2017 DANNON® DANIMALS® GOLDEN BONGO BACK TO SCHOOL SWEEPSTAKES OFFICIAL RULES
THIS SWEEPSTAKES IS INTENDED FOR PLAY by LEGAL RESIDENTS OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA, who are SIX (6) years of age or older as of the date of Participation AND WILL BE GOVERNED BY U.S. LAW. DO NOT PARTICIPATE UNLESS YOU ARE ELIGIBLE AT THE TIME OF PARTICIPATION.
ELIGIBLE MINORS SHOULD OBTAIN THE PERMISSION OF THEIR PARENT(S) OR LEGAL GUARDIAN(S) PRIOR TO PARTICIPATING IN THIS SWEEPSTAKES.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN PUERTO RICO AND WHERE PROHIBITED OR RESTRICTED BY LAW.
MANY WILL PARTICIPATE BUT ONLY TEN (10) WILL WIN A GRAND PRIZE.
- ELIGIBILITY: The 2017 DANNON® Danimals® Golden Bongo Back To School Sweepstakes (“Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia, who are six (6) years of age or older at time of participation. Void in Puerto Rico and where prohibited by law. Eligible minors should obtain the permission of their parent(s) or legal guardian(s) prior to participating. Employees, officers and directors of The Dannon Company, Inc. (“Sponsor”), Young America LLC (“Administrator”), Disney Destinations, LLC (“Disney”), and their respective parent companies, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, fulfillment, public relations, marketing, and promotion agencies, website providers, and any other individuals engaged in any way in the development, production, printing, distribution, or execution of this Sweepstakes, and members of the immediate families (defined as spouse, children, siblings, parents, and their respective spouses and in-laws, regardless of where they reside) and households (whether or not related) of any of the above are not eligible to participate. By participating, participants agree to these Official Rules and the decisions of the Sponsor and/or its Administrator which are final and binding in all respects.
- SWEEPSTAKES PERIOD: Sweepstakes begins on July 15, 2017 and ends on October 31, 2017 or when supplies have been exhausted, whichever occurs first (“Sweepstakes Period”).
- HOW TO PARTICIPATE: During the Sweepstakes Period, there are two (2) ways to play: (a) Purchase (not required): Look inside specially-marked packages of DANNON® Danimals® promotional products including these four (4) package types: 6-packs of Danimals® Smoothies; 12-packs of Danimals® Smoothies; 12-packs of Danimals® Yo-Tubes (Strawberry Explosion® and Swingin’ Strawberry Banana® flavors only); and 4-packs of Danimals® Squeezables (each a “Package Type”) while supplies last. If your package contains a golden bottle, golden tube or golden pouch (depending on Package Type), you may win one (1) of the ten (10) Grand Prizes, subject to verification and validation of the game piece, your eligibility, and compliance with these Official Rules. If your package does not contain a golden bottle, golden tube or golden pouch, then you are not a winner. (b) Mail-in: To obtain a free game piece (while supplies last) and a copy of these Official Rules, hand print your name, address, and age on an 8.5″ x 11″ plain white piece of paper and mail it in an envelope with proper postage affixed to: 2017 DANNON® DANIMALS® Golden Bongo Back to School Sweepstakes Piece Request, PO Box 760018, Dept. 856-787, El Paso, TX 88576-0018. Limit one (1) request per stamped outer envelope. Requests must be postmarked by October 31, 2017 and received by November 7, 2017. If you are under the age of thirteen (13), you must provide your parent or legal guardian’s name and valid email address. Sponsor is not responsible for lost, late, illegible, misdirected, mutilated, incomplete, or postage-due mail requests. Mechanical reproductions of game piece requests will not be accepted.
- PRIZE CLAIMS: To redeem a prize, hand print your complete name and address (no PO Boxes) and phone number (including area code) on an 8.5″ x 11″ plain white piece of paper and mail with the entire original potentially winning game piece (“Golden Bottle”, “Golden Tube”, “Golden Pouch” or a winning game piece received by mail) to: 2017 DANNON® DANIMALS® Golden Bongo Back to School Sweepstakes Prize Claim, 10 South 5thStreet, 7thFloor, Dept. 856-787, Minneapolis, MN 55402. Claims must be received by November 30, 2017. For your protection, it is suggested that you send your prize claim via certified mail, return receipt requested, in a padded envelope (recommended, but not required) and keep a photocopy for your records. The submission of a prize claim is solely the responsibility of the participant. Mechanical reproductions are void. All materials submitted become the property of Sponsor and will not be returned. Only official game pieces from the 2017 DANNON® DANIMALS® Golden Bongo Back to School Sweepstakes are eligible. All other game pieces are invalid and void.
- SECOND CHANCE DRAWING (FOR UNCLAIMED GRAND PRIZE[S]): To enter the Second Chance Drawing, hand print your complete name, complete address, daytime and evening phone number(s) (with area code), date of birth, and if entrant is a minor, minor’s parent or legal guardian’s email address, on a 8.5″ x 11″ plain white piece of paper and mail it in an envelope with proper postage affixed to: 2017 DANNON® DANIMALS® Golden Bongo Back to School Sweepstakes Second Chance Drawing, PO Box 650003, Dept. 856-787, El Paso, TX 88565-0003. Enter as often as you wish, but each Second Chance entry must be mailed in a separate, first-class stamped envelope and received by November 30, 2017 to be eligible. No mechanical reproductions or mailing labels permitted. If one or more Grand Prize(s) is/are not claimed, a Second Chance Drawing will be held on or about December 4, 2017 from among all eligible entries received by the Administrator, whose decisions shall be final and binding in all matters relating to this Sweepstakes. Potential winners in the Second Chance Drawing will be required to comply with all requirements imposed on a Grand Prize winner as set forth in these Official Rules. Additionally, if a potential Second Chance Drawing-Grand Prize winner is a minor in his/her state of jurisdiction (under 18; 19 in AL and NE), his/her parent/legal guardian will be notified via email using the email address provided at the time of entry. Odds of winning a prize in the Second Chance Drawing (if required) will depend on the number of unclaimed Grand Prizes and eligible Second Chance entries received. All Second Chance entries become the property of the Sponsor and will not be returned.
- PRIZE DETAILS: Ten (10) Grand Prizes: Each Grand Prize consists of the following: A trip for the winner plus four (4) guests to the Walt Disney World®Resort near Orlando, Florida. Trip consists of: Round-trip coach air transportation between the major U.S. gateway airport closest to the winner’s residence and the Orlando International Airport; room accommodations consisting of one (1) one-bedroom suite or villa (with a maximum of five (5) persons per room) for four (4) nights at a hotel at the Walt Disney World®Resort selected by Disney in its sole discretion and based on availability; ground transfers between Orlando International Airport and the Walt Disney World® Resort via Disney’s Magical Express® Service for winner and his/her guests; five (5) 5-Day Magic Your Way Tickets with Park Hopper® Option; one (1) Disney Signature Dining experience for five (5) persons and one (1) Disney Character Dining experience for five (5) persons (Disney Gift Cards will be provided to cover the expense of these experiences; experiences subject to availability); one (1) $500 Disney Gift Card; services of one (1) Disney VIP Tour Guide for up to eight (8) hours on one (1) day; and one (1) welcome basket in winner’s hotel room (for winner only). Disney Gift Cards subject to restrictions and terms and conditions as stated by issuer. Approximate Retail Value (“ARV”): Up to $12,452.95 each. Odds: 1 in 2,459,094.
Actual retail value of prize depends on city/day/time of departure. Sponsor and/or Disney will, in its sole discretion, determine which airport is closest to a winner’s residence. If winner resides within 250 miles of the Walt Disney World® Resort, air transportation and ground transfers will not be provided and the difference in value will not be provided to the winner. Additional prize award details and travel information may be provided to the winner at the time of notification. Theme park tickets are subject to additional restrictions that will be provided with tickets. Travel must be taken and completed by November 30, 2018. Travel and accommodations are subject to availability and change and certain restrictions and block-out dates may apply. Sponsor and Disney assume no responsibility for canceled, delayed, suspended or rescheduled events (including, but not limited to, airline flights) or any acts or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations beyond its control. Selection of airline and hotel are solely within Sponsor’s and/or Disney’s discretion. Exact travel dates and arrangements subject to availability. Ground transportation and meals (other than stated above), incidental hotel charges, hotel room service, laundry service, alcoholic beverages, merchandise, souvenirs, etc., local and long distance telephone calls, tips, gratuities, service charges or taxes, luggage fees, and all other expenses not specified herein are solely the winner’s responsibility.
Winner’s guests must sign and return a travel release before any ticketing or travel occurs. If a travel guest is a minor, the release form must be signed by minor’s parent or legal guardian. Winner and guests must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license) required for travel. Winner and guests must travel together on the same itinerary. Minor children may accompany winner as guests only if minor’s parent or legal guardian is the winner, one of winner’s guests, or if the proper documentation has been completed by minor’s parent or legal guardian assigning a traveling adult as guardian for the trip. Minors must be accompanied at all times during trip (including, but not limited to, in-flight, hotel stay and all prize-related events) by the designated parent or legal guardian or adult on the trip. Once the guests are selected, they may not be substituted, except in Sponsor’s and/or Disney’s sole and absolute discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Winner and guests are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor and Disney have not and will not obtain or provide travel insurance or any other form of insurance. Lost, stolen or damaged airline tickets, theme park tickets or gift cards will not be replaced or exchanged. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by Sponsor’s or Disney’s airline carrier of choice as detailed in the passenger ticket contract. The passenger contracts in use by the airlines or other transportation companies shall constitute the sole contracts with respect to the winner’s and his/her guests’ transportation and such contracts shall be solely between the winner, his/her guests and such transportation companies. No stopovers are permitted on tickets issued as part of the prize. If a stopover occurs, the prize travel will terminate and winner and his/her guests will be responsible for the full fare which will be charged from the stopover point for the remaining trip segment(s), including the return. Sponsor and Disney shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any air carrier(s) or other transportation companies or any other persons providing any of these services to passengers including any results thereof such as changes in services or accommodations necessitated by same. In the event winner and/or a guest misses a scheduled airline flight (through no fault of Sponsor or Disney or due to Force Majeure), Sponsor and Disney will have no liability for any costs associated with changing or rebooking transportation. Winner and guests must comply with all hotel check-in requirements, including, but not limited to, the presentation of a major credit card. Air transportation and hotel accommodations must be taken together and cannot be taken separately. If winner elects to travel or participate in the prize travel with fewer than four (4) guests, no additional compensation will be awarded. If winner elects to travel or participate in prize travel with more than four (4) guests, such additional guest(s) shall be responsible for any and all costs associated with such travel. Any difference between stated value and actual value will not be awarded. In the event Sponsor or Disney is unable to provide any portion of the prize, no compensation or substitution will be provided for that portion of the prize; however, the remainder of the prize package will be awarded and Sponsor and Disney will have no further obligation to winner.
In the event winner, and/or winner’s guests, engage in behavior during travel that (as determined by Sponsor or Disney in its sole discretion) is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor, Disney or any of Sponsor’s or Disney’s services, products, trademarks, service marks, or logos, Sponsor and Disney reserve the right to withdraw prize, terminate the travel early, and send winner and/or guests home with no further obligations or compensation whatsoever to winner and/or guests (which may, in Sponsor’s or Disney’s sole discretion, result in such winner’s disqualification from the Sweepstakes and forfeiture of any (and/or all) prize(s)). In the event winner or guests engage in behavior during travel that (as determined by Sponsor or Disney in its sole discretion) is illegal, tortious, or subjects winner or guests to arrest or detention, Sponsor and Disney shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner or guests as a result of such conduct. THE RELEASED PARTIES (AS HEREINAFTER DEFINED) SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF PRIZE WINNER’S OR GUESTS’ ACCEPTANCE OR USE OF THE PRIZE.
Total ARV of all prizes is $124,529.50. If a winner cannot accept the prize as stated, prize may be forfeited. Prize cannot be substituted, assigned, transferred or redeemed for cash; however, Sponsor and Disney reserve the right, at its sole discretion, to substitute prize of equal or greater value if the advertised prize is unavailable. Any difference between stated value and actual value will not be awarded. Each winner is responsible for any loss of prize or portion of any prize after it has been delivered. Sponsor and Disney will not replace any lost or stolen prizes. Limit one (1) Grand Prize per person/household.
- GENERAL CONDITIONS: By entering, participants (and their parent(s)/legal guardian(s), if a minor) agree (and agree to confirm in writing) that: (a) Sponsor, Administrator, Disney, their respective parents, subsidiaries, related and affiliated entities, partners, members, representatives, consultants, contractors, legal counsel, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) are released, will have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind to person(s) including, without limitation, death or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Sweepstakes or any Sweepstakes-related activities including, without limitation, any travel related thereto; (b) except where legally prohibited, winners (and their parent(s)/legal guardian(s), if a minor) grant (and agree to confirm that grant in writing) permission to Sponsor and those acting under its authority the right to the use of his/her name, picture, likeness, voice, biographical information and statements for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide in perpetuity, and on the Internet and World Wide Web, without notice, review or approval, unless prohibited by law; (c) any portion of the prize not accepted or used by the winner will be forfeited; and (d) Sponsor and Disney are not responsible for any inability of the winner to accept or use any prize (or any portion thereof) for any reason. Each winner shall bear all risk of loss or damage to their prize after it has been delivered.
- WINNER NOTIFICATION: In the case where a minor is a winner of a Grand Prize, Grand Prize will be awarded to the parent/legal guardian who assumes all responsibilities of prize winner. Each potential Grand Prize winner will be contacted by phone, email and/or mail. All game pieces are subject to verification; allow up to two (2) weeks for verification of a winning game piece. Each Grand Prize winner will be required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release within seven (7) days of date of notification via fax, email and/or overnight mail. Sponsor is not responsible for suspended or discontinued Internet or wireless service which may result in potential winner not receiving initial prize notification. Sponsor is not responsible for any change in participant’s email, mailing address and/or telephone number. If a potential winner is found not to be eligible or not in compliance with these Official Rules, if any required documents are not returned in a timely manner, if Sponsor is unable to contact a potential winner within a reasonable time period, or if prize notification is returned as undeliverable, the potential winner may be disqualified.
- DISCLAIMERS: Released Parties are not responsible for lost, late, stolen, incomplete, illegible, inaccurate, mutilated, postage due, undelivered, delayed or misdirected mail, prize claims, prizes, game piece requests or Second Chance entries; or for any error or problem of any kind relating to or in connection with the Sweepstakes including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, the processing of game piece requests, prize claims or Second Chance entries, the announcement of the prizes, and any travel or other activities in connection therewith, or in any Sweepstakes-related materials. You are not a winner until your game piece has been verified and it is determined that you have complied with all terms of these Official Rules. Sweepstakes materials are automatically void if they fail to pass anti-fraud detection measures or if they are reproduced, mutilated, forged, altered, tampered with, or illegible in any way, if they are obtained outside authorized, legitimate channels, or if they contain printing, production, typographical, mechanical or other error. Liability for game pieces containing printing or other errors is limited to replacement with another game piece while supplies last. Only the number of prizes stated in the Official Rules will be awarded. If, for any reason, the number of prize claims received exceeds the stated number of prizes, only the stated number of prizes in these Official Rules will be awarded through a random drawing from among all eligible, non-suspect and valid prize claims received.
- Binding Arbitration and Disputes: Any controversy or claim arising out of or relating to this Sweepstakes (excluding any and all controversy or claim arising out of or connected with the Grand Prizes or the use thereof brought against Disney Destinations LLC or its parent or affiliated companies) 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 New York 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 PARTICIPANT’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 PLAY 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 PARTICIPANT AND PRIZE WINNER (AND PARTICIPANTS’ AND PRIZE WINNERS’ PARENT/LEGAL GUARDIAN IF PARTICIPANT OR PRIZE WINNER IS A MINOR) 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 (excluding any and all DISPUTES, CLAIMS AND CAUSES OF ACTION arising out of or connected with the GRAND Prizes or the use thereof BROUGHT AGAINST DISNEY DESTINATIONS LLC OR ITS PARENT OR AFFILIATED COMPANIES), WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) any and all disputes, claims and causes of action arising out of or connected with the gRAND PRIZES or the use thereof BROUGHT AGAINST DISNEY DESTINATIONS LLC OR ITS PARENT OR AFFILIATED COMPANIES WIll be resolved individually, without resort to any form of class action, and exclusively in a court located in Orange County, Florida having SUBJECT MATTER Jurisdiction; (3) 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; (4) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT OR PRIZE WINNER BE PERMITTED TO OBTAIN ANY AWARD FOR, AND EACH PARTICIPANT AND PRIZE WINNER 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 (5) EACH PARTICIPANTS’ AND PRIZE WINNERS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND EACH PARTICIPANT AND PRIZE WINNER IRREVOCABLY WAIVE 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 PARTICIPANT OR PRIZE WINNER.
- GOVERNING LAW AND JURISDICTION: By participating, participant agrees that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Sponsor in connection with the Sweepstakes, 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, and any matters or proceedings which are not subject to arbitration as set forth in these Official Rules (excluding any matters or proceedings arising out of or connected with the Grand Prizes or the use thereof) and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the County of Westchester. By participating, participants consent to the jurisdiction and venue of the federal, state, and local courts located in Westchester County, New York. By participating, participant further agree that all issues and questions concerning the rights and obligations of Disney in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules, and all proceedings arising out of or connected with the prizes or the use thereof shall take place in Orange County, Florida.
- WINNER’S LIST: For a list of winners, mail a self-addressed, stamped envelope to: 2017 DANNON® DANIMALS® Golden Bongo Back to School Sweepstakes Winner’s List Request, 10 South 5thStreet, 7thFloor, Dept. 856-787, Minneapolis, MN 55402 for receipt by December 29, 2017.
SPONSOR: The Dannon Company, Inc., 100 Hillside Avenue, White Plains, NY 10603-2863.
ADMINISTRATOR: Young America LLC, 10 South 5th Street, 7th Floor, Minneapolis, MN 55402.
© 2017 The Dannon Company, Inc. DANNON®, Danimals®, Walt Disney World®, and Park Hopper® are registered trademarks of their respective owners. All rights reserved.
Disney Destinations, LLC and its parent and affiliated companies are not responsible for the promotion, administration or execution of this Sweepstakes.