Pumpkin Carving Contest Official Rules

Carve, Post, and Win Contest Official Rules

Official Rules

  • NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
  • THIS IS A SKILL-BASED CONTEST.
  • VOID WHERE PROHIBITED BY LAW.
  • AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
  • ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
  • SPONSOR OBTAINS RIGHTS FROM ENTRANTS TO POST AND USE ANY AND ALL CONTENT SUBMITTED AS PART OF THE CONTEST.
  • THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC. (“FACEBOOK”).

THIS CONTEST IS INTENDED FOR PARTICIPATION IN THE UNITED STATES AND LEGAL RESIDENTS WHO ARE PHYSICALLY LOCATED IN CERTAIN ELIGIBLE STATES IN THE UNITED STATES ONLY. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN ONE OF THE ELIGIBLE STATES (AS DEFINED BELOW) IN THE UNITED STATES AT THE DATE AND TIME OF ENTRY. OPEN ONLY TO INDIVIDUALS WHO ARE LEGAL RESIDENTS OF THE STATES OF OHIO, KENTUCKY, SOUTH CAROLINA, FLORIDA, ALABAMA, MISSISSIPPI, LOUISIANA AND TEXAS (COLLECTIVELY, “ELIGIBLE STATES”), WHO ARE THE AGE OF MAJORITY OR OLDER IN THEIR STATE OF RESIDENCE (WHICH IS 19 IN AL, 21 IN MISSISSIPPI, 18 IN ALL OTHER ELIGIBLE STATES), WHO ENTER FROM WITHIN AN ELIGIBLE STATE.

Participation constitutes entrant’s full and unconditional agreement to these “Official Rules” and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.

  1. Eligibility: The Carve, Post, and Win with Borden Dairy Contest (the “Contest”) is open only to individuals who are: legal residents of the Eligible States, who are at least the age of majority in the state in which they reside (which is 19 in AL, 21 in Mississippi and 18 in all other Eligible States), and who are physically located in an Eligible State, all at the date and time of entry. Employees, contractors, directors, officers and agents of Borden Dairy Company (“Sponsor”), Wencel Worldwide, Inc., each of their parent companies, affiliates, subsidiaries, distributors, sales representatives, and advertising, promotion and judging agencies and all other service agencies involved with the Contest, and members of each such employee’s, contractors’ directors’ officers’ and agents immediate family (i.e., spouse, parent, child, grandchild, sibling and their respective spouses, regardless of where the reside) and those living in the same household of each (whether legally related or not) are not eligible to enter or win this Contest. This Contest is void where prohibited by law.
  1. Sponsor: Borden Dairy Company, 8750 N. Central Expy #400, Dallas, Texas 75231.
  1. Contest Entry Period: The Contest begins on or about 4:00 p.m. Central Time (“CT”) on October 26th, 2018 and all entries must be received on or before 11:59:59 p.m. CT on October 30th, 2018 (the “Contest Entry Period”). All entries must be received before the conclusion of the Contest Entry Period to be valid.
  1. How to Enter: To participate and enter this Contest, individuals will need a Facebook account (“Facebook Account”). If you don’t already have a Facebook Account, visit www.facebook.com to create a Facebook Account; creating a Facebook Account is free. By submitting your information and creating a Facebook Account, you will be required to agree to the Facebook’s Terms and Data Use Policy. If you do not agree to Facebook’s Terms and Data Use Policy, you cannot create a Facebook Account or participate in this Contest.Once logged into your Facebook Account, to enter the Contest, during the Entry Period, visit the “Elsie The Cow”Facebook Page at https://www.facebook.com/elsiethecow (the “Page”). Next, click on the Contest ad on the Page and entrants can then enter the Contest through the application that interacts with the Page. The application will contain a description of the Contest and the official entry form. Each entrant will be asked to submit an official entry form, which may include, among other things, his/her full name, address (no P.O. Boxes), email address, gender, date of birth and related registration information as prompted. Additionally, during the Contest Entry Period, take an original photograph of your spookily carved pumpkin and upload the photo on the entry form to receive one (1) entry into the Contest. Entrant must complete and submit the entry form with all required information for the entry to be eligible. Individuals who do not follow all of the instructions, provide the required information in their registration form and/or abide by these Official Rules or other instructions of Sponsor may be disqualified. Contest entries must comply with the Content requirements set forth herein to be valid. As used herein, “Content” refers to all content you submit in connection with the Contest (including, but not limited to, any pictures, images, videos, descriptions, writings, explanations, hashtags, tag names, etc.). Sponsor reserves the right to remove any Content that does not adhere to the submission requirements, as determined in Sponsor’s sole discretion, and/or disqualify the entrant. All Content must be in the following file formats: jpg, jpeg or png. By submitting Content for the Contest, you hereby warrant and represent that your Content conforms to the Content Requirements set forth herein. All Content will be subject to Facebook’s Terms of Use (found at www.facebook.comhttps://www.facebook.com/elsiethecow

Limit: One (1) entry per person/e-mail address/Facebook Account during the Contest Entry Period.

Automated entries are prohibited, and any use of automated devices will cause disqualification. Entrants may not enter with multiple e-mail addresses or Facebook Accounts nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. Any entrant who attempts to enter with multiple e-mail addresses, multiple Facebook Accounts, under multiple identities, or uses any device or artifice to register multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion. Multiple entrants are not permitted to share the same e-mail address and/or Facebook Account. Should multiple users of the same Facebook Account enter the Contest and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said account at the time of entry will be considered the entrant. “Authorized Account Holder” is defined as the natural person who is assigned an account by a Facebook or other organization which is responsible for assigning accounts or the domain associated with the submitted e-mail address. Potential winner may be required to show proof of being the Authorized Account Holder.

  1. Intellectual Property: Entrant, upon submission of his or her Content to the Contest, irrevocably grants to Sponsor, and each of its licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Content, and all images, text and materials included or depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to entrants or any third party, except for the awarding of the prize to the winner in this Contest. Entrants agree that during the Contest Entry Period, they shall not make, and shall not permit, any other public use, display or distribution of the Content, and they shall maintain all rights without encumbrances so that, if Sponsor desires, entrants can assign all rights in and to Content if selected as the winner. Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works of Content, to assign or transfer any or all of Sponsor’s granted rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the Content submitted as part of the Contest, and all images, text and materials included or depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all “moral rights (droit moral)” now or hereafter recognized in connection with Content submitted as part of the Contest. Entrants acknowledge that as a condition of participating in the Contest and/or being selected as the winner, Sponsor may request that the entrant’s Content, and any rights therein, be assigned to Sponsor and entrants may be required to confirm such assignment by completing and submitting the Prize Acceptance Documents (defined below) (and any other documents reasonably required by Sponsor) or such entrant will otherwise be disqualified from receiving his/her prize. Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of Content and are not obligated to use any Content. Entrants agree that Sponsor, nor its agents, shall be responsible for return or preservation of the Content submitted. All Content that is posted on Facebook or elsewhere are available to be viewed by anyone with access to the Internet.

Each entrant acknowledges that Content is not being submitted in confidence or in trust to Sponsor and that no confidential or fiduciary relationship is intended or created. Each entrant acknowledges that Sponsor and other entrants may have created ideas and concepts contained in their Content that may have familiarities or similarities to his/her own Content, and that he/she will not be entitled to any compensation or right to negotiate with Sponsor because of these familiarities or similarities. Notwithstanding any custom and practice in the industry to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their Content and there is no obligation for Sponsor to pay or otherwise compensate entrants for any of their ideas or materials in any communications with Sponsor, whatsoever. Content is not confidential and Sponsor’s only obligations to entrants regarding Content are as specifically set forth in these Official Rules. The decisions of the Sponsor are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules. Entrant, by participating in the Contest, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide, in perpetuity, without notice or review or approval. Sponsor reserves the right to request from entrant at any time proof that entrant maintains all necessary rights in their Content in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the entrant being disqualified from the Contest.

  1. Content Requirements: By entering the Contest, entrant represents and warrants that he or she has read, understands, agrees to and will follow the Official Rules. Entrant further represents and warrants that his or her Content and all materials and matter therein: (a) (except for elements that are within the public domain or are provided by Sponsor for inclusion in Contents) are wholly original with such entrant and are not a copy or imitation of any other material or entrant has all necessary rights to grant the Sponsor the rights granted hereunder and exercise such without obligation or liability to any third party; (b) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (c) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and that he or she has complied and has obtained all permissions, licenses and consents that are necessary for the Content of the Content and the use of the Content and to verify compliance with the foregoing requirements. Entrant agrees to provide to Sponsor at Sponsor’s request copies of all such permissions, licenses and consents. Sponsor reserves the right, in its sole discretion, to disqualify and/or not to post on Facebook any Content that Sponsor determines does not comply with these Official Rules, to make such changes to any Content as are necessary to make it compliant, or to require the entrant to do so. Entrant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise encumbered his/her Content, or any images, text and materials depicted therein, to any other third party. Further, entrant represents and warrants that Sponsor’s use of any Content, including any images, text and materials depicted therein, shall not violate an agreement to which such entrant has signed. Entrant agrees to indemnify, defend and hold the Released Parties (defined below) harmless from and against any third party claims, to the extent arising out of or relating to any breach of any representation, warranty or covenant made by entrant in connection with his or her acceptance of these Official Rules or Contest activities. Any entrant whose Content includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Content, in a form satisfactory to administrator, upon request, prior to award of prize and/or naming of entrant as a winner.

All Content submitted by you must conform to the additional submission requirements set forth herein:

  • Content must comply with these Official Rules, Facebook’s Terms of Service and any Terms of Service posted on the Contest application (if any);
  • Content uploaded through Facebook must be in digital format and must comply with the posting requirements set forth above and as posted on the Facebook platform;
  • Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
  • Content cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
  • Content cannot be obscene or offensive, endorse any form of hate or hate group;
  • Content cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
  • Content cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
  • Content cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission; Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant (except copyrighted materials owned by Sponsor) is grounds for disqualification from the Contest. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your Content and grant the rights herein granted to Sponsor;
  • No background artwork should appear in Content unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in Content must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein;
  • Content cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
  • Content cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
  • Content cannot depict, and cannot itself, be in violation of any law.

Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Contest submission requirements set forth herein in its reasonable discretion. Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Contest Entry Period, to request that any entrant resubmit his or her Content which fails to comply with the Contest entry requirements prior to any judging period.

  1. Winner Selection and Notification: On or around October 31st, 2018, each entrant’s entry shall be judged by the Sponsor’s selected judges based equally on the following criteria (equally weighted): (i) creativity; and (ii) originality. The one (1) entrant receiving the highest score will be the potential winner, subject to verification. In the event of a tie, a new judge, selected by the Sponsor, in its sole discretion, will judge the tied entries based on the judging criteria set forth above, with the entrant receiving the highest score being the winner, subject to verification. Judges’ and Sponsor’s decisions are final and binding in all aspects of this Contest.

On or around October 31st, 2018, the potential winner will be notified using the information provided during entry by any of email mail, a post on the potentially winning entry or through a direct message on a social media platform (if applicable) (method to be selected by Sponsor in its sole discretion). The potential winner is subject to verification. If a potential winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if a winner cannot be verified, or if a winner is otherwise unable or unwilling to accept and claim the prize as stated, then winner may be disqualified and the prize may be forfeited in Sponsor’s sole discretion. In the event that the potential winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant who will be selected in a manner deemed fair and equitable by the Sponsor. Winner may be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release (collectively, “Prize Acceptance Documents”), within ten (10) business days of attempted notification or prize may be forfeited. If Sponsor shall desire to secure additional assignments, certificates of engagement for the Content or other documents as Sponsor may reasonably require in order to effectuate the purpose and intent of these Official Rules, then entrant agrees to sign the same upon Sponsor’s reasonable request therefor. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants. The Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winner.

  1. Prize: One (1) winner will receive fifty-two (52) individual redemption coupons, each with a maximum redemption value of $5.72 for a free gallon of Borden Dairy chocolate milk, which may be used once a week to purchase the milk for a year for the winner. The coupon amount will be the approximate amount of the cost of 1 gallon of Sponsor’s milk per week for 52 weeks. The prize has a total approximate retail value (“ARV”) of: $300. Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Prize winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, is used. Please allow 4-6 weeks for shipment of prize after confirmation. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. All prizes are awarded “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). Unclaimed prizes will be forfeited. Sponsor reserves the right to award the prize in the form of a gift card that may be used for redemption of the year’s supply of chocolate milk.
  1. Release: As a condition of entering, entrants agree to release, discharge, indemnify and hold harmless the Sponsor, Wencel Worldwide, Inc., Facebook, their respective affiliates, subsidiaries, retailers, and agents, and each of their respective officers, directors, employees and agents (collectively, “Released Parties”), from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) entrants’ participation in the Contest (including travel to/from any Contest activity); (ii) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any prize event or activity); (iii) the Released Parties’ 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; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize. Without limiting the generality of the foregoing, entrants agree that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose. Entrants agree and that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor interruption or inability to access the website, application or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Contest; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties 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 a prize, including express warranties provided exclusively by a prize supplier that may be sent along with a prize. The Released Parties are not responsible for any changes or unavailability of the social media platform used for purposes of administering this Contest that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the social media platform for the Contest as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via the social media platform, in which case Sponsor, in its sole discretion, may terminate or modify the Contest. If entrant is an eligible minor, his/her parent or legal guardian must agree to these Official Rules, including, without limitation, this Section. Under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby knowingly and expressly waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased. All causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.
  1. Suspension / Modification / Termination: In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Contest or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Contest; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
  1. Publicity: Except where prohibited by law, winner irrevocably grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor, and those acting under its authority, to irrevocably use his/her name, photograph, and/or likeness, for advertising and/or publicity purposes in any and all media and by any and all means and manners now known or hereinafter invented, worldwide, in perpetuity, without territorial or time limitations and without obligations, notice or compensation, except for the awarding of the prizes to the winner. Sponsor shall have no obligation (express or implied) to use any or to otherwise exploit any Content or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Content for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
  1. General Conditions: Sponsor is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of the entries. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. In the event of cancellation, Sponsor will award the prizes from among all eligible, non-suspect entries received prior to cancellation in a manner deemed fair and equitable. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions, the website, or network connections that are human or technical in nature. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process, the website, or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the Contest Website. Persons who tamper with or abuse any aspect of the Contest or website or who are in violation of these Official Rules, as solely determined by Sponsor, may be disqualified and all associated entries voided, all in Sponsor’s sole judgment. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or Content of entries, or should the Contest be unable to run as planned for any other reason, Sponsor reserves the right, in its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winner from all eligible, non-suspect entries received prior to the action taken or as otherwise deemed fair and appropriate by Sponsor. The Released Parties are not responsible 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 or other account to receive messages.
  1. Binding Arbitration: Any controversy or claim arising out of or relating to this Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) ENTRANT’S 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 SET FORTH ABOVE SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.

  1. Governing Law & Jurisdiction: All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Texas, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 13 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Texas, in the City of Dallas.
  1. Entrant’s Personal Information: As a condition of entering the Contest, 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 Contest 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 Contest or on a Contest Winner’s list.
  1. Winner’s List: For a list of winners, mail a self-addressed, stamped envelope to: Carve, Post, and Win with Borden Dairy Contest Winner’s List Request, 2210 Midwest Rd #107, Oak Brook, IL 60523. Requests must be received no later than December 30th, 2018.
  1. Miscellaneous: The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Documents will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Documents 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 Contest-related materials, privacy policy or terms of use on any website or online service and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.