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Official Rules

 

noosa Cream of the Crop August 2018 Promotion

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN.

Promotion is void where prohibited by law.

 

BY PARTICIPATING IN THIS PROMOTION, YOU AGREE TO THE FOLLOWING OFFICIAL RULES:

  1. PROMOTION DESCRIPTION. The noosa Cream of the Crop August 2018 Promotion (the "Promotion") begins on August 1, 2018 at 12:00:01 a.m. Eastern Time ("ET") and ends on August 31, 2018 at 11:59:59 p.m. ET (the "Promotion Period"). Participation in the Promotion is also governed by the noosa Cream of the Crop Fan Program (the “Fan Program”), the Terms and Conditions associated therewith  (the “Program Terms”) Noosa’s Privacy Policy (the “Noosa Privacy Policy”), and SocialToaster’s Privacy Policy. The Program Terms and Privacy Policies are incorporated into these Official Rules as if fully set forth herein.  In case of a conflict between the Program Terms, the Noosa or SocialToaster Privacy Policies and/or the Official Rules, the Program Terms shall govern.

The Promotion consists of a Point Threshold Challenge, and a Sweepstakes.

Participation in the Promotion does not constitute participation and/or entry into any other promotion, contest or sweepstakes sponsored by or affiliated with the Fan Program, Noosa, or SocialToaster.  By participating in the Promotion, each participant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Noosa (defined below), which shall be final and binding in all respects.

  1. SPONSOR AND ADMINISTRATOR. The sponsor of this Fan Program is Noosa Yoghurt ("Sponsor" or “Noosa”). The administrator of this Promotion is SocialToaster, Inc., 1101 E. 33rdSt, Suite B304, Baltimore, MD 21218 ("Administrator" or “SocialToaster”). Administrator's computer is the official time-keeping device for this Promotion.
  2. ELIGIBILITY. This Promotion is open only to legal United States residents residing in the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older, and who have joined the Fan Program (each a “Member” and collectively, "Members"). Registration in the Fan Program as a Member is free. For details on how to become a Member, see below. Only “Verified Members” may participate in this Promotion. In order to be considered a Verified Member and earn points for this Promotion, Members must have connected a social account to their Member Accounts and must have 25 friends on Facebook or 25 followers on Twitter.

Employees, shareholders, officers, directors, agents, and representatives of Noosa and SocialToaster and their immediate family members and/or persons living in the same household, are not eligible to win a prize. Additionally, any person who either is already a member of five (5) or more programs operated by Administrator, regardless of the sponsor of those other programs, or who has been removed from any other program operated by Administrator is ineligible to participate in this Promotion.

  1. HOW IT WORKS.Visit noosayoghurt.socialtoaster.com (the “Website”) and, if you have not already done so, follow the instructions to create a Member Account and register for the Fan Program. To create a Member Account, you must provide and/or confirm your full name and email address, and you must confirm that you have read, understand and agree to Noosa’s Privacy Policy and the Program Terms.   Members may authorize social networking sites such as Facebook or Twitter (each, an “Approved Platform” and collectively, the "Approved Platforms") or may use their email addresses to sign up for the Promotion.  Members are not required to authorize Approved Platforms to either join the Fan Program or to participate in the Promotion.

Verified Members will earn points for “Qualifying Activities” during the Promotion.  A comprehensive list of the Qualifying Activities, instructions for completing the Qualifying Activities, and a description of corresponding point values for each Qualifying Activity are available on the Website.  The Website may be updated from time to time, and all Qualifying Activities must be completed via the Website.

Verified Members who join the Fan Program during the Promotion Period will automatically earn 100 points or one (1) entry.  During the Promotion Period, Verified Members will receive one (1) or more emails from Noosa inviting them to share Noosa content as provided for in the email/s (“Official Content”) in order to earn additional points.  To earn points, Verified Members must share the Official Content in its entirety, including the required disclosure that the Verified Member is participating in the Promotion.  Members may also opt to allow Noosa to post on behalf of a Member on that Member’s Approved Platform sites by selecting the “auto post” option when creating the Member Account. 

Points are available for Qualifying Activities only, and thus only actions (i) taken via the SocialToaster Application or on Approved Platforms connected to the Member Account, (ii) with respect to content shared on social networks via SocialToaster, (iii) with respect to emails sent from the SocialToaster Application will accrue points in connection with this Promotion. Promotion Points cannot be sold, bartered, traded, combined, reassigned or transferred, and they have no cash or credit value.

By participating in this Promotion, each Verified Member acknowledges and agrees that he or she must clearly and conspicuously disclose that he or she is participating in this Promotion in any post to an Approved Platform that either references the Promotion or that is used to earn points in connection with this Promotion. Noosa reserves the right in its sole discretion to disqualify any Verified Member and void all of his or her associated entries for failure to adequately disclose his or her participation in this Promotion.  All entries, Official Content and original Member Content that is shared as part of this Promotion is Noosa’s property and each entrant agrees to grant and assign the copyright in all such shared content to Noosa worldwide in perpetuity, unless prohibited by law.

  1. LIMITATIONS AND EXCLUSIONS ON QUALIFYING ACTIVITIES. Verified Members may earn points through Qualifying Activities and by posting “Member Content.” Member Content includes but is not limited to Member activities in connection with this Fan Program Promotion, including Tweets, re-Tweets, comments, updates and content, including Official Content, that Members upload to SNS sites in connection with this Promotion are subject to the following limitations and exclusions:
  1. Member SNS sites must be open to the public (i.e. anyone can subscribe to follow Member and to see Member Content).  Member Content is not eligible to accrue points if a Member shares that content via a social sharing platform account that is locked or set to a private option. 
  2. Member Content is not eligible to accrue points if it is distributed to fewer than twenty-five (25) followers.
  3. Member Content must include all required disclaimers as directed by Noosa.  Member Content that does not include required disclaimers is strictly prohibited and shall not count as a Qualifying Activity.  Noosa may, in its discretion, disqualify any Member who engages in conduct that violates this section. 
  4. Member Content must comply with these Program Terms and the terms applicable to Members of each SNS site or Approved Platform to which it is submitted, and Member Content must be submitted by the registered subscriber of the applicable SNS site or Approved Platform.
  5. Members may not operate multiple accounts, whether in their name or handle, or using alternative names or handles, at a single Approved Platform for purposes of participating in the Fan Program.  Members who operate and use multiple SNS sites or Approved Platforms to share or re-tweet Member Content will be disqualified from this Program.
  6. Member Content must be in English, may not include gibberish, nonsense keywords, random characters or hyperlinks to sites or content unrelated or otherwise not relevant to Noosa, the Fan Program, or Noosa’s business.  
  7. Member Content intended to promote the Member’s or any other business activities, or which is derogatory, includes profane or vulgar language or personal attacks is prohibited.
  8. Members may not use fake SNS sites or Approved Platform accounts in connection with this Fan Program.  Members also may not use SNS sites or Approved Platform accounts that are not registered to Member for purposes of this Fan Program or for any Qualifying Activity. 
  9. The creation of fake Members and Member Accounts is strictly prohibited.  Members will not receive recruitment points for Members whose identity cannot be confirmed.
  10. You will not earn points, and your Member Account may be terminated, for sharing Member Content via an Approved Platform account on any network where the majority of communications from that Approved Platform account are used to earn points, to post repetitive messages on one or more Approved Platform accounts, to share Member Content that is not relevant to Sponsor or its business.
  11. Members will earn points for only the first comment or retweet for Member Content.  Thus, if a Member’s friend or follower likes, comments on, or retweets the same Member Content multiple times, the Member will earn points only for the first action the friend or follower takes with respect to a particular post or update.  Members may not earn points if the post, comment, or shared item is more than 2 weeks old at the time it is re-Tweeted, liked, or commented upon. 
  12. Member Content that is posted or liked on an Approved Platform and subsequently removed, deleted, or “unliked” will not earn points.  Noosa may, in its discretion, disqualify any Member who engages in conduct that violates this section. 
  13. Member Content, including any posts, updates or comments to the Member Content, that references points being earned or as rewarding another Member with points, is prohibited and may result in disqualification.
  14. Member Content 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 Noosa or any other Program Entity; (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 Member; (vi) communicates messages or images inconsistent with the positive image and good will of Noosa’s brand; and/or (vii) violates any law. Additionally, all Member Content uploaded in connection with the Fan Program must comply with the applicable Approved Platform’s Terms and Conditions.  All third-party content and content unoriginal to you, other than Official Content, is prohibited.
  15. Member Content that, in Noosa’s discretion, is posted in order to manipulate the leaderboard, the results of any sweepstakes, contest or promotion operated by Noosa, this Fan Program or other Noosa engagement programs, whether to boost the popularity of a Member’s own Member Content or to diminish the popularity of other Members’ Member Content, will disqualify the Member from this Fan Program and will not earn points.
  16. Any leaderboard or other publication of Sponsor providing unvalidated, interim standings between Members in connection with a sweepstakes, contest or other promotion is provided for informational purposes only. A Member is not a winner of any reward or prize, even if a leaderboard should so indicate, unless and until the Member’s eligibility and Qualifying Activities have been verified under the Official Rules of the applicable sweepstakes, contests, or promotion.
  17. No robotic, software-generated, other automated, purchased or incomplete Qualifying Activities will earn points.  Gaming, fraud or abuse relating to the earning of points may result in forfeiture of accrued points as well as termination of a Member Account and/or this Fan Program, in Noosa’s sole discretion. 

In the event of a dispute over the identity of a Member, the Member will be deemed to be the authorized account holder of the e-mail address identified at enrollment into this Fan Program, which authorized account holder must also be the subscriber of the applicable Approved Platform account used to earn points. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute, social sharing site) that is responsible for assigning e-mail addresses for the domain associated with the applicable e-mail address. Noosa, in its sole discretion, reserves the right to disqualify any person tampering with the enrollment, points accrual process, or operation of this Fan Program or who is otherwise attempting to undermine the legitimate operation of this Fan Program in any manner. Use of bots or other automated processes to enroll, engage in activities, or earn points in connection with this Promotion or any other sweepstakes, contest or other promotion offered in connection with the Fan Program, is prohibited and may result in disqualification at Noosa’s sole discretion.

  1. PROMOTION DESCRIPTION; WINNER SELECTION

For all promotions, odds of winning depend on the total number of eligible entries received during the applicable Participation Period.  All winners are potential prize winners, pending verification of Promotion eligibility and compliance with these Official Rules, including Paragraph 7, below.

Points Threshold Challenge. The Points Threshold Challenge allows eligible Verified Members to earn points by completing Qualifying Activities as described in the Program Terms and Points Chart. Verified Members who reach designated point thresholds through the participation in the Promotion and Fan Program by the conclusion of each Promotion Period will be awarded prizes as described in section 8.  All prizes are subject to verification of Member eligibility and compliance with these Official Rules.

Sweepstakes. Noosa will award twenty-five (25) sweepstakes prizes at the end of the Promotion Period.  Verified Members will receive one (1) entry into the Sweepstakes for every 100 points earned during the Promotion Period, and potential prize winners will be randomly selected from all eligible Sweepstakes entries. 

  1. PRIZE NOTIFICATION. The potential prize winner(s) will be notified by telephone and/or mail and/or e-mail, using contact information associated with the Member Account. Noosa shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason.  If, despite reasonable efforts, a potential winner does not respond within seventy-two (72) hours of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected based on the point/new recruit totals, as applicable.  Noosa, in its sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed.  If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected.  Noosa’s decisions are final and binding in all matters relating to this Promotion.  The odds of winning depend on the number of eligible entries received during the Promotion Period.
  2. PRIZES/APPROXIMATE RETAIL VALUE:

Limit one (1) Sweepstakes prize per Member per month.  No limitations for other promotion prizes.

Point Threshold Prizes

Threshold 1: The first one hundred and twenty Members (120) who earn 1,000 points will win a Threshold 1 prize.  Each prize consists of a noosa mason jar.  The approximate retail value “the ARV” of each prize is $10.00 USD.

Threshold 2: The first one hundred Members (100) who earn 2,500 points will win a Threshold 2 prize. One hundred (100) Threshold 2 prizes are available.  Each prize consists of a noosa dog leash and collar.  The ARV of each prize is $20.00 USD.

 

Sweepstakes Prizes

Twenty - five (25) Sweepstakes Prizes are available, consisting of a Palisade Peach prize pack.  The ARV of each prize is $40.00 USD. Total ARV of all sweepstakes prizes is $4,200.00

  1. GENERAL PRIZE CONDITIONS, AFFIDAVITS/DECLARATIONS, TAXES. No cash alternative or prize substitutions will be allowed, except Noosa reserves the right to substitute prize(s) of comparable value if a listed prize is unavailable for any reason. Prize winner(s) shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Any potential prize winner may be required to execute an Affidavit of Eligibility, a Liability Release, a Publicity Release, and a W-9 form (collectively, “Prize Claim Documents”). If winner fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification (or a shorter time if required by exigencies), winner may be disqualified and an alternate winner may be selected.  Any winner of a prize valued at $600 or more will receive an IRS form 1099 after receipt of the prize for the actual retail value of the prize.

ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY NOOSA WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.  A PARTICIPANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE LEADERBOARD OR A SCREENSHOT SHOULD SO INDICATE, UNLESS AND UNTIL SUCH PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED AND PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.  SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.

  1. PUBLICITY RELEASE.Except where prohibited or restricted by law, winner's acceptance of a prize constitutes the winner's consent for Noosa, SocialToaster, and their designees to use and/or publish winner's full name, city and state of residence, hometown, photograph or other likeness, entry, pictures, portraits, voice, testimonials, opinions, biographical information (in whole or in part), and/or statements made by winner, worldwide and in perpetuity for promotional purposes, in any media, without further compensation, notice, review, or approval.
  2. AUTHORIZED ACCOUNT HOLDER. In the event of a dispute over the identity of a Verified Member, the Verified Member will be deemed to be the authorized account holder of the e-mail address identified at enrollment into the Fan Program, which authorized account holder must also be the subscriber of the applicable Authorized Platform used by the Verified Member to earn points during the Promotion. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute, social sharing site) that is responsible for assigning e-mail addresses for the domain associated with the applicable e-mail address.
  3. PRIVACY; RIGHT TO CANCEL, MODIFY.By registering for the Fan Program and entering into the Promotion, Members understand that they are providing personal information to Noosa and SocialToaster, rather than to the Approved Platform. Any personal information sent to, shared with or collected by Sponsor or Administrator in connection with this Promotion is subject to Noosa’s Privacy Policy found at http://www.noosayoghurt.com/legal/ 

By participating in this Promotion, Members acknowledge and agree that neither Noosa nor SocialToaster are responsible, and shall have no liability, for: (a) entries that contain incomplete or inaccurate information, whether caused by Members or by any of the equipment or programming associated with or utilized in this Promotion and/or the Fan Program, or that do not otherwise comply with or violate these Official Rules; (b) prize claims, responses or notifications that are lost, late, incomplete, illegible, unintelligible, damaged, garbled, misdirected, or otherwise not received by Sponsor or its agents for any reason; (c) any typographical or other error in the printing or advertising of this Promotion, the administration or execution of this Promotion, or in the announcement of prize winners; (d) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries, or for destruction of or unauthorized access to, or alteration of, entries; (e) failed or unavailable hardware, network, software or telephone transmissions, damage to Members’ or any person's computer and/or its contents, or causes beyond Sponsor's reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Promotion; or (f) prizes or prize components that cannot be awarded due to shipping delays or interruptions due to acts of God, natural disasters, terrorism, weather or any other similar event beyond the Sponsor's reasonable control. If Noosa determines, in its sole discretion, that this Promotion cannot be executed as planned, including but not limited to reasons related to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of this Promotion, or if this Promotion is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right to terminate this Promotion, to void entries, and/or to modify this Promotion and/or award the prize from among all valid entries earned as of the date of termination. If this Promotion is terminated or modified due to technical difficulties or unforeseen events prior to the expiration date of the Promotion Period, notice will be posted at the Website. No more than the stated number of prizes will be awarded.

THE DECISIONS OF THE SPONSOR AND ADMINISTRATOR ARE FINAL AND BINDING IN ALL MATTERS.   In the event of a conflict between these Official Rules and any instructions or interpretation of these Official Rules given by an employee of the Sponsor regarding the Promotion, these Official Rules shall prevail. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Promotion-related materials, including but not limited to the Promotion entry form, or point of sale, print or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control. In the event of a conflict between the Official Rules of this Promotion and the Fan Program Terms, the Program Terms shall govern.

  1. WARNING.Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of this Promotion, or with the Website or any other websites or social sharing sites promoting this Promotion; or (b) acting in violation of these Official Rules or the Program Terms. Sponsor reserves the right to void all actions taken, or Points earned and made through any robotic, automatic, mechanical, programmed or similar activity duplication method and to disqualify any individual using such a method of sharing or posting on social networks. Any attempt by a Member or any other person to deliberately damage the Website or undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws. Sponsor reserves the right to seek remedies and damages (including attorneys' and experts' fees) from any Member or other person engaging in unlawful or inappropriate behavior to the fullest extent permitted by law, including seeking criminal prosecution.
  2. RELEASE OF LIABILITY; DISCLAIMER OF WARRANTY; FORUM SELECTION CLAUSE.This Promotion is subject to all applicable federal, state, and local laws in the US. By participating in this Promotion, Members and winners agree to indemnify, release and hold harmless Noosa and SocialToaster from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, tax liabilities, property damage, personal injury (including emotional distress), and/or death caused, directly or indirectly, from the awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Promotion or any promotion or prize-related activities, and for any claims or causes of action based on publicity rights, defamation or invasion of privacy. Neither Noosa nor SocialToaster assume responsibility for any injury or damage to Members or to any other person's computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Promotion. Members and winners acknowledge that Noosa and SocialToaster have neither made nor are in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize, including, but not limited to, express warranties provided by the manufacturer of the goods or their affiliates. THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF COLORADO WITHOUT RESPECT TO ITS CONFLICT OF LAW DOCTRINES.
  3. PRIZE WINNER LIST: Any legally required winner’s list may be obtained by sending a self-addressed, stamped envelope to: noosa August promotion ATTN: Winners List, 1101 E. 33rd Street, Suite B304 Baltimore MD 21218. All such requests must be received within six (6) weeks after the end of the Promotion Period. 

 

This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc., Twitter, Inc., Instagram, Inc., or YouTube, LLC. Sponsor shall not be liable for technical, pictorial, typographical or editorial errors or omissions contained herein.