Borden Dairy State Fair Milk Sweepstakes

Borden Dairy State Fair Milk Sweepstakes

Official Rules

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

• 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 SWEEPSTAKES.

• THE SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM.

THIS SWEEPSTAKES 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 ALABAMA, LOUISIANA, MISSISSIPPI, AND TEXAS (COLLECTIVELY, “ELIGIBLE STATES”), WHO ARE THE AGE OF MAJORITY OR OLDER IN THEIR STATE OF RESIDENCE (WHICH IS 19 IN ALABAMA, 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 Sweepstakes.  Winning a prize is contingent upon fulfilling all requirements set forth herein.

1. Eligibility: The Borden Dairy State Fair Milk Sweepstakes (the “Sweepstakes”) 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 Alabama, 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 Sweepstakes, and members of each such employees’, contractors’ directors’, officers’ and agents’ immediate family (i.e., spouse, parent, child, grandchild, sibling and their respective spouses, regardless of where they reside) and those living in the same household of each (whether legally related or not) are not eligible to enter or win this Sweepstakes.  

This Sweepstakes is void where prohibited by law.  

2. Sponsor: Borden Dairy Company, 8750 N. Central Expressway, #400, Dallas, Texas 75231.

3. Sweepstakes Entry Period:  The Sweepstakes begins on September 27, 2019 at 12:00:01 a.m. Central Time (“CT”) and ends on October 20, 2019, at 11:59:59 pm CT (the “Sweepstakes Entry Period”).  All entries must be received before the conclusion of the Sweepstakes Entry Period to be valid.

4. How to Enter:  

Sponsor has posted images of each Borden State Fair Inspiration product at https://www.instagram.com/p/B27V5pOgYCT/?utm_source=ig_web_copy_link. Participants must choose the image of their favorite Borden State Fair Inspirations product and post the image to Instagram.  Alternatively, participants may access an image of their favorite Borden State Fair Inspirations product via the [Borden contest web app] and vote for their favorite product by posting the image through the [Borden contest web app].  By posting the image on Instagram or the [Borden contest web app], the participant submits a “vote” for the featured product as the participant’s favorite flavor.

You may enter the Sweepstakes via Instagram or the [Borden contest web app].  

1. To participate and enter this Sweepstakes via Instagram, individuals will need an Instagram account (“Instagram Account”).  If you don’t already have an Instagram Account, visit https://www.instagram.com/accounts/emailsignup/ to create an Instagram Account; creating an Instagram Account is free.  By submitting your information and creating an Instagram Account, you will be required to agree to the Instagram Terms, Data Policy, and Cookies Policy.  If you do not agree to Instagram’s Terms, Data Policy, and Cookie Policy, you cannot create an Instagram Account or participate in this Sweepstakes via Instagram.  Once logged into your Instagram Account, to enter the Sweepstakes, during the Entry Period, visit https://www.instagram.com/bordendairy and post or share the image of your favorite product as your entry, tagging @BordenDairy, along with #BordenSweepstakes and the hashtag that corresponds to the product featured in your post:

@BordenDairy #BordenSweepstakes #BordenBlueberryCobbler

@BordenDairy #BordenSweepstakes #BordenCottonCandy

@BordenDairy #BordenSweepstakes #BordenBananaSplit

Note:  If your Instagram account is set to “protected mode” or “private” your entry may not be visible and may not be received by Sponsor.  Your Instagram account and entry must be set to “public” and must not be “protected.”

1. To participate and enter this Sweepstakes via the [Borden contest web app], you must access https://a.cstmapp.com/p/33025, follow the instructions provided by the Borden online web app, and choose and upload the image of your favorite Borden State Fair Inspirations product.  To submit an entry via the [Borden contest web app], you will be required to provide your name and email address and agree to these Official Rules, before clicking submit to submit your entry.

Your entry will be reviewed for compliance with the requirements in these Official Rules and if approved your entry will be included in the Sweepstakes.    

Qualified entries will receive one (1) entry into the Sweepstakes.  

Individuals who do not follow all of the instructions and/or abide by these Official Rules or other instructions of Sponsor may be disqualified. Sweepstakes 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 Sweepstakes (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.  By submitting Content for the Sweepstakes, you hereby warrant and represent that your Content conforms to the Content Requirements set forth herein. For entries made via Instagram, all Content in those entries will be subject to Instagram’s Terms of Use (found at https://help.instagram.com/581066165581870), and must comply with the requirements set forth herein.

ENTRIES WILL NOT BE JUDGED.  WINNERS WILL BE SELECTED VIA A RANDOM DRAWING.

Limit:  One entry per person. You may not enter both through Instagram and the [Borden contest web app].

Automated entries are prohibited, and any use of automated devices will cause disqualification. Entrants may not enter with multiple e-mail addresses or Instagram 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 Instagram 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 Instagram Account.  Should multiple users of the same Instagram Account enter the Sweepstakes and a dispute thereafter arises 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 Instagram 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.

5. Intellectual Property.  Entrant, upon entry of his or her Content to the Sweepstakes, 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 Sweepstakes.  Entrants agree that during the Sweepstakes 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 a 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 Sweepstakes, 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 Sweepstakes.  Entrants acknowledge that as a condition of participating in the Sweepstakes and/or being selected as a 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(s). 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 to determine the extent and manner of use of Content and is not obligated to use any Content. Entrants agree that neither Sponsor, nor its agents, shall be responsible for return or preservation of the Content submitted. All Content that are posted on Instagram 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 the 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 the 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 the 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 Sweepstakes, including interpretation and application of these Official Rules. 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 Sweepstakes.

6. Content Requirements: By entering the Sweepstakes, 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 Content) 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 Instagram or the [Borden contest web app] 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 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 Sweepstakes 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) other than those provided by Sponsor for inclusion in Content must be able to provide legal releases for such use including Sponsor’s use of such Content, in a form satisfactory to the Sponsor, upon request, prior to award of prize, if any.

By submitting Content, you agree that your Content is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to use or otherwise disclose the ideas contained in the Content on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Content, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.

BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY AND CONTENT MAY BE POSTED ON SPONSOR’S WEBSITE OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN SPONSOR’S DISCRETION.  

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

• Content must comply with these Official Rules, Instagram’s Terms of Service (for entries made via Instagram) and any Terms of Service posted on the [Borden contest web app];
• Content uploaded through Instagram must be in digital format  and must comply with the posting requirements set forth above and as posted on the Instagram 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 Sweepstakes.  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 of entrants.  Sponsor reserves the right to waive the Sweepstakes submission requirements set forth herein in its reasonable discretion.  Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Sweepstakes Entry Period, to request that any entrant resubmit his or her Content which fails to comply with the Sweepstakes entry requirements prior to any judging or voting period.

7. Prize: Fifteen (15) winners will each receive one (1) VISA gift card with a face value of $100 (one hundred and 00/100 dollars).  Each prize has a total approximate retail value (“ARV”) of: $100 (one hundred and 00/100 dollars). 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 prize(s) 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 prize(s) will be forfeited. The odds of winning depend on the number of eligible entries received. 

8. Winner Selection and Notification: On or around October 20, 2019, the Sponsor will tabulate all qualifying entries and determine which Borden State Fair Inspirations product received the most votes, as represented by photos of product that were posted or uploaded, as applicable.  After determining the winning flavor, the Sponsor will delete all entries that did not “vote” for the winning flavor and create a pool of potential winners. From the group of potential winners, the Sponsor will randomly draw fifteen (15) winners.  Sponsor’s decisions are final and binding in all aspects of this Sweepstakes. 

On or around November 4, 2019, potential winners will be notified via email or for entries made via Instagram, at Sponsor’s discretion, a message to their Instagram account.  Potential winners are 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 a 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. Winners 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 purposes and intent of these Official Rules, then entrant agrees to sign the same upon Sponsor’s request therefor.  Prizes won by an eligible entrant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian, who must sign and return all required documents. 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.

9. Release: As a condition of entering, entrants agree: to release, discharge, indemnify and hold harmless the Sponsor, its affiliates, subsidiaries, retailers, and agents, Wencel Worldwide, Inc., and each of their officers, directors, employees and agents, and Instagram (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 Sweepstakes (including travel to/from any Sweepstakes 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 Sweepstakes 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 Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose. Entrants agree 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 [Borden contest web app], 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 Sweepstakes; 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 Sweepstakes 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 Sweepstakes that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the social media platform for the Sweepstakes 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 Sweepstakes. 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 Sweepstakes, 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.

10. Publicity: Except where prohibited by law, entrant 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, address (city and state), photograph, voice and/or other 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 prize(s) 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.

11. 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 Sweepstakes or by any technical or human error which may occur in the processing of the entries.  Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions, the [Borden contest web app], or network connections that are human or technical in nature. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable 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 Sweepstakes by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction,  impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In the event of cancellation, Sponsor may choose, in its sole discretion, to award the prizes from among all eligible, non-suspect entries received prior to cancellation in a manner deemed fair and equitable. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process, the [Borden contest web app], or the operation of the Sweepstakes 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 Sweepstakes 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 Sweepstakes or downloading materials from or use of the [Borden contest web app]. 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.  

12. Binding Arbitration: Any controversy or claim arising out of or relating to this Sweepstakes 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 SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. 

BY PARTICIPATING IN THE SWEEPSTAKES, 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 SWEEPSTAKES, 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.

13. Governing Law & Jurisdiction: All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Sweepstakes, 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 12 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.

14. Entrant’s Personal Information: As a condition of entering the Sweepstakes, 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. 

15. Winner’s List: For a list of winners, mail a self-addressed, stamped envelope to: Borden Dairy State Fair Milk Sweepstakes Winner’s List Request, 2210 Midwest Rd #107, Oak Brook, IL 60523.  Requests must be received no later than December 30th, 2019.

16. 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 Sweepstakes-related materials, privacy policy or terms of use on any website or online service or the [Borden contest web app] and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.