THE DOFINO CHEESE SEND YOUR LOVE WITH LUNCH PROMOTION
OFFICIAL PROMOTION RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
The Dofino Cheese SEND YOUR LOVE WITH LUNCH Promotion (the “Promotion”) is sponsored by Arla Foods, Inc. (the “Sponsor”). By entering the Promotion, you agree to comply with and be bound by these Official Promotion Rules (the “Rules”). Please review the Rules carefully. If you do not agree to the Rules in their entirety, you are not permitted to enter the Promotion.
This Promotion is open to legal residents of the 50 United States and the District of Columbia, living in the 50 United States or the District of Columbia who are at least 18 years of age at the time of entry. The Promotion is void elsewhere and in any jurisdiction where the Promotion is prohibited or otherwise restricted by law, rule or regulation in a manner inconsistent with these Rules. Employees, officers, directors and vendors of Sponsor, its affiliated and subsidiary companies, advertising and Promotion agencies and those involved in the administration, development, fulfillment and execution of this Promotion (collectively, the “Promotion Parties), and the immediate family (parent, child, grandparent, grandchild, sibling and spouse or “step” of each) or members of the households of such individuals are not eligible to participate.
2. Entry Periods.
The Promotion begins at 12:00:00 a.m. Eastern Time (“ET”) July 29, 2013 and ends at 11:59:59 p.m. ET October 6, 2013. Within the Promotion there are ten (10) separate, week long entry periods, each corresponding to a week beginning at 12:00:00 a.m. ET Monday and ending at 11:59:59 p.m. the next Sunday (each an “Entry Period”) from which random drawings (each a “Weekly Drawing”) will determine Weekly Prize Winners. In addition, all Entrants will be entered into a separate random drawing from which one entrant will be selected to receive the Grand Prize in this Promotion. Sponsor’s designated computer is the official time clock for this Promotion.
The Entry Periods and drawings from which the Weekly Prize Winners will be determined are as set forth in the Weekly Drawing chart below. The Entry Period Deadline refers to the final time within an Entry Period and is the time by which online entries must be received within an Entry Period or by which AMOE entries (as detailed below) must be postmarked to be eligible for the corresponding Drawing Date. AMOE entries must be received within seven days after the applicable Entry Period Deadline to be eligible for the corresponding Weekly Drawing (otherwise they will be placed in the next Weekly Drawing (provided that there are Weekly Drawings remaining)).
The Entry Periods and drawings from which the Weekly Prize Winners will be determined are as follows:
|Entry Period||Drawing Date for Weekly Drawing for Weekly Prize Winners|
|12:00:00 a.m. ET 7/29/13 to
11:59:59 p.m. ET 8/4/13
|On or about August 19, 2013|
|12:00:00 a.m. ET 8/5/13 to
11:59:59 p.m. ET 8/11/13
|On or about August 26, 2013|
|12:00:00 a.m. ET 8/12/13 to
11:59:59 p.m. ET 8/18/13
|On or about September 3, 2013|
|12:00:00 a.m. ET 8/19/13 to
11:59:59 p.m. ET 8/25/13
|On or about September 9, 2013|
|12:00:00 a.m. ET 8/26/13 to
11:59:59 p.m. ET 9/1/13
|On or about September 16, 2013|
|12:00:00 a.m. ET 9/2/13 to
11:59:59 p.m. ET 9/8/13
|On or about September 23, 2013|
|12:00:00 a.m. ET 9/9/13 to
11:59:59 p.m. ET 9/15/13
|On or about September 30, 2013|
|12:00:00 a.m. ET 9/16/13 to
11:59:59 p.m. ET 9/22/13
|On or about October 7, 2013|
|12:00:00 a.m. ET 9/23/13 to
11:59:59 p.m. ET 9/29/13
|On or about October 14, 2013|
|12:00:00 a.m. ET 9/30/13 to
11:59:59 p.m. ET 10/6/13
|On or about October 21, 2013|
3. HOW TO ENTER. Enter online at www.Facebook.com/DofinoCheese (the “Promotion Site”) during the Entry Period by clicking on the “Sweepstakes” tab at the Promotion Site, accessing the Promotion App through that tab and completing the online entry form completely and submitting the online form. Alternate Means of Entry (“AMOE”). Eligible entrants may alternatively submit an entry by mail without entering via the Promotion Site. To enter by mail, legibly print or type on a 3” x 5” card the following information: entrant’s name, address, telephone number, email address of entrant and the words “Dofino Cheese Promotion Entry.” The completed card should be mailed to Dofino Cheese Promotion c/o Arla Foods, Inc., Attention: LISVE, 645 Martinsville Road, Basking Ridge, NJ 07920 (the “Promotion Address”). Entries must be postmarked during an Entry Period and received within seven days thereafter to be eligible. Limit one AMOE entry per outer envelope or mailer. One who enters the Promotion is sometimes referred to as an “Entrant” in these Rules. Only one (1) entry is permitted per person total during the Promotion (total, not each Entry Period) by the methods specified in this paragraph (“Registration Entries”), regardless of means of entry. Submitting multiple entries in the Promotion by the means referred to in this paragraph will disqualify you from the Promotion. Registration Entries not selected in a Weekly Drawing will roll over into subsequent remaining Weekly Drawings.
Additional Entries for Sharing with Friends When They Submit a Registration Entry Via Your Unique Link: Eligible entrants may obtain up to five (5) additional entries in an Entry Period when their friends register for the Promotion using a unique link associated with you which is available from the Promotion Site. You may obtain a unique link in the Promotion App accessed through the Promotion Site by entering the requested information which will enable you to share information regarding the Promotion via Twitter, email and/or with one of your Facebook friends (a person for whom you provide information is referred to as a “Friend”). If a Friend registers for the Promotion via your unique link you will receive one (1) additional entry in the Promotion in the Entry Period corresponding to the date on which your Friend registered. If you provide contact information for a Friend, your Friend will receive a message inviting your Friend to visit the Promotion Site and participate in the Promotion. The message to your Friend may identify you as having recommended that the message be sent. Your Friend must have a Facebook account to participate in the Promotion via the Promotion Site. You may only provide the contact information (Facebook Name, email or Twitter handle) of a Friend with whom you have an existing personal relationship and from whom you have received permission to provide such information to Sponsor, and who would not consider a message via Facebook, Twitter or email or otherwise from you or Sponsor to be spam. A total of five (5) additional entries per Entry Period can be obtained by participating in the “share with a friend” means of entry (above) or the “Sharing With A Friend” option (described below) available to those entering via the AMOE, regardless of means of entry. You cannot utilize both the “share with a friend” means of entry via the Promotion App and the “Sharing with a Friend” AMOE in the same Entry Period. In any Entry Period, those who wish to obtain up to five (5) additional entries in an Entry Period for “Sharing With A Friend” may do so by legibly printing or typing on a 3” x 5” card the words “Sharing With A Friend,” your name, address, phone number and email and mailing the completed card either (a) along with the AMOE entry, or (b) subsequently in a separate envelope to Dofino Cheese Promotion, Attn: Sharing With A Friend, at the Promotion Address. Each completed card (up to five (5) total per Entry Period) will result in an additional entry in the Entry Period corresponding to the postmark date of the envelope /mailer (if legible) provided such envelope / mailer is received within seven days of postmark, or if received thereafter or the postmark is not legible, then in the Entry Period corresponding to the day received. Limit five “Sharing With A Friend” additional entries per outer envelope or mailer and only entries from one Entrant may be submitted in an outer envelope or mailer. Additional entries obtained via the process described in this paragraph will not carry over into subsequent Entry Periods. However, additional entries obtained via the process described in this paragraph, up to a total of five (5) in the aggregate across all Entry Periods, will be entered into the Grand Prize drawing. Accordingly, an Entrant may have up to a total of six (6) entries in the Grand Prize drawing.
Sponsor assumes no responsibility for any computer, software, online, Internet or technological malfunctions or for lost, late, stolen, incomplete, illegible, inaccurate, undelivered, delayed, mutilated, postage-due or misdirected mail, correspondence, requests, claims or other errors or problems in connection with or relating to the Promotion. All entries become the property of the Sponsor and none will be returned. Sponsor reserves the right to disqualify any person who, in Sponsor’s sole judgment, tampers or attempts to tamper with the entry procedure or the Promotion Site or does not comply with these Rules.
4. Winner Selection and Notification.
Tentative Weekly Prize winners will be selected by a random drawing on or about the dates specified in the chart above. A tentative Grand Prize winner will be selected by a random drawing on or about October 21, 2013. Such tentative winners will be notified via email within a week of the applicable drawing. A notified person, at his or her sole discretion, may disclaim a prize by not claiming such prize or by not completing and returning to Sponsor, the Sponsor’s Affidavit of Eligibility and Liability and Publicity Release within seven (7) days of attempted notification and in such case an alternate tentative prize winner of such prize will be selected and this process will be repeated until such time as a tentative prize winner completes and returns to Sponsor the Sponsor’s Affidavit of Eligibility and Liability and Publicity Release within seven (7) days of attempted notification. At such time, subject to verification by Sponsor, a tentative prize winner will be deemed a prize winner. Except where prohibited by law, each prize winner further grants to Sponsor, without further consideration, the irrevocable, perpetual right to use such prize winner’s name, photograph, voice, likeness and city of residence for purposes of advertising or promoting and publicizing the efforts and activities of the Sponsor and the Promotion, worldwide in any media now existing or hereafter developed, including but not limited to the world wide web and social media, without notice, approval or review by Entrant. Non-compliance or the return of any prize notification as undeliverable may result in disqualification and selection of an alternate winner. Failure to have an active email address will result in forfeiture. In no case shall the Sponsor be liable in any manner where a winner has not received notification sent from the Sponsor or where the Sponsor fails to receive a response from the tentative winner or winner as required. Winners must provide their physical mailing address within the 50 United States or DC to receive prize.
5. Prize Descriptions.
ONE (1) GRAND PRIZE: The Grand Prize winner will receive a $1,000 (one thousand dollars) VISA® gift card. Grand Prize winner will also receive a Cuisinart® 14-Cup Food Processor. (Approximate Retail Value (“ARV”) is $179). In addition, a $1,000 (one thousand dollars) donation in the form of a VISA® gift card will be given to a US school (elementary through high school) designated by Grand Prize winner (and subject to acceptance by designated school and approval by Sponsor) to be used for school improvement projects.
TEN (10) WEEKLY PRIZES: Each Weekly Prize winner will receive a Cuisinart® Sandwich Grill (ARV $19.99) and a $100 (one hundred dollars) VISA® gift card.
Except where required by law, the prizes are not transferable and there is no alternate cash value for any prize. No substitution of any prize is offered, except at the sole discretion of the Sponsor. If a prize becomes unavailable, Sponsor may award a substitute prize of equal or greater value. Odds of winning a Prize depend upon the number of eligible entries received. Taxes on a prize and expenses related to acceptance, delivery and use of a prize, are the sole responsibility of the applicable prize winner.
Sponsor reserves the right to release current or past user information:
(a) In the event that Sponsor believes that the Promotion Site is being or has been used to commit unlawful acts;
(b) Upon receipt of a properly authorized and authenticated governmental request for information;
(c) In response to a subpoena or a court order,
(d) To comply with relevant laws;
(e) In response to an investigation of fraud or other wrongdoing regarding a specific consumer;
(f) In an effort to safeguard the person or property of a Sponsor employee or a third party; or
(g) If Sponsor is sold or acquired.
Moreover, Entrant hereby consents to disclosure of any record or communication to any third party when Sponsor, in its sole discretion, determines the disclosure to be appropriate including, without limitation, sharing Entrant’s email address with other third parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time.
If Entrant no longer wishes to receive emails from Sponsor which they have not specifically initiated, Entrant may opt-out of receiving these communications by following the instructions contained in the applicable email. Sponsor processes all unsubscribe requests in a prompt fashion.
Sponsor may take reasonable steps to confirm Entrant’s identity prior to supplying any personally identifiable information to Entrant in order to prevent identity theft.
7. Winners List / Rules Request
A list of winners will be posted at the Promotion Site after they are determined. To receive a copy of the Rules or list of winners by mail, send a self addressed stamped envelope (residents of a state that deems provision of the stamp on the return envelope “consideration” may omit the stamp on the return envelope) by December 31, 2013 to: Dofino Cheese Winners List and/or Dofino Cheese Rules Request (as applicable) at the Promotion Address.
8. LIMITATIONS OF LIABILITY AND RELEASE.
Sponsor and the Promotion Parties are not responsible for and shall not have or assume any liability resulting from participation in or attempt to participate in the Promotion or for any error of any kind in connection with the Promotion, whether human, mechanical or electronic.
No responsibility or liability is assumed by the Sponsor or Promotion Parties for: any technical problems or technical malfunction which may affect the operation of the Promotion, including but not limited to any of the following occurrences: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Promotion Site, in whole or in part for any reason; the download of any information in connection with participating in the Promotion; traffic congestions on the Internet or the Promotion Site; unauthorized human or non-human intervention of the operation of the Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Promotion, or loss, misdirection, inaccessibility or unavailability of an account used in connection with the Promotion. Sponsor and the Promotion Parties are not responsible for any typographical errors in the announcement of Prizes or these Official Rules, or any inaccurate or incorrect data contained on the Promotion Site. Use of the Promotion Site is at user’s own risk. Sponsor and the Promotion Parties are not responsible for any personal injury, property damage, death or losses of any kind which may be sustained to user’s or any other person’s computer equipment resulting from participation in the Promotion, use of the Promotion Site or Facebook or the download of any information from the Promotion Site. By participating in the Promotion, each Entrant agrees to resolve any dispute individually, without resort to any class action. Each Entrant agrees and by accepting a Prize in the Promotion each winner affirms that Sponsor and Promotion Parties shall not be liable for any loss or injury or death resulting from participation in the Promotion or acceptance or use of any Prize.
BY PARTICIPATING IN THE PROMOTION, PARTICIPANTS AGREE TO RELEASE AND HOLD HARMLESS SPONSOR AND THE PROMOTION PARTIES AND FACEBOOK FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OF ANY PRIZE, INCLUDING PROPERTY DAMAGE, PERSONAL INJURY OR DEATH. EACH PARTICIPANT FURTHER AGREES THAT IN ANY CAUSE OF ACTION, THE PROMOTION PARTIES’ LIABILITY WILL BE LIMITED TO THE DIRECT, ACTUAL OUT-OF-POCKET COST OF ENTERING THE PROMOTION, AND IN NO EVENT SHALL SPONSOR, THE PROMOTION PARTIES OR FACEBOOK BE LIABLE FOR ATTORNEYS’ FEES, PUNITIVE, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES AND EACH PARTICIPANT WAIVES THE RIGHT TO CLAIM ANY DAMAGES WHATSOEVER.
9. General Conditions. By entering, each Entrant further agrees that, in the event that there is any conflict or other inconsistency between the Rules and any advertisements, Promotional or marketing materials, e-mails or announcements relevant to the Promotion, these Rules will govern. Winner and verification determinations and decisions regarding the construction and interpretation of the Rules are made by Sponsor, whose decisions are final and binding in all respects.
In the event of a dispute as to the identity of the 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.
Any disputes arising from the Promotion shall be governed by and construed in accordance with the laws of the State of New Jersey (without regard to conflict of law principles). Should a dispute arise concerning the Promotion, the parties agree to submit their dispute for resolution in a court of competent jurisdiction in the State of New Jersey. Should any part of these Rules be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
Persons found tampering with or abusing any aspect of the Promotion, as solely determined by the Sponsor, will be disqualified.
Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods and persons using any like methods will be disqualified. Each online entry submission must be manually key stroked and manually entered by the individual Entrant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or Promotion service) will be disqualified and transmissions from these or related email or IP addresses may be blocked.
If disqualified for any of the above reasons, Sponsor reserves the right to terminate Entrant’s eligibility to participate in the Promotion. In the event that the Promotion is not capable of being conducted as contemplated in the Rules or if any portion of the Promotion is compromised by virus, bugs, non-authorized human intervention or other causes beyond the control of the Sponsor which, in the sole opinion of the Sponsor, corrupts, or impairs the administration, security, fairness or proper determination of the Promotion, the Sponsor reserves the right, in its sole discretion, to suspend or terminate the Promotion or any part of the Promotion, or any combination of the above.
11. Legal Warning.
Any attempt by any individual, whether or not a Entrant, to damage, destroy, tamper with or vandalize the Promotion Site, or otherwise interfere with the operation of the Promotion, is a violation of criminal and civil law and the Sponsor reserves the right to diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
SPONSOR: Arla Foods, Inc., 645 Martinsville Road, Basking Ridge, NJ 07920. This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook and any questions, comments or complaints regarding the Promotion should be directed to Sponsor at the Promotion Address, not Facebook.