited to all luggage fees, ground transportation (including ground transportation to and from U.S. airport), meals, gratuities, upgrades and souvenirs. Olympic Event tickets are subject to certain terms and conditions specified thereon. Ticket seating locations will be determined by Sponsor. Grand Prize Winner and Guests must comply with all venue rules and regulations. Failure to do so may result in forfeiture of such portion(s) of Grand Prize. In the event Sponsor is unable to provide tickets to an Olympic Event, including, without limitation, cancellation or postponement of such event, Sponsor will award remainder of Grand Prize less such tickets and will have no further obligation to such winner. All Grand Prize details are at the sole discretion of the Sponsor. Sponsor reserves the right to remove or to deny entry to any Olympic Event, or transportation to or from any event, if the Grand Prize Winner or Guest engages in a disruptive manner or with intent to annoy, abuse, threaten or harass any other person at said event. Such behavior may result in disqualification of said Grand Prize Winner. Any act performed by the Grand Prize Winner or a Guest, that is defined by Federal, Provincial or Local statute or ordinance as constituting a criminal act may result in the removal from an Olympic Event. At the sole discretion of the Sponsor and/or Sponsor representatives, if the Grand Prize Winner or a Guest creates the potential for death, disability, injury and/or property damage during an Olympic Event, the Sponsor and/or Sponsor representative shall have the right to remove the Grand Prize Winner and Guest(s) from the Olympic Event and the Grand Prize Winner will immediately depart on the next available flight to the major U.S. international gateway airport nearest winner’s residence (as determined by Sponsor). Grand Prize Winner may not choose the cash value in lieu of a Grand Prize. In the event a Grand Prize Winner does not want to accept the Grand Prize as stated herein, a Grand Prize Winner may elect to receive a cash substitution in the amount of seven thousand five hundred dollars ($7,500). No assignment, or transfer of any Grand Prize (or any portion thereof) permitted. In the event an advertised prize is unavailable for any reason, Sponsor reserves the right, at its sole discretion, to substitute a prize of equal or greater value.
ALL PRIZES ARE PROVIDED “AS IS” WITH NO WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED. Prizes are not transferable, redeemable for cash, or substitutable except by Sponsor, which reserves the right, at its discretion, to substitute a prize or portion of a prize with one of comparable or greater value. All Prize Winners are solely responsible for any and all federal, state and local taxes on prize(s) awarded.
7. Winner Notification/ReleaseS: Potential Semifinalists will be notified by Sponsor in a responsive comment to the corresponding Entry on or about March 5, 2018, Potential Grand Prize Winner will be notified by Sponsor in a responsive comment to the corresponding Entry on or about March 12, 2018. Potential Grand Prize Winner and Semifinalist Winners will be required to send a direct message to the Sponsor’s account that contains the potential Prize Winner’s full name as it appears on his/her government-issued photo ID, email address and phone number including area code within twenty (24) hours following the Sponsor’s responsive comment to the Entry. Each Entrant is responsible for monitoring his/her Facebook, Twitter or Instagram account(s) as may be appropriate, for prize notification or other communications related to the Contest. Sponsor shall have no liability for (i) the potential Prize Winner’s failure to receive notices due to the potential Prize Winner’s privacy settings on Facebook, Twitter or Instagram or spam, junk email or other security settings; (ii) a potential Prize Winner’s inability to access Facebook, Twitter or Instagram; or (iii) a potential Prize Winner’s provision of incorrect or otherwise non-functioning contact information. If the potential Prize Winner(s) does not send a direct message to the Sponsor’s Facebook, Twitter or Instagram account within twenty-four (24) hours, or if the direct message is returned as undeliverable, that potential Prize Winner will be disqualified and the prize will be awarded to an alternate Prize Winner. Once the potential Prize Winner sends the required information to Sponsor via direct message, he/she will be sent notification via email from the Contest Administrator and he/she will be required to sign and return an Affidavit of Eligibility and Liability and, unless prohibited by law, a Publicity Release Form within twenty-four (24) hours of notification. The Grand Prize Winner will be required to provide Sponsor with his/her social security number for tax purposes. The Internal Revenue Service requires Form 1099MISC to be issued and filed for any U.S. resident who receives a prize if the annual aggregate value of the prize received is $600 or more. If applicable, Sponsor will issue a Form 1099MISC to the Grand Prize Winner for the total fair market value of the prize awarded under this Contest. The Grand Prize Winner’s travel companions (“Guest(s)”) will be required to execute and return a Travel/Liability Release and (where legal) Publicity Release prior to issuance of travel documents.
A potential Grand Prize Winner may be disqualified under any of the following circumstances; i) if prize notification or email correspondence is returned as undeliverable; ii) if he/she is found to be ineligible; iii) if he/she does not return the Affidavit of Eligibility and Liability within twenty-four (24) hours of notification. In the event a potential Prize Winner is disqualified for any reason, Sponsor will award the Prize to the next highest scoring entry. Upon prize forfeiture or disqualification, no other compensation will be given. A selected potential Prize Winner will not be an official Prize Winner until all required documentation has been returned, and eligibility has been formally verified. Sponsor is not responsible for fraudulent calls or emails made to Entrants or potential Prize Winners not by Sponsor or Contest Administrator. The receipt by the Prize Winner of the prize offered in this Contest is conditioned upon compliance with any and all federal and state laws and regulations. Any violation of these Official Rules by the Prize Winner will result in such Prize Winner's disqualification (at Sponsor's sole discretion) as a Prize Winner of the Contest and all privileges as a Prize Winner will be immediately terminated.
DISQUALIFICATION (AT SPONSOR'S SOLE DISCRETION) AS A PRIZE WINNER OF THE CONTEST AND ALL PRIVILEGES AS A PRIZE WINNER WILL BE IMMEDIATELY TERMINATED.
8. GENERAL RULES: By participating, Entrants agree as follows: a) to abide by these Official Rules, and to the decisions of Sponsor and the judges, which shall be final and binding in all respects; b) to the use of their names, likenesses, Footage, Entries, Updates, voices, biographical data by Sponsor and its designees for advertising, promotional and other purposes in any and all media now or hereafter known throughout the world for a period of three (3) years from the conclusion of the Contest at discretion of Sponsor without compensation, permission or notification (except where prohibited by law); and c) that Sponsor and the Released Parties be held harmless from and against any damage, loss or injury resulting, in whole or in part, directly or indirectly, from participation in this Contest (including without limitation: production of photos or videos for any entry; any travel/activity related thereto), violation of these Official Rules, the use or misuse of any prize or Released Parties’ use of any rights granted herein. Released Parties are not responsible for lost, interrupted or unavailable network, server or other connections, miscommunications, failed phone, computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, scoring errors or other problems or errors related to participation in the Contest or other errors or problems of any kind whether typographical, printing, human, mechanical, computer, electronic or otherwise relating to or in connection with the Contest, including, without limitation, errors or problems which may occur in connection with the administration of the Contest, the processing or judging of Entries, the announcement of the winners or prizes, the cancellation or postponement of any event, or the Tokyo 2020 Olympic Games, or in any Contest-related materials or for any damage to Entrant’s or other person’s hardware or software as a result of participation. Released Parties are not responsible for Entries that are late, lost, stolen, incomplete, inaccurate, undelivered, misdirected, garbled or delayed by computer transmissions. Persons found tampering with or abusing any aspect of this Contest or who are in violation of these Official Rules as solely determined by the judges will be disqualified and all associated Entries will be void. In the event the Contest is compromised by virus, bugs, non-authorized human intervention or other causes which corrupt or impair the administration, security, fairness or proper play of the Contest, or if the Contest is unable to run as planned for any other reason, Sponsor reserves the right in its sole discretion to suspend or terminate the Contest or any portion thereof and/or terminate the participation of any Entrant (and void his/her Entry) whose conduct potentially compromises the Contest and, if terminated, at Sponsor’s discretion, judge all eligible, non-suspect Entries received up to time of such action using the judging procedure outlined above.
AS A CONDITION OF PARTICIPATING, ENTRANT AGREES THAT A) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT OF POCKET EXPENSES, IF ANY, AND B) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST, OR ANY COMPENSATION OR CREDIT TO BE PROVIDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND C) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARD SHALL BE LIMITED TO ACTUAL OUT OF POCKET COSTS INCURRED, IF ANY, AND IN NO EVENT SHALL ENTRANT BE ENTITLED TO RECEIVE ATTORNEYS’ FEES OR OTHER LEGAL COSTS OR EXPENSES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. The Contest is governed by the laws of the State of New York without regard to its conflict of laws principles, with venue in the State of New York, County of New York. Any controversy or claim arising out of or relating to these Official Rules or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
9. WINNERS’ LIST: The names of the winners (available after March 30, 2018) and/or a copy of these Official Rules may be obtained by mailing a self-addressed, stamped #10 envelope to: DairyPureGold Contest Winners/Rules (please specify which), 1400 Old Country Road, Ste 417, Westbury, NY 11590, for receipt no later than April 13, 2018. VT residents omit return postage on rules requests.
10. SPONSOR: Dean Foods Company, 2711 North Haskell Avenue, Suite 3400, Dallas, TX 75204
11. ADMINISTRATOR: Central Marketing & Communications, 1400 Old Country Road, Ste 417, Westbury, NY 11590. The International Olympic Committee and the United States Olympic Committee are neither sponsors of this promotion nor have any responsibilities regarding its conduct or administration.
12. USOC AUTHENTICATION CODE: 36 USC 22056