OFFICIAL RULES: BORDEN CHEESE LOVERS DAY GIVEAWAY #2
NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.
OPEN ONLY TO LEGAL RESIDENTS OF the United States WHO ARE 18 YEARS AND OLDER AT THE TIME OF ENTRY.
The “Sweepstakes” is sponsored by Dairy Farmers of America, Inc., 1405 N 98th Street, Kansas City, KS 66111 (“Sponsor”).
ENTRY PERIOD: Borden Cheese’s Sweepstakes (The “Sweepstakes”) begins on January 20, 2023 at 8:00:00 AM Central Time and ends on February 14, 2023 at 11:59:59 PM Central Time (“Entry Period”).
ELIGIBILITY: This Sweepstakes is offered only to legal residents of the United States of America who are eighteen (18) years and older at the time of entry. Employees of Sponsor, and each of their respective parent companies, subsidiaries and affiliates, distributors, and companies involved in the implementation and execution of the Sweepstakes (“Sweepstakes Entities”) and each of their respective immediate family members (i.e., spouse, parent, child, sibling and the “steps” of each) and persons living in the same household of each are not eligible to participate in the Sweepstakes. Void where prohibited or restricted by law. By participating in this Sweepstakes, an entrant agrees to be bound by these Official Rules and that the decisions of Sponsor shall be final and binding in all matters pertaining to the Sweepstakes. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor.
HOW TO ENTER THE SWEEPSTAKES: During the Entry Period you may enter this Sweepstakes by using one of the following means of entry set forth below.
Entry: Entrants can enter on either Facebook or Instagram, but not both. During the Entry Period, one (1) entry is received into the Sweepstakes (an “Initial Entry”) when the entrant, during the entry period, follows the Borden Cheese Instagram OR Facebook account, “likes” the post pertaining to the Sweepstakes, and posts a comment (on either the Facebook or Instagram Sweepstakes post), commenting on their favorite dish containing cheese. Any attempts by an entrant to defraud or game this entry system will result in such entrant being disqualified. Each Entry will be deemed submitted by the Authorized Account Holder (as defined below) of the social media account submitted with the Entry.
SELECTION OF SWEEPSTAKES WINNER: Three (3) total potential prize winners will be selected at random from all eligible Entries (on both Facebook and Instagram combined) received during the Entry Period on about February 15, 2023 at Sponsor’s agency’s office in Minnetonka, MN. Winner will not be present for the drawing. Odds of winning will depend on the number of eligible Entries received. The randomized drawing will assign a number to each comment starting with #1 on Facebook, and picking up on Instagram after the last Facebook comment is counted.
The winners are considered potential winners, subject to verification and compliance with these Official Rules.
Entries will only be judged on adherence to the aforementioned rules.
One (1) First prize winner will receive the following:
A prize package with Approximate Retail Value (“ARV”) of $500 featuring a variety of Borden Cheese, 1 Borden-branded pizza cutter, 1 Borden-branded cutting board, 1 Borden-branded spatula.
One (1) Second prize winner will receive the following:
A prize package with ARV of $250 featuring a variety of Borden Cheese, 1 Borden-branded pizza cutter, 1 Borden-branded cutting board, 1 Borden-branded spatula.
One (1) Third prize winner will receive the following:
A prize package with ARV of $100 featuring a variety of Borden Cheese, 1 Borden-branded pizza cutter, 1 Borden-branded cutting board, 1 Borden-branded spatula.
Prize Conditions: In no event will more prizes than are stated in these Official Rules be awarded. If, for any reason, more prize notifications are sent (or more claims are received), Sponsor reserves the right to award the Prize in a random drawing from among all prize claims received. The right to receive the Prize is non-assignable and non-transferable and no Prize substitution, exchange, or cash equivalent will be allowed, except by Sponsor who reserves the right to substitute a prize of equal or greater value in case of unavailability of the Prize or force majeure. No substitutions, cash equivalents, or transfers of the Prize are permitted by a winner. The Sweepstakes Entities shall not be responsible for any inability of a winner to accept or use any portion of the Prize for any reason. Federal, state, and local taxes are solely the responsibility of each winner. All other costs and expenses not expressly set forth herein shall be solely each winner’s responsibility.
HOW TO CLAIM THE PRIZE: Three prize winners will be notified via comment from Borden Cheese on Instagram and/or Facebook – depending on which randomized numbers are drawn – and asked to respond within 48 hours via a direct message to Borden Cheese with their full name, email address, date of birth, and mailing address. The potential winner is subject to verification of eligibility and compliance with these Official Rules. Before being declared a verified Prize winner, the potential Prize winner MAY be required to complete, sign, and return a notarized Affidavit of Eligibility/Liability & Publicity Release (where legal) and a tax acknowledgement form (collectively, the “Affidavit”) within seven (7) calendar days from the date it is postmarked as being e-mailed to the potential winner by the Sponsor. If the potential winner is found to be ineligible or not in compliance with these Official Rules or declines to accept the Prize, Sponsor is unable to contact the potential winner, or the Prize notification or any Prize component is returned undeliverable, the Prize will be forfeited, and in the Sponsor’s sole discretion, the forfeited Prize may be awarded to an alternate prize winner. If the Sponsor wishes to select an alternative potential prize winner, it will select this alternative potential prize winner at random from the pool of remaining eligible Entries received for the applicable Entry Period. Upon verification of eligibility, the Prize will be mailed to the winner at the physical address (P.O. Boxes are not permitted) provided. Please allow 3-5 weeks for delivery. The Sweepstakes Entities shall not be held responsible for any delays in providing the Prize for any reason. If, after a good-faith attempt, Sponsor is unable to provide or deliver the Prize, the Prize may not be awarded. The Prize is not transferable. The Prize will only be provided to the verified winner. If the first-selected winner cannot be awarded the prizes, the entities will select a replacement winner using the same objective, randomized process that was used to select the first winner.
ALL FEDERAL, STATE AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF THE PRIZE ARE SOLELY THE RESPONSIBILITY OF THE WINNER.
LIMITATION OF LIABILITY: By participating in this Sweepstakes, entrants agree the Sweepstakes Entities and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable e-mail notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/website/UseNet accessibility, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or inaccurate capture of Sweepstakes-related information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to any Sweepstakes-related website(s). Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Sweepstakes and/or accepting a prize. Released Parties shall not be responsible or liable for Entries entered by any automated computer, program, mechanism or device; for any Entries in excess of the stated limit; or for Entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such Entries will, at Sponsor’s sole discretion, be disqualified.
If for any reason, Sponsor believes the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of the winners in a manner it deems fair and reasonable. Notice of such cancelation, termination, or modification of the Sweepstakes shall be posted on the brand-owned Instagram page and Facebook page, respectively. This Sweepstakes is subject to all federal, state, and local laws and regulations.
By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iv) to forever and irrevocably agree to release, defend, indemnify 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 outside attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant’s Entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) typographical or printing errors in these Official Rules or any Sweepstakes materials; (d) acceptance, receipt, delivery of, possession, defects in, use, nonuse, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of the Prize (or any component thereof); (e) change in the Prize (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including, but not limited to, acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules; (f) any interruptions in or postponement, cancellation or modification of the Sweepstakes; (g) human error; (h) incorrect or inaccurate transcription, receipt or transmission of an entry; (i) any technical malfunctions or unavailability of any social media platform or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant; and (j) interruption or inability to access the Sweepstakes, the Website or any other Sweepstakes-related websites or any online service via the Internet due to hardware or software compatibility problems.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING PRIZE 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), BEYOND THE CUSTOMARY WARRANTY PROVIDED WHEN THE PRIZE IS SOLD AT RETAIL.
Further, entrants hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of pocket costs; and (ii) have damages multiplied or otherwise increased. Entrants agree that the rights and obligations of any entrant and/or Sweepstakes Entities and/or any other party shall be resolved individually, without resort to any form of class action.
This Sweepstakes is in no way sponsored, endorsed, or administered by, or otherwise associated with, Meta (the owners of Facebook and Instagram social platforms).