GARDENS FOR GOOD RULES & REGS
OFFICIAL RULES AND REGULATIONS FOR GARDENS FOR GOOD 2021
Nature’s Path Foods Inc. – “Gardens for Good 2021 Contest”
Read these official rules and regulations (“Contest Rules”) in their entirety before entering the Gardens for Good 2021 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 administered by Nature’s Path Foods Inc. (“Administrator”), and sponsored by Nature’s Path Foods, Inc. (“Sponsor”). By entering this Contest you agree to be bound by the decisions of the Administrator and/or Sponsor, as applicable, which are final with respect to all matters relating to the 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 Contest” starts at 12:00:00 PM Pacific Time (“PT”) on February 5th, 2021 and ends at 10:00:00 AM PT on April 14th, 2021 (the “Promotion Period”).
The Application Period (“Application Period”) starts at 12:00:00 PM PT on February 5th, 2021 and ends at 10:00:00 AM PT on March 24th, 2021.
The Voting Period (“Public Voting Period”) starts at 10:00:00 AM PT on March 24th, 2021 and ends at 10:00:00 AM PT on April 7th, 2021.
Pacific 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 Canadian Federal, provincial or territorial laws, and is void wherever prohibited by law.
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, PUERTO RICO, GUAM, U.S. VIRGIN ISLANDS AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS and Canadian registered charities and not-for- profit organizations EXCLUDING THOSE BASED IN THE PROVINCE OF QUEBEC,
(ii) in good standing in its state or province or jurisdiction of incorporation,
(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, and
(iv) not a previous Gardens for Good Contest winner (“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 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.
All non-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 garden within one year of prize received 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 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, 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 Sponsor, 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/ INSTAGRAM, TWITTER OR ANY OTHER SOCIAL MEDIA PLATFORM. BY ENTERING, YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO ADMINISTRATOR AND SPONSOR AND NOT TO ANY SOCIAL MEDIA PLATFORM.
2. HOW TO ENTER AND GENERAL REQUIREMENTS:
a. How to Enter: Eligible Non-Profit Participants may enter the Contest on www.naturespath.com/gardensforgood.
To enter during the Application Period, 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 Eligible Non-Profit Participant, the Eligible Non-Profit Participant’s mailing address, email address, daytime telephone number (including area code), and state:
(i) the Eligible Non-Profit Participant’s project/program name,
(ii) the complete name of the Eligible Non-Profit Participant, and
(iii) in 400 words or less a written explanation of the Eligible Non- Profit Participant’s 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 to further its project in support of the Eligible Non-Profit Participant’s community (the “Statement”). Agree to the contest rules and submit your entry form to the Web Site (the “Entry” or “Entries”). ALL ENTRIES MUST BE RECEIVED BY 10:00:00 AM PT on March 24th, 2021.
b. General Requirements: Limit one (1) Entry per Eligible Non-Profit Participant throughout the Application Period. Entries by the same person in excess of the limits stated herein will be disqualified.
All Statement/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 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 Official Rules, and have acquired any necessary releases with respect to the Statement/Entry.
Furthermore, Statement/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 Sponsor along with the Statement/Entry.
Statement/Entry cannot describe, in any identifiable way, any 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.
3. JUDGING CRITERIA AND WINNER SELECTION:
a. Judging Criteria: Entries will be judged by representatives from Sponsor based on the following criteria:
(1) the compelling, empowering, and inspirational nature in which the Eligible Non-Profit Participant describes their organic garden project,
(2) the Eligible Non-Profit Participant’s ability to establish and maintain a garden taking into consideration available resources and land permit use, and
(3) the demonstrated need of the community served by the Eligible Non-Profit Participant submitting the Entry.
b. Selection Process: The selection of the winners of the Contest will involve the following selection process:
Voting Period begins on or about 10:00:00 AM PST on March 24th 2021 and ending at 10:00:00 AM PST on April 7th, 2021 (the “Public Voting Period”), the public can vote for their favorite Entry by logging onto www.naturespath.com/gardensforgood where, during the Public Voting Period, certain Entry information will appear. Limit one (1) vote per entry 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) and Canada (excluding residents of Quebec) are eligible to vote. Eligible Non-Profit Participants and Finalists 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”.
On or about April 14th 2021, the Sponsor shall select the twenty-one (21) Winners, sixteen (16) from the US and five (5) from Canada, from among all garden applicants within their sole and absolute discretion based on the Judging Criteria and the results of the Voting Phase. Equal weight and consideration is given to the number of votes a garden applicant receives during the Voting Phase and our internal review based on Judging Criteria.
4. WINNER NOTIFICATION:
Upon selection of final contest winners, Administrator will send 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 Administrator or Sponsor requires (the “Affidavit”). In order to receive his/her Prize and be a winner of the Contest, each Winner must sign and return to Administrator 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 (including for a Canadian charitable organization, the charity status registration number and for Canadian not-for-profits, a copy of the certificate of incorporation), 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 non-compliance 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 Sponsor’s sole discretion, from among the other eligible entries received.
Winner selection is under the supervision of Sponsor, 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 the Eligible Non-Profit Participant’s sole responsibility to notify Administrator by postal mailing notice to the address stated below to be received before the end of the Promotion Period.
The approximate retail value (the “ARV”) of the prize is $5,000 (USD cash for garden winners based in the United States and $5,000 CA cash for garden winners based in Canada) (“Prize”) to be awarded to each of the winning Eligible Non-Profit Participant’s (“Winners”). The Prize must 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. The total ARV of all prizes awarded is $80,000 USD + $25,000 CAD.
There is a total of 21 Prize(s) to be awarded to 21 Winner(s).
Prizes are 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 FEDERAL1099-MISC TAX FORM FROM ADMINISTRATOR FOR THE RETAIL VALUE OF ANY PRIZE AT OR ABOVE $600. No transfer, refund, substitution, or replacement of prizes permitted, except that Administrator reserves the right, in its 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 one (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.
6. PUBLICITY RELEASE; USE OF PERSONAL INFORMATION:
Except where prohibited or restricted by law, winner’s acceptance of prize constitutes the winner’s agreement and consent for Sponsor and their 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 exercise all copyright and other intellectual property rights with respect to the winner’s organization, project/program name, full name, city and state or province of residence, Entry and Statement, photographs or other likenesses, pictures, portraits, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner 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, without further limitation, restriction, compensation, notice, review, or approval, which rights Sponsor can assign, sublicense and/or transfer, the winner’s full name, city and state of residence.
By entering, Eligible Non-Profit Participants agree and consent to allow Sponsor and their 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 exercise all copyright and other intellectual property rights with respect to the Eligible Non-Profit Participant’s organization, project/program name, full name, city and state or province of residence, Entry and Statement, photographs or other likenesses, pictures, portraits, voice, testimonials, and biographical information (in whole or in part), worldwide, royalty-free and in perpetuity for any and all purposes, including, but not limited to, 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, https://www.instagram.com/naturespathorganic without further limitation, restriction, compensation, notice, review, or approval to the extent permitted by law, which rights Sponsor can assign, sublicense and/or transfer, the Winner’s full name, city and state of residence. In addition, winner and Eligible Non-Profit Participants will agree to transfer all rights, title, interests, and copyrights, and to waive any and all moral rights, in the Entries and Statements to Sponsor, and will execute any such documents as may be necessary to effectuate such a transfer or rights and waiver of moral rights, without further compensation.
7. NO TAMPERING; RIGHT TO CANCEL, MODIFY:
Administrator and Sponsor 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/Statement that contain inaccurate information or do not comply with or violate the Official Rules;
(b) 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;
(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 Sponsor’s 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.
Sponsor 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 Websites 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. Administrator reserves the right to modify, extend, suspend or terminate the Contest, or any part of it, in its sole discretion, for any reason, including fraud, technical failures or difficulties, human error or any reason that may affect the Contest, and notice of any modification, extension, suspension or termination will be posted at www.facebook.com/NaturesPath or www.naturespath.com/gardensforgood.
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 Administrator and Sponsor and their parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (“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 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.
Released Parties 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, 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 winners 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 participation in the Contest and the Entry. Eligible Non-Profit Participants and winners 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.
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 Sponsor 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 convenience or lack of personal jurisdiction they may have.
9. LIST OF WINNERS
A winner’s list will be posted on the website on or about April 14th 2021. To receive a list of the winners after April 14th 2021 by mail send a self-addressed envelope, with applicable Canada postage affixed to: Nature’s Path Foods, 9100 Van Horne Way, Richmond BC, V6X 1W3 Attn: Marketing Department.
The Sponsor of the Contest is Nature’s Path Foods Inc., 9100 Van Horne Way, Richmond, BC, V6X 1W3, Canada.
The Administrator of the Contest is Nature’s Path Foods Inc., 9100 Van Horne Way, Richmond, BC, V6X 1W3, Canada.