OFFICIAL TERMS & CONDITIONS FOR THE STICK OUT WITH FRIGO CHEESE HEADS PROMOTION

Transcription

1 OFFICIAL TERMS & CONDITIONS FOR THE STICK OUT WITH FRIGO CHEESE HEADS PROMOTION NO PURCHASE NECESSARY. PROMOTION ONLY AVAILABLE WHILE GIFT SUPPLIES LAST. BY PARTICIPATING IN THIS PROMOTION YOU DECLARE THAT YOU HAVE READ THE OFFICIAL TERMS & CONDITIONS BELOW AND THAT YOU FULLY AGREE TO ALL OF THESE TERMS AND CONDITIONS. DATES OF PROMOTION: The Saputo Cheese USA Inc. Stick Out With Frigo Cheese Heads Promotion (the Promotion ) starts at 12:00:01 PM Eastern Time ( ET ) on January 5, 2018, and ends at 11:59:59 PM ET on February 28, 2018, or after all gifts are awarded, whichever comes first (the Promotion Period ). There will be seven (7) giveaways (each, a Fire Drill ), during the Promotion Period. Each Fire Drill is available on a first come, first served basis and ends after the stated number of gifts have been awarded. ELIGIBILITY: Promotion is open to all legal US residents physically residing in the 50 United States and District of Columbia who are 18 years of age or older, as of the date of entry, and have reached the age of majority in the state of residence. Employees and their immediate family members (parents, children, siblings or spouse, regardless of where they live and persons living in same household, whether related or not) of Saputo Cheese USA Inc. (the Sponsor ), Prize Logic, LLC (the Administrator ), Hangar 12, their subsidiaries and affiliated companies and any other entities directly associated with this Promotion are not eligible to participate, enter or receive a gift. Void in Puerto Rico, U.S. territories, U.S. Military installations in foreign countries, and where prohibited or restricted by law. Receiving a gift is contingent upon compliance with these Official Terms & Conditions and fulfilling all requirements set forth below. Gifts will only be sent to addresses within the 50 United States and the District of Columbia. Participation from anyone who has been a prize winner in any contest or sweepstakes sponsored by the Sponsor in the twelve (12) months prior to the Promotion start date are not eligible to receive a gift. HOW TO PARTICIPATE: During the Promotion Period, Sponsor, using the Frigo Cheese Heads page on Facebook handle on Instagram, will announce an active Fire Drill, including the Promotion website address ( Website ) where eligible participants can participate in the Promotion (each a Fire Drill Alert ). To participate, participants must visit the Website and enter his/her address. If gift supplies still remain for the active Fire Drill, eligible participants will then be prompted to complete a request form which may include: his/her complete first and last name (no initials), complete U.S. street address (no P.O. Box), city, state, ZIP Code, daytime telephone number, date of birth, and agreement to these Official Terms & Conditions in the spaces provided ( Entry Form ). After completing the Entry Form, participant will be notified if he/she is a potential gift recipient. All applicable Facebook and/or Instagram terms apply. This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. You must complete the entire Entry Form in order to successfully register for a gift. No correspondence regarding Entry Forms will be acknowledged or answered. Once gift supplies for a Fire Drill are exhausted, notice will be posted on the Website. Each gift recipient will be considered a Page 1 of 5

2 potential gift recipient, subject to Sponsor s verification of the potential gift recipient s compliance with these Official Terms & Conditions. LIMIT ON GIFTS: Please respect the following limit or your gift may be disqualified: one (1) gift per person/ during the entire Promotion Period. If more than one (1) gift request is received from the same person or during the entire Promotion Period, only the first gift request received will be considered valid. MOBILE DEVICES: If you participate via a smart phone or other mobile device, Message and Data Rates may apply. Not all cellular service providers offer the service necessary to participate in this Promotion through a mobile device. Please check with your provider for specific capabilities, charges and pricing plans. GIFTS: The following gifts will be made available during the Promotion Period: Fire Drill Gift Description Quantity Approximate Retail Value 1 Frigo Cheese Heads -branded POP sockets 200 $ Free Frigo Cheese Heads -Product* 200 $ Frigo Cheese Heads -branded Bluetooth Speaker 100 $ Frigo Cheese Heads --branded POP sockets 200 $ Free Frigo Cheese Heads --branded Product 200 $ Frigo Cheese Heads -branded Kronies ear buds 100 $ Frigo Cheese Heads -branded POP sockets 200 $4.41 *Free Frigo Cheese Heads Product awarded as free product coupons, up to $6 value. Limit one coupon per purchase. Void if copied, sold, exchanged or transferred. Consumer is responsible for any sales tax. Gifts are available on a first come, first served basis. All gifts are subject to availability and other restrictions. Gifts are non-transferable and no cash redemption or substitution allowed, except at Sponsor s sole and absolute discretion. Sponsor reserves the right at any time to substitute a gift or a component thereof for any reason with a gift or a gift component of equal or greater value, including, without limitation, at the Sponsor s sole discretion, a cash award. All expenses not specifically mentioned as part of a gift are solely the responsibility of the gift recipient. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING GIFT COMPONENTS, ARE 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. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions. Page 2 of 5

3 NOTIFICATION: The potential gift recipients will be notified via at the address provided on the Entry Form within approximately twenty-four (24) hours after the successful submission of his/her Entry Form. Upon verification of eligibility, each gift will be delivered to the gift recipient at the address provided on the Entry Form. If a potential gift recipient (i) is found to be ineligible, (ii) is not in compliance with these Official Terms & Conditions, (iii) declines to accept the gift, or if the gift is returned as undeliverable, the gift will be forfeited. Gifts not claimed due to failure of eligibility verification or other reasons beyond the reasonable control of Sponsor will be forfeited and not be made available at a later date. All gifts will be delivered to the address provided. Delivery times may vary. Sponsor is not responsible for a gift recipient s privacy or spam filter settings which may divert any Promotion , including the gift notification to a spam or junk folder TO CLAIM PRIZE: Upon verification of eligibility, each gift will be delivered to the gift recipient at the address provided on the Entry Form. If a potential gift recipient is found to be ineligible; is not in compliance with these Official Terms & Conditions; declines to accept the gift; or if the gift is returned as undeliverable, the gift will be forfeited. Gifts not claimed due to failure of eligibility verification or other reasons beyond the reasonable control of Sponsor will be forfeited and not be made available at a later date.. Sponsor will attempt to notify the potential gift recipients as set forth above, but Sponsor is not responsible for any undelivered s, including without limitation s that are not received because of a gift recipient s privacy or spam filter settings which may divert any Promotion , including any gift notification , to a spam or junk folder. Each gift will only be provided to a verified gift recipient. Gifts will be mailed to gift recipients at the address provided on the Entry Form within 6-8 weeks after gift recipient verification. If, after a good-faith attempt, Sponsor is unable to deliver a gift, the gift may not be re-awarded. In no event will more than the stated number of gifts be available and awarded. In the event that, due to technical, typographical, mechanical or other errors, there are more eligible gift recipients than the number of gifts stated in these Official Terms & Conditions for any Fire Drill, the intended number of gifts for that Fire Drill will be given away in the order in which the eligible requests were received, as determined by Sponsor in its sole discretion. If for any reason, including but not limited to an administrative, printing, production, computer or other error or due to technical difficulties or incorrect announcements of any kind, more than the stated number of gifts for any Fire Drill are claimed, the intended number of gifts for that Fire Drill will be awarded in the order in which the verified requests were received. ALL FEDERAL, STATE AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF A GIFT ARE SOLELY THE RESPONSIBILITY OF EACH GIFT RECIPIENT. GENERAL RULES OF PARTICIPATION: No purchase necessary to participate in the Promotion or receive a gift. This Promotion is subject to all applicable federal, state, local and municipal laws. By participating, you agree to be bound by these Official Terms & Conditions and the decisions of the Sponsor, and waive Page 3 of 5

4 any right to claim ambiguity in these Official Terms & Conditions. Sponsor is not responsible for lost, late, misdirected, undeliverable or incomplete Entry Forms. Sponsor reserves the right to disqualify any participant that Sponsor determines, in its sole discretion, violates these Official Terms & Conditions. Sponsor reserves the right, in its sole discretion, to cancel, terminate, suspend and/or modify the Promotion, or any part of it, at any time, without notice. If for any reason this Promotion is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion, or any part of it, and award gifts from valid gift requests received up to the termination or suspension date. In the event of a dispute regarding the identity of an individual who actually submitted an Entry Form, the Entry Form will be deemed submitted by the Authorized Account Holder of the account provided in the Entry Form. "Authorized Account Holder" is defined as the natural person who is assigned to an e- mail account by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning addresses for the domain associated with the submitted address. Potential gift recipients may be required to show proof of being the Authorized Account Holder. CAUTION: ANY ATTEMPT BY ANY PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. INTERNET LIMITATIONS OF LIABILITY: Sponsor is not responsible for: failures or malfunctions of phones, tablets, computers or other hardware or devices (each a Device ); phone lines, cellular systems or telephone or data transmission systems; interrupted or unavailable networks, server or other connections; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet; or any technical problem, including but not limited to any injury or damage to any person's Device related to or resulting from Promotion participation. NO LIABILITY; RELEASE AND INDEMNIFICATION: By participating, participants and gift recipients agree to release, discharge, indemnify and hold harmless the Sponsor and Administrator and their respective subsidiaries and affiliated companies, contractors, distributors, sales representatives, vendors, advertising and promotion agencies, prize providers and any other entities directly associated with this Promotion, and each of their respective officers, directors, employees, representatives and agents (collectively, the Released Parties ) from and against any claims made by participants, or by any third parties, related in any way to the operation of this Promotion, as well as any other claims, damages, charges, fines or liability due to any injuries, damages or losses to any person (including death) or property of any kind, or any claims of violation of rights of publicity or privacy, defamation or portrayal in a false light, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a gift or participation Page 4 of 5

5 in this Promotion or in any Promotion-related activity. The Released Parties shall have no liability for any problems or errors of any kind whether computer, network, mechanical, human, electronic, typographical, printing or otherwise relating to or in connection with the Promotion. DISPUTES: THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF ILLINOIS, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN COOK COUNTY, ILLINOIS. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. PARTICIPANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY PARTICIPANT AND/OR RELEASED PARTIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE PROMOTION PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED. FACEBOOK/INSTAGRAM: This Promotion is in no way sponsored, endorsed or administered by or associated with Facebook or Instagram. The participants understand that they are providing information to the Sponsor and not to Facebook or Instagram. Facebook and Instagram are each completely released of all liability by each entrant in this Promotion. Any questions, comments or complaints regarding the Promotion must be directed to the Sponsor and not Facebook or Instagram. PUBLICITY RELEASE: Each gift recipient consents to the use of his/her name, likeness, biographical information, and voice for promotional purposes and in advertising worldwide without approval rights or additional compensation, except where prohibited by law (TN residents will not be required to sign a publicity release as a condition of receiving a gift). OFFICIAL TERMS & CONDITIONS REQUEST: To request a copy of the Official Terms & Conditions, please send a self-addressed, stamped business size envelope by May 1, 2018 to: Stick Out With Frigo Cheese Heads Promotion Terms & Conditions Request, Saputo Cheese USA Inc., One Overlook Point, Suite 300, Lincolnshire Corporate Center, Lincolnshire, IL SPONSOR: Promotion is sponsored by Saputo Cheese USA Inc., One Overlook Point, Suite 300, Lincolnshire Corporate Center, Lincolnshire, IL Sponsor is solely responsible for all aspects of this Promotion. PRIVACY NOTICE: Personal information collected during the Promotion may be used or disclosed by Sponsor and its affiliates as stated in these Official Terms & Conditions, for purposes of Promotion administration, winner identification and qualification, winner notification and gift award, and otherwise as described in our Privacy Policy available at Saputo Cheese USA Inc. All rights reserved. Frigo, Cheese Heads and all related indicia are registered or common law trademarks used by Saputo Cheese USA Inc. Page 5 of 5