Rules

Borden’s Best Recipe Sweepstakes Official Rules

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND ARE NOT LOCATED IN ONE OF THE ELIGIBLE STATES (AS DEFINED BELOW) IN THE UNITED STATES AT THE TIME OF ENTRY. OPEN TO LEGAL RESIDENTS OF TEXAS AND LOUISIANA (COLLECTIVELY, “ELIGIBLE STATES”), WHO ARE THE AGE OF MAJORITY OR OLDER IN THEIR STATE OF RESIDENCE (18 IN ALL ELIGIBLE STATES), WHO ENTER FROM WITHIN AN ELIGIBLE STATE. PLEASE ALSO NOTE THAT THERE IS IMPORTANT INFORMATION BELOW REGARDING BINDING ARBITRATION AS THE MECHANISM TO RESOLVE DISPUTES.

1. Eligibility: The Borden’s Best Recipe Sweepstakes (the “Sweepstakes”) is open only to those who sign up at the online sweepstakes page and are: legal residents of the Eligible States, who are at least the age of majority in the state in which they reside (18 in all Eligible States), and who are located in an Eligible State, all at the time of entry. Employees, contractors, directors, officers, and agents of New Dairy Opco, LLC (d/b/a Borden Dairy) (“Sponsor”), Wencel Worldwide, Inc., each of their parent, affiliates, subsidiaries, distributors, sales representatives, and advertising, promotion and judging agencies and all other service agencies involved with the Sweepstakes, and members of the immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where the reside) and household of each such employee (whether or not related) are not eligible to enter or win.  

This Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.  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.

2. Sponsor: New Dairy Opco, LLC (d/b/a Borden Dairy), 8750 N Central Expy #400, Dallas, Texas 75231.

3.  Sweepstakes Entry Period:  The Sweepstakes begins on March 24, 2021 at 12:00:01 am Central Time (“CT”) and ends on May 31, 2021, at 11:59:59 pm CT (the “Sweepstakes Entry Period”).  All entries must be received before the Sweepstakes Entry Period end time/date to be valid.

4. How to Enter:  During the Sweepstakes Entry Period, submit an entry using the online form provided on the Sweepstakes Site. The entry must fulfill all Sweepstakes requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of the Sponsor. You may enter your email only once and you must fill in the information requested. 

As detailed on the Sweepstakes Site, you are permitted to earn and submit additional entries by:

• Voting for Borden’s Best Recipe (earns one additional entry - only one vote per person is permitted)
• Submitting your own, original Borden recipe (earns two additional entries - only one submission per person is permitted)
• Sharing your own, original Borden recipe on Facebook (earns one additional entry)
• Referring friends through Facebook (the referred friend must enter the Sweepstakes for additional entries to be awarded) (earns one additional entry)
• Referring friends through email (the referred friend must enter the Sweepstakes for additional entries to be awarded) (earns one additional entry)
• Following Borden Dairy on Facebook (earns one additional entry)
• Following Borden Dairy on Twitter (earns one additional entry)
• Following Borden Dairy on Pinterest (earns one additional entry)
• Following Borden Dairy on Instagram (earns one additional entry)

Different actions may be associated with a different number of earned entries as detailed on the Sweepstakes Site. You are not permitted to enter using multiple email addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of the Sponsor.

5. Odds: The odds of winning depend on the number of eligible entries received.

6. Prize: Five (5) winners will each receive a $750 gift card, which may be used towards Borden Cottage Cheese, Sour Cream and Dips for a year for the winner.  The gift card amount will be the approximate amount of the cost of 3-4 cultured products per week for 52 weeks.  Approximate Retail Value (“ARV”): $750.  ARV is as of date of printing of these Official Rules.  The difference in value of prize as stated herein and value at time of prize notification, if any, will not be awarded.  Limit: one (1) prize per person/household.  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 winners 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. ARV of all prizes: $3,750.

7. Winner selection and notification: Winners of the Sweepstakes will be selected in a random drawing under the supervision of the Sponsor. Winners will be notified via email to the email address they entered the Sweepstakes with within five (5) days following the winner selection. The Sponsor shall have no liability for a winner's failure to receive notices due to winner’s spam, junk e-mail or other security settings or for winner’s provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 15 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected. 

The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

8. Release: As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing): (a) to release Sponsor, its affiliates, subsidiaries, retailers, and agents, Wencel Worldwide Inc., and each of their officers, directors, employees and agents, and Facebook, Inc. (collectively, “Released Parties”), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize; (b) 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; (c) 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; and (d) 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.  

9.  License: Providing Content grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify such Content in any way, in any and all media, without limitation, and without consideration to the entrant. For purposes of these Official Rules, “Content” means any entrant generated text, image, or video. By providing Content, entrant represents and warrants that the Content is entrant’s wholly original work, not previously published, and does not incorporate or include anything that is owned by any third party or would require the consent of any third party and entrant’s Content does not violate any copyright, trademark, publicity right, privacy right or any other right of any third party.

10. Publicity: Except where prohibited by law, each winner grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use his/her name, photograph, and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation.

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 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 impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion.  In the event of cancellation, Sponsor will award the prizes from among all eligible, non-suspect entries received prior to cancellation in a manner deemed fair and equitable.  Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions, the website, or network connections that are human or technical in nature.  Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process, the website, or the operation of the 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 deliberately 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.

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 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 AND IN SECTION 8(B)-(D), SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.

13. Governing Law & Jurisdiction: This Sweepstakes and its Official Rules are governed by US law and are subject to all applicable federal, state and local laws and regulations. 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:  If you are selected as a winner, your information may be included in a publicly-available winner’s list.

15. Winner’s List: For a list of winners, mail a self-addressed, stamped envelope to: Wencel Worldwide, Inc. 2210 Midwest Rd. #107, Oak Brook, IL 60523.  Requests must be received by June 23, 2021.