Terms & Conditions

last updated: october 18, 2017

program overview. noosa yoghurt (“noosa” or “sponsor”) offers and operates this fan program (the “fan program”), a loyalty and rewards programs operated via url (the “website”) whereby “members” (as described herein) have the opportunity to participate in sweepstakes, contests, or promotions to accumulate rewards points, on an individual basis and solely for their own account, by being brand ambassadors and sharing content and taking other actions on social sharing networks as described in these terms and conditions (these “program terms”). the fan program is administered by socialtoaster, inc., a maryland corporation (“socialtoaster”).
by participating in the fan program, you agree to be bound by these program terms, noosa’s privacy policy (the “noosa privacy policy”), the socialtoaster privacy policy (“socialtoaster privacy policy”), and any official rules posted for any sweepstakes, contest or other promotion offered via the fan program (in each case, the “official rules”). all of the terms and conditions contained in noosa privacy policy, the socialtoaster privacy policy, and the official rules are deemed incorporated into these program terms by reference. in case of a conflict between the program terms, noosa or socialtoaster privacy policies, or any official rules, these program terms shall govern.

we may change these program terms from time to time. the most recent version of the program terms will always be posted on the website with the “as of” date posted at the top of the program terms. if we make any material changes to our program terms, you will know because the “as of” date of the program terms will change. by continued participation in the fan program and the promotions offered as part of the fan program, you are deemed to have consented to our then-current program terms.
Eligibility this fan program is open to legal united states residents residing in the fifty (50) united states and the district of columbia, who are at least eighteen (18) years of age at the time of enrollment. although they may participate in the fan program, employees, officers, directors, agents, and representatives of noosa, and socialtoaster, together with the immediate family members and/or persons living in the same household as such individuals, are not eligible to participate in any sweepstakes, contests, or other promotions offered via the fan program. additionally, any person who is already a member of 5 (five) or more programs operated by socialtoaster, regardless of the sponsor of those other programs or any person who has been removed from any other program operated by socialtoaster is not eligible to participate in this fan program.
member registration. to participate in the fan program, you must member create a “member account”. follow the on-screen instructions to connect to the website via an available social networking service (“sns”). you must also provide and/or confirm your full name and email address as directed, and you must confirm that you have read, understand and agree to noosa’s privacy policy and these program terms. members may also designate whether noosa, socialtoaster, or their designated third party service providers may post content related to the fan program to the sns sites member lists in its member account. even if a member chooses this “auto-post” option, member has the ability to disapprove, disallow, or remove any such post.
noosa reserves the right to terminate or suspend a member account and/or invalidate a member’s points if any member engages in fraudulent activity or otherwise uses this fan program other than in accordance with these program terms and applicable law. if you are not eligible to participate in the fan program, you are prohibited from accessing, using and/or registering for the fan program. if you are registered for an account with the fan program and want to stop participating, delete or cancel your account as directed through the website.

limit one (1) member account per member. member accounts cannot be shared amongst individuals or members, and any duplicate or multi-person member accounts are subject to cancellation. neither member accounts nor the rewards issued to a particular member account in sweepstakes, contests or fan program promotions may be transferred or assigned to another person or entity.

members agree not to engage in unsportsmanlike conduct or otherwise abuse the website or activities available thereon by conduct that is or may be detrimental to the interests of noosa, the fan program or its members, or to , including but not limited to the use or distribution of any auto play or cheat utility software program or application.
account data. by registering for a member account, you agree to provide and update where appropriate correct and complete identification information (“account data”) noosa, in its sole discretion, shall determine what means of identification shall be appropriate for your participation in the fan program. the account data shall be subject to noosa’s privacy policy.
if noosa believes in its sole discretion that your account data is untrue, inaccurate, misleading or incomplete, noosa reserves the right to suspend or terminate your member account. you acknowledge and agree that noosa may rely upon the account data to send you information and notices regarding your member account and the fan program, as further set forth in the noosa privacy policy. noosa shall have no liability associated with or arising from your failure to maintain accurate account data, including, but not limited to, your failure to receive critical information about the fan program or your member account. neither noosa nor socialtoaster, nor any of its authorized third-party service providers, shall be responsible for verifying your account data. members may be required to provide proof of identity to verify the accuracy of the member’s account data.
membership termination. noosa may terminate or suspend any member account for any or no reason. in addition, noosa may, but is not required to, remove and terminate member accounts that have not been active for six (6) months or more. noosa may also terminate or suspend any member account in the event of suspected fraud, misuse, or other violation of these program terms. noosa will be the sole arbiter of whether any fraud, misuse or violation occurred. any decision noosa makes relating to termination or suspension of any member account shall be binding and irrevocable. if a member account is terminated pursuant to these program terms, the member’s rights to access and use the website will be cancelled, as will any outstanding rewards and loyalty points.
earning points. points may be earned during fan program sweepstakes, contests, and promotions in a variety of ways as described in the official rules for each sweepstakes, contest, and promotion (collectively, the “qualifying activities”). points may be earned by connecting additional sns sites to a member account, by recruiting new members to join the fan program through a link provided on the website, submitting or posting pictures, following or liking a suggested social account, taking quizzes or surveys and other qualifying activities. additionally, members may receive one or more emails from noosa either inviting members to share noosa content as provided for in the email/s (“official content”) or requesting permission to allow noosa to post official content on behalf of the member on the sns sites member connected or linked to the member account. members may earn points by following the instructions included in the invitation emails and by sharing official content on one or more of member’s sns sites (collectively, the “approved platforms”). the instructions in the invitation emails must be followed in their entirety in order to earn points. for a complete list of currently available point earning opportunities please visit the points chart. only actions taken via the socialtoaster application or on an approved platform connected to an existing member account can earn points. actions taken prior to enrollment with the fan program are not eligible to earn points. member points can be tracked in the member account, which can be accessed through the website. points are subject to verification and eligibility as determined by noosa and socialtoaster.
members understand that they must comply with all instructions provided by noosa for point earning activities in order to earn the applicable points. this includes providing the required disclosure that any social sharing interaction is used to earn points in this fan program. points will not be awarded for any social sharing interaction that does not include noosa’s required disclosure(s) or that otherwise deviate from the official content. noosa reserves the right in its sole discretion to disqualify any member who does not adequately disclose his or her participation in this fan program while interacting with the approved platforms as part of the fan program.

noosa reserves the right in its sole discretion, at any time during the duration of this fan program, to change the number of points awarded for any particular qualifying activity; to award no points for any particular qualifying activity; to offer additional or new qualifying activities for a limited time or permanently; to delete any or all means to earn points; to limit the number of times for which or time period in which a member may earn points for engaging in a qualifying activity; and to offer point earning opportunities to only select groups of members.
limitations and exclusions on qualifying activities. during fan program sweepstakes, contests, and promotions, 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, including tweets, re-tweets, comments, updates and content, including official content, that members upload to sns sites in connection with this fan program are subject to the limitations and exclusions set forth in each promotion’s official rules. member activities that are not conducted in accordance with the applicable official rules shall not earn points, and may constitute grounds for termination of the member account.
representations and warranties/indemnification. each member represents and warrants that: (i) all member content (other than official content shared by noosa with member) is member’s own original work, and does not contain any material that violates or infringes another’s rights, rights of privacy, publicity or intellectual property rights; (ii) the member content is owned by member, or member has the rights to distribute, post, or otherwise use the content; ( iii) the member content has not been submitted previously in any promotion of any kind or exhibited; (iv) the member content has not been displayed publicly through any means or media; (v) the member content does not identify, reference or depict any competing team, franchise or brands, products or services, including by means of prominent trademarks (including words, logos or designs), other than those owned by noosa; (vi) the member content is not defamatory or libelous, and does not otherwise violate any applicable laws. member further represents and warrants that all photographs included in the member content are either of member or have been included in the member content with the express permission of those appearing in the photographs. each member hereby agrees to indemnify and hold noosa and socialtoaster harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of member hereunder.
grant of rights to member content. by and through his or her participation in the fan program and various qualifying activities, each member hereby irrevocably grants to noosa, its designees, affiliates, successors and assigns, a non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display such member content in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol in perpetuity and throughout the universe for advertising, marketing, publicity and promotional purposes in connection with noosa’s goods and services, its fan program, and any other promotions that noosa may sponsor in the future. noosa shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the member content for any purpose which noosa deems necessary or desirable, and each member irrevocably waives any rights they may have therein. member also expressly acknowledges that noosa has no obligation to attribute the ownership or source of any member content to any particular member.
publicity release. by participating in the fan program, each member irrevocably grants noosa and socialtoaster and their respective successors, assigns and licensees, the right to use such member’s name, likeness, and biographical information in any and all media for any purpose, including without limitation, advertising and promotional purposes and hereby releases noosa and socialtoaster from any liability with respect thereto. the rights granted pursuant to this section are in addition to and do not replace or supplant any other grants of rights contained in any other agreement between noosa and member.
member acknowledgements. by enrolling in this fan program, each member acknowledges and agrees that:
1. points are not valid unless earned in strict compliance with the requirements of these program terms and the official rules of the then-current fan program sweepstakes, contests, and promotions, as interpreted and applied by noosa, and members shall not attempt to earn points by any means (including without limitation, by using any script, bot or other automated means) that only simulates compliance with the applicable requirements. noosa’s determination of the amount of points available and/or awarded to any member hereunder shall be final and binding for all purposes.
2. points have no cash, trade or barter value. members have no ownership interest in accrued points and points are not the property of members. there may be a delay before points appear in a member’s account after a qualifying activity has been completed, and members shall have no claim against noosa based on failure of points to appear in a timely manner.
3. points may only be earned in connection with qualifying activities and the fan program and they may not be redeemed by, or sold, exchanged or otherwise transferred to any other member or to an account for any other rewards program.
4. in the event that a member fails to comply with these program terms or any official rules, noosa reserves the right to terminate the member’s account and/or invalidate a member’s points in addition to seeking any and all remedies available under the law. upon termination of a member’s account for any reason, all points will become null and void, regardless of when or how they were acquired by such member.
5. upon termination of the fan program for whatever reason, all points will become null and void and will not be redeemable for any good, service, or any other value, financial or otherwise.
6. noosa’s ability to accurately allocate points to a member’s account based on qualifying activities performed through sns sites or approved platforms may be restricted by the terms, conditions, or guidelines of such sites or approved platforms or by the settings of a member’s sns account. noosa shall have no liability to any member for limitations imposed by the sns sites and/or approved platforms.
7. members may use text messaging in connection with this fan program or any qualifying activity, and such text messages may be charged in accordance with such member’s carrier’s standard text message and data rates. neither noosa nor socialtoaster assume any responsibility for any such charges.
8. this fan program is not sponsored by, affiliated with, or endorsed by facebook, inc., twitter, inc., or any other approved platform nor their respective successors or any other owner or provider of an approved platform on which qualifying activities may be performed or completed.
duration of, changes to or cancellation of this fan program. noosa reserves the right to cancel, modify, restrict, suspend or terminate the fan program or any aspect or feature of the fan program, including points, without notice. in the event the fan program is cancelled, all points remaining in members’ accounts as of the date of cancellation will automatically expire, without notice or compensation. noosa’s rights and obligations to members shall end upon termination or cancellation of the fan program.
personal use. subject to the terms of these program terms, the noosa privacy policy and any applicable official rules, members acknowledge and agree that the website and fan program are for personal use only. members shall not transmit, broadcast, upload to any computer or mobile device, create derivative works of, or make commercial use of the website and fan program. members shall have no rights to noosa’s content, trademarks, logos, or other intellectual property, and members shall not attempt to or otherwise authorize, encourage or support others' attempts to, circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the website and fan program in any manner.
intellectual property rights. the content on the website, including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("website content") and the trademarks, service marks and logos contained therein ("marks"), are owned by or licensed to noosa and are subject to copyright and other intellectual property rights under united states and foreign laws and international conventions. website content is provided as is for information and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owner. sponsor reserves all rights not expressly granted in and to the website content. members agree not to engage in the use, copying, or distribution of any of the website content other than as expressly permitted herein. members agree not to circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any website content or enforce limitations on use of the website or the content therein.
links, products and services. there may be links provided on the website to other websites belonging to noosa advertisers, business partners, affiliates and other third parties. third parties, in some cases, may also link to the website. such links do not constitute an endorsement by noosa of those websites, nor the products or services made available on those websites. noosa is not responsible for the activities or policies of those websites. members acknowledge and agree that noosa shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such advertisers, business partners, affiliates and other third parties or for any content or information presented in connection with any products or services of advertisers, business partners, affiliates and/or other third parties.
disclaimer of all warranties. this fan program, including, without limitation, the website, points and rewards, and all program services, are provided "as is" and "as available" and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, integration, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. neither noosa nor socialtoaster and their agencies, agents, suppliers and representatives warrant that: (a) any information will be timely, accurate, reliable or correct; (b) this fan program will be secure or available at any particular time or place; (c) any defects or errors will be corrected; (d) this fan program will be free of viruses or other harmful components; (e) any result or outcome can be achieved; or (f) any leaderboard used in connection with this fan program or any related sweepstakes, contest or other promotion is accurate or complete. a member’s use of the fan program is solely at the member’s own risk.
limitation of liability, releases. in no event shall noosa or socialtoaster, any of their respective licensors, agencies, agents, suppliers or representatives) (collectively, the "released parties") have any liability or responsibility whatsoever for, and the released parties shall be held harmless by all members against, any and all injuries, losses or damages of any kind (including without limitation direct, indirect, incidental, reliance, special, consequential, punitive or exemplary damages, including, but not limited to, loss of business, revenues, profits or goodwill, even if the released parties have been advised of the possibility of such damages) to persons, including personal injury or death, or property, arising in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of points or any reward, and/or participating in the fan program, fan program-related activities, including any activities in any way related to this fan program or any sweepstakes, contest or other promotion operated in connection with this fan program, regardless of the form of any claim or action (whether in contract, negligence, strict liability or otherwise). in no event shall the released parties be liable for any (a) matter beyond their reasonable control, or (b) loss or inaccuracy of data, loss or interruption of use, or cost of procuring substitute technology, goods or services. these limitations are independent from all other provisions of these terms and shall apply notwithstanding the failure of any remedy provided. some states and other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
dispute resolution. except where prohibited by law, members (and former members) agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this fan program or any points, prizes or benefits awarded hereunder shall be resolved individually, without resort to any form of class action, and exclusively by the state or federal courts located in larimer county, colorado; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this fan program, but in no event attorneys’ or experts’ fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive 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 program terms, or the rights and obligations of the member (or former member) and sponsor in connection with this fan program, shall be governed by, and construed in accordance with, the laws of the state of colorado without giving effect to any choice of law or conflict of law rules (whether of the state of colorado or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of colorado.
miscellaneous
1. members may only use those portions of the website made available to members. members are forbidden to access or attempt to access other member accounts or to otherwise attempt to violate the security or systems of the website.
2. noosa will not be responsible for any losses or damages incurred due to unauthorized appropriation of information, encrypted or otherwise, transmitted to or from the website.
3. if any part of these program terms, noosa privacy policy, or any applicable official rules are deemed by a court of competent jurisdiction to be unlawful, void or unenforceable, the program terms, noosa privacy policy, or official rules as a whole shall not be deemed unlawful, void or unenforceable, but only that portion or portions of the program terms, noosa privacy policy, or official rules that is deemed unlawful, void or unenforceable shall be stricken or revised, if possible, to retain the intent thereof.
4. the headings contained in these program terms, noosa privacy policy, and/or any applicable official rules are for convenience of reference only, are not to be considered a part of the program terms, noosa privacy policy, or any applicable official rules, and shall not limit or otherwise affect in any way the meaning or interpretation of the program terms, noosa privacy policy, or any applicable official rules.
5. no waiver of any portion of these program terms, noosa privacy policy or any applicable official rules shall be effective against noosa unless it is in writing and signed by a noosa authorized representative of . the failure of noosa to require performance of any obligation of the program terms, noosa privacy policy or any applicable official rules shall not affect noosa’s right to enforce any provision of the program terms, noosa privacy policy or any applicable official rules at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
6. all covenants, agreements, representations and warranties made by you in the program terms, sponsor privacy policy or any applicable rules shall survive the termination of the program terms, sponsor privacy policy or any applicable rules, and the termination of your use of the website and/or participation in the fan program.

contact us. information regarding the fan program is available on the faq section of the website. if you have additional questions about the fan program or your points, contact us at support@socialtoaster.com. it may take us 48 hours or longer to respond depending on the question. please be patient.