Share The Love Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. PARTICIPATION IN THIS CONTEST REQUIRES A CONTESTANT TO HAVE ACCESS TO AN INTERNET SERVICE. PARTICIPATION CONSTITUTES PARTICIPANT'S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE OFFICIAL RULES. VOID WHERE PROHIBITED.
I. CONTEST PERIOD: The Yogurtland Share The Love Contest (the "Contest" or "Promotion") begins 12:00 a.m. Pacific Standard Time ("PST"), April 18, 2017 ("Start Date"), and ends 11:59:59 p.m. PT April 30, 2017 (the "Contest Entry Period" or "Contest Period"). The Website server's clock is the official clock for this Promotion. The Contest is sponsored by Yogurtland Franchising, Inc. (the "Sponsor" and "Prize Supplier").
II. ELIGIBILITY: The Contest is open solely to legal residents of the fifty (50) states in the United States and the District of Columbia, who are eighteen (18) years of age or older (exceptions-must be 19 years of age or older for those that reside in the states of Alabama and 21 years of age or older in state of Mississippi) as of the Start Date. To participate in the Contest, an individual must have Internet access and a Facebook account. Becoming a Facebook member is free. If you are not a Facebook member, and would like to become one, visit www.facebook.com. Officers, members, directors and employees of the Sponsor, and any of their respective parent companies, affiliated companies, subsidiaries, dealers, franchisees, licensees, distributors, suppliers, subsidiaries, participating retailers, advertising / promotion / judging agencies, persons engaged in the development, production or distribution of materials for this Contest (collectively, the "Released Entities") and the immediate family members (defined as spouse, parents, grandparents, children, grandchildren, siblings, whether biological, adopted, step or in-law) of such individuals, or persons living in the same household as such individuals (whether related or not), are not eligible to participate in the Contest. The Contest is subject to all applicable federal, state, and local laws and regulations. Participation constitutes Participant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, and where prohibited, taxed, or restricted by law.
III. HOW TO PARTICIPATE IN THE CONTEST: The Sponsor of the Contest is inviting their customers via a Yogurtland announcement post ("Announcement Post") to visit a favorite Yogurtland store location and take a photo ("Photo") of themselves, alone or with a partner, with friends or family members and write a short story ("Story") as to why they "love" that Yogurtland store location. The Photo and Story (collectively, the "Submission") must address the theme Share The Love ("Theme"). Customers are encouraged to be creative and have fun with their Submission. The images should be photographed in the moment. By creating a Submission an eligible customer will be deemed a Contestant ("Contestant" or "you")
In the Announcement Post, under the Comments section, log on to Yogurtland's Facebook page at https://www.facebook.com/yogurtland/ (the "Website") and follow the prompts to upload your Submission. This is a Contest and each Submission will be judged based on criteria as specified in Section V of these rules. If a Photo includes the image of a child under the age of 13, the Photo must also include an image of his/her parent/legal guardian.
By uploading a Submission, each Contestant certifies they have read and agree with these Official Rules. The Contestant is responsible for all costs associated with uploading the Submission. The Photo must conform to the formats/file size specified (.gif, .jpg or .png) and the Story must not exceed 250 words. In addition, each Contestant must confirm that they are 18 years of age or older and certify they have read and agree with these Official Rules via check box. Limit one (1) Submission Entry ("Entry (ies)") per person, Facebook account and/or per e-mail address during the Entry Period. All Submissions must be received during the Entry Period. All required information must be completed to enter and to be eligible to win. Incomplete Entries will be disqualified. Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of an Entry. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, but not limited to, commercial Contest subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest. The use of automated entry devices is prohibited and no mechanically reproduced Entries are allowed; all such Entries are void. Released Entities are not responsible for: lost, late, incomplete, illegible, incorrect, delayed, garbled, undelivered, or misdirected Entries. Sponsor reserves the right to disqualify any person or e-mail address that submits more than maximum number of Entries. All Entries become the exclusive property of the Sponsor and will not be acknowledged or returned. Sponsor will be reviewing all Submissions.
The person uploading the Submission will be deemed the Contestant. The Contestant is the one (1) person who owns the e-mail address associated with the Submission. If any group elects to collaborate on a Submission, they are required to designate one (1) person as the agent of the group to enter the Contest, agree to these rules and accept the prize on behalf of the group. Neither Sponsors nor any of the Release Entities are liable for any disputes between collaborators arising under or related to the Contest.
IV. SUBMISSION RIGHTS AND REQUIREMENTS: By entering this Promotion, Contestants agree that each Submission entry becomes the property of Sponsor and that the Sponsor may use such Submission for any proper purpose. Any personally identifiable information collected during an Contestant's participation in this Promotion will be collected by Sponsor and used by Sponsor, Administrator, their respective affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Promotion as described in these Official Rules.
Each Submission, and the components thereof, must be the original work of the Contestant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity and must have been created in a legal and safe manner. If the Submission contains any material or elements that are not owned by the Contestant and/or are subject to the rights of third parties, the Contestant is responsible for obtaining, prior to uploading the Submission, any and all releases and consents necessary to permit the use and exhibition of the Submission and all of the components thereof by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person who appears in or is identifiable in the Submission, and permission to reproduce, distribute, publicly display or otherwise use the Submission (collectively, the "Clearances"). By submitting a Submission, Contestant warrants, represents and consents to the submission and use of the Submission in the Contest, and to its posting on the Internet in connection with the Contest.
Submission entries may not contain any of the following: i) Materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Contestant or for which the Contestant has not obtained owner's permission to use; ii) Materials which contain identifiable commercial product brands; iii) Materials which contain clothing items bearing designer insignia, logos, profanities, or bearing the name or likeness of any celebrity, living or dead; iv) Materials which contain phone numbers, website links, street addresses, e-mail addresses or license plate numbers; v) Materials which contain profanities, vulgar language, lewd behavior, or are otherwise obscene or inappropriate for a general audience; vi) Materials which contain any depiction of real or simulated sexual acts; vii) Materials which contain extensive or gratuitous violence; viii) Materials which discuss illegal acts; ix) Materials which contain unsafe actions, or use of fire that may result in personal injury or destruction of property; x) Materials which violate anyone's privacy rights, violate any confidentiality or employment agreement, or which are defamatory; xi) Materials which are derogatory to Sponsor, or any affiliated entity or person; xii) Materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; xiii) Materials in which any person identifiably appears where no appropriate written release has been obtained from such person granting all rights required herein; xiv) Materials which contain any computer virus, worm or other harmful computer programming; xv) Materials which do not comport with the Entry requirements; and xvi) Materials which Sponsor, in its sole discretion, deems to be otherwise objectionable. Entries which do not conform to these guidelines will be disqualified. Sponsor further reserves the right, in its sole and unfettered discretion, to verify at any time during the Contest that all necessary Clearances have been obtained and to disqualify and remove any Submission if it believes that the necessary Clearances have not been obtained.
Submission Entries not meeting all of the following minimum requirements will be disqualified:
- Each Submission must address the theme "share the love"
- Each Story Submission must be 250 words or less.
- Each Submission must not, in the sole and unfettered judgment of the Sponsor, contain any sexually explicit, disparaging, libelous or other inappropriate content or any act that is considered dangerous.
- Each Submission must not contain any (i) trademarks of any person or entity other than Sponsor; or (ii) any logos, depictions, designs, or other content in which the entrant does not hold the copyright or a license there under.
By submitting an Entry, Contestant warrants that the Submission (1.) does not infringe any copyright, (2.) does not invade anyone's privacy, (3.) does not libel or slander anyone, (4.) does not contain behavior inappropriate for a general audience, and (5.) is original and has not previously been published. An original is the product of one's own mind and is not a copy or imitation. Sponsor reserves the right to delete any inappropriate content from a Submission without disqualifying the Entry where, in Sponsor's determination, such change does not materially alter the Submission and the Contestant has otherwise attempted in good faith to comply with these Rules. Sponsor may post or not post any Submission on their Facebook page or in any other form of communication. All Submissions will be visible on Facebook, underneath the Contest post and in the Comments section.
IMPORTANT: Be sure to save a copy of your Submission on your phone and or computer. If you are a winner, you may need to provide Sponsor with your Submission in order for the Submission to be valid. The Sponsor assumes no responsibility for lost, late, misdirected or damaged Submissions, including Submissions that may be delayed in transmission. No incomplete, illegible or otherwise invalid Submissions will be accepted. This Contest may be cancelled in the event an insufficient number of qualified Submissions are received that meet the minimum standards established by the Judges. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Contestants.
V. JUDGING AND CONTEST WINNER DETERMINATION AND ODDS: On or about ten days from Contest End Date, all eligible Submissions will be reviewed by a panel of qualified judges ("Judges") selected by Sponsor. Each Submission will be judged according to the following weighted criteria: 1) Originality of Story (defined as: An ability to convey relevancy to the Share The Love theme (50%); 2.) Overall Content Impact and Appeal (defined as: How personal is the Story (25%); 3) Quality of the photograph in a Yogurtland store location (defined as: Imaging excellence (25%).
The Submission with the highest score from the Judges using the weighted criteria will determine the Grand Prize Winner. The Submissions with the next highest Judges' scores will determine the First Prize Winner. In the event of a tie, the Submissions will be re-evaluated by a third Judge, using the criteria as stated above. Decision of the Judges is final and binding on all matters relating to this Contest. By entering this Contest, you agree to abide by the decisions of the Judges in relation to this Contest. The odds of winning depend on the number of eligible Entries received.
Each respective Winner ("Winner(s)") will be messaged via Sponsor's Facebook page on or about two (2) days from Contest End Date and required to respond to notification message within forty-eight hours or the Prize will be forfeited and the next potential Winner, based on the next highest scored number will be contacted. Upon receipt of a Winner's information the Contest Administrator will contact and verify the one (1) potential Grand Prize Winner and the one (1) potential First Prize Winner. Winners are subject to verification of eligibility, compliance with these Official Rules and completion of prize release forms.
VI. PRIZES ("Prize(s)"):
- One (1) Grand Prize Winner will receive a $100 Yogurtland Gift Card.
- One (1) First Prize Winner will receive a $50 Yogurtland Gift Card.
Total Prize Pool: $150.00. Terms and conditions of Gift Cards apply.
VII. PRIZE TERMS AND CONDITIONS: All federal, state and local laws and regulations apply. The value of the Prize may be taxable as income and the potential Winners are solely responsible for all matters relating to the Prizes, including, but not limited to all applicable federal, state and local taxes that become due with respect to the Prizes. A Winner is not eligible to receive a Prize until final Submission has been judged as the potential winning Submission in the Contest, and the potential Winner has been verified in accordance with these Official Rules, and the Winner has fully complied with these Official Rules. Failure to comply with these Official Rules may result in disqualification from the Contest. A Winner's acceptance of the Prize offered constitutes permission (except where prohibited) for the Sponsor to use said Winner's name, photograph, likeness, statements, biographical information, voice and address (city and state), in all forms of media, in perpetuity, without notice or further compensation. Winner agrees to be bound by these Official Rules and by the decisions of the Sponsor, which are final and binding in all respects. The Sponsor and Released Parties have not made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any prize awarded and specifically disclaim all such warranties, including, without limitation, any warranty of merchantability or fitness for a particular purpose. The Prize is awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND either expressed or implied. A Prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, or redeemable for cash except in Sponsor's sole discretion. Prize details and availability are subject to change. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right at its sole discretion to substitute any Prize (or Prize component) with another Prize (or Prize component) of equal or greater value. Administrator is not the supplier or guarantor of any Prize. Prizes may be fulfilled by a third party. The Sponsor and Released Entities are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this Contest.
VIII. LIMITATIONS OF LIABLILTY: If for any reason, this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Contest, the Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the Entry process (if applicable), and to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award the Prize using all non-suspect eligible Submissions received as of the termination/suspension date. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. The Sponsor also is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure or delay of any email or Submission to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof. Sponsor is not responsible for any damage to a Contestant's system, which is occasioned by participating in this Contest or by downloading any information necessary to participate in the promotion. Sponsor also is not responsible for incorrect or inaccurate Entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error, which may occur in the processing of the Entries in the Contest. If any provisions of the Official Contest Rules are determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND 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.
X. LICENSE/USAGE: By providing a Submission, each Contestant grants Sponsor a royalty-free, irrevocable, perpetual license to use, reproduce, modify, publicly perform, distribute, display, publish, create derivative works from, sublicense or otherwise commercially and non-commercially use the Submission in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including but not limited to on any and all Internet media, including the Site, Sponsor's other web sites and properties and on social networking sites (i.e., Instagram, Facebook, YouTube, Twitter, etc.) and any other third party websites, as well as in any other media, such as banner ads, TV commercials, and billboards, without payment, compensation or further notification to or permission from Contestant, for any legal purpose whatsoever. Submissions may be cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Sponsor's sole and absolute discretion. In addition, by submitting, Contestants agree to the use of their names, likenesses, biographical information, Submissions and/or statements for purposes of advertising, trade, or promotion without further compensation, unless prohibited by law.
XI. RELEASES: All Contestants, as a condition of participation in the Contest, agree to indemnify, release and hold harmless Released Entities from and all liability, claims, damages, injuries or actions of any kind whatsoever to persons or property which may be sustained in connection with: (a) participating in any aspect of the Contest; or (b) the receipt, ownership, possession, use or misuse of any Prize awarded.
XII. DISPUTES: Except where prohibited, as a condition of participating in this Contest, Contestants agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of, or connected with this Contest, or any prizes awarded, or the determination of Winner shall be resolved individually (without resort to any form of class action and with the understanding and agreement that these Official Contest Rules shall apply), and shall be submitted to arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will Contestant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Contestant's actual out-of-pocket expenses (e.g., costs associated with entering this Contest), and Contestant further waives all rights to have damages multiplied or increased. The arbitration shall be conducted in the State of California, in the City of Irvine, County of Orange, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. In the event that arbitration is prohibited, in a particular state/territory then any such claim shall be brought and maintained in the federal or state courts of the State of California, in the City of Irvine, County of Orange. Any dispute or claim arising out of the Entry of this Contest, or any disputes with site users which arise as a result of the use of this website, shall be governed by the laws of the State of California, without respect to conflicts of laws principles.
XIII. WINNERS LIST/OFFICIAL CONTEST RULES REQUEST: For the names and city/state of residence of Winner or a copy of these Official Contest Rules, send a request specifying a copy of the Winner List or Official Contest Rules along with a self-addressed, stamped envelope postmarked six (6) weeks from End Date. Mail to: Compliance/Yogurtland Share The Love Contest Winners List, PO Box 468, Stonington, CT 06378.
XIV. SPONSOR: Yogurtland Franchising, Inc., 17801 Cartwright Road, Irvine, CA 92614
XV. CONTEST ADMINISTRATOR: Compliance Sweepstakes Services LLC, PO Box 468. Stonington, CT 06378.