



Calling all creators, big and small! You can WIN BIG by letting the delicious taste of Lindt CLASSIC RECIPE milk chocolate inspire your next creative project.*
What do we mean? Lindt CLASSIC RECIPE milk chocolate is so smooth and creamy, it’s Beyond Words. We’re inviting you to create a video showing us your experience of what milk chocolate Beyond Words means to you — and posting it on TikTok or Instagram for a chance to WIN BIG.
*No purchase necessary. Terms and Conditions apply.
- It's not just about facial expressions. Can you create a short dance routine, create a painting or use interesting audio and editing to express the taste of milk chocolate Beyond Words?
- We like to stay positive. You'll catch our attention if your submission brings us joy and uplifts others.
Please read carefully these Official Rules (the “Official Rules”) that govern your participation in the Lindt Beyond Words Contest (the “Contest”). The Official Rules are published at www.LindtUSA.com/beyond-words.
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING A PRIZE. VOID WHERE PROHIBITED BY LAW.
THERE IS NO OBLIGATION TO EAT OR SHOW LINDT PRODUCTS IN YOUR VIDEO SUBMISSION. DOING SO WILL NOT INCREASE YOUR CHANCE OF WINNING A PRIZE.
YOUR ENTRY IN THIS CONTEST MEANS THESE OFFICIAL RULES FORM A BINDING LEGAL CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR YOUR INDEMNIFICATION OF THE SPONSOR AND OTHER PARTIES, THE WAIVER OF THE RIGHTS TO PARTICIPATE IN A CLASS ACTION OR A JURY TRIAL, AND A REQUIREMENT THAT MOST DISPUTES WILL BE SETTLED BY MANDATORY BINDING ARBITRATION.
1. Sponsor
This Contest is organized by Lindt & Sprüngli (USA) Inc., a New York corporation, with a business address at One Fine Chocolate Place, Stratham, NH 03885 (the “Sponsor”). For the avoidance of doubt, the Contest is not managed nor sponsored by Meta, TikTok, Apple or any other platform, app or company other than the Sponsor.
2. Eligibility
The Contest is open only to legal residents of the 50 United States and the District of Colombia who, at the time of entry, are at least eighteen (18) years old and the age of majority in their state of legal residence. Void where prohibited by law. Directors, management, staff, and employees of Sponsor, or any of its parent(s), subsidiaries, affiliates, advertising agencies, suppliers, distributors, or retailers, or any other company or individual involved with the design, production, execution or distribution of the Contest, and their immediate family (spouse, ex-spouse, de facto partner, parents and step parents, grandparents and step grandparents, siblings and step siblings, uncle, aunt, niece, nephew, brother, sister, step brother, step sister, first cousin and children and stepchildren) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations. Participation constitutes participant’s (“Participant”) full and unconditional agreement to these Official Rules Contest Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a Prize (defined below) is contingent upon selected Participant fulfilling all requirements set forth herein.
3. Contest Entry Period
The Contest entry period starts at 12:01 AM ET on April 15, 2024 and ends at 11:59 PM ET on May 6, 2024 (“Contest Entry Period”).
4. How to Participate in the Contest
During the Contest Entry Period, to receive one (1) entry in the Contest: (a) create an Instagram reel or TikTok video (no longer than [120 seconds]) showing how delicious milk chocolate inspires you beyond words (the “Video Submission”); (b) post your Video Submission to your personal Instagram or TikTok account; and (c) tag @Lindt_USA and include #Lindt Contest and #LindtBeyondWordsContest in the caption of your Video Submission post.
Once a Participant tags the Lindt Instagram or TikTok account, the Participant provides his/her consent to Lindt to repost his/her post on the Lindt Instagram and/or TikTok account. All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned.
Entries must: (a) be the original work product of Participant; (b) be solely owned by Participant and with no other person or entity having any right or interest in it; and (c) not violate any third-party rights including but not limited to copyright, trademark, patent, contract, and/or publicity or privacy rights, of any other person or entity. Participant shall not directly or indirectly include any trademark, logo, or intellectual property in his/her entry in any way unless owned exclusively by Participant. If someone other than the Participant has taken, captured or created the content contained within the entry, Participant must have prior written permission from such person to submit such content as part of the entry, and Participant must be able to obtain a signed release from such person and provide such release to Sponsor upon the request of Sponsor, in Sponsor’s sole discretion. By submitting an entry, Participant represents his or her compliance with these terms.
Sponsor may reject any entry in its sole discretion if the entry in whole or in part: contains any illegal or offensive activity, or is obscene, defamatory, likely to incite violence or illegal; includes any material in violation of any third-party’s rights; contains material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating or mutilating of animals, discriminatory (based upon race, sex, religion, natural origin, physical disability, sexual orientation or age); is threatening, profane or harassing; portrays Sponsor or any person or entity negatively; violates any third-party rights including but not limited to copyright, trademark, patent, contract, and/or publicity or privacy rights, of any other person or entity; includes directly or indirectly any trademark, logo, or intellectual property in any way unless owned exclusively by Participant, and/or which is otherwise deemed to be inappropriate or demeaning in Sponsor’s sole discretion. Entry must not attempt to duplicate any other entry or third-party works. Notwithstanding, Sponsor reserves the right in its sole discretion to disqualify any entry that is a duplicate or substantially similar to another entry and Sponsor may, in its sole discretion, disqualify any entry that violates these parameters and/or any other part of Official Rules. By submitting an entry, Participant hereby grants to Sponsor, and any and all of Sponsor’s affiliates, successors, assignees, and/or licensees, the non-exclusive, fully paid, worldwide license to use, publicly perform, stream, modify, display and disseminate the entry, including the Video Submission, in perpetuity. For clarity, Sponsor may change or modify the entry as they see fit.
5. Maximum Number of Entries
Limit of one (1) entry per person during the entire Contest Entry Period. Entries beyond the permitted number are void. Use of multiple email addresses, multiple Instagram or TikTok accounts, or any automated system to enter is prohibited and will result in disqualification.
6. Conditions of Participation
In order to participate in the Contest, a Participant must (i) have an active TikTok or Instagram account; and (ii) comply with Instagram’s and/or TikTok’s conditions of use. Each Participant must release Instagram (Meta) and TikTok from any liabilities regarding the Contest and may be required to sign a waiver towards Instagram and TikTok at any time during the Contest. By participating in the Contest, each Participant acknowledges that the Contest is not managed nor sponsored, endorsed, or administered by by Meta, TikTok, Apple or any other platform, app or company other than the Sponsor. In order to be eligible to win a Prize, Participant’s Instagram or TikTok account, as applicable, must be public for the duration of the Contest Entry Period.
7. Selection of the Winners
Entries that comply with these Official Rules will be evaluated by a qualified panel of judges selected by the Sponsor who will evaluate each entry based on the following judging criteria of the Video Submissions:
- Uses an expressive art form of Participant's choice (33.3%)
- Creative, fun and unique interpretation of what "Beyond Words" means to Participant (33.3%)
- Brings delight and uplifts others (33.3%)
Each Video Submission will be evaluated based on the stated criteria (see above) and assigned a numerical score of one to ten by each judge, where one is the lowest and ten is the highest an entry can receive. An aggregate score will then be created based on the sum of the separate judges' numerical scores.
The one (1) entry submitted during the Contest Entry Period with the highest overall score will be deemed the potential Grand Prize (defined below) winner.
The thirty (30) entries submitted during the Contest Entry Period with the next highest overall scores will be deemed the potential Second Prize (defined below) winners.
In case of a tied score between two or more entries that would determine a winner, tied entries will be evaluated by a new judge (as chosen by the Sponsor), according to the original criteria, and the tied entry with highest cumulative score by the new judge will be declared the potential winner.
The potential winners will be contacted via Instagram or TikTok Direct Message (DM), as applicable, on or before May 20, 2024. The potential winners may be required to provide the following information: name and address or email address where the Prize should be shipped or delivered, as applicable, and an affidavit of eligibility, prize and publicity release. If the winner does not respond to the Direct Message sent on Instagram or TikTok within 5 days after the Direct Message was sent, then Sponsor may, at its discretion, select the entry with the next highest cumulative judge score as the new potential winner. Odds of winning a Prize depend on the number of eligible entries received during the Contest Entry Period.
8. Prizes
There is one (1) grand prize (“Grand Prize”) and thirty (30) second prizes (“Second Prize”) available.
- Grand Prize: One (1) Canon G7X Mark II Camera with Tripod and Starter Kit. Total Approximate Retail Value of the Grand Prize: $1,200.
- Second Prize: Each Second Prize shall be comprised of one (1) $100 gift card to be used at www.LindtUSA.com. Total Value of all Second Prizes available: $3,000.
“Second Prize” and “Grand Prize” collectively referred to herein as “Prize(s).”
Total Approximate Retail Value of all Prizes available in the Contest: $4,200.
THE PRIZES ARE OFFERED AND PROVIDED "AS IS" WITH NO WARRANTY OR GUARANTEE BY SPONSOR OTHER THAN WHAT IS EXPRESSLY INCLUDED WTH THE PRIZE.
All non-stated features of the Prizes are in Sponsor’s discretion and subject to availability. All expenses and costs not expressly listed in these Official Rules are the sole responsibility of the verified Prize winner(s). Verified Prize winner(s) will be responsible for all other expenses relating to the receipt and use of the Prize. Prizes are nontransferable and may not be substituted or redeemed for cash by verified Prize winner(s). Sponsor reserves the right to substitute a Prize, in whole or in part, for one of equal or greater value. All federal, state, and local taxes are solely the responsibility of verified Prize winner(s). Gift cards are subject to their terms and conditions.
Sponsor is not responsible for any change of email address and/or mailing address and/or Instagram or TikTok account information of Participants, nor is Sponsor responsible for any lost or damaged mail.
9. Prizes and Delivery
Delivery of the Prizes
The delivery costs will be borne by the Sponsor. The Grand Prize will be shipped to the Grand Prize Winner within a maximum period of 2 months after the official announcement of the Grand Prize Winner of the Contest. The Sponsor is not responsible for sending a Prize to an incorrect address or email address, as applicable. If a Prize could not be delivered to the winner’s address for any reason beyond the Sponsor’s control, the Prize will be forfeited and shall remain the property of the Sponsor.
Lindt Influencer List
Sponsor may, in its sole discretion, choose to add certain Participants to Lindt’s Influencer mailing list. The Lindt Influencer List is used to send promotions, new products, or other items to Influencers and creators. There is no obligation to post about these products or promotions. If there is a monetary amount involved, each influencer will have prior written notice and agreement of this arrangement that both parties have agreed to. There is no set amount of value or cadence of receiving anything from Lindt and no guarantee that all creators on the Lindt Influencer List will receive anything. Lindt reserves the right to disband or discontinue the use of the Lindt Influencer List at any time without consent.
10. Participant's Personal Information
When registering for the Contest, you expressly agree to receive promotional communications from Sponsor. Information collected from Participants is subject to the Sponsor’s Privacy Policy, which is available at .lindtusa.com/privacy-policy. If you are selected as a potential or verified Prize winner, your name, city and state may also be included in a publicly available Winners' List.
The Participants understand, acknowledge, and accept that their personal data may be transferred to countries, territories or organizations that are located outside the United States. Furthermore, the Participants expressly and voluntarily agree, consent, give their permission to, and allow the Sponsor to disclose their personal data to any companies of Lindt.
The Participants understand, acknowledge, and accept that their first name and last name may be publicly be shared by Lindt on the Lindt TikTok, Instagram, Facebook, X, and/or LinkedIn official accounts in case they are one of the winners of the Contest.
The Participants understand that they may withdraw from the Contest at any time by deleting their TikTok posts submitted for the Contest as specified in these Rules. Such withdrawal from the Contest will not affect any prior processing activities carried out or have any other detrimental effect on them.
11. Limitation of Liability
To the maximum extent permitted by applicable laws and regulations, any prize that becomes unavailable for any reason beyond the Sponsor's control may be substituted with a similar prize of equivalent value. The Sponsor (including their respective officers, employees and agents), Instagram (Meta) and Tik Tok shall not be liable for any damages or losses (including, without limitation, indirect or consequential damages or losses) arising out of the Contest or use of the prize, except for liabilities that cannot be excluded by law. The Sponsor shall not be liable for any incorrect, inaccurate or incomplete information provided during or in connection with the Contest if such failure to provide information is due to any cause beyond the Sponsor’s control.
The Sponsor shall not be liable for any force majeure event or any other causes beyond the Sponsor’s control. The Sponsor shall not be liable for any problems or technical malfunction of any phone, network, servers, computer equipment, software, technical problems or traffic congestion, or any combination of the foregoing, or for any other technical malfunction related to or resulting from participation in the Contest, or from downloading materials related to this Contest. If, for any reason whatsoever, this Contest cannot be run as planned due to computer viruses, bugs, tampering, unauthorized interventions, technical failures or for any other reason beyond the Sponsor’s control, the Sponsor reserves the right, in its sole discretion, to modify or delay the Contest, subject to written instructions in accordance with applicable laws and regulations.
Should a failure in the winner determination system result in an excessive number of winners, the Sponsor will not be liable to all Participants beyond the total number of prizes announced in these Rules. In the event of such a failure, the Sponsor may decide to declare the entire process of determining the winner null and void and cancel the Contest, and at its sole option, re-run the Contest at a later time. The Sponsor reserves the right, however, not to cancel the Contest and to award a validly won prize if the determination of the actual winner is technically feasible and fair to all Participants.
The Sponsor may cancel all or part of the Contest if it appears that a fraud has occurred in any form whatsoever, particularly in the computerized system or in the determination of the winner. In this case, the Sponsor reserves the right not to award the prize to the person the Sponsor identifies as committing or assisting in the fraud. The Sponsor shall not incur any liability of any kind towards the Participants as a result of any fraud committed. The Sponsor shall have no liability for the content and use of Instagram or TikTok by the Participants.
BY ENTERING THE CONTEST, PARTICIPANT AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE(S) AWARDED WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SPONSOR BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS OR HARM TO BUSINESS OR REPUTATION, ARISING OUT OF PARTICIPANT’S PARTICIPATION IN THE CONTEST, USE OF ANY PHOTOS PROVIDED BY CONTESTANTS, POSTING ON OR ACCESS AND/OR DOWNLOAD OF ANY MATERIALS OR INFORMATION FROM ANY WEB SITE OWNED, OPERATED OR CONTROLLED BY SPONSOR OR ITS PARENT, SUBSIDIARIES OR AFFILIATED COMPANIES, OR ACCEPTANCE OR USAGE OF A PRIZE OR ANY PORTION THEREOF, AND INCLUDING WITHOUT LIMITATION DAMAGE TO PROPERTY AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAMAGES FOR BODILY OR PERSONAL INJURY, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. PARTICIPANT AGREES THAT THE AGGREGATE LIABILITY OF THE SPONSOR ARISING OUT OF ANY KIND OF CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED $10.00. Limitations or exclusions of liability subject to all applicable federal, state and local laws and regulations.
EACH PARTICIPANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER AGAINST THE RELEASED PARTIES. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
12. Entry Conditions and Release
By entering, each Participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of each Sponsor and/or its designee(s) which are binding and final in all matters relating to this Contest; (b) for himself/herself and on behalf of minor appearing in the Video Submission, release and hold harmless Sponsor and its respective parent, subsidiaries, affiliated companies, the Prize suppliers, Instagram (Meta) and Tik Tok, and any other organizations and/or persons responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives, shareholders, licensees, and advertising and promotion agencies (collectively, the “Released Parties”) from and against any and all claims, expenses and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance or use or misuse of Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) for himself/herself and on behalf of minor appearing in the entry photo, indemnify, defend and hold harmless the Released Parties from and against any and all claims, costs, expenses, damages, settlements, and other liabilities (including reasonable attorneys’ fees) arising out of or relating to an Participant’s participation in the Contest and/or Participant’s acceptance, use or misuse of any Prize.
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Participant, or programming associated with or used in the Contest; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error, which may occur in the administration of the Contest or the processing of entries; or (e) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Contest or receipt or use or misuse of any Prize. If for any reason Participant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Participant’s sole remedy is another entry in the Contest. No more than the stated number of Prizes will be awarded. If, for any reason, the Contest cannot be executed as planned, including, but not limited to, any governmental order, force majeure, epidemic/pandemic, social media mandate, printing, administrative or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor(s) that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Contest, or if the Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, Administrator reserves the right, in its sole discretion, to cancel, modify or terminate the Contest and, if terminated before the original end date, to select the winners from among all eligible, non-suspect entries received as of the date/time of termination pursuant to the above-listing judging criteria.
13. Intellectual Property
All brands or product names mentioned are trademarks of their respective owners. Any reproduction, affixing, use or reference of these trademarks or of any element of the Contest, which would be made for any purpose whatsoever, on any medium whatsoever and/or by any process whatsoever, to the signs mentioned above, without the authorization of their owners, is illegal.
14. Consents and Recommendations
By participating in the Contest, the Participants agree to the below:
- The Participants take part in the Contest of their own free will and personal choice, excluding any link of subordination and any professional activity.
- The time spent participating in the Contest is not and shall never be considered working time.
- The Participants understand that before posting any video or song within the framework of the Contest, the Participants must check whether the music eventually used is still protected by Copyright, and in the affirmative the Participants must request the authorization of its author(s)/Copyright owner(s).
- The Participants acknowledge that any video posted on Instagram or TikTok must comply with the above requirements and will be of the Participants’ own responsibility. Moreover, the Participants acknowledge that they will not infringe any third parties’ intellectual property rights during their participation to the Contest either for the purpose of creating the video and the song.
- Without expectation of compensation or any other remuneration, now or in the future, the Participants give their consent to and voluntarily authorize the Sponsor to make use of the Participants’ photographic images, videos, audio and testimonials that the Participants submitted to the Contest and the Participants’ associated personal data, including processing (including but not limited to collection, access, and transfer), for the purpose of promoting and marketing the Sponsor’s activity related to addressing the Contest; this may include any derivative works, videos and numeric films, printed (brochures, presentations and newsletters) and electronic publications, audios, online presentations, press releases, photo galleries, news media, social media, advertising materials, through Internet, online and off-line media channels, including any other media that the Sponsor might use to promote a new Contest in the future. Such use and publications are intended for an indefinite period in any and all countries of the world. The Participants understand that those may be viewed by any person over the Internet and it cannot be ruled out that such person makes further use of those.
15. BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVERM
Except where prohibited by law, as a condition of participating in this Contest, each Participant agrees as follows:
Binding Arbitration Agreement. Except as otherwise stated below, any and all legal issue, claim or dispute arising out of or connected or related in any way to the Contest, including but not limited to Prize awarded, shall be resolved through final, binding arbitration. Participant specifically agrees that, except as otherwise provided herein, entry into the Contest waives all rights to bring a lawsuit based on such claim(s) or dispute(s) and the right to have such lawsuit resolved by a judge or a jury.
This Arbitration Agreement shall be governed by the Federal Arbitration Act, (9 U.S.C. § 1 et seq.). Any arbitration will be commenced and administered by JAMS under the rules of JAMS, including JAMS Consumer Arbitration Minimum Standards [https://www.jamsadr.com/consumer-minimum-standards/]. If JAMS’ criteria are met by the nature of the dispute, the Participant agrees that the arbitration shall be conducted under JAMS Streamlined Arbitration Rules & Procedures [https://www.jamsadr.com/rules-streamlined-arbitration/]. Judgment upon any arbitration award may be entered in any court of appropriate jurisdiction.
Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. However, if Participant is unable to pay JAMS’ costs, Sponsor will pay all arbitration fees and expenses. If JAMS is unavailable, unwilling, or otherwise unable to administer an arbitration in accordance with these rules, then another arbitration administrator will do, to be selected by agreement of the parties.
Neither Participant nor Sponsor shall be permitted to obtain awards, and all parties hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Contest). The parties further waive all rights to have damages multiplied or increased.
The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon both you and us. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, except that this sentence shall not apply to the Class Action Waiver provisions described below. The arbitrator will render a decision in writing. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award. This Arbitration Agreement will survive the termination of your relationship with us.
Excluded Disputes. Notwithstanding the binding arbitration requirement set forth in this section, Participant may bring qualifying claims in small claims court so long as the matter remains in such court and advances only on an individual, non-class, non-representative basis.
Class Action Waiver. To fullest extent permitted by applicable law, you and we agree to bring any claim or dispute, whether in arbitration, or court as permitted by these terms, ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION. There shall be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity. Regardless of anything else in this Arbitration Agreement and/or the applicable JAMS rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator. This Class-Action Waiver will survive the termination of your relationship with us.
One-Year Time Limit to Raise Disputes or Claims. You agree that any dispute, claim or lawsuit, regardless of form, that may arise out of or related to the Contest, must be filed within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the dispute, claim(s) or lawsuit. After the expiration of the one-year period, such dispute, claim(s) or lawsuit will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or pursuant to law or statute.
Waiver of Jury Trial. BOTH PARTICIPANT AND SPONSOR HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, except as provided herein. We are instead mutually electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified herein. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Location of Arbitration. Participant may choose to have the arbitration conducted by video conference technology such as zoom, or based on written submissions. Otherwise, the location of the arbitration proceeding shall take place in the city or state where Participant resides, unless each party to the arbitration agrees otherwise, or at another mutually agreed upon location.
16. Governing Law
These Official Rules and any disputes between us shall be governed by the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
17. Severability
In the event any provision of these Official Rules is determined to be void or unenforceable, such determination shall not affect the remainder of these terms, which shall continue to be in force.
18. Contest Results
For Contest results, send a hand-printed, self-addressed, stamped envelope to: “Winner’s List” c/o Lindt Beyond Words Contest to Lindt & Sprüngli (USA) Inc., One Fine Chocolate Place, Stratham, NH 03885. Requests for the Winner’s List must be received by Sponsor within 60 calendar days after the end of the Contest Entry Period.
Questions? Please email us at consumerservice-us@lindt.com