Nature’s Path Gardens for Good Contest
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. A purchase or payment will not improve your chances of winning. “The Nature’s Path Gardens For Good” (the “Contest”) starts at 12:00 AM Eastern Time (“ET”) on August 5, 2011 and ends at 11:59 PM ET on September 30, 2011 (the “Promotion Period”). Eastern Time shall control for all purposes of this Contest. The Contest is governed by these Official Rules, and is subject to all applicable U.S. federal, state and local laws, and provincial or territorial laws, and is void wherever prohibited by law.
1. ELIGIBILITY: The Contest is open only to: (i) a non-profit corporation registered to do business as a domestic non-profit corporation in one of the 49 United States or the District of Columbia (excluding non-profit corporations registered to do business in Arizona) and Canadian registered charities and not-for-profit organizations, (ii) in good standing in its state of incorporation and (iii) registered as having tax exempt status with the Internal Revenue Service under Section 501(c)(3) of the Internal Revenue Code or any amendment thereto or, with respect to Canadian charities and non-for-profit organizations, equivalent recognition (“Eligible Non-Profit Participant” or “Eligible Non-Profit Participants”). By entering each Eligible Non-Profit Participant agrees that the prize shall only be used by the winning Eligible Non-Profit Participants for the expenses of establishing an organic garden in 2011 to provide food for a feeding program to serve low income adults, children, or families, in the form of a soup kitchen, food bank, emergency pantry, before or after school feeding program, shelter or similar type program. All individuals, non-profit corporations or for profit corporations that do not satisfy the above eligibility requirements shall not be eligible to enter or win. Expenses not specifically related to the development of an organic gardening in 2011 do not qualify for the prize . Any non-profit corporation who has, within one year prior to the start date of the Contest, performed services for Sponsors, or their respective parents, subsidiaries, affiliates and successor companies or any organizations responsible for fulfilling, administering, advertising or promoting the Contest or supplying any prize, are not eligible to enter the Contest or win the prize. Mechanically altered or reproduced Entries are not eligible. In order to enter the Contest or receive the prize, you must fully comply with the Official Rules, and by entering you agree to be bound by these Official Rules and the decisions of Sponsors, whose decisions shall be binding and final in all respects, and you certify that you are eligible to enter. THE CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK. BY ENTERING, YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO FACEBOOK.
2. HOW TO ENTER: Eligible Non-Profit Participant may enter the Contest application on the Facebook platform that may be accessed through the Nature’s Path Foods, Inc.’s (“Nature’s Path”) Facebook Page atwww.facebook.com/NaturesPath. To enter, during the Promotion Period click on the “like” button and then click on the Contest and completely fill out all the required fields on the entry form, including first and last name of a contact person at the Eligible Non-Profit Participant, the name of the Eligible Non-Profit Participant, the Eligible Non-Profit Participant’s mailing address (no P.O. Boxes), daytime telephone number (including area code), and include a 500 word explanation about how the Prize would be used to help support a feeding program such, as a soup kitchen, food bank, emergency pantry, before or after school feeding program, shelter, or similar type of program, to assist low income adults, children or families, and describe the number of people who will be served, the size of the population in need, and the Participant’s ability to establish and maintain a garden (the “Essay”). Then submit your entry form and the Essay to the Web Site (the “Entry” or “Entries”). ALL ENTRIES MUST BE RECEIVED BY 11:59 PM ET, September 30, 2011. Limit one (1) Entry per Eligible Non-Profit Participant throughout the Promotion Period. Entries by the same person in excess of the limits stated herein will be disqualified. All Essay/Entries submitted must be original to Eligible Non-Profit Participant alone, not copied or plagiarized, and not created in collaboration with anyone, and cannot have been submitted to or published by any other publication, and Eligible Non-Profit Participant must own all copyrights in the Essay/Entry, have full rights and authority to grant Sponsors the rights, title, interests and copyrights to use the Essay/Entry, as provided in the Official Rules, and have acquired any necessary releases with respect to the Essay/Entry. Furthermore, Essay/Entry cannot contain the image or likeness of or reference in any identifiable way (for example, by first and last name, or by any part of a name that is identifiable) any person other than the Eligible Non-Profit Participant, including, but not limited to, any depictions of celebrities, unless a signed release from such person(s) is submitted to Sponsors along with the Essay/Entry. Essay/Entry cannot describe, in any identifiable way, any copyrights, trademarks/tradenames, logos, or similar brand identifying marks, third party artistic works, or describe, depict or contain any illegal, dangerous or unsafe activity, or be otherwise obscene or inappropriate. Previous Gardens for Good contest winners are not eligible to apply.
3. JUDGING CRITERIA AND WINNER SELECTION:
a. Judging Criteria: Entries will be judged based on the following criteria: (1) their compelling, empowering and inspirational nature in describing how the Prize would be used to help support a feeding program such, as a soup kitchen, food bank, emergency pantry, before or after school feeding program, shelter, or similar type of program, to assist low income adults, children or families and describe the number of people that will be served, the size of the population in need, and the Eligible Non-Profit Participant’s ability to establish and maintain a garden; and (2) the effective expression of ideas and/or description of personal challenges (the "Judging Criteria").
b. Selection Process: The selection of the winner of the Contest will involve the following selection process:
Phase One: Beginning at 12:01 a.m. ET on or about August 5, 2011 and ending at 11:59 p.m. ET on September 30, 2011 (the “Public Voting Period”), the public can vote for their favorite Essay by logging onto www.facebook.com/NaturesPath. Limit one (1) vote per person and/or email address each day of Public Voting Period and only persons who are over 18 and a resident of one of 49 US or DC (excluding residents of AZ) are eligible to vote. All votes must be submitted by 11:59 p.m. ET on September 30, 2011. The five (5) Eligible Non-Profit Particpants from the United States and 5 Eligible Non-Profit Participants from Canada receiving the highest number of votes on www.facebook.com/JustMeans will be selected as finalists to be considered in Phase Two of the Contest (the "Finalists").
Phase Two: On or about October 15, 2011. Sponsors shall select the three (3) Winners from among the Finalists within their sole and absolute discretion based on the Judging Criteria and the results of Phase One.
4. WINNER NOTIFICATION: Potential Eligible Non-Profit Participant winner(s) will be notified by both e-mail and postal mail, using the information provided on his/her Entry, on or about October 15, 2011. Sponsors will then send to potential winner(s) by e-mail, at the e-mail address on his/her Entry, an Affidavit of Eligibility, Release of Liability, Publicity Release, unless prohibited by law, and any other documentation that Sponsors require (the “Affidavit”). In order to receive his/her Prize and be a winner of the Contest, each Winner must sign and return to Sponsor a notarized Affidavit along with a copy of the winner’s Articles of incorporation, a certificate of good standing, and tax exemption letter from the Internal Revenue Service, or with respect to Canadian registered charities and not-for-profit organizations, equivalent recognition, within fourteen (14) days after receipt of the winner notification by the potential winner(s). In the event: (a) potential Eligible Non-Profit Participant winner(s) cannot be reached for whatever reason after a reasonable effort has been exerted based on the information stated in the Entry, (b) of noncompliance with the above or within any of the aforesaid time periods, (c) potential Eligible Non-Profit Participant is found to be ineligible to enter the Contest or receive the prize, (d) potential Eligible Non-Profit Participant cannot or does not comply with the Official Rules, (e) potential Eligible Non-Profit Participant winner’s prize notification or Affidavit is returned as undeliverable for whatever reason, or (f) potential Eligible Non-Profit Participant winner fails to fulfill the Affidavit-related obligations, the potential Eligible Non-Profit Participant winner shall be disqualified from the Contest and an alternate potential Eligible Non-Profit Participant may be selected, at Sponsors’ sole discretion, from among the other eligible entries received. Winner selection is under the supervision of Sponsors, whose decisions are final and binding in all respects. If Eligible Non-Profit Participant’s e-mail address, telephone number, or home mailing address changes after it enters the Contest, it is theEligible Non-Profit Participant’s sole responsibility to notify Sponsors by postal mailing notice to the address stated below to be received before the end of the Promotion Period.
5. PRIZES: The approximate retail value (the “ARV”) of the prize is $22,000 cash to be used specifically for the development of an organic garden that will supply food to a non-profit feeding agency such as a food bank, soup kitchen, emergency pantry, shelter, before or after school program or other similar type of program (ARV $25,000). In addition, the Sponsors will host one (1) fundraising breakfast for each winner at the winner’s official headquarters to raise food and funds to support the further development of the garden (ARV $10,000). The total ARV of all prizes awarded is estimated at $96,000. There is a total of 3 prize(s) to be awarded to 3 winner(s). Prizes are awarded for the installation of an organic garden in 2010. Prize subject to any and all applicable terms and conditions. Any depictions of prizes are for illustrative purposes only. ALL FEDERAL, STATE AND LOCAL TAXES ON THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. WINNER WILL BE SENT AN IRS FEDERAL 1099-MISC TAX FORM FOR THE RETAIL VALUE OF ANY PRIZE AT OR ABOVE $600. No transfer, refund, substitution, or replacement of prizes permitted, except that Sponsors reserve the right, in their sole discretion, to substitute a prize of equal or greater value (or cash equivalent). ARV of all prizes is in U.S. dollars. All prizes will be awarded within 1 year of receipt of valid and executed winners’ affidavit or prize confirmation. Any portion of the prize not accepted or unclaimed and/or unused by the winner will be forfeited and will not be substituted.
7. NO TAMPERING; RIGHT TO CANCEL, MODIFY: Sponsors and their parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to Eligible Non-Profit Participants, with regard to: (a) Entries/Essay that contain inaccurate information or do not comply with or violate the Official Rules; (b) Entries/Essay, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) Eligible Non-Profit Participants who have committed fraud or deception in entering or participating in the Contest or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to travel cancellation, delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsors’ reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this promotion or any promotion or prize related activities. Sponsors reserve the right, in their sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Contest, or with any Web sites promoting the Contest; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Contest multiple times through the use of multiple e-mail addresses or the use of any robotic or automated devices to submit entries. If Sponsors determine, in their sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Contest, Sponsors reserve the right to void the entries at issue, and/or terminate the relevant portion of the Contest promotion, including the entire Contest promotion, and/or modify the Contest and/or select winner(s) to award the prize(s) using all eligible entries received as of the termination date. If the Contest is terminated or modified due to technical difficulties or unforeseen events prior to the expiration date of the Promotion Period, notice will be posted at . www.facebook.com/NaturesPath.
8. RELEASE OF LIABILITY; DISCLAIMER OF WARRANTY; FORUM SELECTION CLAUSE: By participating in the Contest, Eligible Non-Profit Participants and winners agree to release and hold harmless Sponsors and their parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury (including emotional distress), and/or death which may occur in connection with preparation for, or participation in, the Contest, or possession, acceptance and/or use or misuse of the prize or participation in any Contest-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. By accepting the prize, winner agrees that any liability concerning or arising out of the prize rests solely with the manufacturer of the goods or their affiliates. Sponsors and their parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors assume no responsibility for any injury or damage to Eligible Non-profit Participants or to any other person’s computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Contest. In the event that you breach any of your representations, warranties or undertakings contained herein, Sponsor shall be entitled to and may seek indemnification from you for recovery of all legal fees, damages, claims and other expenses that may be incurred by Sponsor or its affiliated entities as a result of your aforementioned breach. Eligible Non-Profit Participants and winners agrees to indemnify Sponsor from any third party claims, damages, losses or injuries, including reasonable attorney’s fees and costs, arising from or relating to Eligible Non-Profit Participant's participation in the Contest and the Entry. Eligible Non-Profit Participants and winners acknowledge that Sponsors have neither made nor are in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize, including, but not limited to, express warranties provided by the manufacturer of the goods or their affiliates. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Eligible Non-Profit Participants or Sponsors in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Pennsylvania, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania. In addition, any dispute relating to the Contest (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in the County of Lehigh, Pennsylvania. Eligible Non-Profit Participants and winners hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction they may have.
9. LIST OF WINNERS; FUTURE SWEEPSTAKES/CONTESTS: A winners’ list will be posted on the Web Site on or about October 30, 2011, or to receive a list of the winners after October 30, 2011, by mail send a self-addressed envelope, with applicable U.S. postage affixed (VT state residents only may omit return postage), to: Organic Gardening , Rodale Inc., 400 South 10th Street, Emmaus, PA 18098, Attn: Marketing Department, or by e-mail send an e-mail to email@example.com and in the body of the e-mail type: Please e-mail me the winner’s list for the "Nature’s Path Gardens for Good Contest"
10. SPONSOR: The Sponsors of the Contest are Rodale Inc., 33 East Minor Street, Emmaus, PA 18098-0099, and Nature’s Path, 9100 Van Horne Way, Richmond, BC, V6X, 1W3, Canada.