1. Sweepstakes Period: The National Coffee Day Giveaway (“Sweepstakes”) begins at 11:59 PM Eastern Time (“ET”) on September 27, 2021 and ends at 11:59 PM ET on September 29, 2021 (“Sweepstakes Period”).
2. Eligibility: The Sweepstakes is open only to legal residents who are 18 years of age or older as of date of entry and living in the 50 United States and the District of Columbia, excluding California, Colorado, Kansas, Louisiana, Nevada, Tennessee and Wisconsin. For purposes of these Official Rules, Sweepstakes Entities shall mean fairlife, LLC (“Sponsor”) and parent companies, subsidiaries, affiliates, advertising/marketing agencies and their respective directors, managers, officers, employees or agencies, partners, and prize suppliers. By entering the Sweepstakes, participants (“Entrants”) are bound by and agree to these Official Rules. All federal, state, and local laws and regulations apply. Void where prohibited by law.
3. How To Enter: Consumers will have a chance to win by interacting with our Instagram posts. You must have an Instagram account and have your account settings set to public (not private). To enter:
• Follow the fairlife Instagram account.
• Like our post and let us know which flavor you like most.
• Finally, tag friend.
BONUS ENTRY: Share a story or post about your favorite way to use fairlife creamers and tag us!
An Instagram can be opened for free by downloading the Instagram application from the Apple store or Google Play. Entries must be complete to be eligible. Limit one entry per household as determined in the Sponsor’s sole discretion or two with bonus entry. Eligible Submissions received by the end of the Sweepstakes Period will be entered to win.
Any attempt by any entrant to enter by using multiple/different email addresses, mailing addresses, identities, registrations and logins, or any other methods will void such Entries and that entrant may be disqualified. Use of any automated or computer system to participate online is prohibited and will result in disqualification. Normal Internet/phone access and data/usage charges imposed by your online/phone service may apply.
All Entries must be received by 11:59 PM ET on September 29, 2021 to be entered. All Entries must adhere to the Entry restrictions and the entire Official Rules of the Sweepstakes and guidelines set forth herein. Any Entry that does not adhere to these Entry restrictions, the Official Rules or the guidelines of any Entry site is subject to disqualification from the Sweepstakes.
4. Rights: Once submitted, Entries becomes the sole property of Sponsor and cannot be modified by entrant. By submitting an Entry, each entrant gives permission (and warrants and represents that he/she has obtained all rights necessary from third parties to give such permission and grant the license herein described) to Sponsor and its licensees, sublicensees, successors, and assigns, the exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license (including but not limited to, all intellectual property and proprietary rights including without limitation patents, trademarks, and copyrights) to use, perform, exhibit, reproduce, manufacture, construct, tailor, distribute, sell, offer to sell, import and/or otherwise exploit the Entry in any manner and in any and all distribution channels, venues or media now known or hereafter devised (collectively, the “License”). The rights granted pursuant to the License shall also include, without limitation, the right to: (a) change, alter, distort, edit or revise the Entry, or any part thereof; and (b) make derivative works based on the Entry, or any part thereof. Entrant agrees to sign any documents required by Sponsor upon request (and without compensation) to confirm such License. Entrant further agrees that (a) Sponsor does not owe him/her a duty of confidence (or fiduciary duty or the like) and that he/she has no expectation of privacy as to his/her entry and (b) Sponsor has wide access to ideas, stories, designs and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) his/her Entry and that Sponsor shall have no liability to entrant or any third party in conjunction therewith.
Sponsor grants to each qualified entrant a limited, non-transferable, non-exclusive, non-sublicensable, revocable right to use its and/or its licensor’s trademarks solely for purposes of and limited to their Entry submitted in this Sweepstakes; such right and license will automatically expire without further act of any party at the expiration of the Sweepstakes Period, unless specifically extended on an individual basis by Sponsor in writing in its sole discretion. Any other use of Sponsor’s and/or its licensors’ trademarks will be a violation of Sponsor’s or its applicable licensors’ intellectual property rights.
5. Random Drawing: The Prize winners will be selected in a random drawing on or within three (3) business days after the end Sweepstakes Period. The random drawing will be conducted by the Sponsor. The decisions of the Sponsor are final and binding on all matters relating to the Sweepstakes. The odds of winning a prize depend on the total number of eligible Entries received during the Sweepstakes Period in accordance with these Official Rules. Prizes will be awarded provided a sufficient number of eligible Entries are received for each drawing. Winner Notification/Verification: Winners that entered through social media will be sent a direct message (“DM”) from the fairlife Instagram account and will have 24 hours to respond to the DM with their email address or prize may be forfeited. The Prize winners will receive an email to confirm their eligibility/provide an assignment of rights and provide their prize choice and delivery address within three (3) days of notification or prize may be forfeited and an alternate winner will be selected. Failure to reach any potential winner within the timeframes stated above or return of any prize notification as undeliverable may result in disqualification and an alternate winner may be selected. Potential winners are subject to verification by Sponsor and/or Sponsor’s designated agent, whose decisions are final and BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.
6. Prizes and Approximate Retail Values (“ARV”): Up to five (5) winners will be selected. Each winner will receive an exclusive fairlife creamer prize pack, including a few of fairlife’s favorite flavors (ARV: $30.00; Total ARV: $150.00). Any and all taxes on the prize will be the responsibility of the winners. Sponsor shall not be responsible for any delays, damage in the delivery of the prize, and/or loss of any prize in connection with delivery of the prize via mail. In the event that there is an insufficient number of eligible entries, Sponsor reserves the right not to award the prizes. Any portion of the prize not accepted or unclaimed and/or unused by the Promotion winner will be forfeited and will not be substituted. Prizes are nontransferable, non-assignable, and no substitution or cash redemption is allowed, except that Sponsor reserves the right to award an alternate prize of equal or greater value if the advertised prizes are unavailable or more prizes in their sole and absolute discretion.
7. General Rules: Incomplete, corrupted, or untimely Entries are void and will be disqualified. Sweepstakes Entities are not responsible for lost, late, incomplete, damaged or misdirected Entries/winner notification documents; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer/phone equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of Entry will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address, Instagram account used to enter will be deemed to be the entrant. “Authorized account holder” of an email address is the natural person in whose name the email address has been issued. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion, and in the event of cancellation, the prizes will be awarded in random drawings from among all eligible Entries received for each applicable drawing in accordance with these Official Rules prior to cancellation. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW; SHOULD ANY SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. 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, and/or the legitimate operation of the Sweepstakes; 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. If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect Entries and (a) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at random from among all eligible Entries received for each drawing in accordance with these Official Rules prior to cancellation.
8. Warranties and Representations; Release of Liability: You hereby hold each of the Sweepstakes Entities and each of their respective officers, directors, members, managers, employees, agents, representatives, successors and assigns (the “Released Parties”) harmless from and against any third party claim arising from use of any Entry and you waive any right to inspect or approve uses of your Entry by Sponsor in connection with the Sweepstakes or to be compensated for any such uses. Participating in the Sweepstakes constitutes permission to the Sponsor to use a winners’ name, address, likeness and Entry in connection with the administration of the Sweepstakes only and as otherwise required by law. By participating in the Sweepstakes, the entrant agrees that Released Parties will have no liability whatsoever for, and will be held harmless by entrant for any liability for any bodily injury, loss or damages of any kind to persons, including death, and property, due in whole or in part, directly or indirectly, from Entry, the acceptance, possession, use or misuse of prize or component thereof, if applicable, or participation in the Sweepstakes or participation in any Sweepstakes related activity. You hereby represent and warrant that you have read these Official Rules and are fully familiar with their contents and agree to be bound by them.
9. Disputes: ENTRANTS/WINNER AGREE THAT: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THE SWEEPSTAKES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF ILLINOIS, U.S.A., WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER LAWS. Entrants/winners are solely responsible for compliance with all applicable laws, rules and regulations including but not limited to tax and similar reporting obligations imposed by federal, state and local authorities. As a condition of participating in the Sweepstakes, each entrant/winner agrees that in any and all disputes that cannot be resolved between the parties and in any causes of action arising out of or connected with the Sweepstakes, the exclusive procedure for resolving the dispute shall be arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules before one arbitrator in Chicago, Illinois. Judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction. The arbitrator shall be selected from the AAA’s large, complex case panel. Absent good cause or the parties’ agreement, the award shall be rendered within six months of the arbitrator’s selection. The arbitrator shall award reasonable attorneys’ fees and costs to the prevailing party. Except as may be required by law, neither party nor the arbitrator may disclose the existence, contents, or results of anything related to the arbitration, including but not limited to pleadings, motions, briefs, discovery, depositions, hearings, or award without all the parties’ prior written consent. The only exception to the exclusive procedure of arbitration is that either party may bring in court an action for injunctive relief pending arbitration. Each party consents to personal jurisdiction and venue in the state or federal courts in Chicago, Illinois, which shall be the exclusive venue for any court action between the parties.
FURTHER, IN ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES WILL ENTRANT/WINNER BE PERMITTED TO OBTAIN AWARDS FOR AND HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE; INCIDENTAL; OR CONSEQUENTIAL DAMAGES, INCLUDING REASONABLE ATTORNEYS’ FEES, AND ENTRANT/WINNER FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
11. Winners’ List: For the winner names or a copy of official rules, send a self-addressed stamped envelope to: ATTN: Communications Department, 1001 West Adams Street, Chicago, IL 60607.
12. Sponsor: The Sponsor of the Sweepstakes is fairlife, LLC, 1001 West Adams Street, Chicago, IL 60607. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to fairlife, LLC and not to Instagram.