INTERNATIONAL DELIGHT COACHELLA SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law and outside the 50 United States and DC. Subject to all federal, state, and local laws, regulations, and ordinances. Sweepstakes begins on March 26, 2024 at 12:00:00 a.m. Eastern Time (“ET”) and ends on April 1, 2024 at 11:59:59 p.m. ET (the “Sweepstakes Period”). Administrator’s computer is the official time keeping device for this Sweepstakes. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH META AND INSTAGRAM, INC.
Eligibility: The International Delight Sweepstakes (the “Sweepstakes”) is open to legal U.S. residents currently residing in the 50 United States including the District of Columbia who are 18+ and the age of majority (19 yrs+ in AL and NE, 21 yrs+ in MS) or older as of the date of entry [“Entrant(s)”]. Employees, officers, and directors of Danone US, LLC (“Sponsor”, or “Company”) and Don Jagoda Associates, Inc. (“Administrator”), Anschutz Entertainment Group, Inc., AEG Presents LLC, Goldenvoice, LLC and any of their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, web site providers, web masters (collectively, “Sweepstakes Entities”), 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. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s and/or Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winners.
Sponsor/Administrator: Danone US, LLC, 12002 Airport Way, Broomfield, CO, 80021, United States, (303) 635-4000; Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747, United States, (631) 454-1800.
How to Enter: During the Sweepstakes Period, go to www.instagram.com or open the Instagram app on your mobile device, follow @indelight and @victoriajustice on Instagram, like the Sweepstakes post, and tag one (1) friend in the comment section. You must be a member of Instagram and your account must be set to the “public” setting in order to participate; joining Instagram is free. Upon completion, you will be entered with one (1) entry into the Sweepstakes. You must provide all required information to be eligible to enter and win. Potential winner is subject to verification before prize will be awarded. By registering, you agree that Sponsor may contact you via Instagram, by sending you a direct message, tagging you, posting to your Instagram page or naming you on their Instagram page. For additional entries to be eligible (up to 5), you must tag a different friend in each comment. Limit: LIMIT FIVE (5) UNIQUE ENTRIES PER PERSON. ADDITIONAL ENTRIES WILL BE DISQUALIFIED. Automated or bulk entries or entries submitted by third parties will be disqualified. Entries must be submitted by the Entrant. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that Entrant’s entries, and that Entrant may be disqualified at Sponsor’s and/or Administrator’s discretion. Multiple Entrants are not permitted to share the same email address. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the email address associated with your Instagram account will be deemed to be the Entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. Entrant’s social media profiles must be keeping with Sponsor’s image or he/she/they may be disqualified.
Potential winner may be required to show proof of being the authorized account holder to the Sponsor and/or the Administrator or forfeit the prize. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. You must complete all required information to be eligible to enter.
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. Sweepstakes is in no way sponsored, endorsed or administered by Meta and Instagram. If you enter, you are providing your information to Sponsor, not to Meta or Instagram.
Entries, comments and content submitted or uploaded to Instagram in connection with this Sweepstakes (collectively, “Content Submissions”) may not contain, depict or show any content that: (i) is sexually explicit or suggestive, offensive, lewd, profane, obscene, or contains nudity or racist innuendo; (ii) promotes any activities that may appear unsafe or dangerous, or any political agenda or message; (iii) defames, misrepresents or contains disparaging remarks about Sponsor or other companies; (iv) contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) or copyrighted materials (including photographs, sculptures, paintings, and other works of art or images published via websites, television, movies or other media) owned by others, without permission; (v) contains any personal identification, such as license plate numbers, last names (first names are permitted), e-mail addresses or street addresses for any person other than Entrant, or otherwise infringes on the privacy of any person other than an Entrant; (vi) communicates messages or images inconsistent with the positive image and good will of Sponsor’s brand; and/or (vii) violates any law. Any Content Submissions that contain, depict or show such content; that exceed any required file size or length limits imposed by the Sweepstakes Entities or Instagram; and/or that violate these Content Submission requirements and/or the terms of these Official Rules will be disqualified. The Sweepstakes Entities reserve the right in their sole and unfettered discretion to disqualify any Content Submission that they believe is inappropriate or not suitable for publication, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Sweepstakes.
If the Content Submission contains an identifiable person other than the Entrant who submitted the Content Submission, by submitting the Content Submission, the Entrant represents and warrants that he/she has obtained the consent of such person to the use of the Content Submission as outlined herein (and such person is of the age of majority) and such person may be required to provide written consent to the Sweepstakes Entities’ use of the Content Submission.
By submitting a Content Submission, Entrant explicitly acknowledges and agrees that the Sponsor and its legal representatives, successors and assigns shall have the irrevocable, worldwide right in perpetuity to license, sub-license, edit, alter, post, reproduce, publicly display and publish, in any media, including online, any or all material which you upload to any websites (including, without limitation, social media sites) associated with the Sweepstakes, with or without first and/or last name credit to the Entrant without any additional consideration or approvals from or to Entrant; and Content Submissions that attempt to restrict this right will not be considered. Each Entrant warrants and represents that his/her Content Submission is original, has not been previously published or won any award, complies with any applicable community guidelines, terms of use, and any other binding terms on www.instagram.com, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks or rights of privacy or publicity, complies with these Official Rules, and will not violate any federal, state or local laws or ordinances.
Selection of Winner: Winner will be chosen at random. On or about April 2, 2024, Sponsor will select the name of the one (1) potential winner of the Grand Prize in a random drawing from among all entries received. The odds of winning are based on the number of eligible entries received. The potential winner will be notified by direct message on Instagram on or about April 3, 2024. Except where legally prohibited, the potential Grand Prize winner will then be notified via email and must sign and return, within seven (7) days of being notified, an Agreement of Eligibility, Liability & Publicity Release and Assignment of Rights (“Agreement”) or similar legal document in order to claim his/her prize. If potential winner cannot be contacted via direct message on Instagram and then email after the first attempt to contact him/her, or if he/she fails to sign and return the Agreement within the required time period (if applicable), or if potential winner and his/her guest are unavailable to use the prize within the time period specified by Sponsor, or in the event that the potential winner is disqualified for any reason, Sponsor will award the prize to an alternate winner selected by a random drawing from among all remaining eligible entries. Only five (5) alternate drawings will be held (time permitting), after which the remaining prize will remain un-awarded.
Verification of Potential Winner: POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR AND/OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF THE PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
Prizes: One (1) Grand Prize (the “Grand Prize”): The Grand Prize consists of two (2) VIP passes to attend the 2024 Coachella Valley Music & Arts Festival in Indio, California for Weekend 1 (April 12 to April 14, 2024) (“Event”). Air transportation, hotel accommodations and food, beverages, merchandise or other amenities are not included. Approximate Retail Value (“ARV”) of the Grand Prize: $3,000.00.
Prize Restrictions: Prize must be used on date specified for the Event and all details are in Sponsor’s sole discretion. Winner and guest agree to follow any applicable Covid protocols that may be in place at time of Event. Winner’s guest must be 18 years of age or older and guest must execute a Release prior to prize usage. Released Parties (defined below) are not responsible for the cancellation or rescheduling of the Event, and Sponsor or Administrator may in their sole discretion award a substitute prize of equal or greater value. Sponsor and the other Released Parties are not responsible for lost, mutilated or stolen Event documents. In the event Grand Prize winner or his/her guest engages in behavior that (as determined by Sponsor in Sponsor’s sole discretion or any other Released Party in their sole discretion) is inappropriate or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor and each of the other Released Parties respectively reserve the right to eject them from the Event, in whole or in part, with no further compensation to the winner or guest. Winner is prohibited from selling, auctioning, trading or otherwise transferring any Event tickets or passes. Winner and guest (if any) must abide by all Event and venue rules and regulations, including the Event’s ticket terms, which are available at https://www.aegpresents.com/festival-ticket-terms. Any and all applicable federal, state, and local taxes (including but not limited to income and sales taxes) and all fees, expenses, service charges, gratuities, and other costs related to acceptance and use of prize 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, at its sole discretion, to substitute prize of equal or greater value if the advertised prize is unavailable. Winner is responsible for any loss of prize or portion of prize after it has been delivered. Sponsor will not replace any lost or stolen prize. Prize cannot be used in conjunction with any other promotion or offer and cannot be resold. Only the one (1) prize stated in these Official Rules is available to be won. Winner will be issued a 1099 tax form for the actual retail value of prize.
General Conditions: This Sweepstakes is governed by the laws of the State of New York. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s and/or Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. 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. Sponsor, Don Jagoda Associates and their agencies are not responsible for lost, late, incomplete, damaged, stolen, or misdirected entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor and Administrator. 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 WEB SITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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 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) cancel or terminate the Sweepstakes (or any portion thereof) and award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment
Publicity; Limitations of Liability and Release:
BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT THE SWEEPSTAKES ENTITIES, SPONSOR, ADMINISTRATOR, INSTAGRAM AND THEIR AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING AGENCIES, 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 SWEEPSTAKES OR IN ANY SWEEPSTAKES RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THE 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 SWEEPSTAKES, 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 INSTAGRAM OR ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE SWEEPSTAKES 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 CONTENT SUBMISSIONS, CREATIVE SUGGESTIONS, IDEAS, NOTES, CONCEPTS OR OTHER MATERIALS (COLLECTIVELY, “SUBMISSIONS”) THAT ENTRANT MAY SUBMIT TO SPONSOR OR POST IN CONNECTION WITH THIS SWEEPSTAKES, INCLUDING ALL RIGHTS EMBODIED THEREIN, WITH THE EXCEPTION OF PERSONALLY IDENTIFIABLE INFORMATION, 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 TO THE SPONSOR AND ITS LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AN IRREVOCABLE, AND WORLDWIDE LICENSE TO USE IN PERPETUITY 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. SUBMISSIONS WILL NOT BE RETURNED TO ENTRANTS.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING INSTAGRAM, ANY OTHER WEBSITES/SOCIAL MEDIA OUTLETS AND THE PRIZE, 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.
Disputes. Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of New York or the appropriate State Court located in Westchester County, 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 Sweepstakes, 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 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 (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
Privacy: Any personal information sent to, shared with or collected by Sponsor or Administrator, if applicable, in connection with this Sweepstakes is subject to Sponsor’s Privacy Policy found at http://www.danonenorthamerica.com/privacy-policy.html and Administrator’s Privacy Policy, found at www.dja.com/privacy-policy and you understand that you are providing such information to Sponsor and/or Administrator and not to any social media site. Sponsor and Sponsor’s agents, affiliates, subsidiaries, representatives or service providers may use Entrants’ personal information for purposes of prize fulfillment.
Winner List: For the winner info, available after April 12, 2024, send an email to: InternationalDelightSweepstakes@hunterpr.com. Winner’ list will be sent after the prize has been fulfilled.
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