LAND O’LAKES “HERE’S TO DAIRY
FARMERS” PROGRAM TERMS AND CONDITIONS
1.
SPONSOR: The Land O’Lakes “Here’s to Dairy Farmers” Program (the “Program”)
is sponsored by Land O'Lakes, Inc., 4001 Lexington Ave N., Arden Hills, MN
55126 (the “Sponsor”).
2.
PROGRAM PERIOD: The Program will begin at 12:00 a.m. Eastern Time. (“ET”)
on June 1, 2018 and end at 11:59 p.m. ET on June 1, 2018 or when 20,000 likes,
shares and/or posted comments (as defined below) are received, whichever occurs
first (“Program Period”). Sponsor may modify or extend the Program at
any time, in their sole discretion.
3.
YOUR ACCESS AND USE OF THE PROGRAM AS DEFINED BELOW ARE SUBJECT TO
THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”) AND ALL
APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE PROGRAM, YOU
ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU
MAY NOT PARTICIPATE IN ANY PORTION OF THE PROGRAM.
4.
This Program is provided for your personal and non-commercial use
and for informational purposes only. Any other use of the Program requires the
prior written consent of Sponsor.
5.
HOW TO PARTICIPATE: To participate, you must be a legal resident of the
fifty (50) United States or the District of Columbia who is the age of majority
or older in his/her state or district of residence as of June 1, 2018 (“participant”).
Then, visit one of the following sites and watch the video tribute to dairy
farmers posted on World Milk Day on June 1, 2018: Land O’Lakes Facebook,
Twitter and Instagram Pages, Land O’Lakes International Development Facebook
Page, Land O’Lakes Ktchn Facebook, Twitter and Instagram Pages, and the Purina We Care for Calves Facebook Page. Once you watch the video, you can participate
in the tribute by either liking or sharing the video or posting a comment about
the video. You may also include a photo or video if commenting or posting
but a photo or video is not required. If posting a photo or video, no other
people other than yourself should be depicted. For each valid like, share
or comment, The Land O’Lakes Foundation will donate one dollar ($1) to The
National 4-H Council, up to a total of $20,000, during the Program Period. Land
O’Lakes guarantees a maximum of $20,000 donation to the National 4-H Council.
Please note, your posts and comments including any photos or videos posted (“submission”) should adhere to
Facebook’s, Twitter’s and Instagram’s policies and be considered appropriate
and in good taste, in Sponsor’s sole discretion. All submissions must be the
sole, original work of the participant. Any submission or portion thereof that
is, in the Sponsor’s sole discretion, obscene, profane, lewd, or defamatory,
includes any trademarks or logos, violates the proprietary right of any person
living or deceased (including but not limited to
rights of privacy or publicity or portrayal in a false light) or entity, is
otherwise objectionable, or in any way is incomplete, indecipherable, or
otherwise not in full compliance with these Terms and Conditions, will not be
accepted and may not qualify for donation. Participants acknowledge and
agree that their submission become the property of the Sponsor, which thereby
has the right to edit, adapt, modify, reproduce, promote and otherwise use
submission in any way it sees fit. By participating, you agree to waive any
rights you may have to the submission submitted.
To participate in the Program via Facebook, Twitter or Instagram, you must have
a Facebook, Twitter and/or an Instagram account and have your account settings
set to public and not private. A Facebook account can be opened for free by
visiting www.facebook.com. A Twitter account can be opened for free by
visiting www.twitter.com . An Instagram account can be opened for free
by downloading the Instagram application to your mobile device at the Apple®
App Store, Windows Marketplace, or the Google® Play store. There is no limit to
the number of times you can like, share or comment during the Program, except
there is a limit of once per person via Twitter to comply with Twitter
promotion guidelines. Participants’ Facebook, Twitter and/or Instagram account
information (including any photos) and mobile phone number (if applicable) will
not be stored by Sponsor or used by Sponsor for any purpose.
6.
PROPRIETARY RIGHTS: Sponsor is the owner of or otherwise licensed to use
all parts of the Program, including all copy, software, graphics, and designs,
and all copyrights, trademarks, service marks, trade names, logos, and other
intellectual property or proprietary rights contained therein. Some materials
incorporated into the Program may belong to third parties who have authorized
Sponsor to display the materials, such as portfolio works, client logos and
trademarks and other proprietary materials. By using the Program, you
agree not to copy, distribute, modify or make derivative works of any materials
without the prior written consent of the owner of such materials. Except
as expressly set forth in these Terms and Conditions, no license is granted to
you and no rights are conveyed by virtue of accessing or using the
Program. All rights not granted under these Terms and Conditions are
reserved by Sponsor.
7.
NO WARRANTIES: WHILE SPONSOR USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE
INFORMATION ON THE PROGRAM, SPONSOR MAKES NO WARRANTIES OR REPRESENTATIONS AS
TO ITS ACCURACY OR COMPLETENESS. SPONSOR ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ANY ERRORS IN THE CONTENT OF THE PROGRAM. YOUR PARTICIPATION IN THE PROGRAM
IS AT YOUR OWN RISK. THE PROGRAM, INCLUDING ALL CONTENT MADE AVAILABLE ON OR
ACCESSED THROUGH THE PROGRAM, IS PROVIDED "AS IS" AND SPONSOR MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OF THE
PROGRAM. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SPONSOR DISCLAIMS
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
SPONSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM OR ANY
MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROGRAM OR THE SERVER THAT MAKES IT
AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPONSOR SHALL NOT BE
LIABLE FOR THE USE OF THE PROGRAM, INCLUDING, WITHOUT LIMITATION, THE CONTENT
AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL SPONSOR BE LIABLE UNDER ANY
THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY
FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY,
PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR
OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER
DAMAGES RESULTING YOUR USE OF THE PROGRAM, EACH OF WHICH IS HEREBY EXCLUDED BY
AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.
LIABILITY LIMITATIONS: If for any reason the Program is
not capable of running as planned, including without limitation disruptions
caused by any device, computer, virus, bugs, tampering, unauthorized
intervention, fraud, technical failures, acts of God, factors beyond Sponsor’s
reasonable control, or any other cause that corrupts, affects or compromises
the administration, security, fairness, integrity, proper conduct or intended
purpose of the Program, Sponsor further reserves the right, but shall have no
obligation, to cancel, terminate, modify or suspend the Program, and substitute
an appropriate alternate method of donation to 4-H in Sponsor’s sole
discretion.
9.
GENERAL: By participating, each participant agrees to these Terms and
Conditions. Participants agree to release, discharge, indemnify and hold
harmless Sponsor and its agencies, Facebook, Twitter and Instagram from and
against any claims, damages, or liability due to any damages, or losses or
injuries to any person (including death) or property of any kind resulting, in
whole or in part, directly or indirectly, from participation in this Program.
Issues concerning the construction, validity, interpretation and enforceability
of these Terms and Conditions shall be governed by the laws of the State of
Minnesota. All disputes arising out of or connected with this Program will be
resolved individually, and without resort to class action, exclusively by the
appropriate federal or Minnesota State Court. Should there be a conflict
between the laws of the State of Minnesota and any other laws, the conflict
will be resolved in favor of the laws of the State of Minnesota. All judgments
or awards shall be limited to actual incurred out-of-pocket expenses (excluding
attorneys' fees) associated with participation in this Program and shall not
include any indirect, punitive, incidental and/or consequential damages.
10.
PRIVACY POLICY: Participants’ personal details, provided by participants in
conjunction with this Program, may be used by Sponsor in accordance with their
privacy policy located at https://www.landolakesinc.com/Privacy-Policy.
Facebook, Twitter and Instagram are not affiliated with the
Program in any way and are not responsible for the administration of the
Program or the awarding of donations. This Program is in no way sponsored,
endorsed or administered by, or associated with, Facebook, Twitter and
Instagram. You understand that you are providing your information to Land
O'Lakes, Inc. and not to Facebook, Twitter or Instagram.