TERMS OF USE

This website from which you are accessing these Terms of Use (“Site”) is created and maintained by Orange Leaf Holdings LLC (referred to below as “Orange Leaf,” “we,” and “us”).

In these Terms of Use, “affiliated entities” means any subsidiaries or affiliated companies of Orange Leaf. “Affiliated entities” does not mean any of our franchisees unless specifically noted.

Please read the below terms and conditions (“Terms of Use”) carefully. Your use of the Site is subject to these Terms of Use.

1. Acceptance of Terms. By accessing or using the Site, you agree to these Terms of Use and to any additional rules that we may post on the Site. We may make changes to these Terms of Use (and to any such additional rules) from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Site. You can determine when we last changed these Terms of Use by referring to the “LAST UPDATED” legend above. Your access to or use of the Site following changes to these Terms of Use will constitute your acceptance of those changes.

2. Intended use of the Site. The Site, its features and its Content (as defined below) are for personal and non-commercial use only. You may not use or otherwise exploit the Site and/or any Content in connection with any business or commercial undertaking (whether or not for profit). Your use of the Site and/or Content must at all times comply with all applicable laws, rules and regulations. We welcome visitors to this Site of all ages. Certain uses of the Site may, however, have age restrictions based upon the anticipated ages of viewers. Please see our Privacy Policy regarding Orange Leaf’s compliance with the Children’s Online Privacy Protection Act.

3. Content we make available on the Site. Orange Leaf may make available, now or in the future, via the Site content, including (but not limited to) information, comments, reviews as well as texts, photos, pictures and other images, films, movies, music and other audio files, software, applications or games (together referred to as “Content”). We, our affiliated entities and/or our licensors own all Content made available through the Site. Such Content is subject to copyright, trademark or other intellectual property rights and laws. Unless expressly stated otherwise, you may not reproduce, modify, disseminate or otherwise exploit our Content in any way or form without our prior express approval.

In addition, you acknowledge that the Site itself is protected by copyright law. You further acknowledge that Orange Leaf owns the trademarks “Orange Leaf,” the Orange Leaf “O” device and all associated Orange Leaf trade names, trademarks, service marks and logos. All other trademarks used on the Site are the property of their respective owners. Orange Leaf trademarks and Orange Leaf logos may only be used in conjunction with Orange Leaf Frozen Yogurt Stores, goods produced by Orange Leaf or with the express prior approval of Orange Leaf. For the avoidance of doubt, the Orange Leaf logo may be used by Orange Leaf only.

Sometimes we may make certain Content available to you for specific limited uses, such as for you to download or otherwise reproduce such Content. We will expressly state to which Content such permitted uses apply and what the specific terms of use are for that Content. Those specific terms of use may place restrictions on your use of the Content, including (but not limited to) the number of times you can download the Content, what you may use the Content for and with how many devices you may access the Content. Prior to accessing such Content on the Site, you may be asked to affirmatively agree with the specific terms of use applicable to the Content.

PLEASE NOTE THAT UNAUTHORIZED USE OF THE SITE OR ANY CONTENT ON THE SITE

(INCLUDING WITHOUT LIMITATION ANY SOFTWARE MADE AVAILABLE THROUGH THE SITE) MAY, IN PARTICULAR JURISDICTIONS, RESULT IN MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.

4. Content you share with us. We may include features on the Site that allow you to share your Content with us and other users of the Site. Please note that by sharing your Content through the Site, your Content may become publicly accessible. You grant to Orange Leaf and its affiliated entities a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, your Content, in any media now known or hereafter developed, for Orange Leaf and/or the affiliated entities' business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law.

The foregoing licenses shall survive any termination of your use of the Site, as further described below.

For all of the Content you share through the Site, you represent and warrant that you have all rights necessary for you to grant these licenses, and that such Content, and your provision or creation thereof through the Site, complies with all applicable laws, rules, and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, and is furthermore free from viruses and other malware. You further, to the extent permissible by law, irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each item of user content that you submit. Please note that we do not solicit or encourage submissions of Content containing ideas or suggestions relating to the Site, our business or our affiliated entities’ businesses. If you send us any ideas or suggestions, regardless of the topic, we and our affiliated entities will have no obligations with respect to such ideas or suggestions and may use them for any purpose whatsoever.

5. Rules of Conduct. In using the Site, you agree to comply with the following “Rules of Conduct” as updated from time to time by us. Orange Leaf will fully cooperate with any law enforcement authorities and/or court order requesting or directing Orange Leaf to disclose the identity of anyone that has engaged in any violation of the Rules of Conduct, including (but not limited to) anyone that has posted information or materials in violation of the Rules of Conduct. Orange Leaf reserves the right to moderate (including removing) any such information or materials at any time from this Site. While we may monitor and moderate your Content submitted via the Site, we are under no obligation to do so and assume no responsibility or liability arising from the Content, nor for any error, defamation, omission, falsehood, obscenity, profanity, danger, or inaccuracy contained in any user-generated Content on the Site.

a. You are prohibited from posting or transmitting, through or in connection with the Site:

  • Any unlawful, threatening, defamatory, obscene, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, profane or infringing material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
  • Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
  • Any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation; and
  • Any material non-public information about a company without the proper authorization to do so.

b. In addition, you will not:

  • Use the Site for any fraudulent or unlawful purpose;
  • Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site;
  • Impersonate any person or entity, including any of our (or our affiliated entities’) representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make;
  • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
  • Access or use the Site through any technology or means other than those expressly designated by us (including, unless expressly designated by us, television set top boxes, television game consoles, digital video recorders or players, or video screens packaged and marketed as television sets);
  • Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site);
  • Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent;
  • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
  • Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;
  • Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site;
  • Frame or mirror any part of the Site without our express prior written consent;
  • Create a database by systematically downloading and storing all or any Site content; or
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent.

6. Links. The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.

7. Data Protection. Orange Leaf takes data protection seriously. Please see our Privacy Policyhttp://www.orangeleafyogurt.com/privacy-policy for information on how we process your personal data.

8. Liability. WHILE WE ENDEAVOR TO MAINTAIN THE INFORMATION ON THIS SITE AS ACCURATE AND UP-TO-DATE, YOU ACKNOWLEDGE THAT THIS SITE AND ALL CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS WARRANTIES OR REPRESENTATIONS OF ANY KIND. ORANGE LEAF, ITS AFFILIATED ENTITIES AND THEIR RESPECTIVE LICENSORS DISCLAIM ALL STATUTORY AND IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THIS SITE AND ALL CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT PROMISE THAT THIS SITE, NOR ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THIS SITE, WILL BE ACCURATE, RELIABLE, COMPLETE, ERROR FREE OR COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. WITHOUT LIMITING THE FOREGOING, ORANGE LEAF, ITS AFFILIATED ENTITIES AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS AND PROVIDERS MAKE NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY THIRD PARTIES; (B) THAT THIS SITE AND/OR ANY OF ITS FEATURES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THIS SITE AND/OR ANY OF ITS FEATURES WILL BE UNINTERRUPTED OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE SITE OR THE SERVERS OR NETWORKS THROUGH WHICH THE SITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER ORANGE LEAF NOR ITS AFFILIATED ENTITIES, NOR ANY OF ITS AGENCIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE SITE, ITS FEATURES OR ANY CONTENT MADE AVAILABLE THROUGH THE SITE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES, TO THE EXTENT PERMITTED BY APPLICABLE LAW. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID BY YOU TO US TO ACCESS AND USE THE SITE. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

9. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Orange Leaf, its affiliated entities, and any other party involved in creating, producing or delivering the Site, and their respective directors, officers, employees, agents, shareholders, licensors and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation of these terms of use by you or through any account you create in connection with the Site or (c) any allegation that any Content that you make available or create through the Site, infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

10. Termination. These Terms of Use are effective until terminated. You agree that we may terminate your access to or use of the Site or any portion thereof, at any time, if you breach these Terms of Use, or we reasonably believe that you have breached these Terms of Use, subject to any restrictions placed on our exercise of such rights under applicable law. Upon any such termination, your right to access and use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice to you. You further agree that neither we nor our affiliated entities will be liable to you or any third party for any termination of your access to or use of the Site. Sections 2-4, 6, 8-12 and 15-16 shall survive any expiration or termination of these Terms of Use.

11. Claims of Copyright Infringement. For information on how to report a claim of copyright infringement under The Digital Millennium Copyright Act of 1998 (the “DMCA”), please refer to our Copyright Policy [site].

12. Filtering. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following two sites: GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Note that we do not endorse, support or approve any of the products or services listed at such sites.

13. Contact. This Site is operated by

Orange Leaf Holdings LLC14301 Caliber Dr., Suite 100Oklahoma City, OK 73134USA

14. Information on Complaint. If you have a question or complaint regarding the Site or these Terms of Use, please send an email to corporate@orangeleafyogurt.com. You may also contact us by writing to Orange Leaf Holdings LLC 14301 Caliber Dr., Suite 100, Oklahoma City, OK 73134, or by calling us at 1-888-883-1104. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.

15. Governing Law. Except to the extent expressly provided otherwise in this Section 15, these Terms of Use shall be governed by and construed in accordance with the laws of the State of Oklahoma, USA, without regard to its choice of law provisions. You agree to the exclusive jurisdiction by the federal and state courts located in Oklahoma County, Oklahoma, USA, and you hereby waive any jurisdictional, venue or inconvenient forum objections to such courts.

Notwithstanding the foregoing, if you are citizen of, reside in or are accessing this Site from: (a) any Latin American country, then these Terms of Use shall be governed by and construed in accordance with the laws of Mexico and you agree to the exclusive jurisdiction of the courts located in Mexico; (b) Australia, then these Terms of Use shall be governed by and construed in accordance with the laws of Australia and you agree to the exclusive jurisdiction of the courts located in Australia, and (c) any country in the Middle East, then these Terms of Use shall be governed by and construed in accordance with the laws of Dubai and you agree to the exclusive jurisdiction of the courts located in Dubai. The UN Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use.

16. Miscellaneous. If any provision of these Terms of Use shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms of Use, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and us relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made by posting a notice (or a link to a notice) to the Site, by email, or by regular mail, in our discretion. Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failures to fulfill any obligations due to causes beyond our control. You agree that our licensors who make their Content available to us in connection with the Site are third-party beneficiaries under these Terms of Use with the right to enforce the provisions of this Agreement that directly concern their content.

Notwithstanding the immediately preceding sentence, our right to enter into, rescind or terminate any variation, waiver or settlement under these Terms of Use is not subject to the consent of any third party.

You may print, download or otherwise retain a copy of these Terms of Use (and of any revised version) for your records.

Site©2018 Orange Leaf Holdings unless otherwise noted. All rights reserved.

STAY PLAYFUL WITH OREO

OFFICIAL RULES

NO PURCHASE NECESSARY 

OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C., 18 YEARS AND OLDER ONLY

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Twitter, Inc. or Instagram, LLC. Twitter and Instagram are not affiliated with the Sponsor in any way.

1. TO ENTER: Sweepstakes begins at 12:00 am ET on July 1, 2019 and ends 11:59 pm ET on July 31, 2019 (the “Sweepstakes Period”). To participate you must have an Instagram account or Twitter account (each a “Social Account”). Your Social Account settings must be set to "unprotected" and/or "public" in order for your comment to be viewable by Sponsor, and Administrator (each as defined in Rule 10, and, collectively, the “Promotion Parties”) and their respective employees and agents. The Social Account used to enter must be registered in your name. If you do not have an Instagram account, visit www.Instagram.com or download the free Instagram application and register in accordance with the enrollment instructions for a free account.  If you do not have a Twitter account, visit www.Twitter.com and register in accordance with the enrollment instructions for a free account. 

Login to your Instagram or Twitter account and post or Tweet: (A) a photo that displays you enjoying an OREO treat (e.g. a beverage or ice cream dessert made with OREO), from a participating restaurant that serves an OREO treat (as applicable) (“Photo”); or (B) a photo using a downloaded image, as set forth below (“Photo”):

  • Entry for Orange Leaf Prize Pool 1: Share a Photo on Instagram or Twitter with the hashtag #OREOSummerSweepstakes and mention @OREO and @orangeleaf in the initial caption.
  • Alternate Entry for Prize Pool 1: To enter without visiting a restaurant and enjoying an OREO treat, Tweet or post a photo of yourself with the image provided at https://s3.amazonaws.com/eprize-content/mondelez/246132_stayplayful/amoe_img_1.jpg including the hashtag #OREOSummerSweepstakes and mention @OREO and @orangeleaf in the initial caption.

You will receive one (1) Sweepstakes entry, into the applicable Prize Pool, for a valid post or Tweet. Hereafter, a valid Photo and any necessary content will be referred to as your "Submission." Your Submission may include other people. If any individuals other than yourself appear in the Submission, you must have the permission of the individuals (if a minor is in Submission, he/she must be the child or legal ward of the entrant) to use their name and/or photograph/likeness in the Submission. If other people are included in the Submission, he/she will not receive a prize (only the entrant whom submitted the winning Submission will receive a prize). Limit one (1) unique Submission per person per day during the Sweepstakes Period, regardless of your method of entry. Each Submission must be different from any others you have previously submitted. Use of any robotic, automatic, programmed or similar entry method or more than one (1) Submission per day will void all entries and result in disqualification. If you enter using a mobile device, standard data fees may apply. See your wireless provider for pricing plan details. A mobile device is not required to participate.

2.  SUBMISSION GUIDELINES: Submission cannot: (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain or reference nudity or any materially dangerous activity; (b) promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (c) be obscene or offensive, endorse any form of hate or hate group; (d) contain trademarks, logos (except Sponsor’s) or trade dress owned by others, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (e) contain copyrighted materials owned by others without permission; and (f) contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission.  By uploading a Submission you (and your parent/legal guardian if you are deemed a minor in the jurisdiction in which you reside (“Minor”)) warrant and represent that: (a) it has not received previous awards; (b) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (c)  the other participants  depicted in the Submission, if any, have given written consent to its entry into the Sweepstakes and use as contemplated by these Official Rules; and (d) publication of the Submission via various media including Web posting and posting in social media, will not infringe on the rights of any third party.  Entrant will indemnify and hold harmless Sponsor from any claims to the contrary.  Any Submission that, in the sole opinion of Sponsor, is deemed to be inappropriate for publication or inclusion in the Sweepstakes for any reason will be disqualified. Sponsor is not responsible for lost, late, incomplete or otherwise non-compliant entries, which will be disqualified. 

3. ELIGIBILITY: Open to legal residents of the 50 United States and D.C., 18 years of age or older at the time of entry except for employees, officers and directors of Mondelēz Global, LLC (“Sponsor”), HelloWorld, Inc. (“Administrator”), their respective affiliates, subsidiaries and agencies (collectively “Promotion Parties”), and members of the immediate families (defined as including spouse, biological, adoptive and step- parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above. Void outside the 50 United States/D.C. and where prohibited. 

4. SWEEPSTAKES DRAWINGS:  The Sweepstakes winners will be selected in eight (8) separate random drawings on or about August 1, 2019 from among all eligible entries received through both entry methods combined for each applicable Prize Pool. Drawings will be conducted by Administrator.  Potential winners will be notified via Instagram or Twitter (depending on the Social Account through which the potential winning entries were submitted) by @OREO after the date of the drawings. Each winner (or winner’s parent/legal guardian if winner is a Minor) will be required to complete, sign, and return a Declaration of Compliance, Liability Release and (where permissible) Publicity Release ("Declaration") within five (5) days of the date message is sent, or prize will be forfeited. If prize notification is returned as undeliverable, or in the event winner does not comply with any other requirements, the prize will be forfeited in its entirety. If a potential winner cannot be contacted or fails to provide the requested information within the required time period, the potential winner forfeits the prize in its entirety.

Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner forfeits a prize or is disqualified for any reason, Sponsor will award the prize to an alternate winner by random drawing from among all remaining eligible entries in the applicable drawing pool.  Only three (3) alternate drawings will be held, if necessary, after which any un-awarded prize will remain un-awarded. 

5. PRIZES/APPROXIMATE RETAIL VALUE (ARV): Eight (8) Grand Prizes (one (1) per Prize Pool): $1,000 American Express Prepaid Gift Card. ARV: $1,000 each.  Prizes are non-transferable and no substitution will be made except as provided herein or at the Sponsor’s sole discretion. Terms and conditions of prepaid gift cards apply. 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.  Odds of winning a prize in any Prize Pool depend on the number of eligible entries received for the applicable Prize Pool through both entry methods combined, during the Sweepstakes Period.  Limit: One (1) prize per person. Prizes won by Minors will be awarded to a parent or legal guardian on the Minor’s behalf.

No more than the stated number of prizes will be awarded for any reason. If the number of prize notifications for any Prize Pool is greater than one (1), the one (1) intended prize for that Prize Pool will be awarded from among all recipients of such notifications.

6RIGHTS IN SUBMISSIONS:  In consideration of entrant's Submission being entered in this Sweepstakes and included in the applicable Sweepstakes prize drawing(s), each entrant (and his/her parent or legal guardian, if entrant is a Minor) hereby grants to the Sponsor a non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly or privately perform, publish, edit, delete or display such Submission, or any portion thereof, in any media now known or hereafter devised including, but not limited to, all forms of television and all forms of internet and wireless protocol without limitation and without any further right of approval or compensation. Each entrant (and his/her parent or legal guardian, if entrant is a Minor) authorizes the Sponsor and any entities affiliated or in privity with the Sponsor, to utilize, for eternity and in any manner they see fit, the Submission submitted to Sponsor and to make derivative works from such material. Each entrant  (and his/her parent or legal guardian, if entrant is a Minor) agrees that the results and proceeds of such use shall become the property of Sponsor and/or Sponsor’s licensees, and shall be freely assignable by Sponsor and that the Promotion Parties and their assignees and licensees shall have no obligations whatsoever to entrant. Sponsor is not obligated to use any of the above mentioned rights, information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without further obligation or compensation. Each entrant (and his/her parent or legal guardian, if entrant is a Minor) releases the Promotion Parties and each of their respective assignees and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each entrant (and his/her parent or legal guardian, if entrant is a Minor) agrees and acknowledges that participation in the Sweepstakes, including, without limitation, the entrant's decision to provide the entrant's Submission to Sponsor for purposes of the Sweepstakes, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Promotion Parties and entrant, does not place the Promotion Parties in a position that is any different from the position held by members of the general public with regard to elements of the entrant's Submission, and that the only contracts, express or implied, between the Promotion Parties, and entrant are as set forth in these Official Rules. Each entrant (and his/her parent or legal guardian, if entrant is a Minor) further acknowledges that Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than the Submission.

In addition, by participating in the Promotion, each entrant (and his/her parent or legal guardian, if entrant is a Minor) hereby grants permission for the Promotion Parties to use entrant’s name, likeness, voice, quotes, comments, biographical information, and/or image for the purpose of advertising, trade, or promotion without further notice, permission, compensation or consideration in any and all media now known or hereafter developed throughout the universe, unless prohibited by law. 

7. GENERAL RULES: All income taxes resulting from acceptance of prizes, if any, are the responsibility of the winners.  By entering Sweepstakes, entrants (and their parents/legal guardians if entrants are Minors) accept and agree to these Official Rules and the decisions of Sponsor and Administrator, which shall be final in all matters.  By accepting prizes, winners (and their parents/legal guardians if winners are Minors) agree to hold Promotion Parties, Instagram LLC, Twitter, Inc., their respective parent companies, subsidiaries, affiliates, directors, officers, employees and assigns, promotion agencies and agents harmless against any and all claims and liability arising out of participation in the Sweepstakes or use or redemption of a prize (if applicable).  Acceptance of a prize also constitutes entrant’s (and his/her parent’s or legal guardian’s, if entrant is a Minor) permission to the Promotion Parties to use winner’s name, likeness, voice, quotes, comments, biographical information, and/or image for the purpose of advertising, trade, or promotion without further notice, permission, compensation or consideration in any and all media now known or hereafter developed throughout the universe, unless prohibited by law. 

Promotion Parties are not responsible for lost, misdirected, garbled or late entries, or for technical, hardware or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Sweepstakes, or by any human error which may occur in the transmission, receipt or processing of the entries in this Sweepstakes, the administration of the Sweepstakes or the announcement of winners. If, in the Sponsor’s opinion, there is any suspected evidence of tampering with any portion of the Sweepstakes, or if technical difficulties compromise the integrity of the Sweepstakes, the Sponsor reserves the right to modify or terminate the Sweepstakes in a manner deemed reasonable by the Sponsor, at the Sponsor’s sole discretion.  If terminated prior to stated end date, prizes will be awarded in random drawings from among all non-suspect entries received for each Prize Pool through both entry methods combined  as of the date of termination. In the event a dispute arises as to the identity of a potentially winning entrant, entries will be declared made by the name associated with the Social Account used to enter.  All federal, state and local laws apply.

8. WAIVER AND DISPUTES: Except where prohibited, entrant (and his/her parent/legal guardian if the entrant is a Minor) agrees 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, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (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) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant (AND  HIS/HER PARENT/LEGAL GUARDIAN IF ENTRANT IS A MINOR) 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.  Furthermore, entrant (AND HIS/HER PARENT/LEGAL GUARDIAN IF ENTRANT IS A MINOR) and each of the Promotion Parties hereby waive, to the fullest extent permitted by applicable law, any right THEY may have to a trial by jury in respect of any claim or dispute arising from or relating to the Sweepstakes or these Official Rules.

The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed as if the invalid or illegal provision were not contained herein.

In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials or notifications and these Official Rules, these Official Rules shall prevail, govern and control.

9. WINNER LIST:  For a winner list, visit https://bit.ly/2HtDX2O. The winner list will be posted after winner confirmation is complete.

10. SPONSOR: Mondelēz Global, LLC, 100 Deforest Ave., East Hanover, NJ 07936-2813. PROMOTION ADMINISTRATOR: HelloWorld, Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.

Any questions, comments or complaints regarding this Sweepstakes must be directed to the Sponsor or Administrator only, and NOT to Twitter or Instagram.

ABBREVIATED DISCLAIMER FOR PRINT

NO PURCHASE NECESSARY. Open to residents of the 50 U.S. States (including D.C.), 18 and older. Ends at 11:59 pm ET on 7/31/19. Void where prohibited. Visit www.StayplayfulwithOREO.com for Official Rules including odds, free entry, and prize descriptions. Sponsor: Mondelēz Global, LLC, 100 Deforest Ave., East Hanover, NJ 07936-2813.

ABBREVIATED RULES FOR ONLINE ADS – NOT A BANNER 

NO PURCHASE NECESSARY.  Open to legal residents of the 50 U.S. States and D.C., 18 and older. Ends at 11:59 pm ET on 7/31/19.  To enter and for Official Rules, including odds, free entry, and prize descriptions, visit http://www.StayplayfulwithOREO.com. Void where prohibited.

ABBREVIATED DISCLAIMER FOR ONLINE ADS – BANNER:

NO PURCHASE NECESSARY. Ends 7/31/19 at 11:59 pm ET. To enter and for Official Rules, including free entry, visit http://www.StayplayfulwithOREO.com.     

** Questions? To contact us, call 1‐888‐883-1004 or email info@orangeleafyogurt.com.

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