“WIN FREE FROYO FOR A YEAR SWEEPSTAKES”
(the “Official Sweepstakes Rules”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. VOID WHERE PROHIBITED BY LAW. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, WHO ARE 13 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY.
THE SWEEPSTAKES IS GOVERNED BY THESE OFFICIAL SWEEPSTAKES RULES. BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES TO ABIDE BY THESE OFFICIAL SWEEPSTAKES RULES, INCLUDING ALL ELIGIBILITY REQUIREMENTS, AND UNDERSTANDS THAT THE RESULTS OF THE SWEEPSTAKES, AS DETERMINED BY THE SPONSOR AND ITS AGENTS, ARE FINAL IN ALL RESPECTS.
1. HOW TO ENTER: There are two ways to enter this Sweepstakes (each, an “Entry Method” herein). (As used herein, each entry into the Sweepstakes will be referred to as an “Entry” and each person who submits an Entry into the Sweepstakes will be referred to as an “Entrant”).
After completing an Entry using one of the two Entry Methods described below, the Entrant will receive one entry into the Sweepstakes. Limit one Entry per person regardless of Entry Method. Any attempt to submit an Entry other than as described herein is void. Any incomplete or mechanically reproduced Entries will be disqualified. The Sponsor has no obligation to advise an Entrant of an incomplete or otherwise non-compliant Entry. The Sponsor and Administrator are not responsible for lost, late, invalid, unintelligible, incomplete, garbled or misdirected Entries, which will be disqualified.
Method #1: Internet Entry. You may enter the “Win Free Froyo For a Year Sweepstakes” (the “Sweepstakes”) through the Sweepstakes webpage (yomoforayear.com) beginning on October 28, 2019 at or about 11:00 AM ET and ending on December 31, 2019 at 11:59 PM ET (the “Sweepstakes Period”) by doing the following, the completion of which will comprise an Entry under this “Internet Entry” method: (a) visit yomoforayear.com (b) provide the required, requested information and (c) submit the form by choosing the “Enter” button on the page. Entries have been successfully submitted when the confirmation page is shown.
Entries must be received during the Sweepstakes Period, as determined by the time that webpage form indicates the Entry was received. DO NOT INCLUDE, in your submission, images or audio/video clips. The Sponsor reserves the right to delete and/or disqualify any Entry that does not directly answer the questions posed on the Sweepstakes page or that contains objectionable language or other objectionable material as determined by Sponsor in its sole discretion. Each Entrant who uses this Entry Method understands that these Entries will be collected by and through a web from (to be included amongst those Entries that are included in the Drawing (defined below)). In the event of a dispute as to any Entry, the authorized account holder of the provided email address will be deemed to be the Entrant. (The “authorized account holder” is the natural person assigned the email account. Potential winners may be required to show proof of being the authorized account holder.)
Method 2: Mail-in Entry: You may enter the Sweepstakes via mail by doing the following, the completion of which will comprise an Entry under this “Mail-in Entry” method: (a) on a 3x5 card, legibly print your name, complete address, daytime phone number, email address (if applicable) and date of birth and (b) mail the 3x5 card to “Win Free Froyo For a Year Sweepstakes”, P.O. Box 606, Owings Mills, MD 21117.
Mail-in Entries must be hand-printed, mailed separately, and bear sufficient postage. They must be postmarked by December 31, 2019 and received at the above-provided address by January 6, 2020. No telephoned, faxed or mechanically reproduced Entries will be accepted, and proof of submission of an Entry will not be deemed to be proof of receipt of such Entry.
2. PRIZES: A total of one prize (the “Prize”) will be awarded in this Sweepstakes as follows:
ONE PRIZE: One Prize winner (the “Winner”) will receive Yogurt Mountain Frozen Yogurt for a year. The prize will be awarded in the form of a “Master of the Mountain” promotional card allowing the Winner one cup, up to 6 ounces per day, for 363 days (closed on Thanksgiving and Christmas Day) to expire one year from the day the card is issued and valid only at one location of the Winner’s choosing. The estimated daily retail value of the prize is $3.54, so the total estimated retail value of the prize is $1,285. The Winner may not substitute the Prize for its cash equivalent. Winner is responsible for all transportation, lodging and/or all other travel and incidental costs relating directly or indirectly to such Winner’s acceptance and use of the Prize. Sponsor reserves the right to replace the Prize with any article or service of similar or greater value at its sole discretion. The Prize may not be assigned or transferred. The odds of winning the Sweepstakes depend on the number of eligible Entries received by both Entry Methods during the Sweepstakes Period.
The Winner is responsible for all applicable federal, state and local taxes and any other fees or costs associated with winning and/or accepting the Prize. The Winner may be issued an IRS Form 1099 for the value of the Prize and is advised to seek independent tax advice regarding the tax implications of accepting the Prize.
3. ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States and the District of Columbia, who are 13 years of age or older at the time of Entry. Entrants must submit all required information to be eligible to win. The Sponsor and its respective promotions agencies, MGH, Inc. (the “Administrator”), and any of their respective parent companies, subsidiaries, and affiliates, and such companies’ officers, directors, partners, principals, partnerships, employees or agents (collectively, the "Sweepstakes Entities") and their immediate families (defined as spouse, mother, father, sisters, brothers, sons and daughters, regardless of where they reside) and members of their households (whether related or not) are ineligible to participate in the Sweepstakes. Sponsor and Administrator have the right to verify the eligibility of each Entrant.
4. DRAWINGS: All eligible Entries received during the Sweepstakes Period will be entered into a Sweepstakes drawing (the “Drawing”). Pursuant to the Drawing, one potential Winner will be randomly selected from among all valid Entries on or about January 7, 2020.
5. NOTIFICATION: Following the Drawing, the potential Winner will be notified via telephone or email on or about January 7, 2020. Each Entrant is responsible for monitoring his/her Facebook account, email and/or telephone line for notification that he or she is a potential Winner or for other communications related to this Sweepstakes. If a potential Winner does not respond to the Winner notification within 72 hours, or if Prize notification is returned as undeliverable, that potential Winner shall forfeit the Prize. Upon the request of the Sponsor or Administrator, the potential Winner may be required to return an Affidavit of Eligibility Release and Prize Acceptance Form and IRS W-9 form. If a potential Winner fails to comply with these Official Sweepstakes Rules, such potential Winner will be disqualified.
6. CERTAIN ADDITIONAL CONDITIONS: Entrants assume all risk of loss, damage, destruction, delay or misdirection of materials/mail/email submitted in connection with the Sweepstakes. Sponsor reserves the right, in its sole discretion, without prior notice and at any time, to cancel, terminate or suspend the Sweepstakes should virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor corrupt or impair the administration of the Sweepstakes. In such case, the Winner may be selected from all eligible Entries received prior to and/or after (if applicable) the action taken by Sponsor. At its sole discretion, Sponsor may disqualify any person whom it considers to have intentionally violated these Official Sweepstakes Rules or any element of the Sweepstakes. Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning the Prize, in its sole discretion, if it determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception (including the use of automated quick entry programs) or other unfair playing practices, or intending to annoy, abuse, threaten or harass any other Entrants, potential entrants, or the Sweepstakes Entities. By participating, the Entrants agree to be bound by these Official Sweepstakes Rules and the decisions of Sponsor and to waive any right to claim ambiguity in these Official Sweepstakes Rules. The Sweepstakes Entities shall have no liability whatsoever and shall be released, discharged, indemnified, and held harmless for any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from the participation and/or entry in the Sweepstakes, including, without limitation, the winning and/or use of the Prize, and Entrant agrees to sign any documents that the Sponsor or Administrator may request to evidence this release. Without limiting the foregoing, the Sweepstakes and the Prize are provided “AS IS” without representation of 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 the implied warranties, so some of the aforementioned limitations or exclusions may not apply. Check local laws for any restrictions or conditions regarding these limitations and/or exclusions. The Sweepstakes Entities are not responsible for technical, hardware, software or telephone failures of any kind, lost or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, whether caused by Sweepstakes Entities, users or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by technical or human error which may occur and/or which may damage a user's system, hardware or software or limit a participant's ability to participate in, or enter, the Sweepstakes. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
8. PUBLICITY: By participating, each Entrant grants Sponsor permission to use his/her name, address, city, state, photograph, videotape or any likeness, and the content of his or her Entry (for example, as described on his/her Internet Entry or mail-in Entry), for advertising or publicity purposes without payment of additional consideration, except where prohibited by law.
9. APPLICABLE LAW: These rules are governed by the laws of the State of Alabama without giving effect to conflicts of law rules.
10. ARBITRATION: Except where prohibited by law, as a further condition of participating in the Sweepstakes, Entrant agrees that (a) any and all disputes and causes of action arising out of or connected with the Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively, by final and binding arbitration in accordance with the Federal Arbitration Act (“FAA,” Title 9 of the United States Code) under the auspices of the American Arbitration Association ("AAA"); (b) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (c) judgment upon such arbitration award may be entered in any court having jurisdiction. YOU HAVE A RIGHT TO OPT OUT OF THIS ARBITRATION PROVISION. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO THIS PROMOTION, THEN WITHIN 30 DAYS FROM THE DATE OF YOUR ENTRY, YOU MAY OPT OUT OF THIS, AND ONLY THIS, PART OF THESE OFFICIAL SWEEPSTAKES RULES BY NOTIFYING THE SPONSOR OF SUCH OPT-OUT REQUEST BY PROVIDING WRITTEN NOTICE AND MAILING SUCH NOTICE TO: YOGURT MOUNTAIN, 402 INDUSTRIAL LANE, BIRMINGHAM, AL 35211 (ATTN: ARBITRATION REJECTION). Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorney's fees, and Entrant further waives all rights to have damages multiplied or increased.
11. WINNER LIST: To receive notification of the identity of the Winner, which shall be available after January 7, 2020, please send a self-addressed, stamped envelope by February 29, 2020 to: “Win Free Froyo For a Year Sweepstakes Winner List”, 100 Painters Mill Road, Suite 600, Owings Mills, MD 21117.
12. SPONSOR: Yogurt Mountain Franchising, LLC, 402 Industrial Lane, Birmingham, AL 35211