DANNON SCHOOL GRANTS WITH PURPOSE CAMPAIGN ( PROGRAM ) OFFICIAL TERMS AND CONDITIONS 1. Eligibility: NO PURCHASE NECESSARY. The Program is open to residents of Connecticut, Delaware, Maryland, New Jersey, New York and Pennsylvania, who are thirteen (13) years of age or older at the time of participating (each, a Participant ). Void where prohibited by law and anywhere not specifically listed herein. Employees, officers and directors of The Dannon Co., Inc. ( Sponsor ), Wakefern Food Corp., their respective parent, subsidiary, and affiliated companies, advertising, promotion, production or fulfillment agencies, Web masters/suppliers (and their IRS dependents, immediate family members [spouse, parents, children, siblings] and individuals residing in their same household, whether or not related) are not eligible to participate. Participants will have an opportunity to nominate a school for the Program in Phase 1 and vote for an eligible school in Phase 3. You are participating in this Program on behalf of an eligible school. Individuals are not eligible to win a prize. Prizes will be awarded to the winning schools. See below for all details. By participating, Participants and Schools (defined below) agree to these Official Rules and the decisions of the Sponsor and/or its independent judging agency which are final and binding in all respects. 2. Phase 1 School Nominations: Between 9:00:00 a.m. Eastern Time ( ET ) on October 25, 2018 and 11:59:59 p.m. ET on November 18, 2018, visit Danimals.com/SchoolGrantswithPurpose ( Website ) and follow the online instructions to nominate a school. The school you nominate, must be an accredited school located in Connecticut, Delaware, Maryland, New Jersey, New York or Pennsylvania, with the exception of K-2 schools and high schools; - K-2 Schools and High Schools are NOT eligible must have Physical Education a minimum of once a week for each grade level with the Physical Education class length of a minimum of 30 minutes; must have a gymnasium; and must have an open area outside for lap runs. Nominated schools must submit a 500-word essay describing their schools Physical Education Program and how the grant will enrich their school along with photographs of their gymnasium and outdoor area to be considered for final Voting Period phase in February; and Final eligibility for a school s participation in Phase 3- Voting period will be determined by Project Fit America; and Project Fit America will review, through telephone interview, with each school Principal whose school has submitted an essay to verify the school s capacity to receive the grant and implement the grant program components. Sponsor makes no guarantee that a nominated school will be eligible for the Program. Nominated schools must meet the above-stated criteria and be approved by Sponsor and/or
Project Fit America, as determined by Sponsor and/or Project Fit America, in their sole discretion, to be eligible for Phase 3 Voting Period. 3. Phase 2 School Verification: Each nominated school will be reviewed and verified as eligible or ineligible by Sponsor and/or Project Fit America, in their sole discretion. An authorized school administrator of each nominated school will be required to provide the necessary information and documentation, as requested by Sponsor and/or Project Fit America, to confirm their eligibility as well as accept the nomination prior to December 31, 2018. 4. Phase 3 Voting Period: Between 9:00:00 a.m. ET on February 2, 2019 and 11:59:59 p.m. ET on February 28, 2019 ( Voting Period ), Participants are invited to visit the Website Danimals.com/SchoolGrantswithpurpose to review the list of approved-participating schools (each a School ) and follow the online instructions to vote for the School they believe should receive a $25,000 grant*. The $25,000 grant will be managed through Project Fit America as described in Section 6. Limit one (1) vote per Participant/email address per day. A day is defined as a twenty-four (24) hour time period beginning at 12:00:00 a.m. ET and ending the same day at 11:59:59 p.m. ET. Any use of robotic, automatic, macro, programmed or like methods of voting will void all such votes by such methods, and disqualify any Participant using such methods. Any attempt by any person to vote more than the number of times authorized herein using multiple names or email addresses, or paying or retaining third parties to create email addresses for the purposes of voting and/or any other fraudulent mechanism, as determined by Sponsor in its sole discretion, shall give Sponsor the right to disqualify such Participant and/or School and suspect votes. 5. Determination of Winning Schools: At the conclusion of the Voting Period, the votes will be tallied and the four (4) Schools receiving the most votes will each receive a $25,000 grant*. If there is a tie among the Schools after the Voting Period has ended, Sponsor will determine the winning School via a random drawing from among the tied Schools. 6. Prize Details: Four (4) Prizes-Awarded to Winning Schools: *Each winning School will receive a $25,000 grant from Project Fit America for the winning School to receive a customized two-year program consisting of outdoor and indoor fitness equipment (installation included), program curriculum and supporting materials, teacher training, and testing and evaluation procedures. All other costs and expenses associated with the acceptance and use of a prize not stated herein including, but not limited to, all federal, state, and local taxes, and permit fees will be the sole responsibility of the School. In the event Sponsor is unable to provide any portion of the prize, no compensation or substitution will be provided for that portion of the prize; however, the remainder of the prize will be awarded and Sponsor will have no further obligation to such School. Approximate Retail Value ( ARV ) of each prize: $25,000. Total ARV of all prizes: $100,000. 7. Liability Limitations: Sponsor, Wakefern Food Corp., and Project Fit America, and each of their parent, subsidiary, related and affiliated entities, partners, members, representatives, consultants, contractors, legal counsel, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (collectively, the Released Parties ) are not responsible for interrupted or unavailable satellite, network,
server, Internet Service Provider, Website, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of an entry or other information or the failure to capture, or loss of, any such information. The Released Parties are not responsible for injury or damage to Participants or to any other person's computer related to or resulting from participating in this Program or downloading materials from or use of the Website. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by Website users, human error, tampering, hacking, or by any equipment or programming associated with or utilized in the Program, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction or unauthorized use of Website or any equipment associated with this Program. Sponsor reserves the right, in its sole discretion to cancel or suspend this Program should fraud, virus, bugs or other causes beyond the control of Sponsor corrupt the administration, security or proper play of the Program. In the event of cancellation, Sponsor will award prizes based on all eligible, non-suspect votes received prior to cancellation. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. 8. Notification of Winning Schools: An authorized representative of each potential winning School (such as the principal or school administrator) shall sign all documents required by Sponsor within thirty (30) days of date of notification receipt in order for the School to receive any such prize. If such representative cannot be contacted after three (3) attempts, fails to execute and return the documents required by Sponsor within the required time period, or if notification is returned as undeliverable, such School will forfeit the prize and the Sponsor will have no further obligation to such School. 9. General Conditions: By School s acceptance of a prize, the Released Parties are released, will have no liability whatsoever for, and shall be held harmless by Schools, and any individual participating in the Project Fit America program, against any liability for any injuries, losses or damages of any kind to person(s) including, without limitation, death, or property, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any portion of the prize, or participation in any activity related to this Program; (b) except where legally prohibited, winning Schools grant (and agree to confirm that grant in writing) permission to Sponsor and those acting under its authority the right to the use of their names, pictures, and statements from authorized officials, at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide in perpetuity, and on the Internet and World Wide Web, without notice, review or approval, unless prohibited by law. By participating in this Program, Participants and Schools agree to be bound by all these Official Terms and Conditions. 10. Binding Arbitration and Disputes: Any controversy or claim arising out of or relating to this Program 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 New York 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 PARTICIPANT 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 PARTICIPATE IN THIS PROGRAM IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN SPONSOR S PROGRAM, EACH PARTICIPANT AND SCHOOL INCLUDING EACH WINNING SCHOOL 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 PROGRAM, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT- OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT, SCHOOL OR WINNING SCHOOL BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT, SCHOOL OR WINNING SCHOOL HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT, SCHOOL AND WINNING SCHOOL S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT, SCHOOL, AND WINNING SCHOOL IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT
APPLY TO EVERY PARTICIPANT AND/OR SCHOOL. 11. Governing Law and Jurisdiction: By participating, Participants and Schools agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Terms and Conditions, Participant s rights and obligations, or the rights and obligations of the Sponsor in connection with the Program, 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, and any matters or proceedings which are not subject to arbitration as set forth in these Official Terms and Conditions and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the County of Westchester. By participating, Participants and Schools consent to the jurisdiction and venue of the federal, state and local courts located in Westchester County, New York. 12. List of Winning Schools: For the names of the winning Schools, send a self-addressed, stamped envelope to be received by January 31, 2019 to: Dannon School Grants with Purpose Campaign Winner's List, 10 South 5 th Street, 7 th Floor, Dept. 856-798, Minneapolis, MN 55402. 13. Sponsor: The Dannon Co., Inc. 1 Maple Avenue, White Plains, NY 10605. 2018 Danone US, LLC. All rights reserved.