“PROMISED LAND SPECIAL DELIVERIES SWEEPSTAKES” SPONSORED BY: LALA BRANDED PRODUCTS, LLC

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

VOID OUTSIDE OF THE FOLLOWING ZIP CODES IN THE DALLAS, TEXAS AREA: 75234, 75006, 75358, 75011, 75229, 75244, 75039, 75001, 75220, 75063, 75059, 75007, 75019, 75254, 75038, 75230, 75287, 75240, 75248, 75209, 75062, 75235, 75251, 75099, 75010, 75247, 75225, 75061, 75252, 75014, 75015, 75016, 75017, 75261, 75067, 75205, 75093, 75060, 75231, 75243, 75219, 75206, 75080, 75057, 75083, 75085, 76051, 75029, 75056, 75212, 76099, 75204, 75081, 75207, 75201, 75214, 75342, 75370, 75267, 75221, 75222, 75250, 75264, 75265, 75266, 75275, 75277, 75283, 75284, 75285, 75301, 75303, 75312, 75313, 75315, 75320, 75326, 75336, 75339, 75354, 75355, 75356, 75357, 75359, 75360, 75367, 75371, 75372, 75373, 75374, 75376, 75378, 75379, 75380, 75381, 75382, 75389, 75390, 75391, 75392, 75393, 75394, 75395, 75397, 75075, 75262, 75263, 75398, 75270, 75202, 76039, 75050, 75260, 75246, 75238, 75242, 76155, 75226, 75024, 75028, 75208, 75223, 75027, 75042, 75211, 75218, 75023, 75026, 75086, 75053, 75203, 75215, 75228, 75036, 75082, 76040, 75210, 76034, 75065, 76021, 75051, 76006, 75044, 75041, 76092, 75022, 75077, 75045, 75046, 75047, 75049, 75233, 75224, 75074, 76095, 75025, 75034, 76011, 76022, 75040, 75227, 75216, 76054, 75236, 75150, 75094, 76010, 75068, 75013, 76094, 76096, 76003, 76004, 76005, 76007, 75035, 76053, 75033, 75237, 75116, 76012, 76182, 75048, 76019, 75043, 75232, 75138, 76210, 76180, 75149, 75030, 76262, 75052, 76014, 76118, 75217, 75241, 75002, 76120 and 75249 and 75251, AND WHERE PROHIBITED OR RESTRICTED BY LAW.  THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW.  DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AND IN THE ZIP CODES LISTED ABOVE AT THE TIME OF ENTRY.   

PLEASE READ THESE OFFICIAL RULES CAREFULLY AS THE OFFICIAL RULES REQUIRE THAT ENTRANT WAIVES THE RIGHT TO A JURY TRIAL AND THAT DISPUTES ARISING OUT OF OR RELATING TO THIS SWEEPSTAKES BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY CLASS ACTIONS, AND LIMIT YOUR RIGHTS AND REMEDIES IN THE EVENT OF A DISPUTE.  

THIS SWEEPSTAKES, INCLUDING ANY ENTRY METHOD OR PRIZE OFFERED, MAY BE CANCELED OR POSTPONED BY SPONSOR, IN FULL OR IN PART AT ANY TIME, DUE TO REASONS RELATED TO THE ONGOING PANDEMIC (E.G., CORONAVIRUS/COVID-19). 

  1. Entry Period: The “Promised Land Special Deliveries Sweepstakes” (“Sweepstakes”) commences at 11:00 AM Central Time (“CT”) on June 26, 2020 and ends at 11:59 PM CT on June 28, 2020 (“Sweepstakes Period”). The Sponsor’s designated time clock will be the official time keeping device for this Sweepstakes.  All entries must be received by 11:59 PM CT on June 28, 2020.  All interpretations of these Official Rules and decisions made by Sponsor relating to the Sweepstakes are final.
  2. Eligibility: The Sweepstakes is open only to individuals who are U.S. citizens and U.S. resident aliens who are physically located in and legally residing in the Dallas, Texas area with a home address within a twenty (20) mile radius of zip code 75234, of one of the following zip codes:  Including zip code 75234 and the following zip codes:  75234, 75006, 75358, 75011, 75229, 75244, 75039, 75001, 75220, 75063, 75059, 75007, 75019, 75254, 75038, 75230, 75287, 75240, 75248, 75209, 75062, 75235, 75251, 75099, 75010, 75247, 75225, 75061, 75252, 75014, 75015, 75016, 75017, 75261, 75067, 75205, 75093, 75060, 75231, 75243, 75219, 75206, 75080, 75057, 75083, 75085, 76051, 75029, 75056, 75212, 76099, 75204, 75081, 75207, 75201, 75214, 75342, 75370, 75267, 75221, 75222, 75250, 75264, 75265, 75266, 75275, 75277, 75283, 75284, 75285, 75301, 75303, 75312, 75313, 75315, 75320, 75326, 75336, 75339, 75354, 75355, 75356, 75357, 75359, 75360, 75367, 75371, 75372, 75373, 75374, 75376, 75378, 75379, 75380, 75381, 75382, 75389, 75390, 75391, 75392, 75393, 75394, 75395, 75397, 75075, 75262, 75263, 75398, 75270, 75202, 76039, 75050, 75260, 75246, 75238, 75242, 76155, 75226, 75024, 75028, 75208, 75223, 75027, 75042, 75211, 75218, 75023, 75026, 75086, 75053, 75203, 75215, 75228, 75036, 75082, 76040, 75210, 76034, 75065, 76021, 75051, 76006, 75044, 75041, 76092, 75022, 75077, 75045, 75046, 75047, 75049, 75233, 75224, 75074, 76095, 75025, 75034, 76011, 76022, 75040, 75227, 75216, 76054, 75236, 75150, 75094, 76010, 75068, 75013, 76094, 76096, 76003, 76004, 76005, 76007, 75035, 76053, 75033, 75237, 75116, 76012, 76182, 75048, 76019, 75043, 75232, 75138, 76210, 76180, 75149, 75030, 76262, 75052, 76014, 76118, 75217, 75241, 75002, 76120 and 75249 and 75251, and who are at least 21 years of age at time and date of entry. Employees, officers, agents, directors of LALA Branded Products, LLC (“Sponsor”), and The Marketing Arm Inc.  (“Administrator”), and their respective parent companies, affiliated companies, subsidiaries, partners, dealers, manufacturers, distributors, sponsors, advertising agencies, promotion and administration agencies and any entity which is involved in any aspect of the creation, production, operation, execution or fulfillment of the Sweepstakes (“Sweepstakes Entities”), and their immediate families (i.e., parents, spouse, siblings, children, grandchildren, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) are not eligible to enter Sweepstakes or win a Prize (hereinafter defined).  For purposes of this Sweepstakes, those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not.

By participating in this Sweepstakes, entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor; (b) acknowledge compliance with these Official Rules; (c) represent and warrant that he or she meets all the eligibility criteria set forth in these Official Rules; (d) agree to comply with any and all applicable federal, state and local laws, rules and regulations; (e) acknowledge that Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Instagram; and (f) agree to release, indemnify, defend and hold harmless Sweepstakes Entities and Instagram from and against any and all claims, demands, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) or any other harm of any kind arising out of or related directly or indirectly to: (i) entrants’ participation in the Sweepstakes (including travel to/from any Sweepstakes activity); (ii) any acceptance, possession, redemption, misuse or use of any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other personal or real property, or to their persons, including those arising from any travel to/from any prize event or activity); (iii) violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property or other cause of action; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or Prize.

  1. To Enter via Instagram: Entrants must have a valid Instagram account and maintain access to their Instagram account either online or with a mobile device that supports the Instagram application and have the Instagram application downloaded on their device.  Instagram accounts must be set as non-private.  To enter, entrants must: (i) log onto their Instagram account; (ii) follow @promisedlanddairy on Instagram; (iii) find the Sweepstakes post on the Promised Land Dairy Instagram page indicating there is a chance to win a prize; and (iv) comment on that Sweepstakes post during the Sweepstakes Period using the hashtag #PromisedlandSweepstakes to receive one (1) entry into the Sweepstakes.  Entrants can open an Instagram account for free by either downloading the Instagram application on their mobile devise or by registering with instagram.com. Go to Instagram.com for instructions on how to register for Instagram. Entries must be in compliance with the Entry Guidelines specified in Section 4 herein. Entrant must not use more than one (1) Instagram account to enter Sweepstakes.  If an entrant is suspected of using multiple Instagram accounts to enter Sweepstakes, any entries received by such means will be void. Entrant must be in compliance with Instagram’s Terms of Use and accept Instagram’s Privacy Policy. Sponsor, at its sole discretion, may accept a technically incorrect unique term.  Messages not received by Sponsor will not be entered into the Sweepstakes.  By including the hashtag “#PromisedlandSweepstakes” in the post, entrants are confirming their acceptance and agreement to these Official Rules.  This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. 

There is a limit of one (1) entry per person during the Sweepstakes Period. There is a limit of one (1) Prize per person.  If it is suspected that an entrant submits more than one (1) entry, only one (1) entry will be considered. In the event of a dispute over who submitted a winning entry, the “authorized account subscriber” of the Instagram account used to participate in Sweepstakes at the actual time of entry, will be deemed to be the entrant. The “authorized account subscriber” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses. It is the sole responsibility of the entrant to notify the Administrator in writing if the entrant changes his or her Instagram account during the Sweepstakes Period. The “authorized account subscriber” for Instagram is defined as the natural person who is assigned an email address associated with the applicable account. In the event a winning account selected is a joint account, a total of one (1) Prize will be awarded in the name of the first-named account holder. Proof to Sponsor’s satisfaction of being the authorized account subscriber may be required by Sponsor. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified.  Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion.  Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.  The Sweepstakes Entities may run multiple campaigns, contests, sweepstakes or other promotions simultaneously.  Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other.

  1. Entry Guidelines: Entries must be the original work of entrant, must have been created specifically for Sweepstakes, and must not have been previously published, released commercially or won any awards. Any elements appearing in an entry, including, without limitation, photographs, art or any other materials, must be entrant’s own original work, created by entrant, or be in the public domain. Entries must comply with these Official Rules and any Terms and Conditions/Terms of Use posted on any applicable social media platform where you post your entry for submission into this Sweepstakes. Entries must not feature the name, image, voice or likeness of any person other than entrant. In addition, entries should not reveal any personally identifiable information of any person that may be used to track, contact or impersonate that person or entrant.  For purposes of this restriction, personal identifiable information, includes, but is not limited to, license plates, credit card numbers, phone numbers, personal addresses, email addresses or any information that may be used to track, contact or impersonate that individual.

Entries must not include, depict or make reference to any of the following: obscenity, inappropriate language, nudity, sexual explicitness, drug or alcohol use, violence, firearms/weapons, unauthorized commercial products or services, unauthorized copyrighted, trademarked or patented properties, including brand names, logos, or trade dress, private property, unless entrant has obtained a property release from the owner specific for uses specified herein, material that promotes any activities that may appear unsafe or dangerous, or promotes any particular political agenda or message, material that is hateful, tortious, defamatory, false or misleading, disparaging, slanderous, libelous, or otherwise unlawful, material that violates or infringes another’s  rights, including, but not limited to, rights of privacy or publicity of any person living or deceased, copyrights, trademarks, patents or any other intellectual property rights, material that promotes bigotry, racism, hatred or harm against any group or individual, or promotes discrimination based on race, ethnicity, sex, religion, nationality, disability, sexual orientation or age, and any other content, including, but not limited to, text, images, graphics, photographs, captions and descriptions, data, codes or programs that could be considered inappropriate or offensive, as determined by Sponsor, in its sole discretion. Further, entries must not contain any claim that is not and cannot be substantiated or that would be false or misleading to a reasonable consumer. Any content, text or otherwise, included as part of the entry must be in the English language.  If your entry includes video elements, any elements appearing in a video, including, without limitation, music, photographs, art or any other materials, must be your own original work, created and performed by you, or be in the public domain. Further, if synchronizing music with your video elements, you must only use original or royalty free music or music that is in the public domain.

By entering the Sweepstakes, each entrant represents and warrants that: (i) the entry is the original work of the entrant, that he/she has all rights to the entry, that the entry was created specifically for Sweepstakes, that the entry, in whole or in part, has not been released commercially, been previously published or won any awards; (ii) the entry does not and will not violate any law, statute, ordinance or regulation; (iii) the entry is free and clear of any and all liens or claims with respect to the use of the entry in the manner authorized in these Official Rules; (iv) the entry does not infringe upon or violate the intellectual property rights of any third party or entity and will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on copyrights, trademarks, patents or other intellectual property rights or any rights or interests of any third party, or give rise to any claims for any payment whatsoever; and (v) the entry is not and will not be defamatory, disparaging libelous, pornographic or obscene.

Content posted by entrants is not edited by Sponsor and the views/opinions of the entrant do not reflect the views of the Sponsor in any manner. 

Sponsor reserves the right to disqualify any entry that it deems, in its sole discretion, to be a violation of the Official Rules or that is not in keeping with the Entry Guidelines specified herein or which communicate messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate.

By submitting an entry in this Sweepstakes, entrant agrees that such entry, and all information sent with the entry,  including all rights embodied therein (except for personally identifiable information as identified in Sponsor’s Privacy Policy) are deemed to be non-confidential and non-proprietary and Sponsor shall have no obligation of any kind with respect to such entry and other materials.

Entrants acknowledge and agree that Sponsor may receive many entries in connection with this Sweepstakes and that some entries may be very similar in content, idea, theme, or in other respects to other entries received or submitted. Entrant waives any and all claims entrant may have had, may have and/or may have in the future, that any entry in this Sweepstakes is similar to his/her entry, or that any compensation is due to entrant in connection with such entry.

All entries submitted in compliance with these Official Rules and not disqualified are considered “Eligible Entries”.  Entries that are not in compliance with these Official Rules will be disqualified at Sponsor’s sole and absolute discretion.  Entries will not be returned, and receipt of entry will not be acknowledged.  Proof of entry will not be deemed to be proof of receipt of entry by Sponsor.

  1. Use of Entries: Certain entries may be featured from time to time during the Sweepstakes Period and thereafter in Sponsor’s social media pages and channels, in Sponsor’s sole discretion.  Being selected as a featured entry is unrelated to the Winner selection process. Sponsor is not obligated to use, publish or display or broadcast any entry. By submitting an entry, entrant understands and agrees that their entry may be publicly displayed in the manner set forth above without any further notification to or consent from entrant. Entrants agree that Sponsor may use their entries, including entrant’s first name and state or residence, in whole or in part, for any purpose whatsoever without any additional compensation.  Entrants agree that Sweepstakes Entities are not responsible for any unauthorized use of entries by any third parties.  All entrants, whether a Winner or not,  agree that in exchange for their participation in Sweepstakes, they grant, and have the full right to grant, Sponsor and its representatives, affiliates, licensees, successors and assigns; (i) the right, but not the obligation, to use, edit, adapt, reformat,  rearrange, modify, combine with other pictures, items and/or materials, add to and/or customize entry; and (ii) the assignable, sublicensable, perpetual, non-exclusive, irrevocable, royalty free, right and license to use, exhibit, display, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, rebroadcast, transmit, record, publicly perform, create derivative works of, distribute and synchronize in timed relation to visual elements and aural elements, and or otherwise exploit, the entries, and/or any portions or excerpts thereof, including, without limitation, using entrant’s name, social media account username, image, likeness, performance, voice, and any other attributes of entrant, individually or with others, in whole or in part, in conjunction with other material, in any manner, including advertising, promoting and publicizing Sponsor, an unlimited number of times, in any and all media, now known or hereafter devised, in perpetuity, throughout the world, without any additional liability, obligation to, or review or approval by, entrant or any third party.   Entrants agree to obtain, upon request from Sponsor, any documentation necessary to prove their unrestricted ownership in all contents of entry and their right to use entry as specified in these Official Rules. Entrants also acknowledge and agree that Sponsor shall own all right, title and interest, including all copyright ownership, in any derivative works they may create from any element of entry.
  1. Odds: The odds of becoming a Winner (defined below) depend on the total number of Eligible Entries received during the Sweepstakes Period.  
  1. Prizes: The Winners will each receive one (1) prize pack package consisting of the following prizes: (i) one (1) milk cooler, with an approximate retail value (“ARV”) of $60; (ii) two (2) 52 oz bottles of Promised Land Dairy Midnight Chocolate Whole Milk, with a total ARV of $10; (iii) one (1) 28 oz bottle of Promised Land Dairy Vitamin D Whole White Milk, with an ARV of $3.50; (iv) one (1) 28 oz bottle of Promised Land Diary Very Berry Strawberry Whole Milk, with an ARV of $3.50; (v) one (1) 28 oz bottle of Promised Land Dairy Midnight Chocolate 2% Reduced Fat Milk, with an ARV of $3.50; (vi) one (1) T-shirt, with a total ARV of $15; and (vii) one (1) Promised Land Diary grocery bag, with an ARV of $2 (collectively, the “Prize” or “Prizes”). The total ARV of each Prize is $97.50.  At Sponsor’s sole discretion, a Promised Land Diary milkman (or other Sponsor representative) may attempt to special deliver the Prize directly to each Winner’s residence/doorstep and such Prize fulfillment event may be filmed in its entirety by Sponsor or its designee.  In the event this special delivery of the Prize cannot take place for any reason, the hand-delivery element of the Prize will not be awarded, and Sponsor will not provide any compensation or substitution for this portion of the Prize. Additionally, if Sponsor is unable to hand-deliver the Prize to a Winner or a Winner elects not to have their Prize hand-delivered, one (1) or more of the Prizes listed above may not be awarded to the Winner and instead Sponsor may elect to award the Prizes in the form of Promised Land Dairy product coupons redeemable for free Promised Land Diary products that are mailed to Winner’s residence. The total ARV of all of the Prizes awarded in this Sweepstakes is $780.  The ARVs are subject to change based on current market conditions at time of Prize fulfillment. Any difference between the ARVs and the actual values, if any, will not be awarded.
  2. Prize Terms: The dates for fulfillment of the Prizes will be on or about July 16, 2020, but subject to change in Sponsor’s sole and absolute discretion. If for any reason any Prize is unavailable or any Prize or related event is delayed, cancelled or postponed, or for any other reason, Sponsor reserves the right to modify the Sweepstakes, in its sole discretion and award a substitute Prize, or portion of Prize, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of the Prize, or any portion thereof, is permitted by a Winner. Sponsor may choose to deliver the Prize in any manner, in its sole discretion, including not hand delivering the Prize to a Winner.   Sweepstakes Entities shall have no responsibility or obligation to a Winner who is unable or unavailable to, or who does not for any reason, accept or utilize the Prizes.  All Prize details not specified in these Official Rules will be determined by Sponsor’s in its sole and absolute discretion.  The Sweepstakes Entities are not responsible for and will not replace any lost, mutilated or stolen Prizes or any Prize that is undeliverable or does not reach the Winner because of an incorrect or changed address. All costs and expenses not specifically listed above as part of the Prizes, including, without limitation, any equipment to be used in connection with the Prizes, are solely Winner’s responsibility. PRIZES ARE PROVIDED “AS IS”.  ENTRANTS ACKNOWLEDGE THAT SWEEPSTAKES ENTITIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZES AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. Prizes pictured in online, television, print advertising, and other Sweepstakes materials are for illustrative purposes only. Arrangements for the fulfillment of the Prizes will be made by Administrator and/or Sponsor.  
  3. Publicity Release: By participating in Sweepstakes, each Winner grants to Sponsor, and its representatives, affiliates, licensees and assigns, the right and permission to record, film, videotape and photograph the Winner accepting his/her Prize (“Images”). These Images will be owned by Sponsor.  Sponsor and each of its designees shall have the right to use, re-use, reproduce, publish, display, exhibit, distribute, edit, adapt, post, stream, copy and exploit such Images, and all elements embodied therein, including any names, likenesses, address, voice, conversation, biographical and Prize information and any other attributes of Winner, individually or with others, in whole or in part, in conjunction with other material, if any, in any and all media now known or hereafter devised, for the purpose of trade, advertising, publicity, promotion, or a Sweepstakes Winner List or any other lawful purpose whatsoever, in perpetuity, throughout the world, without additional compensation, consideration, notification or permission, except where prohibited by law.
  4. Winner Selection and Notification: There will be eight (8) potential Winners selected in a random drawing from among all of the Eligible Entries on or about June 30, 2020 by Sponsor’s independent judging agency, Administrator.  Administrator will attempt to contact the potential Winners via comment on Instagram and potential Winners will be required to confirm his/her name, address and phone number within twenty-four (24) hours from when comment is sent and then Administrator will attempt to contact the potential Winner via the telephone number provided. No messages will be left on answering machines or voicemail systems. If a potential Winner does not confirm his/her contact information as requested within the twenty-four (24) hour time period, cannot be reached directly and/or does not meet the eligibility requirements, the potential Winner will be disqualified and an alternate potential Winner will be selected in a random drawing from among all of the remaining Eligible Entries. Sweepstakes Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information or other unsuccessful attempts to notify potential Winners. The Administrator will request the potential winner to follow @promisedlanddairy on Instagram if potential Winner is not already doing so for the purpose of allowing Administrator to contact the potential Winner about any potential Prize.
  5. Winner Verification: To be eligible to be declared a Winner and to receive the Prize, the potential Winners must sign and return to Sponsor and/or Administrator, within two (2) days of issuance of such documentation from Administrator or Sponsor, an Affidavit of Eligibility and Release (collectively, “Affidavit”) that, among other requirements: (a) releases Sweepstakes Entities and Instagram from any and all liability, loss, claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or any other harm suffered directly or indirectly from potential Winner’s participation in Sweepstakes, including, but not limited to, traveling to, preparing for and/or participating in any Prize related activity, or the acceptance, possession, or use or misuse of any Prize; and (b) except where prohibited by law, grants Sweepstakes Entities the right to use potential Winner’s name, picture and/or likeness, or biographical information or voice for trade, advertising and publicity purposes, in any media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration or notification.  Entry into Sweepstakes constitutes agreement to sign such Affidavit.  If a potential Winner does not sign this Affidavit and return it within the time frame specified, the potential Winner may be disqualified, and the Prize forfeited. When such documentation is properly executed and providing potential Winners are otherwise in compliance with the Official Rules, potential Winners will each be determined to be a Sweepstakes winner (each a “Winnerand collectively,Winners”).

Winners must also complete any additional legal documents provided by Administrator or Sponsor with respect to the Prizes and return them as instructed within the time frame specified or Winner may forfeit Prizes at Sponsor’s sole discretion. If a potential Winner is unable to participate in or accept the Prize or any portion of the Prize for any reason, Sponsor will have no further obligation to the potential Winner. Prize or Prize documents returned as undeliverable will result in forfeiture of Prize. Sponsor expressly reserves the right to delay the announcement of the Winners for any reason Sponsor deems necessary. In addition, Sponsor reserves the right to select an alternate Winner in the event that any potential Winner fails to comply with these Official Rules or fails to execute the documentation within the time frame specified.

By participating in Sweepstakes, Winners acknowledge that Sweepstakes Entities have not and will not obtain or provide insurance of any kind relating to the Prizes and that Winners will be responsible for obtaining and paying for any form of insurance relating to the Prizes that Winners deem appropriate.

  1. Taxes: All federal, state and local taxes, and any other costs and expenses associated with acceptance or use of Prize not specifically provided for in these Official Rules are solely the Winner’s responsibility.
  1. General Terms: Sweepstakes Entities are not responsible if Sweepstakes cannot take place, or if any Prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, epidemic, pandemics, acts of government, or other events outside of the reasonable control of Sweepstakes Entities. If, for any reason Sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Sweepstakes Entities, which, in Sponsor’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend Sweepstakes or any part of the Sweepstakes. If Sweepstakes or any part of the Sweepstakes is terminated or modified prior to the closing date of the Sweepstakes, notice will be posted on https://www.promisedlanddairy.com/social-contest-rules if time permits and the Prizes will be awarded to Winners to be selected in a random drawing from among all of the remaining uncorrupted Eligible Entries received prior to any such event, or in any manner that is fair and equitable as determined by Sponsor in its sole discretion. Sponsor reserves the right to modify and amend these Official Rules from time to time during Sweepstakes for clarification or other purposes related to the ongoing pandemic or otherwise. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision.

 

Sweepstakes Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, damaged, destroyed, delayed, misdirected, not received, postage due mail entries, or that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, mechanical or electronic error that may occur in the processing of the entries in Sweepstakes, or other errors appearing within the Official Rules or in any Sweepstakes related advertisements. Sweepstakes Entities assume no responsibility for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages, or for any other reason beyond the reasonable control of Sweepstakes Entities. Sweepstakes Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of Sweepstakes, errors in processing entries, identifying the Winners, in the announcement of the Prizes and Winners, and the delivery of the Prizes, any problems or technical malfunction of any telephone network or lines, mobile phone, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site, or any combination thereof, including, without limitation, any injury or damage to entrant’s or any other person’s computer system/software or mobile phone or other portable electronic device related to or resulting from participation or downloading any materials in Sweepstakes.  Sweepstakes Entities are not responsible for the functionality of the Instagram platform, including changes that may interfere with the Sweepstakes or the ability of a potential entrant to participate in the Sweepstakes.  Entries must not include material that is harmful to other users of the website or social media platform such as viruses, trojan horses or other technologies that could adversely impact the Sweepstakes. Use of any device to automate or subvert entry is prohibited and any entries received by such means will be void. No software-generated, robotic, programmed, script, macro or other automated entries are permitted, and any entries received by such means will be void. Sponsor reserves the right in its sole discretion to disqualify any person they suspect or find: (i) to have used a software generated, robotic, programmed, script, macro or other automated  entry; (ii) to have tampered with the entry process or the operation of Sweepstakes; (iii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person;  (iv) to display behavior that will bring such Winner or Sweepstakes Entities into disgrace; (v) to have provided inaccurate information on any legal documents submitted in connection with Sweepstakes; or (vi) to be acting in violation of these Official RulesANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.

ANY ATTEMPT BY ANY PERSON TO DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE CONTENT OR THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT, AND SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON OR PERSONS TO THE FULLEST EXTENT PERMITTED BY LAW.

  1. Governing Law / Limitation of Liability: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Sweepstakes Entities in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

IN THE EVENT ENTRANT ATTEMPTS TO BRING A CLAIM, ACTION OR PROCEEDING AGAINST SWEEPSTAKES ENTITIES DESPITE AGREEING NOT TO DO SO IN SECTION 2 OF THESE OFFICIAL RULES, As a condition of entering the SweepstakeS, Entrant agrees that TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES 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 TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES 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.

  1. Dispute Resolution: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Dallas County, Texas and any other court with jurisdiction over the parties.  In arbitration, there is no judge or jury and review is limited.  The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.  The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS.  In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service.  If an in-person hearing is required, then it will take place in Dallas County, Texas.  The federal or state law that applies to these Official Rules will also apply during the arbitration.  Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Dallas County, Texas.  Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing).  Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
  2. Request for Names of Winners and Official Rules: All requests for a copy of the Official Rules and for the names of the Winners (first name and state) must be made by August 27, 2020. For the names of the Winners and/or Official Rules: (i) send a self- addressed stamped envelope to: “Promised Land Special Deliveries Sweepstakes”, #140 233 Rock Road, Glen Rock, NJ 07452; and (ii) write, as applicable, “Winners List” or “Official Rules” on the lower left-hand corner of the envelope.
  1. Sponsored by: This Sweepstakes is sponsored by LALA Branded Products, LLC, 5301 Alpha Road, Suite 80-300, Dallas, TX 75240.
  1. Administered by: This Sweepstakes is administered by The Marketing Arm Inc., 1999 Bryan Street, Suite 3200, Dallas, TX 75201.
  1. Communications: As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list.
  1. Privacy: All information submitted directly to Sponsor by entrants (if any) will be subject to and will be treated in a manner consistent with Sponsor’s Privacy Policy accessible at https://www.promisedlanddairy.com/privacy-policy/. By participating in Sweepstakes, entrants hereby agree that Sponsor may collect and use their personal information in compliance with its Privacy Policy and acknowledge that they have read and accepted the Sponsor’s Privacy Policy.
  2. Miscellaneous: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  Entrants agree to waive any rights to claim ambiguity of these Official Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.