NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
- SPONSOR: Oregon Dairy (“Sponsor”), located at 2900 Oregon Pike, Lititz, PA 17543
- ELIGIBILITY: SWEEPSTAKES ENTRANTS MUST BE LEGAL RESIDENTS OF ONE (1) OF THE FIFTY (50) UNITED STATES, THE DISTRICT OF COLUMBIA AND PUERTO RICO WHO ARE THE AGE OF THE MAJORITY WITHIN THE JURISDICTION FROM WHICH THEY RESIDE ON THE DATE OF ENTRY TO BE ELIGIBLE. VOID OUTSIDE THE UNITED STATES, PUERTO RICO AND WHERE OTHERWISE PROHIBITED BY LAW. You may enter this Sweepstakes only as a natural person. Employees of Sponsor and its respective affiliates, agents, officers, employees, subsidiaries, vendors, advertising and promotion fulfillment and/or judging agencies (collectively, the “Related Entities”), and the family members of each are not eligible to enter or win a prize in the Sweepstakes. For purposes of this paragraph, “family member” means a spouse, parent, sibling, child, son-in-law, daughter-in-law and all lineal descendants, including those by adoption. Sweepstakes subject to all applicable federal, state, and local laws and regulations.
- SWEEPSTAKES PERIOD: The “Holiday Moola Giveback” (the “Giveaway”) begins at 12:01 AM Eastern Daylight Savings Time (“EDT”) on October 1, 2019 and ends at 11:59:59 PM EDT on November 30, 2019 (hereinafter, the “Sweepstakes Period”).
- HOW TO ENTER: To enter for the Grand Prize, go to Oregon Dairy’s Facebook Page Giveaway Entry Form and complete and submit an Official Online Entry or by visiting Oregon Dairy and using your Gold Card on any purchase in-store. To submit an online Entry, entrants will be required to submit their complete name and a valid email address. Limit one (1) Grand Prize Entry per email address during the Entry Period. For purposes of these Official Rules, the “Entry Period” is defined as between 12:01 AM Eastern Daylight Savings Time (“EDT”) on October 1, 2019, and ends at 11:59:59 PM EDT on November 30, 2019. Duplicate Entries or multiple Entries made by an entrant in excess of the number allowed will be disqualified. Use of robotic, automatic, or macro devices is not valid for Entry. Any Entry that is submitted with the use of a robotic, automated or macro device will be void. 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. If you enter this Sweepstakes via your wireless phone/smartphone, your wireless service provider may charge for each 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. By submitting an Entry, entrant agrees to abide by the terms of these Official Rules and the Sponsor’s Privacy Policy. Five (5) Weekly First Prizes winners will be randomly chose to win one (1) ten dollar ($10) Oregon Dairy Gift Card. Four (4) of the weekly First Prizes will be handed out to randomly chosen in-store shoppers at Oregon Dairy, located at 2900 Oregon Pike, Lititz, PA 17543. These winners are chosen at random by a representative of the Giveaway Sponsor. There is no limit to number of times an individual or household can win the weekly First Prizes. One (1) of the weekly First Prize will be awarded to a randomly selected Facebook fan and announced on the Facebook page.
- SELECTION OF WINNERS/RANDOM DRAWING: Two (2) Grand Prize Winning Entries will be selected in a random drawing from among all eligible Entries received. The Random Drawing will be conducted on or about November 5, 2019, and December 5, 2019, by Sponsor. Odds of winning depend upon the number of eligible Entries received. Potential Grand Prize Winners will be notified via the email address submitted at the time of Entry. Grand Prize Winners will be required to complete, sign and return an Affidavit of Eligibility and Liability and (where permissible) Publicity Release Form within five (5) business days from attempted date of notification to claim a prize. Fourty-five (45) First Prize winners will be randomly selected from in-store patrons/shoppers and Facebook Followers. Through November 30, 2019, four (4) First Prize winners will be randomly selected from in-store patrons at Oregon Dairy and one (1) winner selected from Followers or Oregon Dairy’s Facebook page. First Prize Winners will be required to complete, sign and return a Prize Verification and (where permissible) Publicity Release Form within five (5) business days from attempted date of notification to claim a prize. If a First Prize Winner or Grand Prize Winner is (i) disqualified, (ii) a Prize Winner notification and/or prize is returned as undeliverable, (iii) a signed Affidavit of Eligibility and Liability and Publicity Release or a signed Prize Verification and Publicity Release is not received by Sponsor in a timely manner, (iv) a prize winner is ineligible, or (v) a prize winner declines his/her prize, that prize winner will be disqualified and that prize will be awarded to an alternate winner selected in a Random Drawing from among all remaining eligible Entries received during the Giveaway Period. Sponsor is not responsible for fraudulent calls or emails made to entrants not by Sponsor, or for any change of entrant’s email or mailing address.
- PRIZES AND THEIR CORRESPONDING ACTUAL RETAIL VALUES (“ARV”): TWO (2) GRAND PRIZES: Two (2) Winners will receive one (1) five hundred dollar ($500) Oregon Dairy Gift Card, subject to availability and at the Sponsor’s discretion. ARV of Grand Prize: $500; and (45) FIRST PRIZES: Forty-five (45) Winners will each receive one (1) ten dollar ($10) Oregon Dairy Gift Card, subject to availability and at the Sponsor’s sole discretion. ARV of each First Prize: $10. TOTAL ARV OF ALL PRIZES: $1,450. Oregon Dairy Gift Cards are subject to terms and conditions thereon. Sponsor not responsible for lost or stolen Gift Card. Limit one (1) Grand Prize per household. Grand Prize Winners and each First Prize Winner will be solely responsible for any and all federal, state, and local taxes on the prize, as well as any and all expenses that may be associated with the acceptance and use of the prize. No cash substitution, assignment, or transfer of any prize is permitted. If an advertised prize cannot be awarded due to circumstances beyond Sponsor’s reasonable control, a substitute prize of equal or greater value may be awarded in Sponsor’s sole discretion.
- RELEASE: By receipt of a Prize, each Prize Winner agrees to release and hold harmless Sponsor, and the Related Entities from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
- PUBLICITY: Except where prohibited, participation in the Sweepstakes constitutes a winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown, and state submitted (if any) for promotional purposes in any media now known or hereinafter developed, worldwide, without further payment or consideration. Winners’ names and likenesses may be published on the Sponsor’s website, in Sponsor’s sole discretion.
- GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor 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 Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- LIMITATIONS OF LIABILITY: The Released Entities 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 Sweepstakes; (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 Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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 Sweepstakes 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 Sweepstakes, if it is possible. If the Sweepstakes, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
- BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Pennsylvania law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deem necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
- GOVERNING LAW & JURISDICTION: The Official Rules and the Sweepstakes are governed by U.S. law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Pennsylvania, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Pennsylvania, in the City of Harrisburg.
- ENTRANT’S PERSONAL INFORMATION: Information collected from entrants is subject to Sponsor’s Privacy Policy found at http://www.oregondairy.com/privacy-policy/.
- WINNERS LIST/OFFICIAL RULES: To obtain the names of the prize winners (available after December 5, 2019), or a copy of the Official Rules, send a self-addressed, stamped #10 envelope to be received by December 30, 2019, to: Oregon Dairy (“Sponsor”), located at 2900 Oregon Pike, Lititz, PA 17543. Please specify “Official Rules” or “Winners List” on the outer envelope.
