Chobani “I Dream of Creamer” Flavor Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING. BY ENTERING 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.
Contest Overview: Chobani, LLC (hereinafter “Chobani” or “Sponsor”) is seeking ideas for its next coffee creamer flavor, and the flavor that wins this Contest will be brought to life and made available for consumers to enjoy. The new, winning flavor, like all Chobani flavors, will be made with only natural ingredients including farm-fresh cream, real milk, and real cane sugar In order to be considered, Contest entries must include the proposed new flavor, the key ingredients associated with the proposed new flavor, and a short essay describing how the entrant drew inspiration for the proposed flavor. When judging the Contest entries, Sponsor will first evaluate whether a proposed flavor and its proposed ingredient list is commercially feasible (an analysis to determine whether a proposed flavor is commercially feasible includes examining the cost and availability of the ingredients, whether the flavor is already included in future plans, and current manufacturing capability to produce the proposed flavor). Of those commercially feasible flavors, Sponsor will evaluate each flavor and select three flavors based on prospective customer appeal of the flavor, the fit within the Chobani Creamer portfolio and is in line with the ethos of the Chobani brand and the flavor’s taste and sensory appeal. Sponsor will select three Finalists, one representing each of the three selected flavors, based on its review of the essays submitted by each entrant. After Sponsor selects the three Finalists, the public will vote on their favorite proposed creamer flavor. The Finalist with the top-voted flavor will be deemed the grand prize winner. Not only will the grand prize winner get to see his/her proposed flavor come to life, but Sponsor will also award a cash prize to the grand prize winner. The two other Finalists will also receive smaller cash prizes. The value of the cash prize awarded to each Finalist will depend on the results of the public vote. All Contest details are described herein.
1. Eligibility: Chobani “I Dream of Creamer” Flavor Contest (the “Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Chobani, LLC, Merkle Inc., and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
2.Sponsor: Chobani, LLC, 200 Lafayette Street, New York, New York 10012.
Administrator: Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
3. Agreement to Official Rules: By participating, entrants agree: (a) to these Official Rules and decisions of Sponsor and Administrator, which shall be final in all respects relating to this Contest; and (b) to release, discharge and hold harmless Sponsor, Administrator, its affiliates, subsidiaries, advertising and promotion agencies, agents and representatives and their respective officers, directors and employees 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 Contest. Sponsor, Administrator and its affiliates, subsidiaries, advertising and promotion agencies, agents and representatives and their respective officers, directors and employees disclaim all and any liability for the actual provision, quality or nature of any third-party product or service accepted by the Winners. Winning a prize is contingent upon fulfilling all requirements, including consent to a confidential background check. If a background check reveals that a potential Finalist has engaged in conduct that could damage the reputation of or reflect unfavorably on Sponsor or any of the Released Parties, as determined by Sponsor in its discretion, the potential Finalist may be disqualified.
4. Timing: The Contest opens on February 1, 2021 at 12:00 a.m. Eastern Time ("ET") and entrants must enter their Contest Submission by February 28, 2021 at 11:59 p.m. ET (the “Contest Submission Period”). Administrator's computer is the official time-keeping device for the Contest. There will be a public “Voting Period” that will start in the summer of 2021 (exact date to be announced) and last for approximately four (4) weeks. This Voting Period will be announced on the Promotional Website.
5. How to Participate: During the Contest Submission Period, visit http://www.chobanicoffeecreamer.com/ (the “Promotional Website”) and follow the links and instructions to complete and submit the registration form, including providing your full name and a valid email address. Then, follow the directions to submit the below information about your proposed new Chobani creamer flavor:
(a) your proposed coffee creamer flavor (see flavor considerations below for some guidance);
(b) a list of the all ingredients you would use to create the proposed flavor, and
(c) an essay describing how you drew inspiration for your flavor (must not exceed 300 words, in English only), herein “Essay”.
Collectively, the aforementioned content submitted by an entrant shall be referred to and identified as your “Submission.”
Your proposed Flavor must not be one of our current or recent flavors, which includes caramel, hazelnut, sweet cream, vanilla, cookies & cream, pumpkin spice, peppermint mocha, almond coconut and chocolate, and s’mores. In addition, keep in mind that Chobani coffee creamers are all made with farm-fresh cream, real milk, and real cane sugar. Your proposed flavor must be one that can be manufactured in alignment with Sponsor’s approach to using only natural ingredients.
Your Submission need not include any reference, positive or negative, to Sponsor’s products or services. Including a reference to Sponsor’s products/services in your Contest Submission will not improve your chances of winning. By uploading your Submission, you agree that it conforms to the permissions and content restrictions below. Sponsor, in its sole discretion, may disqualify you if it believes that it fails to conform. Where your Submission meets all requirements, your Submission will be deemed one (1) Contest entry.
Permissions: Entrant must have permission from any recognizable individuals who are referenced in the Submission to use their names in the Submission and to grant the rights set forth herein. Minors may only be included in the Submission if entrant is their parent or legal guardian. If requested, entrant must be able to provide such permissions or proof in a form acceptable to Sponsor.
• The Submission must be your original work;
• The Submission must not include any food, regulatory or marketing claims;
• The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement and therefore must not contain brand names or trademarks;
• The Submission must not disparage Sponsor, or any other person or party;
• The Submission must not contain material that is inappropriate, offensive, indecent, obscene, sexually explicit, tortious, defamatory, slanderous or libelous;
• Your Submission must not make references to or include alcohol, illegal drugs, tobacco, or firearms/weapons, any activities that are or appear to be dangerous, or any political agenda;
• The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and
• The Submission must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any state where Submission is created.
Limit: Each entrant may upload up to one (1) Submission during the Contest Submission Period. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder. Released Parties (as defined in Section 11, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed, or misdirected Submissions; all of which will be void.
6. Sponsor's Use of Flavor Submissions: Uploading your Submission to participate in this Contest constitutes entrant’s release of any rights he/she maintains in the suggested flavor, ingredient list and supporting Essay. Consequently, Sponsor may use the aforementioned freely and in any manner that it seeks without any compensation as the entrant conveys all rights to Sponsor. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to perfect its ownership in the Submission. Sponsor intends to manufacture a creamer with the flavor that receives the most votes. The official name, ingredients used to produce the creamer and any other aspect of this product will be solely determined by Sponsor.
7. Determination of the top three flavors and the Finalists for each top flavor: After the conclusion of the Contest Submission Period, Sponsor’s Evaluation Team will first evaluate each proposed flavor to determine if it is commercially feasible (this analysis includes examining the cost and availability of the ingredients, whether the flavor is already included in future plans, and confirmation that Chobani’s manufacturing facilities have the capabilities to produce the proposed flavor at the time of this promotion).
Next, the Evaluation Team will judge and score each proposed commercially feasible flavor based on the following criteria and will select the three (3) flavors that receive the highest scores based on these criteria:
• Prospective customer and consumer appeal of the flavor (35%);
• The proposed flavor fits within the Chobani Creamer portfolio and aligns with Chobani’s ethos of delicious, nutricious and accessible foods (30%); and
• Flavor’s taste and sensory appeal will elevate the coffee-drinking experience (35%)
Sponsor expects that multiple entrants will submit flavors that are identical or substantially similar to the three (3) flavors that it selects. Accordingly, once Sponsor has selected the top three (3) flavors, its Evaluation Team will review the Essay submitted by each entrant whose Submission includes the identical or substantially similar flavor and/or identical or substantially similar ingredients to those that Sponsor would use to create the three (3) selected flavors based on the following judging criteria:
• Essay is thoughtful and personal to entrant (30%);
• Essay’s content is unique (30%); and
• Essay provides content that would be beneficial to marketing the flavor (40%)
Subject to entrant’s compliance with the Official Rules, for each of the three top flavors, the entrant whose Essay receives the highest score will be deemed the potential Finalist associated with the applicable flavor. In the event of a tie, the entrant whose essay received the highest score for “Essay provides content that would be beneficial to marketing the flavor,” as determined by Sponsor’s qualified judges, in their sole discretion, will be deemed the applicable potential Finalist from among the tied entrants. Sponsor will not disclose judging scores.
8. Finalist Requirements: Each potential Finalist will be notified by email. Each potential Finalist (parent/legal guardian if a minor in his/her state of residence) will be required to sign and return a Declaration of Compliance, Liability Waiver and, where not prohibited, a Publicity Release ("Declaration"), including consent to a confidential background check, which must be received by Administrator within four (4) days of the date notice or attempted notice is sent, in order to agree to be a Finalist and accept the prize (and tax liability associated with the prize) offered based on the results of the Public Vote. If a potential Finalist cannot be contacted, fails to execute and return the Declaration, does not comply with these Official Rules, or if the background check reveals that a potential Finalist has engaged in conduct that could damage the reputation of Sponsor or any of the Released Parties, as determined by Sponsor in its discretion, Sponsor may disqualify the potential Finalist from further participation in the Contest. If a potential Finalist is disqualified for any reason, the entrant who submitted the applicable Flavor and has received the next highest score for his/her Essay as described in Section 7 will be notified and will be offered the Finalist position.
9. Public Voting: During the Voting Period, dates to be announced on the Promotional Website, the top three flavors and their Finalists will be posted in an online gallery for public voting at the Promotional Website. Persons who meet the eligibility criteria as set forth in Section 1 will be permitted to vote for the flavor they believe has the most public appeal. Limit: Each person may vote one (1) time during the public Voting Period. Multiple votes received from any person or email address in excess of the stated number will be void. Any attempt by any Finalist, entrant or voter to influence voting by any fraudulent or inappropriate means, including without limitation, offering prizes or other inducements to members of the public as determined by Sponsor in its sole discretion, by using any automated program, by using multiple/different email addresses, identities, registrations and logins, or any other methods, will void those votes for applicable flavor and Finalist may be disqualified as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to select an alternate flavor and/or alternate winner should a Finalist appear to have acted in manner inconsistent with these Official Rules and/or the voting appears to have been tampered with or manipulated in any way.
Subject to the above assessment of the votes, the Finalist associated with the flavor that receives the most votes will be the Grand Prize winner. The Finalist associated with the flavor that receives the next largest number of votes will be the First Prize winner and the remaining Finalist will be the Second Prize winner. If there is a voting tie amongst flavors, Sponsor will use its original scoring of the flavors as described as Section 7 to determine the placement of each flavor, and therefore the prize awarded to each Finalist.
10. Prizes: ONE (1) GRAND PRIZE: $75,000 fulfilled as an ACH transfer to winner’s bank. Retail Value: $75,000. ONE (1) FIRST PRIZE: $15,000 fulfilled as an ACH transfer to winner’s bank. Retail Value: $15,000. ONE (1) SECOND PRIZE: $10,000 fulfilled as an ACH transfer to winner’s bank. check. Retail Value: $10,000. Each winner will be required to provide bank account details in order for the prize to be fulfilled. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Limit: One (1) prize per person. Prizes will be fulfilled 8 – 10 weeks after the end of the Contest.
11. Release: By receipt of any prize, each winner agrees to release and hold harmless the Sponsor, Administrator, and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
12. Publicity: Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, Submission, and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
13. Not an Offer of Employment/ Acknowledgment of Previous Flavor Development: Nothing in these Official Rules is an offer or contract of employment of any kind with any entity. Entrant acknowledges that Entrant’s flavor idea have been submitted voluntarily and not in confidence or in trust. Entrant acknowledges that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between Entrant and the Sponsor or any of the Released Parties and that no such relationship is established by entering this Contest pursuant to these Official Rules. Entrant acknowledges that flavor submitted may have been independently developed by Sponsor or its service providers or may have come to Sponsor from any other independent sources, and entrant waives any claim against Sponsor relating thereto.
14. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest if any fraud, technical failures, human error, any other factor impairs the integrity or proper functioning of the Contest, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Contest, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible entries received up to time of such action using the judging procedure outlined above. Sponsor may also modify the prizes offered. In addition, Sponsor reserves the right to disqualify any individual it finds to be tampering with the Entry process 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 and void all associated Entries. Any attempt by any person to deliberately 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 and other remedies (including attorneys’ fees) 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.
Failure by the Sponsor, Administrator 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 this Contest is challenged by any legal or regulatory authority (including but not limited to any federal or state governmental authority), Sponsor and Administrator reserve the right to discontinue or modify the Contest, as applicable, or to disqualify any Entrants residing in any affected geographic areas, as applicable. In such event, Sponsor, Administrator and their representatives shall have no liability to any Entrants who are disqualified due to such an action.
15. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submission.
16. Disputes: This contest 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, or the rights and obligations of the entrant and Sponsor in connection with the Contest, 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 American Arbitration Association (the “Arbitrator”). This arbitration provision limits the ability of you and Sponsor to litigate claims in court and you, Sponsor and Administrator each agree to waive your respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against Administrator or Sponsor in any state or federal court. You agree that if you do sue in state or federal court, and Administrator or Sponsor brings a successful motion to compel arbitration, you must pay all fees and costs incurred by Administrator and Sponsor in court, including reasonable attorney’s fees. For any such filing of a demand for arbitration, you must effect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, you may file your case with any national arbitration company. The Arbitrator shall apply the AAA Consumer Arbitration Rules effective September 1, 2014 (as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with Administrator or Sponsor. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate.
Except where prohibited, each entrant agrees that : (1) any and all disputes, claims and 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; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
18. Winner List: The winner list will be posted at https://bit.ly/3pmv3qR after winner confirmation is complete.
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