Challenge Dairy Blogger Sweepstakes
Official Rules
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility
The Challenge Dairy Blogger Sweepstakes (the “Promotion”) is open only to legal residents of the fifty (50) United States (including District of Columbia) who are at least thirteen (13) years old at the time of entry. Void in Guam, Puerto Rico, the U.S. Virgin Islands, and other U.S. territories and possessions and where prohibited by law. Employees of Challenge Dairy Products, Inc., Matrixx Productions, Inc. or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Promotion and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Promotion 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 Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor and Administrator
Sponsor: Challenge Dairy Products, Inc., P.O. Box 2369 Dublin, CA 94568.
Administrator: Matrixx Productions, Inc. 3122 Santa Monica Blvd. Ste. 201, Santa Monica, CA 90404.
3. Timing
The Promotion begins on October 9, 2009 at 12:00 a.m. Pacific Time (“PT”) and ends on December 31, 2009 at 11:59 p.m. PT (the “Promotion Period”). Administrator’s computer is the official time keeping device for this Promotion.
4. How to Enter (There is one way to enter.)
Blog Post: To enter, write a post on your blog about the Challenge Dairy “A Taste of the West” Sweepstakes and include a link to that sweepstakes registration page at http://challengedairy.com/sweepstakes/index.html (the “Website”). Then send an e-mail to ChallengeButter@gmail.com containing a link to your blog post along with your name, address and phone number to be contacted should you win. Entering the Challenge Dairy Blogger Sweepstakes does not automatically enter you into the Challenge Dairy “A Taste of the West” Sweepstakes. See those official rules at http://challengedairy.com/sweepstakes/index.html. You will receive one (1) entry into the Promotion upon successful posting of your blog and receipt of your e-mail.
For information such as photos and prize details to potentially include in your blog post about the Challenge Dairy “A Taste of the West” Sweepstakes, visit http://challengedairy.com/sweepstakes/index.html or find us on http://www.facebook.com. There are many free blog creation and hosting services available. Visit www.blogger.com or www.wordpress.com for more information. No sponsorship, endorsement or affiliation is implied.
For All Entries: Limit of One (1) entry per person, during the Promotion Period. Any attempt by any participant to obtain more than one entry by using multiple/different email addresses, identities, or any other methods will void that participant’s plays and that participant may be disqualified. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified. In the event of a dispute as to any entry, the authorized account holder of the email address used will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. Administrator reserves the right to contact entrants.
5. Winners Selection:
Prize Drawing: On or about January 8, 2010 five (5) Prize Winners will be randomly selected from all eligible entries received during the Promotion Period.
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY ADMINISTRATOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.
The potential winners will be notified by email or phone given at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within three (3) days of the first notification attempt, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Sponsor may successively attempt to contact up to ten (10) potential winners of the Prize, in accordance with such procedure, and if there are still no confirmed winners of the five (5) Prizes after such attempts have been made, one or more Prizes may go unawarded.
6. Prizes
FIVE (5) PRIZES: Each Prize Winner will receive a $100 check. One prize per person. Winners are responsible for all taxes associated with Prize. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period. TOTAL APPROXIMATE RETAIL VALUE (ARV) OF ALL PRIZES: $500.00.
7. Entry Conditions and Release
By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Administrator which are binding and final in all matters relating to this Promotion; (b) release and hold harmless the Sponsor and the Administrator and each of their respective parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Promotion, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsor and the Administrator from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s participation in the Promotion and/or entrant’s acceptance, use or misuse of prize.
8. Publicity
Except where prohibited, participation in the Promotion constitutes winners’ consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions, blog postings related to this Promotion, and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
9. General Conditions
Administrator reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Administrator’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Administrator in its sole discretion. Administrator reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Limitations of Liability
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Promotion play, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded.
11. Disputes
Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, other than those concerning the administration of the Promotion or the determination of winners, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate California State Court located in Alameda County, California; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (iv) 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 expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
14. Entrant’s Personal Information
Information collected from entrants is subject to the Sponsor’s Privacy Policy which is available at http://www.challengedairy.com/legal.
15. Promotion Results
Following the awarding of the Prizes, the first name, first initial of last name, city and state of the five (5) Prize Winners will be posted at www.ChallengeDairy.com/Blog.