United Dairy Industry of Michigan
Food Evolution Promotion
1. Eligibility. The UDIM Food Evolution Promotion (the “Promotion”) is open only to persons eighteen (18) years or age or older as of the date of entry, who are permanent legal residents of the State of Michigan and are physically located there. Employees, officers, and representatives of Sponsor’s advertising and promotion agencies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations and is void where prohibited. Entry in the Promotion constitutes full and unconditional acceptance of these “Official Rules” and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Receiving a Promotional Item is contingent upon fulfilling all requirements set forth herein.
2. Sponsor. Dairy Council of Michigan, Inc., a Michigan nonprofit corporation, and American Dairy Association of Michigan, Inc., a Michigan nonprofit corporation (collectively “United Dairy Industry of Michigan”, “UDIM”, or “Sponsor”) whose address is 2163 Jolly Road, Okemos, MI 48864, is the Sponsor of the Promotion.
3. Promotional Items. Eligible individuals will receive one $10 Amazon Gift Card (the “Promotional Item”). This Promotion is in no way sponsored, endorsed or administrated by or associated with Amazon.com, Inc. or its affiliates. Sponsor will determine the number of available Promotional Items in its sole discretion. Promotional Items will be issued on a first-come, first-served basis.
4. Promotion Period. The Promotion begins on ______________, 2018 at 12:00 a.m. Eastern Time, and ends on ______________, 2018 at 11:59 p.m. Eastern Time (the “Promotion Period”). Sponsor may terminate or limit this Promotion at any time.
5. How to Enter. During the Promotion Period, eligible participants must (1) view the film Food Evolution online (currently available for viewing on Hulu, Amazon, iTunes, YouTube, Google Play, and other participating websites), or in person at a qualifying conference or event, and (2) complete a quiz and entry form provided by Sponsor. Any eligible participant who completes and submits a quiz to Sponsor in person at a qualifying conference or event, or by mail during the Promotion Period will receive a Promotional Item, subject to availability and other requirements set forth in these Official Rules.
6. Limitations. Only one (1) handwritten entry may be submitted per participant during the Promotion Period. Only one Promotional Item will be sent to any single mailing address. Sponsor may place other limits on entries from time to time, including without limitation, by limiting entries to attendees at a specific event or to residents of a particular geographic region, and Sponsor may determine and verify participant’s eligibility in its sole discretion. Entries become the property of Sponsor. All participants are subject to eligibility verification by Sponsor. The restrictions and conditions described in these Official Rules are not all-inclusive. If a participant is found to be ineligible or otherwise does not comply with these Official Rules, the Promotional Item will be forfeited. A participant who is disqualified for any reason will not be entitled to any form of compensation. Promotional Items are provided “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Promotional Items are non-transferrable and are not subject to substitution, except by Sponsor, who reserves the right to substitute the Promotional Item in whole or in part with another Promotional Item of greater or lesser value or to terminate this Promotion without providing Promotional Items in Sponsor’s sole discretion.
7. Rules Request. To obtain a copy of the Official Rules, you may send a self-addressed, stamped, business-size envelope to: United Dairy Industry of Michigan, ATTN: Jolene Griffin, 2163 Jolly Road, Okemos, MI 48864.
8. Liability. Sponsor will not be responsible for entries that are late, lost, illegible, incomplete, damaged, misdirected and/or postage due and accepts no responsibility for any injury, loss or damage of any kind resulting from a participant’s participation in the Promotion. By entering the Promotion, each participant agrees to these Official Rules and waives and agrees to release and hold harmless Sponsor and Sponsor’s parents, subsidiaries, and affiliated companies, and all other businesses involved in this Promotion, as well as the employees, officers, directors and agents of each, from, all claims, costs, injuries, losses, or damages of any kind arising out of or related to the Promotion or the Promotional Item (including, without limitation, any and all claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property), whether under a theory of contract, tort (including negligence), warranty or other theory.
9. Taxes. Each participant is solely responsible for all applicable federal, state and local taxes and any expenses associated with the Promotional Item, unless otherwise indicated. Sponsor will report the fair market value of Promotional Items as required by law.
10. Other Conditions. Sponsor reserves the right, in its sole discretion, to amend these Official Rules or to cancel, modify, or terminate this Promotion at any time. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process, making misrepresentations related to Sponsor or the Promotion, violating these Official Rules, or acting in a disruptive manner. In case of a dispute over the identity of a participant who submitted an entry, Sponsor may determine the identity of the participant in its sole discretion.
11. Governing Law; Disputes. Any controversy or claim arising out of or relating to (i) this Promotion, (ii) the awarding or redemption of a Promotional Item, and/or (iii) the scope, applicability, interpretation, or enforcement of these Official Rules shall be governed by and construed in accordance with the substantive laws of the State of Michigan without giving effect to any choice of law or conflict of law rules or provisions that would result in the application of any other state’s laws. As a condition of participating in the Promotion, each participant agrees that any and all disputes that cannot be resolved between the parties, and any and all causes of action arising out of or related to the Promotion, shall be resolved individually, without resort to any form of class action, before a state court of competent jurisdiction located in Ingham County, Michigan. Participants shall not challenge the jurisdiction of such court on the grounds of convenience, personal jurisdiction, or otherwise. Participant hereby waives all rights to claim or receive punitive, incidental or consequential damages and all rights to have damages multiplied or increased. Each participant further agrees that any claim, judgment, or award shall be limited to participant’s actual out-of-pocket expenses (i.e., costs associated with entering the Promotion), and in no event will participant be permitted to obtain attorneys’ fees or other legal costs. If any provision of these Official Rules is deemed void, unenforceable or contrary to law, that term shall, but only to the extent necessary to bring this section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if they did include the severed term. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
[OPTIONAL IF MINORS ARE INCLUDED:
13. Minors. If a participant is deemed a minor in his/her jurisdiction of residence (a “Minor”), he or she must obtain consent of his or her parent or legal guardian before entering the Promotion or submitting any personally identifiable information, and may be required to provide contact information for his or her parent or legal guardian as a condition of entering the Promotion. If a participant is a Minor, the applicable Promotional Item will be awarded to his or her parent or legal guardian, and all waivers, consents, and agreements described herein will be deemed given by the participant and his or her parent and legal guardian. Sponsor will not provide any personally identifying information of a Minor, regardless of its source, to any third party without the consent of participant’s parent/legal guardian.]