NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Get Real Giveaway (the “Sweepstakes”) is open only to legal residents of California who are at least eighteen (18) years old at the time of entry. Employees of the California Milk Processor Board, United Collective, Merkle Inc., and 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 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 and Administrator’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: California Milk Processor Board, 101 Avenida Pico, Suite C507, San Clemente, CA 92673. Administrator: Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
3. Timing: The Sweepstakes begins on September 6, 2022 at 12:00 a.m. Pacific Time (“PT”) and ends on September 26, 2022 at 11:59 p.m. PT (the “Promotion Period”). Instagram and TikTok’s servers are the official time-keeping devices for the Sweepstakes.
4. How to Enter:
Participation Requirements: To participate, you must have a public Instagram and/or TikTok account (each a “Social Account”). Creating each Social Account is free but is subject to the applicable terms and conditions (Instagram Terms + Conditions and TikTok Terms + Conditions). If entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.
Entry Requirements for Instagram:
During the Promotion Period take the following actions to receive an entry:
(a) Follow @gotmilk on Instagram; (b) Post an original video, no longer than 30 seconds in length that: (1) Demonstrates your “real truth”, i.e., something unexpected that is authentic to you; and (2) Uses the “got milk” custom sound made available within the Instagram music library; (3) See Content Restrictions for your Social Video Post, below, for additional requirements regarding the content of your video; (c) Include @gotmilk, #getrealmilk and #sweepstakes in the original caption of your post; (d) Keep your account settings public until the prizes are awarded (as described in Section 6); and (e) You must not change your Instagram handle during the Promotion Period and until the prizes are awarded (as described in Section 6); (f) Your post must also comply with the Content Restrictions for your Social Video Post stated below to receive an “Entry.” Failure to comply with any of the above requirements will result in disqualification of you and your Entry. An Instagram video post where the hashtags and @gotmilk are not included in the original caption (i.e., are instead included in the comments or edited caption), as well as Instagram Stories and Instagram comment posts, will not be deemed eligible entries. By posting content on Instagram that conforms to all of the above requirements you will receive one (1) Entry into Sweepstakes. Sponsor, in its sole discretion, may disqualify any post that it finds unlawful, or in violation of these Official Rules.
Entry Requirements for TikTok:
During the Promotion Period take the following actions to receive an entry:
(a) Follow @gotmilk on TikTok; (b) Post an original video, no longer than 30 seconds in length that: (1) Demonstrates your “real truth”, i.e., something unexpected that is authentic to you; (2) Uses the “got milk” custom sound made available within the TikTok music library; (3) See Content Restrictions for your Social Video Post, below, for additional requirements regarding the content of your video; (c) Include #sweepstakes in the original caption of your post; (d) Keep your account settings public until the prizes are awarded (as described in Section 6). In addition, your privacy settings must allow for “friends” to direct message you during the Promotion Period and until the prizes are awarded (as described in Section 6) so that we may communicate with you; (e) You must not change your TikTok handle during the Promotion Period and until the prizes are awarded (as described in Section 6); and (f) Your post must also comply with the Content Restrictions for your Social Video Post stated below to receive an “Entry.” Failure to comply with any of the above requirements will result in disqualification of you and your Entry. A TikTok video post where #sweepstakes is not in the original caption (i.e., is instead included in the comments or edited caption), will not be deemed eligible entries. By posting content on TikTok that conforms to all of the above requirements you will receive one (1) Entry into the Sweepstakes. Sponsor, in its sole discretion, may disqualify any post that it finds unlawful, or in violation of these Official Rules.
Content Restrictions for your Social Video Post:
Entry Limit: You may enter up to three (3) times on each Social platform during the Promotion Period.
Each Entry must be unique to qualify. Multiple entrants are not permitted to share the same Social Account. Any attempt by any entrant to obtain more than the stated number of Entries by using multiple/different Social Accounts, identities, registrations and logins, or any other methods will void that entrant’s Entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the Social Account used to register will be deemed to be the entrant. 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 used to create the Social Account. Each potential winner may be required to show proof of being the authorized account holder. Released Parties (as defined in Section 8, below) are not responsible for lost, late, unreceived, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Entries or failure to receive Entries due to limitation of third-party social network platforms all of which will be void.
5. Sponsor’s Use of Social Post Content: Posting an Entry constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Entries in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Entries.
6. Prize Drawing and Winner Requirements: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Sweepstakes winners from all eligible Entries received during the Promotion Period, on or around September 29, 2022. Each potential winner will be notified by @gotmilk through the social channel used to enter and will be directed to a secure online claim form and asked to provide their name, email address, mailing address and date of birth to confirm eligibility and for prize fulfillment purposes within three (3) days of the date notice or attempted notice is sent into order to claim the prize. Each potential winner (or parent/legal guardian if winner is a minor in their state of residence) will then be required to sign and return an IRS Form W-9 and a Declaration of Compliance, Liability Waiver and a Publicity Release (“Declaration”) which must be received by Administrator within three (3) days of the date notice or attempted notice is sent, in order to claim the prize. If a potential winner of any prize cannot be contacted, fails to sign and return the IRS Form W-9 and Declaration, or provide any other requested information within the required time period, or the prize is returned as undeliverable, the potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner forfeits the prize or is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded.
7. Prizes: THREE (3) GRAND PRIZES: $2,000, fulfilled by check, and one (1) set of vouchers good for “One Year’s Supply of Milk,” to be fulfilled by mail. Approximate Retail Value (“ARV”): $2,260. The One Year’s Supply of Milk portion of the prize was calculated based on the assumption that a family of three will consume one gallon of milk each week, and that the cost of a gallon of milk is $5 or less based on the average price of milk in California in August, 2022. Should a winner live outside an area where the vouchers would reasonably be able to be redeemed, as determined by Sponsor in its sole discretion, Sponsor will substitute that portion of the prize with one of equal or greater value. Substitute prize also will be in Sponsor’s sole discretion. All terms and conditions of vouchers apply. 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. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period. Limit: One prize per person. Total ARV of all prizes: $2,260. Prizes will be fulfilled approximately 8-10 weeks after confirmation of all winners.
8. Release: By receipt of any prize, winners agree to release and hold harmless Sponsor, Gallegos United, Administrator, Instagram, Inc., TikTok, Inc., and their respective 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, as well as any third party claims involving the right to privacy, right of publicity, or intellectual property infringement, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
9. Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, prize information, likeness, Entry, photograph (including, without limitation, winner’s Instagram or TikTok profile photo), voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Sweepstakes, 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 Sweepstakes, including but not limited to fulfillment of the prizes, as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance and may modify the prizes offered herein. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process 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.
11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (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 entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (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 Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, not received, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
12. Disputes: Except where prohibited, entrant 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 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) 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. 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.
14. Winner List: For a winner list please click HERE. The winner list will be posted after winner confirmation is complete.
© 2022 Merkle Inc. All rights reserved. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram, Inc. or TikTok, Inc.
COPYRIGHT © CALIFORNIA MILK PROCESSOR BOARD. ALL RIGHTS RESERVED