2019 CHOBANI TEACHER APPRECIATION CHALLENGES IN ARTS & READING, FOOD &HEATH, and SPORTS & WELLNESS

Official rules

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NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.
BY ENTERING ONE OR MORE OF THE CHALLENGES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE RELEASED PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

INTRODUCTION: This is a nomination-based Challenge sponsored and administered by Chobani, LLC (“Chobani”). Giving back to our communities has always been part of Chobani’s DNA and this month, we want to extend our gratitude to teachers during National Teacher Appreciation Month. We are offering three (3) separate sweepstakes with three (3) distinct prizes to award teachers who are making an impact in the Arts, Food, and Health and Wellness.

1.ELIGIBILITY: In order to nominate a teacher or yourself (a “Nominator”) you must be a legal resident of the 50 United States or the District of Columbia, who is at least 18 years of age at the time of submitting your nomination, unless you are nominating yourself as a Nominee, in which case you must be at least 21 years of age to be a Nominee.
A Nominator may nominate any individual that is:
(a) a legal resident of the 50 United States or District of Columbia;
(b) 21 years of age or older; and
(c) licensed kindergarten to 8th grade teacher currently employed at a Public or Private school (a “Nominee”).

A Nominator may nominate themselves as a Nominee. Three (3) Prizes will be awarded to the three (3) Nominees that win the three (3) separate Challenges (as defined below) (the “Winners”). Nominators do not receive a prize, unless the Nominator nominated himself or herself and wins a Challenge.

Immediate family members (spouses and/or parents, children, and siblings, and their spouses) of Chobani, LLC officers, directors, and employees of Chobani LLC, and/or persons living in the same households as such persons (whether or not related thereto) are ineligible to participate in any Challenge.

Chobani reserves the right to verify eligibility requirements. All federal, state and local laws and regulations apply.  Void where prohibited by law.

The Challenge is subject to all applicable federal, state and local laws and regulations. Chobani reserves the right to verify eligibility requirements. Void where prohibited. Participation in any Challenge constitutes Nominator’s and Nominee’s full and unconditional agreement to these Official Rules and Chobani’s decisions, which are final and binding in all matters related to the Challenge. Winning a prize is contingent upon fulfilling all requirements set forth herein. Chobai’s decision as to eligibility shall be final.

2.ADMINISTRATOR: The Challenges are administered by Chobani, LLC (“Chobani”).

3.PROMOTION PERIOD: Nominators may submit one essay in support of their Nominee for each of the three (3) Challenges:

(i) Arts,
(ii) Food, and
(iii) Health & Wellness.

The promotion period begins at 10:00 am EST on May 7, 2019 and continues through 10:00 am EST on May 20, 2019.

4.PRIZE: Prizes are not transferrable, assignable or redeemable for cash. No prize substitutions may be made, except by the Chobani, in its sole discretion, who reserves the right to substitute any prize with an alternative prize of equal or greater value. Any taxes on the prize are the sole responsibility of the winner.

Challenge Prize Description Approximate Retail Value

Arts Mobile arts and crafts station for your classroom with a craft cabinet filled with art supplies and bookshelf display
$5,000.00
Food 1 Indoor garden Nutritower educational package
$1,300.00
Health & Wellness Sports prize pack from US Games complete with jump ropes, racquets, balls for every sport, and more
$4,000.00

5.HOW TO ENTER: To nominate a Nominee, go to WeLoveTeachers.Chobani.com (the “Challenge Website”) during the Promotion Period and:

a. Follow the online instructions to complete the nomination form for each of the Challenges that you want to enter a Nominee;
b. Provide your Nominee’s First and Last Name and his/her school email address and the name of the school where the Nominee teaches, Prize selection, and the Nominator’s First and Last Name, email address and phone number;
c. Your essay in support of your Nominee (1,000 words max) describing how the Nominee has created an impact in the subjects of Arts, Food, and Health & Wellness to create an environment where their students can be the best they can be.
d. Check the boxes confirming that you have (i) read and agree to Chobani’s privacy policy (www.chobani.com/privacy-policy/) and website terms and conditions (www.chobani.com/terms-and-conditions/#terms-of-use-of-this-website), and (ii) that you have read and agree to abide by these Official Rules and Entry Statement, and (iii) that you have the permission of your Nominee to be included in your submission.

Your essay must be your original work containing no more than 1000 words, be suitable for publication, and written in English.

Non-compliant submissions will not be considered. Eligible submissions must be consistent with the Contest theme. Submissions may not:

a) contain materials embodying the first or last names or likeness identifying any person without permission;
b) be indecent, obscene, hateful, offensive, tortious, defamatory, or libelous;
c) contain material that violates, infringes or otherwise misappropriates the rights of any third party (including trademark rights, copyrights, and rights of publicity);
d) improperly or incorrectly suggest that Chobani endorses, or is affiliated with any Nominee, Nominator or any third party;
e) disparage or demean Chobani or any person, party or entity;
f) promote alcohol, drugs, tobacco, violence, or firearms/weapons (or the use of any of the foregoing); or
g) contain material that is unlawful in any way.

Any submission that violates any of the foregoing restrictions, in Chobani's sole discretion, shall be void and will not be considered for any Challenge. By enter, Nominator represents that he/she has permission from the Nominee. If requested, Nominator must be able to provide such permissions in a form acceptable to Chobani. Chobani reserves the right to remove and/or disqualify any submissions that it finds unlawful, or in violation of these Official Rules, all in its sole discretion. Chobani reserves the right to post (or to not post) any submission onto any Challenge-related gallery. Chobani reserves the right to remove any submission from the Challenge Website at any time, for whatever reason, including subsequent determination that a submission does not comply with these Official Rules.

6.NUMBER OF ENTRIES: A Nominator can nominate the same or different teacher for each of the three (3) Challenges, and the same nominee could potentially win all three (3) Challenges. However, a Nominator is prohibited from submitting more than one nomination per Challenge. Entries are not transferable or assignable. Entries that are incomplete, illegible or unintelligible for any reason are void and will not be accepted. Only complete, eligible and intelligible Submissions uploaded through the Challenge Website will be accepted. All entries become the property of the Chobani and will not be acknowledged or returned.

The odds of winning depend on the number of eligible Submissions received during the Promotion Period and judging criteria.

  1. JUDGING CRITERIA: Entries will be judged by Chobani based on the following criteria in order to determine a winner for each of the three (3) Challenges:

(a) Relevance to the Challenge theme;
(b) The Nominee’s impact on his/her students; and
(c) Content and originality.

A prize for each Challenge will be awarded, provided there is a sufficient number of qualified entries. Chobani maintains sole and final judgement in awarding the Prizes and Chobani’s decisions are final and binding.

8.WINNER NOTIFICATION: On or about May 31, 2019, Chobani will notify the winners (and those who nominated the winners) of the Arts, Food, and Health & Wellness Challenges.

Obtaining a Prize is subject to verification of potential winner’s eligibility and full compliance with these Official Rules. Except where prohibited, a selected potential Winner will be required to complete and return to Chobani an Affidavit of Eligibility and a Liability/Publicity Release Form (“Affidavit and Release”) within seven (7) days of receiving the Affidavit and Release. Only after the Affidavit and Release is received by Chobani will a potential winner become an “Official Winner” for purposes of the Challenges. Failure to return the signed Affidavit and Release within seven (7) days following the date Chobani provides the documents to you may result in forfeiture of the prize. At the discretion of Chobani, winners may be required to produce picture identification or some other form of proper identification to claim the prize. If (a) a potential winner cannot be contacted as specified above; (b) he/she fails to return the signed Affidavit and Release by the deadline specified above; (c) any notification is returned as undeliverable; or (d) a potential winner is deemed ineligible for any other reason in the sole discretion of Sponsor, the potential winner will be disqualified and forfeit the prize and an alternate winner may be selected in his/her place from among the applicable remaining eligible Entries. Under no circumstances will more than the advertised number of prizes be awarded.

Once informed that you are an Official Winner, Sponsor shall arrange for the delivery of the Prize to the winner’s school during a time that is convenient for the school to receive the Prize.

9.GENERAL CONDITIONS: All decisions made by Chobani in connection with a challenge are binding and final in all respects. Chobani reserves the right to terminate, cancel, suspend and/or modify any Challenge.

By participating, entrants agree: (a) to these rules and decisions of Chobani, which shall be final in all respects relating to the Challenges; and (b) to release, discharge and hold harmless Chobani, its affiliates, subsidiaries, advertising and promotion agencies, agents and representatives and their respective officers, directors and employees (the “Released Parties”) from and against any and all liability, injuries, losses, damages, rights, claims and actions of any kind sustained in connection with his/her participation in the Sweepstakes and/or use of the Prizes.  The Released Parties disclaim all and any liability for the actual provision, quality or nature of any third-party product or service accepted by the Winner and those who use the third-party product or service.

This promotion is subject to all applicable United States federal, state, and local laws, rules and regulations. Issues concerning the construction, validity, interpretation, and enforceability of these Official Rules shall be governed by the laws of the State of New York, without regard to any principles of conflict of laws.  If the controversy or claim is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration administered by Judicial Arbitration and Mediation Services, Inc., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“JAMS Rules”).  The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in New York.  All disputes arising out of or connected with this promotion will be resolved individually, and without resort to class action.  The Chobani is not liable for any consequential, indirect, exemplary, or punitive damages, or for attorneys’ fees.

The Released Parties are not responsible for and shall not be liable for: (a) electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of sales data; (b) failed, incomplete, garbled or delayed computer transmissions; (c) lost, late, misdirected or postage-due mail; or (d) any condition caused by events beyond the control of the Chobani that may cause the promotion to be disrupted or corrupted.   

If, for any reason whatsoever, any Challenge is not capable of running as planned, including, but not limited to, by reason of infection by computer virus, tampering, fraud, technical failures, or any other cause which, in the Chobani’s judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of a Challenge, Chobani reserves the right at its sole discretion to cancel, terminate, modify or suspend the Challenge and limit entries to those submitted prior to the action taken, or to proceed in such a manner as may be deemed fair and equitable by Chobani in its sole discretion.

CAUTION:  ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A CHALLENGE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, CHOBANI RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

Failure by the Chobani and/or its representatives to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect. In the event that a Challenge is contested by any legal or regulatory authority (including but not limited to any federal or state governmental authority), Chobani reserves the right to discontinue or modify the Challenge, as applicable, or to disqualify any Nominators and/or Nominees residing in any affected geographic areas, as applicable. In such event, Chobani and its representative shall have no liability to those who are disqualified due to such an action.

10.USE OF INFORMATION: Except where legally prohibited, participation in a Challenge and acceptance of a Prize constitutes agreement and consent by the Nominators and their respective winners for Chobani to use Nominators and winners’ names, likenesses, photographs, voices, opinions and/or the name of the school, and/or Submissions for promotional purposes in any media now known or hereafter devised, worldwide, without further payment or consideration, notice, review or approval.

Entering a Challenge constitutes Nominator's consent to give Chobani, its successors, assigns and licensees, a royalty-free, irrevocable, perpetual non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display in whole or in part, his or her essay, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes without further compensation or approval. Such consent includes, among other things, consent for Chobani to display Nominator's essay in a public gallery to promote the Challenge and consent for Chobani to incorporate Nominator's essay in other content to support, advertise, and/or promote Chobani and current and future iterations of the Challenge.

If requested, Nominator will sign, and will cause his/her respective Nominee to sign, any documentation required for Chobani or its successors, assigns and licensees to make use of the non-exclusive rights Nominator is granting to use the essay.

11.RELEASE: By participating in a Challenge, all Nominators, Nominees and users of the Prizes (or if a minor, their parent/legal guardian) agree to forever and irrevocably release and hold harmless the Released Parties from any and all liability for any loss, harm, damage, injury, cost or expense of any nature whatsoever (including attorneys' fees) (collectively, "Losses") which may occur in connection with (a) a Challenge or any element thereof, including entry or participation, (b) delivery, possession, acceptance and/or use or misuse of any Prize or component thereof, or (c) participation in any Challenge-related activity or prize-related activity including without limitation in each case any Losses that may be caused or contributed to by (1) any wrongful, negligent or unauthorized act or omission on the part of any of the Released Parties, or any of their independent contractors or any other person or entity not an employee of any of the Released Parties, or (2) any other cause, condition or event whatsoever beyond the control of any of the Released Parties. In addition, by participating in a Challenge, each Nominator, Nominee, and users of the Prizes (or if a minor, their parent/legal guardian) agrees to indemnify and hold harmless the Released Parties from and against any and all damages, losses, costs and expenses (including amounts paid in settlement and reasonable attorneys' fees) incurred by any of the Released Parties in connection with any third-party claim, demand, liability, suit, proceeding or action arising out of or resulting from (i) breach or alleged breach of any representations, warranties or agreements of Nominator, Nominee, or users of the Prizes (as applicable) hereunder, or (ii) use or misuse of any prize or component thereof by the Nominator, Nominee or users of the Prizes. Each Nominator, Nominee, or users of the Prizes (as applicable) hereby acknowledges 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 any prize (or any components thereof) and that, except as prohibited by applicable law, prizes are provided "as is" without warranty of any kind, either express or implied. Released Parties hereby disclaim all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and/or non-infringement.

12.APPLICABLE LAW AND DISPUTES: This promotion is subject to all applicable United States federal, state, and local laws, rules and regulations. Issues concerning the construction, validity, interpretation, and enforceability of these Official Rules shall be governed by the laws of the State of New York, without regard to any principles of conflict of laws. If the controversy or claim is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration administered by Judicial Arbitration and Mediation Services, Inc., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice
law in New York. All disputes arising out of or connected with this promotion will be resolved individually, and without resort to class action. The Released Parties
are not liable for any consequential, indirect, exemplary, or punitive damages, or for attorneys’ fees.

13.PRIVACY: Information collected from Nominators will be used by Chobani in connection with its administration of the Challenges, including to notify, verify and confirm Winners and fulfill prizes. Information collected from Nominators is otherwise subject to and may be used and shared by Chobani in accordance with its Privacy Policy and applicable law.

14.WINNER LIST/OFFICIAL RULES:  To receive a copy of these Official Rules or a list identifying the Winner, send an email to fans@chobani.com, with the (i) name of the promotion, (ii) specific promotion period and (iii) whether you are requesting “Official Rules” or “Prize Winner” in the subject line.  All email requests must be received no later than two (2) months after the stated end date of the particular period referenced.

Sponsored by Chobani, LLC, 147 Highway 320, Norwich, NY 13815