GARDENS FOR GOOD 2022 - OFFICIAL RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. AGREEMENT TO BE LEGALLY BOUND BY CONTEST RULES:
Read these official contest rules (“Contest Rules”) in their entirety before entering the Gardens for Good 2022 Contest (“Contest”).
Participation in the Contest constitutes unconditional agreement and acceptance of these Contest Rules which are final on all matters relating to the Contest. This Contest is sponsored and administered by Nature’s Path Foods Inc. (“Sponsor”). By entering this Contest you agree to be legally bound by the decisions of the Sponsor, which are final with respect to all matters relating to the Contest. The Sponsor’s address is 9100 Van Horne Way, Richmond, BC, V6X 1W3, Canada.
The Contest is governed by these Contest Rules, and is subject to all applicable federal, state and local laws. Void where prohibited.
2. KEY DATES
The Contest starts at 12:00:00 PM Pacific Time (“PT”) on February 22, 2022 and ends at 11:59:59 PM PT on April 14, 2022 (the “Promotion Period”). The Promotion Period is divided as follows:
- The Application Period (“Application Period”) starts at 12:00:00 PM PT on February 22, 2022 and ends at 12:00:00 PM PT on March 25, 2022.
- The Public Voting Period (“Public Voting Period”) starts at 12:00:01 PM PT on March 25, 2022 and ends at 12:00:00 PM PT on April 1, 2022.
- The Evaluation Period (“Evaluation Period”) starts at 12:00:01 PM PT on April 1, 2022 and ends at 12:00:00 PM PT on April 11, 2022.
- The Winner Announcement Period (“Winner Announcement Period”) will take place on April 14, 2022 before 11:59:59 PM PT.
Pacific Time shall control for all purposes of this Contest.
The Contest is open only to United States registered charities and not-for-profit organizations that are:
- a non-profit corporation registered to do business as a domestic non-profit corporation in the United States,
- registered as having tax exempt status with the Internal Revenue Service or equivalent recognition, and
- not a previous Gardens for Good Contest winner (“Eligible Non-Profit Participant” or “Eligible Non-Profit Participants”).
All corporations that do not satisfy the above eligibility requirements shall not be eligible to enter or win. 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 within one year from the date the winning Eligible Non-Profit Participant receives the prize 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. Expenses not specifically related to the development of an organic garden within one year of prize receipt do not qualify for the prize.
Any charity or non-profit corporation who has, within one year prior to the start date of the Contest, performed services for Sponsor, 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 (the “Contest Parties”), do not qualify as an Eligible Non-Profit Participant and are not eligible to enter the Contest or win the prize. In order to enter the Contest or receive the prize, you must fully comply with the Contest Rules, and you certify that you are eligible to enter.
IMPORTANT NOTE: To participate, each Eligible Non-Profit Participant must designate one (1) authorized representative to enter and participate in the Contest on behalf of the Eligible Non-Profit Participant (an “Authorized Representative”). To be eligible, such Authorized Representative must be: (a) a legal resident of the 50 United State (or District of Columba) who has reached the legal age of majority in his/her state of residence; and (b) authorized at the time of entry (and must remain authorized during and after the Contest) by the Eligible Non-Profit Participant to: (i) provide to Sponsor any and all required information that relates to the Eligible Non-Profit Participant for the purposes of administering the Contest in accordance with these Contest Rules; (ii) enter and participate in the Contest on behalf of the Eligible Non-Profit Participant; and (iii) agree to be legally bound by these Contest Rules on behalf of the Eligible Non-Profit Participant. By participating in this Contest, each Authorized Representative signifies his/her, and his/her Eligible Non-Profit Participant’s, agreement to be legally bound by these Contest Rules.
THE CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK/ INSTAGRAM, TWITTER OR ANY OTHER SOCIAL MEDIA PLATFORM. BY ENTERING, YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO ANY SOCIAL MEDIA PLATFORM.
4. HOW TO ENTER AND GENERAL REQUIREMENTS:
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A purchase or payment will not improve your chances of winning.
- How to Enter: Eligible Non-Profit Participants may enter the Contest on naturespath.com/gardens (the “Website”). To enter, during the Application Period completely fill out all the required fields in the Contest entry form available on the Website, including first and last name of the Eligible Non-Profit Participant’s Authorized Representative, the Eligible Non-Profit Participant’s mailing address, email address, daytime telephone number (including area code), and state:
- the Eligible Non-Profit Participant’s project/program name,
- the complete legal name of the Eligible Non-Profit Participant, and
- in 400 words or less a written explanation of the Eligible Non-Profit Participant’s existing organic garden project, detailing the people involved, the community the Eligible Non-Profit Participant serves, and how the Eligible Non-Profit Participant would use the Prize (defined below) to further its project in support of the Eligible Non-Profit Participant’s community (the “Statement”).
Next, follow the on-screen instructions to signify agreement to these Contest Rules and submit your Statement and all other information entered on the Website entry form (collectively, an “Entry”). ALL ENTRIES MUST BE SUBMITTED AND RECEIVED DURING THE APPLICATION PERIOD.
- General Requirements: Limit one (1) Entry per Eligible Non-Profit Participant. Entries by the same participant in excess of the limits stated herein will be disqualified. Mechanically altered or reproduced Entries are not eligible. By participating in the Contest, each entrant understands and agrees that their Entry must be, and hereby warrants and represents that their Entry is, in accordance with the following participation requirements:
- All Statements/Entries submitted must be unique and 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 Statement/Entry, have full rights and authority to grant Sponsor the rights, title, interests and copyrights to use the Statement/Entry, as provided in the Contest Rules, and have obtained all necessary rights in and to the Entry for the purposes of entering such Entry in the Contest (including without limitation, acquiring any necessary releases with respect to the Statement/Entry);
- All Statements/Entries cannot contain the image or likeness of or reference to 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 and Authorized Representative (including, but not limited to, any depictions of celebrities) unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;
- All Statements/Entries cannot contain or describe, in any identifiable way, any third party copyrights, trademarks/trade names, 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; and,
- All Statements/Entries must not violate any law, statute, ordinance or regulation nor give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party.
5. JUDGING CRITERIA AND WINNER SELECTION:
The selection of the potential winners of the Contest will involve the following selection process: (a) public voting, (b) judging, and (c) winner announcement.
- Public Voting: During the Public Voting Period, residents of the United States who have reached the legal age of majority in their state of residence at the time of voting will be able to visit the Website, where during the Public Voting Period certain Entry information will appear, and submit a vote (each, a “Vote”) for their favorite Entry by following the on-screen instructions. Limit one (1) Vote per person. All eligible Entries will be judged by representatives of the Sponsor during the Evaluation Period (regardless of the number of Votes received), which will include consideration of the total number of Votes received, as set out below.If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to: (i) exceed any of the limits stated in these Contest Rules; (ii) use any automated, script, macro, robotic or other program(s) to submit Votes; and/or (iii) engage in systematic repeated voting from the same computer/IP address; then Sponsor reserves the right, in its sole and absolute discretion, to disqualify the Votes and/or Entry to which such Votes relate.
All Votes and voters are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying the eligibility and/or legitimacy of any Vote or other information submitted (or purportedly submitted) for the purposes of this Contest; and/or (ii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with these Contest Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor of the applicable Votes and/or the Entry to which such Votes relate.
IMPORTANT NOTE: Individuals may encourage other eligible individuals to vote for an Entry; however, no form of incentive, inducement, prize or chance of receiving any incentive, inducement, or prize may be offered as part of such encouragement in furtherance of receiving such individual’s Vote for any Entry. Any individual determined by the Sponsor to be engaging in such behavior is subject to disqualification (as determined by the Sponsor in its sole and absolute discretion) as well as the corresponding Votes and/or Entry to which such Votes relate.
- Judging: During the Evaluation Period, Entries will be judged and assigned a score (a “Score”) by representatives of Sponsor (the “Contest Judges”), appointed by the Sponsor at its sole and absolute discretion, on the basis of the following weighted criteria (the “Judging Criteria”):
- 50% – the total number of eligible Votes received by the Entry during the Public Voting Period, and
- 50% – the following criteria (weighted equally):
- the compelling, empowering, and inspirational nature in which the Eligible Non-Profit Participant describes their organic garden project,
- the Eligible Non-Profit Participant’s ability to establish and maintain a garden taking into consideration available resources and land permit use, and
- the demonstrated need of the community served by the Eligible Non-Profit Participant submitting the Entry.
Each Eligible Non-Profit Participant whose Entry obtains one (1) of the top sixteen (16) Scores will be selected as a potential winner. The odds of winning depend on the number and caliber (based on the Judging Criteria) of eligible Entries received. In the event of a tie between two or more Entries based on Score, the Eligible Non-Profit Participant associated with the Entry – from amongst all such Entries that are tied – with the highest score on the “compelling, empowering, and inspirational nature in which the Eligible Non-Profit Participant describes their organic garden project” criterion listed above will be deemed to have obtained the higher Score.
Eligible Non-Profit Participants are not required to share their Entries in social media; however, if any Eligible Non-Profit Participant shares its Entry on social media, the Eligible Non-Profit Participant is invited to include the hashtag “#Gardens4Good”.
6. WINNER NOTIFICATION:
NO PARTICIPANT IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS THE PARTICIPANT AS A WINNER IN ACCORDANCE WITH THESE RULES. During the Winner Announcement Period, upon selection of the potential winners, the Sponsor will send by e-mail, at the Authorized Representative’s e-mail address associated with the potential winners’ Entry, a winner notification as well as the Sponsor’s declaration and release form (the “Declaration and Release”).
In order to receive a prize and be declared an official winner of the Contest, an Authorized Representative of the potential winner must first return to Sponsor: (i) a fully executed copy of the Affidavit of Eligibility and Release; and (ii) a copy of the winner’s charity status registration number and/or certificate of incorporation (as applicable, determined by Sponsor in its sole and absolute discretion), within fourteen (14) days after receipt of the winner notification by the potential winner.
In the event (all as determined by Sponsor, in its sole and absolute discretion):
- a potential Eligible Non-Profit Participant winner and/or its Authorized Representative cannot be reached for whatever reason after a reasonable effort has been exerted based on the information stated in the Entry,
- of non-compliance by a potential Eligible Non-Profit Participant with the above or within any of the aforesaid time periods,
- a potential Eligible Non-Profit Participant winner is found to be ineligible to enter the Contest or receive the prize,
- a potential Eligible Non-Profit Participant winner has not, cannot or does not comply with the Contest Rules,
- a potential Eligible Non-Profit Participant winner’s prize notification or Declaration and Release is returned as undeliverable for whatever reason, and/or
- a potential Eligible Non-Profit Participant winner fails to fulfill the Declaration and Release-related obligations,
the potential Eligible Non-Profit Participant winner shall be disqualified from the Contest (and will forfeit all rights to receive a prize) and an alternate potential Eligible Non-Profit Participant may be selected, at Sponsor’s sole discretion, based on Score from among the other eligible Entries received in accordance with the procedure above.
Winner selection is under the supervision of Sponsor, whose decisions are final and binding in all respects. If an Eligible Non-Profit Participant’s or Authorized Representative’s e-mail address, telephone number, or home mailing address changes after it enters the Contest, it is the Eligible Non-Profit Participant’s or Authorized Representative’s (as applicable) sole responsibility to notify Sponsor by postal mailing notice to the address stated below to be received before the end of the Promotion Period.
There are sixteen (16) prizes (each, a “Prize”) available to be won, each consisting of five thousand dollars ($5,000 USD) to be awarded to each of the confirmed winning Eligible Non-Profit Participants (“Winners”). Each Prize must be used specifically by Winner for the expenses of establishing or maintaining an organic garden within one year from the date the Winner receives the Prize 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. Expenses not specifically related to the development of an organic garden within one year of Prize receipt do not qualify for the Prize. The total ARV of all Prizes awarded is $80,000 USD.
Winners are responsible for all taxes, duties, and fees associated with prize receipt and/or use. All federal, state, and local tax liabilities, as well as any other costs and expenses not specified herein as being awarded are the sole responsibility of the Winner. Winner may be required to complete and return an IRS W-9 form (i.e. Request for Taxpayer Identification Number and Certification). Prize will be awarded only if the Winner fully complies with these Official Rules.
Prizes are subject to any and all applicable terms and conditions. Any depictions of Prizes are for illustrative purposes only. The reporting and payment of any taxes that may be payable in connection with a Prize, as applicable, are the sole responsibility of the Winner. No transfer, refund, substitution, or replacement of Prizes permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent). All Prizes will be awarded in approximately sixty (60) days of receipt of valid and executed winners’ Declaration and Release and 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.
For greater certainty and the avoidance of any doubt, Prizes will be awarded to the winning Eligible Non-Profit Participants and not to Authorized Representatives.
8. PUBLICITY RELEASE; USE OF PERSONAL INFORMATION:
Except where prohibited or restricted by law, entering the Contest constitutes each Eligible Non-Profit Participants’ and Authorized Representatives’ agreement and consent for Sponsor and its agents, subsidiaries, affiliates, transferees, sub licensees, and anyone authorized by Sponsor (including the operators of any third party websites and pursuant to any terms and conditions applicable to those websites) to use, replicate, alter, adapt, modify, publish, broadcast, translate, produce derivative works from, distribute, present, play, and otherwise use and exploit the Winner’s organization name, city and jurisdiction, project/program name, the Winner’s Authorized Representative full name, city and jurisdiction of residence, the Winner’s Entry (including without limitation, the Statement and any photographs or any other likenesses, pictures, portraits, voice, testimonials, or biographical information included, in whole or in part), and/or any statements or testimonials made by any Winner representative regarding the Contest or Sponsor, worldwide, royalty-free and in perpetuity for any and all purposes, including, but not limited to, editorial, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, cable, electronic or World Wide Web (including on www.naturespath.com, www.facebook.com/NaturesPath, www.twitter.com/naturespath, and https://www.instagram.com/naturespathorganic), without further limitation, restriction, compensation, notice, review, or approval, which rights Sponsor can assign, sublicense and/or transfer. In addition, each Winner and all other Eligible Non-Profit Participants hereby grant to the Sponsor, in perpetuity, a worldwide, exclusive, license to publish, display, reproduce, modify, edit, make available, communicate to the public by telecommunication and otherwise use their Entry (and each component thereof, including the Statement), in whole or in part, and waive any and all moral rights, in and to their Entry (and each component thereof, including the Statement), in favor of the Sponsor (and anyone authorized by the Sponsor to use such Entry), and agree to execute any such documents as may be necessary to effectuate and/or assign such rights and effectuate such waiver of moral rights, without further compensation.
9. NO TAMPERING; RIGHT TO CANCEL, MODIFY:
Sponsor and all other Contest Parties, and each of their respective partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Parties”) shall not have any obligation or responsibility, including any responsibility to award any Prize to Eligible Non-Profit Participants, with regard to:
- Entries/Statement that contain inaccurate information or do not comply with or violate the Contest Rules;
- Entries/Statement, 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;
- Eligible Non-Profit Participants who have committed fraud or deception in entering or participating in the Contest or claiming a Prize;
- telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties;
- any inability of a Winner to accept a Prize for any reason;
- 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 Sponsor’s reasonable control; or
- 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 Contest or any Contest or Prize related activities;
Sponsor reserves the right, in its sole discretion, to disqualify any participant it finds to be:
- tampering with the entry process or the operation of the Contest, or with the Website or any other websites promoting the Contest;
- acting in violation of the Contest Rules; or
- 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.
10. RELEASE OF LIABILITY; DISCLAIMER OF WARRANTY; FORUM SELECTION CLAUSE:
By participating in the Contest, Eligible Non-Profit Participants and Authorized Representatives agree to release and hold harmless the Released Parties 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 a 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.
Released Parties assume no responsibility for any injury or damage to Eligible Non-profit Participants, Authorized Representatives 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, Released Parties 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 Released Parties or their respective affiliated entities as a result of your aforementioned breach.
Eligible Non-Profit Participants and Authorized Representatives agrees to indemnify Released Parties 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 and/or Authorized Representative’s participation in the Contest and the Entry. Eligible Non-Profit Participants and Authorized Representatives acknowledge that Released Parties 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.
Eligible Non-Profit Participants and Authorized Representatives agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court located in New York, New York; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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 Contest, 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 (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.
All Entries and participants are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) for the purposes of verifying an entrant’s eligibility to participate in this Contest, the eligibility and/or legitimacy of any Entry, and/or for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor.
The Sponsor is not responsible for: (a) 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 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 in the administration of the Contest or the processing of registrations; or (e) 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 Contest or receipt or use or misuse of any prize. If for any reason an entrant’s registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest. No more than the stated number of prizes will be awarded.
11. CONTEST RESULTS
For Contest results, email email@example.com with the subject line “Winners List – Gardens for Good 2022”. Winner list request available until July 1, 2022.