So Delicious Dairy Free Every Day Is Sundae Giveaway Official Rules

NO PURCHASE NECESSARY to enter or win. The So Delicious Dairy Free Every Day Is Sundae Giveaway (“Giveaway”) is sponsored by Danone US, LLC (“Sponsor”) and administered by Allison+Partners (“Administrator”). This promotion is not sponsored, endorsed, or administered by Instagram. If you enter, you are providing your information to Sponsor, not to Instagram.

1. Giveaway PERIOD:  The Giveaway begins on Sunday, July 19, 2020 at approximately 10:00AM Eastern Standard Time (“EST”) and ends on Sunday, July 19, 2020 at approximately 11:59:59 PM EST (“Giveaway Period”). The Administrator’s computer is the Giveaway’s official clock. Winners will be chosen on or around Monday, July 20, 2020.

2. ELIGIBILITY: This Giveaway is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least twenty-one (21) years old on Sunday, July 19 (each, an “Entrant” or “you”). Based on the terms of entry listed below, the tagged friend in an Entrant’s submission must also abide by the eligibility guidelines. The employees, officers, directors, agents, administrators, and representatives of Sponsor, Sponsor’s parent company, affiliates, and subsidiaries, and Sponsor’s advertising and promotion agencies (including the Administrator, hereinafter defined), and their respective parents, subsidiaries, and affiliates (collectively, the “Released Parties”), and each of their immediate family members (spouse and parents, children and siblings, and their respective spouses, regardless of where they reside) and individuals living in the same households of each of these individuals, whether related or not, of the above are not eligible to receive a Prize (as defined in Section 4). Giveaway is subject to all applicable federal, state and local laws. Void where prohibited or restricted by law.

Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Giveaway.

3. HOW TO ENTER:  

During the Giveaway Period, Entrants may enter one (1) time by visiting Instagram.com/So_Delicious or using the Instagram mobile application and commenting on the #EverydayIsSundae Instagram post published on July 19, 2020 by the @So_Delicious account with your favorite featured recipe and tagging a friend’s Instagram account who you would like to share the recipe with. Limit of one (1) submission per person no matter the number of attempted entries received; additional submissions will be disqualified. All entries must be received by Sponsor during the Giveaway Period, in English. Any attempt by any participant to obtain additional entries beyond the limit by using multiple/different email addresses, identities, registrations, or any other methods will void that entrant’s entries and that entrant shall be disqualified. Multiple participants are not permitted to share the same Instagram account. Use of any automated system to participate is prohibited and will result in disqualifications. Sponsor is not responsible for lost, late, incomplete, invalid, void, unintelligible or misdirected entries, which will be disqualified. In the event of a dispute as to an entrant’s submission, the person who is the authorized Instagram account holder will be deemed to be the entrant, but only if that person is otherwise eligible to enter the Giveaway. The “authorized Instagram account holder” is the person assigned to an email address by an Internet access provider, online service provider, Internet service provider, online service provider or other organization responsible for assigning email addresses for the account associated with the submitted entry. The winners may be required to show proof of being the authorized Instagram account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, the winning entrant may be deemed ineligible. Submissions specifying an invalid, non-working, or inactive Instagram account will be disqualified and ineligible to win.  All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of submission will not be deemed proof of receipt of submission by Sponsor. The winners will be chosen from the pool of Entrants at random after the Giveaway Period has ended. Winning Entrants will be notified via Instagram. Prizes will be mailed to the address provided by the Entrant.

 

4. PRIZES:

A. Submission: Each eligible Submission will give the Entrant a chance to win a free personalized pint of So Delicious Dairy Free frozen dessert and one to share with the friend they tagged in their Giveaway submission, with an approximate retail value of $30 and 00/100 Dollars ($30.00) (the “Prize”).  One Prize will be awarded per person.

B. SELECTION: Fifty (50) winners will be chosen at random from the pool of Entrants and notified via the Instagram account included in their submission on or around Monday, July 20, 2020. Potential winners will have three (3) business days to respond and claim the prize, including completing and returning an Affidavit of Eligibility, Liability and Publicity Release, and/or Assignment (if required by Sponsor). If Administrator has not received a response and completed documentation from the potential winners after three (3) business days, such winners will be disqualified and Sponsor reserves the right to randomly select alternate winners from the remaining eligible entries received for the applicable Giveaway. The same process will repeat until winners have responded and claimed the prize.

All potential winners are subject to verification by Sponsor and/or Administrator.  An Entrant is not a winner of the Prize unless and until Entrant’s eligibility has been verified. The Sponsor reserves the right, in its sole discretion, to choose an alternative winner in the event that a possible winner has been disqualified or is deemed ineligible for any reason. Upon verification, a potential recipient will be contacted by Sponsor or an associated agency for Prize fulfillment arrangements. If a potential recipient is found to be ineligible, is not in compliance with these Official Rules, declines to accept a Prize, or recipient is unable to be contacted within the timeframe specified, the recipient may be disqualified, and the Prize forfeited by such recipient. Prizes are not transferable and include only the item/amount specifically listed as part of the Prize, unless substitutions of equal or greater value are provided in Sponsor’s sole discretion. Any portion of a Prize not accepted by a recipient will be forfeited. Federal, state, and local taxes on the Prize and any expenses relating to the acceptance of and use of the Prize not specified herein are the responsibility of the recipient. Prizes will only be awarded to a verified recipient.

The Winners shall receive the following items, to be redeemed by them and up to one (1) friend:

 

The Prize consists only of items specifically listed as part of the Prize or as agreed upon by Sponsor in writing. All costs and expenses not specified herein, related to the prize or incurred by accepting a prize, are the sole responsibility of each individual winner, including without limitation travel costs, meals, parking, and any other expenses incurred in use of the Prize.

Redemption of the Prize is subject to the terms and conditions specified on the Prize (or provided with the Prize) by the Administrator. Neither the Sponsor nor the Administrator will be liable for any part of the Prize that has been lost, stolen, forged, damaged or tampered with in any way.

The Winners acknowledge and agree, on behalf of themselves and their chosen friend, that: (i) he/she may redeem the Giveaway Prize in any manner allowed by the issuer of the Prize, and (ii) the Released Parties have no responsibility whatsoever for injuries, illness, losses, or damages of any kind that result in any way from any activities undertaken during or related to the redemption of the Prize awarded under this Giveaway. Each recipient, and his/her respective friend, successors and/or heirs release the Released Parties from any and all causes of actions that arise from such activity undertaken by recipient as part of his/her redemption of the Giveaway Prize.

No more than one (1) Prize will be awarded. Once awarded, Sponsor and Administrator shall have no further obligations with respect to any Prize.

C. Total ARV: The total approximate retail value (“ARV”) of all Prizes available in the Giveaway is $30.00 and 00/100 Dollars ($30.00).

D. General: No Prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute the Prize or a portion of the Prize of equal or greater value in case of unavailability of the Prize, force majeure or inappropriate behavior by the Winners and/or their chosen friend (as determined by Sponsor in its sole discretion). The recipient shall be solely responsible for payment of any and all applicable federal, state, and local taxes. The Released Parties shall not be held responsible for any delays in awarding the Prize for any reason. If after a good-faith attempt Sponsor is unable to award or deliver the Prize, the recipient may be disqualified, and the Prize not awarded to that recipient.

5. LIMITATION OF LIABILITY: By participating in this Giveaway, Entrants agree that the Released Parties are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable Instagram/e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Giveaway; (vii) any injury, illness or damage, whether personal or property, to Entrants’ or to any person's computer related to or resulting from participating in the Giveaway and/or accepting a Prize; or (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Released Parties are not responsible for any unanswered or undeliverable recipient notifications. The Released Parties are not responsible if any portion of the Prize cannot be awarded due to travel cancellations, delays, or interruptions due to acts of God, acts of war, natural disasters, weather, or terrorism.

By entering the Giveaway, each Entrant agrees: (i) to be bound by these Official Rules, including submission requirements; and (ii) to forever and irrevocably release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Giveaway, including, but not limited to, any Giveaway-related activity or element thereof, and the Entrant’s entries, participation or inability to participate in the Giveaway; (b) the violation of the Entrant’s privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (g) the negligence or willful misconduct by Entrant. The foregoing release and hold harmless agreement is applicable even if any of the listed claims and/or causes of action are caused, in whole or in part, by any wrongful, negligent, or unauthorized act or omission of any of the Released Parties.

If, for any reason, the Giveaway is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Giveaway and/or proceed with the Giveaway, including the selection of a recipient in a manner it deems fair and reasonable, including the selection of a recipient from among eligible entries received prior to such cancellation, termination, modification or suspension.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS GIVEAWAY, INCLUDING THE PRIZE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

6. ARBITRATION: Except where prohibited by law, as a condition of participating in this Giveaway, Entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Giveaway, or Prize(s) awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Giveaway), and Entrant further waives all rights to have damages multiplied or increased.

7. CHOICE OF LAW: Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the eligible Entrants, Sponsor and Administrator in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

8. PRIVACY: Unless otherwise specified in these Official Rules, information collected from Entrant during this Giveaway is subject to Sponsor’s Privacy Policy: http://www.danonenorthamerica.com/privacy-policy/.

9. PUBLICITY RIGHTS: By participating in this Giveaway, each Entrant agrees to allow the Sponsor and Sponsor’s designee the perpetual right to use his/her name, address (city and state), biographical information, likeness, picture and other information and content provided in connection with the Giveaway (including each Entrant’s Submission) for promotion, trade, commercial, advertising and publicity purposes in all media worldwide now existing or hereafter developed including, but not limited to, on television and the Internet, without notice, review or approval and without additional compensation, except where prohibited by law. Each Entrant agrees to confirm in writing the rights granted herein upon request of Sponsor.

10. GENERAL: This Giveaway is subject to all federal, state, and local laws and regulations. Winning the Prize is contingent upon fulfilling all requirements set forth herein. Any attempted form of participation in this Giveaway other than as described herein is void and will result in disqualification, and if such Entrant is selected as a potential recipient, revocation of the Prize. If it is discovered or suspected that a person has registered, entered or attempted to register or receive entries using multiple Instagram accounts, e-mail addresses, identities, Internet protocol (IP) addresses, or use of proxy servers or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any Prize that he/she might have been entitled to receive and such Prize may be forfeited at the Sponsor’s sole and absolute discretion. Sponsor reserves the right to disqualify and pursue all available legal remedies against any individual found, in its sole and absolute opinion, to be tampering with the operation of the Giveaway, to be acting in violation of these Official Rules, to have engaged in fraud or submission of a false or fraudulent entry, or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Giveaway. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Giveaway will void any attempted participation effected by such methods and result in the disqualification of the individual utilizing the same.

CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. 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 recipient, the winning submission will be declared made by the authorized Instagram account holder of the Instagram account/e-mail address submitted on the registration form associated with such submission. "Authorized Instagram account holder" is defined as the natural person who is assigned to an Instagram account/e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning Instagram accounts/e-mail addresses for the domain associated with the submitted Instagram account/e-mail address. Each entrant may be required to show proof of being an authorized Instagram account holder. If any provision of these Official Rules or any word, phrase, clause, sentence or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or any Prize documents will not affect the validity or enforceability of any other provision. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. In the event of any conflict with any Giveaway details contained in these Official Rules and the Giveaway details contained in any Giveaway promotional materials (including, but not limited to, social media, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Giveaway as set forth in these Official Rules shall prevail.

11. WINNER LIST: For the names of the Winners, send a self-addressed, stamped envelope to SO DELICIOUS EVERY DAY IS SUNDAE, Allison+Partners, ℅ Lucy Arnold, 475 10th Ave, 7th Floor. New York, NY 10018 to arrive before August 1, 2020.

12. SPONSOR: Danone North America, 1 Maple Ave, White Plains, NY 10605.

13. ADMINISTRATOR: Allison+Partners, 475 10th Ave, 7th Floor. New York, NY 10018.

The trademarks associated with the Prize are the property of their respective owners, who neither sponsor nor are affiliated with this Giveaway nor endorse Danone North America or its products or services in any way.