Oui by Yoplait: Say Oui to Our Fall Favorites Sweepstakes
Amy Cowan Etsell
Kimberly Rae Gibson
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. MANY WILL ENTER, FEW WILL WIN. VOID WHERE PROHIBITED BY LAW.
1. Timing: The Oui by Yoplait Say Oui Sweepstakes (the “Sweepstakes”) begins on October 14, 2019 at 8:00 a.m. Central Standard Time (“CST”) and ends on October 27, 2019 at 11:59 p.m. CST (the “Sweepstakes Period”). Sponsor’s computer is the official time-keeping devise for the Sweepstakes.
2. Eligibility: Open only to legal residents of the fifty (50) United States and District of Columbia who are at least eighteen (18) years of age or older at time of entry. Void in Puerto Rico and where prohibited or restricted by law. Employees of General Mills, Administrator, and their respective parent companies, affiliates, advertising and promotion agencies, the judging organization, and immediate family members (spouse, parents, children, siblings, and each of their respective spouses, regardless of where they reside) or household members (whether or not related) of each are not eligible. Sweepstakes is subject to all federal, state and local laws and regulations. This Sweepstakes is intended for viewing in the United States only and shall only be construed and evaluated according to United States law. You are not authorized to participate in the Sweepstakes if you are not located within and a legal resident of the fifty (50) United States and the District of Columbia, at least eighteen (18) years of age or older at the time of entry.
3. How to Enter: There are two (2) options for entering the Sweepstakes during the Sweepstakes Period: Facebook or Instagram (each, a “Sweepstakes Entry Method”). Each Sweepstakes Entry Method involves posting the hashtag #OuiFallSweepstakes.
a. To enter via the Facebook Sweepstakes Entry method, visit the Oui by Yoplait Facebook page at http://www.facebook.com/ouibyyoplait or launch the Facebook mobile application. You can search for “Oui by Yoplait” in the Facebook application or internet browser to locate the Oui by Yoplait Facebook page. On or about October 14, 2019, Oui by Yoplait will post on Facebook about the Sweepstakes (the “Facebook Post”). To receive one (1) entry in the Sweepstakes locate the Facebook Post describing the sweepstakes and comment “#OuiFallSweepstakes”. A Facebook account is required to enter this Sweepstakes and is available for free at http://facebook.com. All terms and conditions of Facebook.com apply. Limit one (1) entry per person per Facebook account during the Sweepstakes Period. Entries received in excess of the above-stated limitation will be void. Entries must comply with the Facebook page Community Rules in order to be valid. Automated entries are prohibited, and any use of such automated devices or programs, script, macro or any other means which subvert the entry process will be void and will result in disqualification. You must have a data service plan with your wireless service provider or wireless internet service for your web-enabled mobile device and a device that supports the Facebook application to enter. By entering this Sweepstakes, you understand that data rates may apply. See your wireless provider for pricing plan details and mobile device capabilities. Entries are the property of Sponsor and will not be acknowledged or returned. To be eligible, all entries must be received by 11:59 P.M. CST on October 22, 2019, the end of the Sweepstakes Period.
b. To enter via the Instagram Sweepstakes Entry Method, visit the Oui by Yoplait Instagram page at https://www.instagram.com/ouibyyoplait or launch the Instagram mobile application and follow @OuibyYoplait if you are not a follower already. You can search for “Oui by Yoplait” in the Instagram application or visit https://www.instagram.com/ouibyyoplait in an internet browser to locate and follow @OuibyYoplait. On or about October 14, 2019, @OuibyYoplait will post on Instagram about the Sweepstakes (the “Instagram Post”). To receive one (1) entry in the Sweepstakes follow @OuibyYoplait, locate and like the Instagram Post comment on it using the hashtag #OuiFallSweepstakes, and tag a friend with an Instagram account in the Instagram Post comments. An Instagram account is required to enter and is available for free at https://instagram.com/. All terms and conditions of Instagram.com apply. Limit one (1) entry per person per Instagram account during the Sweepstakes Period. Entries received in excess of the above-stated limitation will be void. Entries must comply with the Instagram Community Guidelines in order to be valid. Automated entries are prohibited, and any use of such automated devices or programs, script, macro or any other means which subvert the entry process will be void and will result in disqualification. You must have a data service plan with your wireless service provider or wireless internet service for your web-enabled mobile device and a device that supports the Instagram application to enter. By entering this Sweepstakes, you understand that data rates may apply. See your wireless provider for pricing plan details and mobile device capabilities. Entries are the property of Sponsor and will not be acknowledged or returned. To be eligible, all entries must be received by 11:59 P.M. CST on October 22, 2019, the end of the Sweepstakes Period.
Limit one (1) entry per social media account during the Sweepstakes Period.
By submitting your Entry, you agree that your Entry conforms to these Official Rules and that Sponsor, in its sole discretion, may disqualify your Entry for any reason at any time, including if it determines, in its sole discretion, that your Entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by Sponsor, in its sole discretion. In addition, and although Sponsor is under no obligation to re-post or feature your Entry, you hereby grant permission for the Entry to be featured on Oui by Yoplait social media sites, and within other promotions and/or advertisements without prior approval, consent or compensation to you or any third party and within any time frame. You agree that Released Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting or featuring of any Entry and reserve the right to remove any posted or featured Entry at any time and/or for any reason. By submitting your Entry, you accept all Official Rules and agree to be bound by the decisions of the Sponsor, which will be final. You agree that you will not use the Entry for anything other than personal use after Entry submission, including no use of the Entry for commercial or professional purposes, sweepstakes or contest entry, without the express consent of Sponsor in each instance.
By submitting an Entry, each entrant grants, and represents and warrants that the entrant has the rights and authority necessary to grant, Sponsor an irrevocable, non-exclusive, fully sublicensable license and right to exploit, edit, modify, adapt, copyright, publish, transfer, use and distribute the Entry and all elements of such Entry, including, without limitation, the likenesses of any locations and individuals embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission or notification to entrant or any third party.
Multiple entrants are not permitted to share the same Instagram account. Any attempt by any entrant to obtain more than the above-stated number of Entries by using multiple/different Instagram accounts/usernames, identities, registrations and logins, or any other methods will void that entrant’s Entries and that entrant will be disqualified. Sponsor will not verify receipt of Entries. Automated, script, or macro Entries are prohibited, and any use of such automated devices or programs, or any method which subverts the entry process, will cause disqualification. Released Parties (as defined below) are not responsible for lost, late, garbled, inaccurate, incomplete, misdirected or stolen Entries, uploads, photos, hashtags or @mentions, or transmissions, or problems of any kind whether mechanical, human or electronic. In the event of a dispute of any Entry, the authorized account holder of the Instagram account used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an Instagram account by Instagram. Potential winners may be required to show proof of being an authorized account holder.
4. Social Media Disclaimers and Policies: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Sponsor and all Sweepstakes entrants fully release Facebook and Instagram from any claims or issue arising from this Sweepstakes. By entering, you understand that you are providing your information to Sponsor and not to Instagram and Facebook.
5. Prizes: There are fifty (50) prizes available to win. Each prize consists of one (1) of each of the following: Oui by Yoplait Ceramic Tumbler, Oui by Yoplait crochet knit blanket, Oui by Yoplait Market Tote Bag, and one (1) package of Oui by Yoplait lids. Approximate Retail Value (“ARV”) of each Prize is $43.19; Total ARV of all fifty (50) prizes is approximately $2,195.50. Odds of winning a prize depend on the number of eligible Entries received during the Sweepstakes Period. Official Winners (as defined below) may not substitute, assign or transfer prize or redeem prize for cash but Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. Official Winners are responsible for any applicable federal, state, and local taxes, if any, as well as any other costs and expenses associated with the prize receipt and/or use not specified herein as being provided. All prize details are at Sponsor’s sole discretion. Prize will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Limit one (1) prize per person. In the event fewer entries are received than number of prices available, the number of prizes awarded will equal the number of entries. No more than the stated number of prizes will be awarded.
6. Potential Winner Selection:Administrator will select fifty (50) potential winners (each a “Potential Winner”, collectively “Potential Winners”) by a random drawing from all eligible Entries received and combined during the Sweepstakes Period on or about October 28, 2019. Potential Winners will be notified by either Facebook or Instagram, consistent with their method of entry on or about October 28, 2019 by a direct message from the Oui by Yoplait account (@OuibyYoplait). By entering, you grant permission to be contacted by Sponsor by social media message, mail, email, and/or telephone in connection with the Sweepstakes. Potential Winners will be required to follow a link within that direct message and fill out a form with their full name and address within two (2) days. A Potential Winner is not an official winner (each an “Official Winner”, collectively “Official Winners”) until Potential Winner’s eligibility has been verified and Potential Winner has been notified that verification is complete. Sponsor will not accept screen shots or other evidence of winning in lieu of its validation process. If the Facebook or Instagram application fails or becomes corrupted for any reason, any Entry during that time will be deemed a defective Entry and is void. Drawing will be conducted by an independent judging organization whose decisions are final on all matters relating to this Sweepstakes.
7. Verification of Potential Winners: In addition to the releases and other requirements set forth within these Official Rules, at Sponsor’s discretion, each Potential Winner (parent/legal guardian if Potential Winner is a minor in his/her state of residence) may be required to sign and return an Affidavit of Eligibility, Liability & Publicity Release (unless prohibited) (collectively an “Affidavit”), which must be received by Sponsor within five (5) days of the date notice. In this situation, if a Potential Winner cannot be contacted, fails to execute and return the Affidavit within the required time period, or prize is returned as undeliverable, or he/she refuses his/her prize for any reason, that Potential Winner forfeits the prize and Sponsor will select an alternate winner by random drawing from all remaining eligible entries.
8. Publicity; Release; Limitation of Liability: By entering this Sweepstakes, all entrants agree to comply with these Official Rules and agree to be bound by the decisions of the judging organization and the Sponsor. Official Winner agrees that (except where prohibited) Sponsor may use such Official Winner’s name, picture, likeness, voice and Entry and all elements of such Entry, including, without limitation, the photo and any descriptions, for advertising and promotional purposes including in any publicity, promotion, or advertising in any form of media, including websites without further compensation or notification to, or review or permission of entrant and/or any third party. Sponsor, Administrator, Instagram, and each of their respective promotion and advertising agencies, and any other organizations affiliated with the sponsorship, fulfillment, administration, prize support and the judging organization and all respective officers, directors, employees, representatives and agents, as well as each of their respective successors, representatives and assigns (collectively, “Released Parties”) shall have no liability and shall be held harmless by Winners for any damage, loss, rights, claims or liability to person or property, due in whole or part, directly or indirectly, by reason of the acceptance, use, or misuse of any prize (or portion thereof) awarded or participation in this Sweepstakes, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy. Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend part or all of this Sweepstakes should virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or proper play of the Sweepstakes. In such event, Sponsor may select Potential Winners in a random drawing from all non-suspect, eligible Entries received up to the date of cancellation or suspension. Released Parties are not responsible for technical, hardware, software or telephone failures of any kind, lost or unavailable network connections, fraud, incomplete, garbled, delayed or faulty computer transmissions, whether caused by Sponsor, entrants 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 Entries, photos, uploads, hashtags or @mentions which may damage a user’s or any other person’s device or other property or limit an entrant’s ability to participate in the Sweepstakes. If for any reason your Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is another Entry in the Sweepstakes. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, or threaten any other entrants or Sponsor representatives.
CAUTION — ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR MOBILE APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL AVAILABLE REMEDIES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION.
9. Disputes: Except where prohibited, you agree that: (1) any and all disputes, claims and 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; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive 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. All issues and questions 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
11. Winners’ Names: The Sweepstakes’ winners’ names will be posted on www.ouibyyoplait.com/ouifallsweepstakes after the winner confirmation is complete on or around October 27, 2019.
Sweepstakes sponsored by:
General Mills Sales, Inc.
One General Mills Boulevard
Minneapolis, MN 55440