THIS CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN ONE OF THE ELIGIBLE STATES (AS DEFINED BELOW) IN THE UNITED STATES AT THE TIME OF ENTRY. OPEN TO LEGAL RESIDENTS OF OHIO, MICHIGAN, INDIANA, PENNSYLVANIA, KENTUCKY, ARKANSAS, GEORGIA, TENNESSEE, SOUTH CAROLINA, FLORIDA, ALABAMA, MISSISSIPPI, AND TEXAS (COLLECTIVELY, “ELIGIBLE STATES”), WHO ARE THE AGE OF MAJORITY OR OLDER IN THEIR STATE OF RESIDENCE (19 IN AL, 18 IN ALL OTHER ELIGIBLE STATES), WHO ENTER FROM WITHIN AN ELIGIBLE STATE.
1. Eligibility: The Be a Future Champion with Borden Contest (the “Contest”) is open to: legal residents of the Eligible States, who are at least the age of majority in the state in which they reside (19 in AL, 18 in all other Eligible States), and who are located in an Eligible State, all at the time of entry. Employees, contractors, directors, officers, and agents of Borden Dairy Company (“Sponsor”), Wencel Design Co., each of their parent, affiliates, subsidiaries, distributors, sales representatives, and advertising, promotion and judging agencies and all other service agencies involved with the Contest, and members of the immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where the reside) and household of each such employee (whether or not related) are not eligible to enter or win.
This Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’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.
2. Sponsor: Borden Dairy Company, 8750 N Central Expy #400, Dallas, Texas 75231.
3. Contest Entry Period: The Contest begins on January 19, 2018 at 12:00:01 am Central Time (“CT”) and ends on February 28, 2018, at 11:59:59 pm CT (the “Contest Entry Period”). All entries must be received before the Contest Entry Period end time/date to be valid.
Limit: One (1) entry per person/e-mail address/Facebook account during each week of the Contest Entry Period. For purposes of this Contest, “Week” shall be defined as a calendar week (starting each Sunday at 12:00:01 am CT and ending on the following Saturday at 11:59:59 pm CT), except for the first week of the Contest, which shall start on Friday, January 19 and end on Saturday January 20 and the last week of the Contest Entry Period, which shall start on Sunday, February 25 and end on Wednesday, February 28.
Automated entries are prohibited, and any use of automated devices will cause disqualification. Entrants may not enter with multiple e-mail addresses or Facebook accounts nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. Any entrant who attempts to enter with multiple e-mail addresses, multiple Facebook accounts, under multiple identities, or uses any device or artifice to register multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion. Multiple entrants are not permitted to share the same e-mail address and/or Facebook account. Should multiple users of the same Facebook account enter the Contest and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said account at the time of entry will be considered the entrant. “Authorized Account Holder” is defined as the natural person who is assigned an account by a Facebook, Inc. or other organization which is responsible for assigning accounts or the domain associated with the submitted e-mail address. Potential winner may be required to show proof of being the Authorized Account Holder.
5. Content Requirements: Entrants represent and warrant that their Content is the original work of such entrant, it has not been copied from others, it has not previously won awards, it does not violate the rights of any other person or entity, and publication of the Content via various media including Web posting will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless Released Parties (defined below) from any claims to the contrary. Any entrant whose Content includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Content, in a form satisfactory to administrator, upon request, prior to award of prize and/or naming of entrant as a Finalist.
By submitting Content, you agree that your Content is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to use or otherwise disclose the ideas contained in the Content on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Content, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY AND CONTENT MAY BE POSTED ON SPONSOR’S WEBSITE OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN SPONSOR’S DISCRETION. Submission of Content grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the Content in any way, in any and all media, without limitation, and without consideration to the entrant.
All Content submitted by you must conform to the additional submission requirements set forth herein:
∞ Content must comply with these Official Rules and any Terms of Service on the Website (if any);
∞ Content uploaded through the Website must be in digital format (other than Essays) and must comply with the posting requirements set forth above and as posted on the Website;
∞ Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
∞ Content cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
∞ Content cannot be obscene or offensive, endorse any form of hate or hate group;
∞ Content cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
∞ Content cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
∞ Content cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission; Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant (except copyrighted materials owned by Sponsor) is grounds for disqualification from the Contest. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your Content and grant the rights herein granted to Sponsor;
∞ No background artwork should appear in a Content unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in Content must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein;
∞ Content cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
∞ Content cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
∞ Content cannot depict, and cannot itself, be in violation of any law.
CONTENT POSTED TO THE WEBSITE IS NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Contest submission requirements set forth herein in its reasonable discretion.
Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Contest Period, to request that any entrant resubmit his or her Content which fails to comply with the Contest entry requirements prior to any judging or voting period.
6. Public Voting/Finalist Selection: Each entry will appear on Facebook and available for voting between January 19, 2018 and March 7, 2018 at 11:59:59 pm CT (the “Voting Period”). Notwithstanding the foregoing, the Voting Period shall be subject to modification by Sponsor as Sponsor may reasonably require. In the event of modification, Sponsor shall post notice of the modified Voting Period on the website. During the Voting Period, the public will be invited to vote for an entry by visiting Facebook, searching #BordenFutureChampion, and “liking” the entry that he or she believes is the most creative and original. You may only vote for photos that include #ContestEntry. To “Like”/vote for an entry, find the entry that you believe is the most creative and most original and click the “like” button that corresponds to such entry. Limit: Each individual may only “Like”/vote for one (1) entry during the entire Contest Entry Period. You must have a Facebook account to vote in this Contest. Facebook accounts are subject to the terms and conditions as set by Facebook. If more than one (1) “Like”/vote is received from the same person and/or email address, all votes from said person or email address may be disregarded. Sponsor reserves the right to void all votes made through any script, macro, robotic, automatic, mechanical, programmed or similar duplication method. Vote counts are not official until verified by the Sponsor, in its reasonable discretion. Any attempt by the entrant and/or its respective family/friends to vote more than the number of times authorized herein, using multiple names and/or email addresses and/or any other fraudulent mechanism, as determined by the Sponsor in its sole discretion, shall give the Sponsor the right to disqualify the entrant in Sponsor’s reasonable discretion. Any attempt by any person to fraudulently circumvent the voting restrictions in order to cast multiple votes will result in disqualification of all such votes received and may result in disqualification of the entrants for whom the improper votes were received if the Sponsor determines that that Entrant was involved in any way in the perpetration of such fraud.
At the conclusion of the Voting Period, Sponsor will rank the entries according to the total votes received. The twenty-five (25) entrants whose valid and eligible entry receives the highest total number of votes will advance to “Final Round” (each a “Finalist”). For the avoidance of doubt, each individual’s entry must comply with all Content and submissions requirements and restrictions set forth herein to be deemed a Finalist, regardless of how many votes such individual receives and in which ranking such individual places. In the event the tally of votes for the twenty-fifth place Finalist results in a tie, then all tied entries will become Finalists and the panel of judges will evaluate all Finalists in accordance with the judging criteria set forth in more detail below. Finalists are subject to verification and may be notified by Sponsor, in its sole discretion.
Final Round Judging/Winner Selection and Notification: On or around March 12, 2018, each Finalist’s entry shall be judged by the Sponsor based equally on the following criteria: (i) creativity and (ii) originality. The five (5) Finalists receiving the highest score will be the winners, subject to verification. In the event of a tie, a new judge, selected by the Sponsor in its sole discretion, will judge the tied entries based on the judging criteria set forth above, with the Finalist receiving the highest score being the winner, subject to verification. Judges’ and Sponsor’s decisions are final and binding in all aspects of this Contest.
On or around March 14, 2018, potential winners will be notified via a direct message. Potential winners are subject to verification. If a potential winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if a winner cannot be verified, or if a winner is otherwise unable or unwilling to accept and claim the prize as stated, then winner may be disqualified and the prize may be forfeited in Sponsor’s sole discretion. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant who will be selected in a manner deemed fair and equitable by the Sponsor. Winners may be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, within ten (10) business days of attempted notification or prize may be forfeited. Prizes won by an eligible entrant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian, who must sign and return all required documents. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.
7. Prize: Five (5) winners will each receive a $750 gift card, which may be used towards milk for a year for the winner. The gift card amount will be the approximate amount of the cost of 2 gallons of Sponsor’s milk per week for 52 weeks. Approximate Retail Value (“ARV”): $750. ARV is as of date of printing of these Official Rules. The difference in value of prize as stated herein and value at time of prize notification, if any, will not be awarded. Limit: one (1) prize per person/household. Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, is used. Please allow 4-6 weeks for shipment of prize after confirmation. ARV of all prizes: $3,750.
8. Release: As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing): (a) to release Sponsor, its affiliates, subsidiaries, retailers, and agents, Wencel Design Co., and each of their officers, directors, employees and agents, and Facebook, Inc. (collectively, “Released Parties”), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize; (b) under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby knowingly and expressly waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.
9. License: Providing Content grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify such Content in any way, in any and all media, without limitation, and without consideration to the entrant.
10. Publicity: Except where prohibited by law, each winner grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use his/her name, photograph, and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation.
11. General Conditions: Sponsor is not responsible for lost, late, misdirected, undelivered, 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. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. In the event of cancellation, Sponsor will award the prizes from among all eligible, non-suspect entries received prior to cancellation in a manner deemed fair and equitable. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions, the website, or network connections that are human or technical in nature. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process, the website, or the operation of the Contest 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 Contest 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.
12. Binding Arbitration: Any controversy or claim arising out of or relating to this Contest 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 Texas 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 deems 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 CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE CONTEST, 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 CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND (2) 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 SET FORTH ABOVE AND IN SECTION 7(B)-(D), SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.
13. Governing Law & Jurisdiction: This Contest and its Official Rules are governed by US 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 Contest Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Texas, 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 12 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Texas, in the City of Dallas.
14. Entrant's Personal Information: If you are selected as a winner, your information may be included in a publicly-available winner’s list.
15. Winner’s List: For a list of winners, mail a self-addressed, stamped envelope to: 903 Commerce Drive, Suite 310, Oak Brook, IL 60523. Requests must be received by March 12, 2018.