This Contest is sponsored by THE DANNON COMPANY, INC., (“Sponsor”), 100 Hillside
Avenue, White Plains, New York 10603.
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ELIGIBILITY: DANNON® THE PATH TO PLAY & WHY WE LOVE RECESS Contests
(the “Contests”) are open only to legal U.S. residents currently residing in the
forty-eight (48) contiguous United States and the District of Columbia who are at
least eighteen (18) years of age or older (nineteen (19) years of age in Alabama
and Nebraska; twenty-one years of age (21) in Mississippi) at the date of the start
of the Contest Period. Employees, officers and directors of The Dannon Company,
Inc., 1000heads, or their parent, subsidiaries, affiliates, representatives, consultants,
contractors, legal counsel, advertising, public relations, promotional, fulfillment,
and marketing agencies, website providers, web masters, and members of their immediate
families (spouses, parents, siblings and children, regardless of where they live)
and those living in the same household are not eligible to enter or win. All entrants
need access to the Internet to participate in the Contests. If you do not own a
computer or have Internet access, check with your local library to see if they have
free internet access.
Sponsor reserves the right to verify the eligibility of winners. Participation constitutes
entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s
decisions, which are final and binding in all matters related to the Contests.
SPONSER: The Dannon Company, Inc., 100 Hillside Avenue, White Plains,
New York 10603.
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TO ENTER: We want you to help us encourage active play and give
kids the chance for more outdoor fun during the Contest Period. Eligible persons
can enter The Path to Play Contest by participating in any number of challenges
from 1 to 6 and then either writing a blog post or tweeting about their participation,
including appropriate hashtags (#). Entries via blog post must be followed up with
an email to Roxy@dannon.com in order to be considered an entry. Both blog posts
and twitter entries must include the appropriate challenge hashtags (#), including
#sweeps, found on The Path to Play poster and comply with Dannon’s blogger guidelines
to qualify as an entry. Entrants may enter any number of the challenges but cannot
win more than one prize. Why We Love Recess Contest entrants can enter by writing
a blog post about why they love recess and subsequently sending a link to the blog
post to Roxy@dannon.com in order to be considered an entry. The blog post must contain
#sweeps and comply with the Dannon blogger guidelines in order to be considered
an eligible entry.
OPTIONAL PHOTO SUBMISSION. By submitting a Photo and/or video in
these Contests, you hereby warrant and represent that your entry conforms to the
Photo Requirements set forth herein. Photos and/or videos must be clear and easy
to see, hear and understand, and meet the following requirements and cannot:
be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic,
racial, gender, religious, professional or age group, profane or pornographic, or
contain nudity;
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;
be obscene or offensive, endorse any form of hate or hate group;
defame, misrepresent or contain disparaging depictions about Sponsor or its products,
or other people, products or companies;
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;
contain copyrighted materials owned by others (including sculptures, paintings and
other works of art or images published on or in websites, television, movies or
other media) without permission;
contain materials embodying the names, likenesses, or other indicia identifying
any person, living or dead, other than entrant, without permission;
communicate messages or images inconsistent with the positive images and/or goodwill
to which Sponsor wishes to associate; and
depict, and cannot itself, be in violation of any law.
The optional video and/or photo should include either your participation or creation.
Entries must be submitted by the participant and must be unique.
You must complete all required information to be eligible to enter. Incomplete,
illegible, corrupted or untimely entries are void and will be disqualified.
By submitting a Video/Photo you warrant and represent that it: (a) is your original
work, (b) has not been previously published, (c) has not won previous awards, (d)
does not infringe upon the copyrights, trademarks, rights of privacy, publicity
or other intellectual property or other rights of any person or entity; (e) that
you have obtain permission from a person who's name or likeness is used in the Video/Photo
and (f) and that publication of the Video/Photo via various media including Web
posting, will not infringe on the rights any third party rights. Any such entrant
will indemnify and hold harmless, Sponsor from any claims to the contrary. By entering,
each entrant warrants and represents that his/her entry (and Sponsor’s and its designees’
use thereof) does not and will not defame or otherwise violate the rights of any
third-party and does not and will not violate any federal, state or local laws or
ordinances. Entrants further warrant and represent that they have secured the requisite
consent from any third-party referenced in their entries and agree that Sponsor
shall own the entries (and all material embodied therein), which entries will not
be acknowledged or returned, and that Sponsor and its designees shall have the perpetual,
world wide right to edit, publish and use the entries in any way and in any media
for trade, advertising, promotional and/or other purposes as Sponsor and/or its
designees may determine without further consideration to entrants or any third-party.
Failure to comply with any of these Official Rules, or return of any required releases
and related documentation, may result in forfeiture of the prize.
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SELECTION OF WINNERS: Winners will be randomly selected on or about
December 5, 2012. Winners will be announced via Twitter by @Dannon and on Facebook
at facebook.com/danimals.
Potential Winners must continue to comply with all terms and conditions of these
Official Rules, and winning is contingent upon fulfilling all requirements in these
Official Rules. Winners will be notified that they have won by email, on or about
December 6, 2012. If a potential Winner does not respond within 7 days after the
first attempt to contact him/her, that potential Winner will be deemed to have forfeited
the prize, and Sponsor will select the alternate potential Winner from all eligible
entries received.
Except where legally prohibited, each potential winner (Six (6) for The Path to
Play winners and One (1) for Why We Love Recess winner) must sign and return, within
fourteen (14) days of being notified, an Affidavit of Eligibility, Liability & Publicity
Release in order to claim his/her prize. If a potential Winner cannot be contacted
in person via email-after the first attempt to contact him/her, or if he/she fails
to sign and return the Affidavit of Eligibility, Liability & Publicity Release or
Declaration of Compliance within the required time period (if applicable), the potential
winner will be disqualified and an alternate entrant will be selected in his/her
place. The alternate potential Winner will be selected from all eligible entries
received in accordance with the Winner Selection Criterion described above. In the
event that a potential Winner is disqualified for any reason, Sponsor will award
the applicable prize to an alternate Winner selected from all eligible entries received
in accordance with the Winner Selection Criteria described above. Only One (1) alternate
winner selection will be made for The Path to Play prize and one (1) alternate winner
for the Why We Love Recess prize after which any remaining prizes will remain un-awarded.
VERIFICATION OF POTENTIAL WINNERS: ALL POTENTIAL WINNERS ARE SUBJECT
TO VERIFICATION BY SPONSOR AND/OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING
IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE
UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED
THAT VERIFICATION IS COMPLETE. Winning a prize is contingent upon fulfilling
all requirements set forth herein.
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PRIZES: Grand Prize(s): Six (6) Grand Prize(s) will be awarded
for The Path to Play Contest. Each Grand Prize consists of a gift certificate for
children’s toys. Approximate Retail Value (“ARV”) of each Grand Prize: $160. Total
ARV of all prizes to be awarded: $960. Limit one (1) prize per person and per household.
One (1) Grand Prize will be awarded for the Why We Love Recess Contest. Approximate
Retail Value of the Grand Prize awarded to be $150. A winner of a Why We Love Recess
prize can not also win The Path to Play challenge prize challenge and vice versa.
PRIZE RESTRICTIONS: Any and all applicable federal, state, and
local taxes and all fees and expenses related to acceptance and use of prizes not
specifically stated herein are the sole responsibility of the individual prize Winner.
Prize cannot be substituted, assigned, transferred, or redeemed for cash; however,
Sponsor reserves the right to make equivalent prize substitutions at its sole discretion.
Sponsor will not replace any lost or stolen prizes. Prizes cannot be used in conjunction
with any other promotion or offer.
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GENERAL CONDITIONS: This Contest is governed by the laws of the
United States. Void where prohibited by law and outside the United States. WARNING:
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE
ASSOCIATED WITH THIS CONTEST OR 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 PROSECUTE AND 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. Neither Sponsor, Agent, nor anyone acting on its behalf
will enter into any communications with any entrant regarding these Contests, except
as expressly set forth in these Official Rules or as intended for The Path to Play
and Why We Love Recess contests. Sponsor reserves the right at its sole discretion
to disqualify any individual it finds to be attempting to tamper with or undermine
the entry process, the website, and/or the legitimate operation of the Contests;
to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner
or with the intent to annoy, abuse, threaten, or harass any other person. Sponsor
and its agents 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 Contests; (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 Contests; (4) technical or human error which
may occur in the administration of the Contests or the processing of entries; or
(5) 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 Contests or
receipt or use or misuse of any prize. If, for any reason, the Contests are not
capable of running as planned, including infection by computer virus or bugs, tampering,
unauthorized intervention, fraud, technical failures, or any other causes beyond
the control of Sponsor, which corrupt or affect the operation, administration, security,
fairness, integrity, or proper conduct of this Contests, Sponsor may, in its sole
discretion, void any suspect entries and (a) modify the Contests or suspend the
Contests to address the impairment and then resume the Contests in a manner that
best conforms to the spirit of these Official Rules; and/or (b) award the prize
from among the eligible, non-suspect entries received up to the time of the impairment
in accordance with the winner selection criteria described above.
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LIMITATIONS OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS
PROMOTION, ENTRANT AGREES THAT SPONSOR, ADMINISTRATOR, FACEBOOK, TWITTER, ETC.,
AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES,
CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL,
FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”)
WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST,
ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING
PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR
INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR
PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION RELATED ACTIVITY, OR ANY CLAIMS
BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY.
THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS,
DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER,
OR TERRORISM. BY PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT THE RELEASED
PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF
ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF
ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING
MATERIAL DOWNLOADED FROM SUCH SITE.
EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE PROMOTION CONSTITUTES WINNER’S
GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR),
AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST,
AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT
NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S ENTRY, NAME,
PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING
BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES
(INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST)
WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. BY
SUBMITTING AN ENTRY, ENTRANT AGREES THAT SUCH ENTRY, COMMUNICATIONS OR SUBMISSIONS,
CREATIVE SUGGESTIONS, IDEAS, NOTES, CONCEPTS OR OTHER MATERIALS ("SUBMISSIONS")
THAT ENTRANT MAY SUBMIT TO SPONSOR OR POST TO TWITTER OR A BLOG IN CONNECTION WITH
THIS PROMOTION, INCLUDING ALL RIGHTS EMBODIED THEREIN, WHETHER SENT VIA THE WEBSITE,
BY ELECTRONIC MAIL OR BY SOME OTHER MEANS, WITH THE EXCEPTION OF PERSONALLY IDENTIFIABLE
INFORMATION AS DEFINED IN SPONSOR’S PRIVACY POLICY, AVAILABLE AT HTTP://WWW.DANNON.COM/PRIVACY.ASPX.
SUCH SUBMISSIONS SHALL BE DEEMED TO BE NON-CONFIDENTIAL, NON-PROPRIETARY AND SPONSOR
SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH SUBMISSIONS AND SHALL
BE FREE TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE, DISSEMINATE
AND DISTRIBUTE THE SUBMISSIONS TO OTHERS WITHOUT LIMITATION IN ANY AND ALL MEDIA
NOW KNOWN OR NOT CURRENTLY KNOWN, THROUGHOUT THE WORLD IN PERPETUITY FOR ANY PURPOSE
WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO ENTRANT OR ANY THIRD-PARTY.
ENTRANT HEREBY GRANTS SPONSOR A ROYALTY FREE, IRREVOCABLE, AND WORLD WIDE, IN PERPETUITY
LICENSE TO USE THE SUBMISSIONS IN ANY FORM OR FORMAT AND TO MODIFY THE SAME, AND
ACKNOWLEDGES AND AGREES THAT IF SPONSOR DOES USE THE SUBMISSIONS ENTRANT SHALL NOT
BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND. ENTRANT
WAIVES ANY MORAL RIGHTS HE OR SHE MAY HAVE TO THE SUBMISSIONS, AND AGREES THAT IF
SPONSOR ELECTS TO USE SUBMISSIONS FOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR
OTHER INTELLECTUAL PROPERTY RIGHTS WHICH MAY RESULT FROM THAT RELATING TO ENTRANT'S
SUBMISSIONS OR FROM USE OF THE SAME BY SPONSOR SHALL BE THE SOLE PROPERTY OF SPONSOR.
ENTRANT FURTHER AGREES THAT IF SPONSOR ELECTS TO USE ENTRANT'S SUBMISSIONS, ENTRANT
WILL EXECUTE ANY DOCUMENTS REQUESTED BY SPONSOR REGARDING THIS ASSIGNMENT. IF ANY
USE BY SPONSOR OF THE SUBMISSIONS CAUSES IT TO BE LIABLE TO ANY THIRD-PARTY, ENTRANT
AGREES TO INDEMNIFY SPONSOR AND ITS AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES,
REPRESENTATIVE AND ALL RELATED PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS,
JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHICH IT INCURS AS A
RESULT OF ITS USE OF THE SUBMISSIONS.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE
WEBSITE AND ALL PRIZES, 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 EXCLUSION 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.
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PUBLICITY: NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each
entrant understands and acknowledges that Sponsor has wide access to ideas, designs,
and other materials, and that new ideas are constantly being submitted to it or
being developed by their own employees. Each entrant also acknowledges that many
ideas may be competitive with, similar or identical to the Submission and/or each
other in theme, idea, format or other respects. Each entrant acknowledges and agrees
that such entrant will not be entitled to any compensation as a result of Sponsor's
use of any such similar or identical material. Each entrant acknowledges and agrees
that the Sponsor does not now and shall not have in the future any duty or liability,
direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement
or protection of the copyright in and to the Submission. Finally, each entrant acknowledges
that, with respect to any claim by entrant relating to or arising out of Sponsor
actual or alleged exploitation or use of any Submission or other material submitted
in connection with the Contest, the damage, if any, thereby caused to the applicable
entrant will not be irreparable or otherwise sufficient to entitle such entrant
to seek injunctive or other equitable relief or in any way enjoin the production,
distribution, exhibition or other exploitation of the Submission or any material
based on or allegedly based on the Submission, and the entrant's rights and remedies
in any such event shall be strictly limited to the right to recover damages, if
any, in an action at law.
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DISPUTES. Except where prohibited, entrant agrees that: (1) any
and all disputes, claims and causes of action arising out of or connected with this
Promotion or any prize awarded shall be resolved individually, without resort to
any form of class action, and exclusively by the Westchester County Supreme Court,
White Plains, New York; (2) any and all claims, judgments and awards shall be limited
to actual out-of-pocket costs incurred, including costs associated with entering
this Promotion, but in no event attorneys’ fees; and (3) under no circumstances
will entrant be permitted to obtain awards for, and entrant hereby waives all rights
to claim, indirect, punitive, incidental and consequential damages and any other
damages, other than for actual out-of-pocket expenses, and any and all rights to
have damages multiplied or otherwise increased. All issues and questions concerning
the construction, validity, interpretation and enforceability of these Official
Rules, or the rights and obligations of the entrant and Sponsor in connection with
the Promotion, shall be governed by, and construed in accordance with, the laws
of the State of New York, without giving effect to any choice of law or conflict
of law rules, which would cause the application of the laws of any jurisdiction
other than the State of New York.
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PRIVACY: Information collected from entrants is subject to the
Sponsor’s Privacy Policy, which can be found at http://www.dannon.com/privacy.aspx).
Sponsor and Sponsor’s agents, affiliates, subsidiaries, representatives or service
providers may use entrants’ and/or referrals’ personal information submitted with
entry for purposes of prize fulfillment and/or for future marketing by Sponsor,
such as to notify them of a product or promotion that Sponsor thinks may be of interest.
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OFFICIAL RULES AND WINNERS LIST: For a copy of the Official Rules,
visit www.danimals.com/challenges or send a stamped, self-addressed envelope for
receipt by November 1, 2012 to: 1000heads at 580 Broadway, Suite 201, New York,
NY 10012. For a list of winners available after January 4, 2013, send a stamped,
self-addressed envelope for receipt by January 31, 2012 to: 1000heads at 580 Broadway,
Suite 201, New York, NY 10012. VT residents may exclude return postage.
Copyright ©2012. The Dannon Company, Inc., All rights reserved.
