The Promised Land Money Back Guarantee Offer (“Offer”): Purchase a 12 oz. or 28 oz. of any variety of Promised Land® Milk product (the “Product”) at a supplied store between 1/1/18 and 12/31/18. The Offer is for a limited time and is subject to these Terms and Conditions (“Terms”). If you do not like the Product and believe that the Product is not satisfactory, Sponsor will refund your purchase price (excluding sales tax and coupons used), not to exceed $3.99. Limit: one (1) refund per person/household; if you purchase multiple Products in the same transaction, you are only eligible to receive a refund for one (1) of those Products. To claim your refund, send both the original, dated store receipt with the Product and purchase price circled (“Receipt”) and the completed Offer claim form (“Claim Form”) (together, the Receipt and Claim Form are the “Refund Submission”), within forty-five (45) days of the purchase date shown on the Receipt, to the following address (Offer is not redeemable at the retail store):
Promised Land® Money Back Guarantee Offer
PO Box 7485
Wilton, CT 06897-7485
Visit www.promisedlanddairy.com/bestever between 12:00AM ET on 1/1/18 and 11:59PM ET on 12/31/18 to obtain the Claim Form. The Claim Form must contain the following information: your (the Product purchaser’s) name, street address (no P.O. Boxes), date of purchase, the date you completed the Claim Form, dates you used the Product, Product UPC code, and any other information we request on the Claim Form regarding the use of the Product. Only requests submitted on a fully-completed official Claim Form will be processed.
All Refund Submissions must be postmarked within forty-five (45) days of the purchase date shown on the Receipt and received by Sponsor at the address above within five (5) days from the postmark date. Purchases made on 12/31/18 must be postmarked by 2/14/19 and received by 2/21/19. Each Refund Submission must include the completed Claim Form and original store receipt. Product purchased before 1/1/18 and after 12/31/18, are not eligible for the Offer. Purchase date is determined by date printed on Receipt. Sponsor will not honor multiple or copied Refund Submissions. You only have one (1) opportunity to re-submit the Claim Form due to an erroneous submission.
The Offer is open only to individuals who are legal residents and physically located in one (1) of the fifty (50) states in the United States or the District of Columbia and who are at least eighteen (18) years of age at the time of Product purchase. Void outside the 50 U.S. and D.C. and where prohibited by law.
Sponsor or Sponsor’s agent will issue refunds by check. Refunds will be made for the exact Product purchase price (but not including any coupons used), up to $3.99. Sales tax and shipping and handling is nonrefundable. Allow eight (8) to ten (10) weeks after receipt of your valid Refund Submission to receive the refund check. Sponsor and its agents will reject and not honor any Refund Submissions from commercial addresses or P.O. Boxes, which are incomplete or illegible, which contain invalid, undeliverable, or non-U.S. mailing addresses, or which Sponsor or our agents, in their sole judgment, deem invalid in any way based on these Terms. Rebate checks are void if not cashed within 90 days of issuance and cannot be reissued.
Sponsor will not honor Claim Forms submitted on behalf of another purchaser or from any group or organization.
Sponsor reserves the right to request additional information or documentation to verify or validate Refund Submissions. All Refund Submissions become property of the Sponsor and will not be returned, so you are encouraged to keep a copy of your Refund Submission.
Sponsor not responsible for any printing errors or for any Refund Submissions which are lost, late, incomplete, illegible, mutilated, misdirected, postage due or not delivered. Sponsor not responsible for any Product which has been altered or mutilated. You may not assign or transfer your rights under your Refund Submission. Sponsor reserves the right, in its sole judgment, to refuse any Refund Submission if Sponsor deems it insufficient or not in compliance with the Offer. The Offer is strictly prohibited from being published or reproduced on any website, in any magazine, or elsewhere without Sponsor’s written permission. Sponsor reserves the right to cancel the Offer at any time.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of any individual or the Sponsor, shall be governed by, and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions (whether of Texas, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Texas. The parties agree that all disputes arising out of or connected with these Terms or the Offer will be resolved individually, without resort to class action, and exclusively by arbitration to be held solely in Dallas County, Texas under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EACH PARTICIPANT ACKNOWLEDGES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FOUR DOLLARS ($4.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (B) UNDER NO CIRCUMSTANCES WILL ELIGIBLE INDIVIDUALS BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ELIGIBLE INDIVIDUALS HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FOUR DOLLARS ($4.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (C) ELIGIBLE INDIVIDUALS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ELIGIBLE INDIVIDUALS IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
No waiver of any of the provisions of these Terms shall be deemed or shall constitute a waiver of any other provisions hereof, nor shall waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect. Sponsor’s failure to enforce any term in these Terms will not constitute a waiver of that provision. Individuals agree to waive any rights to claim ambiguity of these Terms. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Offer-related materials, privacy policy or terms of use on a related-Offer website and/or the terms and conditions of the Terms, the Terms shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion. Sponsor reserves the right to modify or withdraw this Offer at any time.
This Offer is sponsored by LALA U.S., Inc., 12400 Coit Rd. Suite 200, Dallas, TX 75251 (“Sponsor”), which is solely responsible for this Offer.
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