Else. World Contest – Terms and Conditions
Please carefully read the following Terms and Conditions (the "Terms") because they constitute a binding agreement for individuals seeking to participate in the else. World Contest (“Contest”).
By submitting an entry to the Content, the individual making the submission (“Participant”, or “you”), agrees to be legally bound by the Terms.
The Contest is organized and administered by Else Nutrition USA Inc. (“we”, “our”, or the “Organizer”).
The Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook.
- Eligible Participants
Except as set forth in these Terms, and subject to any applicable law, the Contest is open only to the individuals residing in the continental United States, that are at least 18 years of age at the time of participation. If you are under the age of 18, you may not participate in the Contest in any way.
The Contest and these Terms are void where prohibited by law.
Employees and board members of the Organizer, its corporate group affiliated companies, persons involved in the administration of the Contest as well as family members of any of the above individuals are not eligible to participate in the Contest.
We reserve the right to verify your identity and eligibility to participate in the Contest. If we so request, you must promptly provide us additional information necessary to verify your identity and eligibility to participate in the Contest. If we, in our reasonable discretion, determine that you have violated the Terms or are not eligible to participate in the Contest, we may disqualify you and terminate your participation under these Terms, without prior notice and without any liability to you.
- What we are looking for in entries
The Contest seeks entries (the “Entries”), which are photos or videos, that show how the Participant, their children or their family are creating an Else World.
To be eligible to compete in the Contest and considered and evaluated by the Judging Panel, your Entry must include:
Photo or video content of them/their family members creating an ‘Else World’ – i.e. an act related to bettering the world; to sustainability (i.e. recycling, planting a tree etc.).
You must submit your Entry by doing both of the following:
- Uploading it to Instagram or Facebook with the hashtag #ElseWorld
- Tagging three friends using the hashtag #ElseWorld
A Participant and his or her household may not submit more than one Entry. If we receive multiple submissions for one household, only the first submission will be eligible to compete in the Contest and considered and evaluated by the Judging Panel.
- Judging Panel and Judging Criteria
The Organizer will, in its sole discretion, choose three individuals among its staff members to judge and evaluate the Entries (“Judging Panel”). The Organizer, in its sole discretion, may add or remove members to or from the Judging Panel.
The Judging Panel will have sole discretion in evaluating the Entries through the following equally weighted criteria:
- Message clarity
- Entertainment value
The Judging Panel, in its sole judgment and in accordance with above criteria, will select three winning Entries and twenty runners-up Entries.
The Judging Panel’s decision is final and non-contestable, and you may not raise objections against the Judging Panel’s decision.
- [January 1, 2021] @ [12 AM EST]: Contest Kick-off
- [January 21st, 2021] @ [11:50 PM EST]: Submission of Entries is due. Only Participants that submit their Entry by this time as per the instructions above, are eligible to participate in the Contest and have their Entry compete and considered and evaluated by the Judging Panel.
- Winning Entries
On or before January 23rd, 2021, @ 11:59 PM EST, the Organizer will announce the winning and runner-up Participants (the “Winners”), on the Organizer’s Instagram and Facebook pages.
The Organizer will contact the Winners by direct messaging on Instagram or Facebook.
If, at any time, the Organizer, in its reasonable judgment, determine that a Winner has violated these Terms, the Organizer may disqualify such Winner without prior notice and without any liability to the Winner.
Each of the three winning Entries will receive a Sustainable Vertical Organic Garden valued at [$600] shipped to their residence within the continental United States or Canada.
Each of the twenty runners up will receive an Else Prize Pack [1 x 22 oz. of Else Plant-Based Complete Nutrition for Toddlers + 1 Else Toddler Bib], valued at [$36 USD], shipped to their residence within the continental United States or Canada.
Prizes are non-transferable and may not be redeemed for cash or any other form of payment.
The prizes may be considered taxable income pursuant to the tax laws applicable you. You are solely responsible for reporting the prize to the relevant taxation authorities, and paying all taxes applicable to the prize, as required by the applicable tax laws. If we so request, you will promptly complete and submit to us all tax forms, tax certificates or tax authorizations we deem necessary, under the applicable tax laws.
Throughout your participation in the Contest, you must not –
- Violate any rules, guidelines or instructions that we may convey regarding the Contest;
- Interfere with or disrupt the operation of the Contest;
- Engage in any action that may manipulate the judgment or evaluation of Entries, or adversely affect other Teams;
- Disparage the Organizer or harm its goodwill or reputation;
- Breach the security of Resources or the Contest systems or identify any security vulnerabilities in them;
- Impersonate any person or entity, or make any false statement pertaining to your identity; or
- Engage in any activity that constitutes or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, defamation, mass email, spam, export control, consumer protection, unfair competition and false advertising.
Your Entry must not include content:
- That may infringe the rights of other parties, including patents, copyrights, trade secrets, trademarks, a person's right to privacy or publicity rights;
- That may depict or identify minors, their personal details, their address or ways to contact them, except with the permission of their parents or guardians;
- That is or appears to be of commercial nature, including advertisements, sponsorships, solicitations, endorsements and public relations material;
- That is false, inaccurate or misleading;
- That may include software viruses, spyware or any other malicious applications;
- That may encourage, support, assist, or advise in the commission of a criminal offense;
- Whose publication is prohibited by any applicable law; or
- That may be threatening, abusive, harassing, defamatory, libelous, vulgar, discriminatory, violent, obscene or racially, ethnically or otherwise objectionable.
Privacy and Publicity.
- Personal Information that we collect and use
The Organizer will collect each Participant’s names through the Participant’s online post in which they submit their Entry.
The Organizer will also collect the Winners shipping address and inquiries from Participants.
We may use and share the above personal information for the following purposes only:
- To operate and administer the Contest, enforce these Terms and contact you as we believe may be necessary (including for updates and announcements regarding the Contest). We may contact you with any matter directly or indirectly relating to the Contest or arising from your Entry.
- Your personal information may be shared with our corporate group companies for these purposes.
- To comply with applicable law and assist law enforcement agencies under applicable law, when we believe it is required or legally justified, and to take any action in any case of dispute or legal proceeding of any kind involving or related to you and the Contest. We may share your personal information with competent authorities and third parties that may be related to the furtherance of these purposes, as well as with third parties to whom we believe that we are required by law to disclose your information.
- Intellectual Property and Publicity and Privacy Rights in your Entry
YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT OF YOUR ENTRY. WHEN YOU SUBMIT AN ENTRY, YOU CONFIRM AND REPRESENT TO US THAT:
- YOU ARE THE SOLE RIGHTFUL OWNER OF ALL INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE ENTRY (OTHER THAN THE RESOURCES).
- YOUR ENTRY DOES NOT USE OR INCLUDE ANY THIRD PARTY ELEMENTS WHOSE INTELLECTUAL PROPERTY RIGHTS ARE HELD BY ANY THIRD PARTY.
- YOU ARE LAWFULLY ENTITLED TO ASSIGN THE RIGHTS SET FORTH BELOW.
- THE ENTRY, AS SUBMITTED TO CONTEST, AND ITS USE BY THE ORGANIZER, WILL NOT INFRINGE ANY RIGHTS OF THIRD PARTIES, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
By submitting your Entry, you give the Organizer a non-exclusive, worldwide, royalty free, free of charge, irrevocable, transferrable and sub-licensable right and license to
- Edit, improve, or modify the Entry in which you, your voice, name, image and likeness, and those of the others portrayed in the Entry, are depicted, including without restriction any changes or alterations as to color, size, shape, perspective, context, foreground or background, provided however that the resulting edited content do not distort the image or likeness of the individuals portrayed in the Entry in any prejudicial manner; and
- Use, reuse, reproduce, publish, republish, distribute and redistribute the above, including those that depict you, your voice, name, image and likeness, and those of the others portrayed in the Entry, whether in conjunction with other published material or not, for the Organizer’s and its corporate group affiliates’ commercial and business purposes, on any medium whatsoever, now known or later developed, including, without limitation, digital medium, the Internet, presentations and printed materials.
You further waive all moral rights and rights of attribution you may have with respect to your Entry.
You fully, unconditionally and irrevocably release, acquit, forever discharge and agree to hold harmless the Organizer, its corporate group affiliates, successors, assigns, licensees, and anyone acting for them or on their behalf, from and against all pleas, claims, demands, promises, liabilities, actions or causes of action, or rights that you and the others portrayed in the Entry may have, in law or in equity, including right or privacy and right of publicity, arising from or in connection with the Entry and the Organizer’s editing and use of the Entry as set forth above.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, THE ORGANIZER, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, PARTNERS, AGENTS AND AFFILIATES (THE “INVOLVED PERSONS”), SHALL NOT BE LIABLE TO YOUR, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PRIZE OPPORTUNITY, PUBLICATION OPPORTUNITY, OR BUSINESS OPPORTUNITY, AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE CONTEST, THE USE OF, OR THE INABILITY TO PARTICIPATE IN THE CONTEST, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE CONTEST’S SYSTEMS OR SUBMISSION INTERFACES, OR FROM ANY DELAYED OR INCOMPLETE ENTRIES, OR FROM ANY COMPUTER OR COMMUNICATION MALFUNCTIONS, OR FROM ANY FAULT, OR ERROR MADE BY THE INVOLVED PERSON’S STAFF, OR FROM YOUR RELIANCE ON THE RESOURCES, OR FROM ANY COMMUNICATION WITH THE ORGANIZER OR WITH OTHER TEAMS, OR FROM ANY DENIAL OR DISQUALIFICATION OF YOUR ENTRY OR PARTICIPATION IN THE CONTEST, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR ENTRY.
YOU ACKNOWLEDGE AND AGREE THAT YOUR PARTICIPATION IN THE Contest is ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, at your own risk.
You fully, unconditionally and irrevocably release, acquit, forever discharge and agree to hold harmless Instagram, Inc. and Facebook, Inc., its corporate group affiliates, successors, assigns, licensees, and anyone acting for them or on their behalf, from and against all pleas, claims, demands, promises, liabilities, actions or causes of action, or rights that you have in connection with the contest.
- Indemnity. You agree to indemnify, defend and hold harmless the Involved Persons and anyone acting on our behalf, at your own expense and immediately after receiving written notice from the Organizer, from and against all damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, arising from any complaint, allegation, claim, or demand, related to your breach or alleged breach of these Terms or any other rules or guidelines applicable to the Contest, or your alleged violation or infringement of another persons’ rights, including intellectual property rights, privacy and publicity.
- Governing Law & Jurisdiction. The Contest, these Terms and any dispute arising therefrom, shall be governed by and construed exclusively in accordance with the laws of the State of New York, regardless of the jurisdiction in which you reside, and without regard to any otherwise applicable conflict of laws rules.
Any Dispute shall be adjudicated under the exclusive jurisdiction and venue of the state courts located in New Your County in the State of New York, and the federal district court for the Southern District of New York.
You and the Organizer expressly consent to the exclusive personal jurisdiction and venue of such courts, and waive any objections related thereto including objections on the grounds of improper venue, lack of personal jurisdiction or forum non conveniens. Notwithstanding the foregoing, the Organizer may lodge a claim against you pursuant to the indemnification provisions of these Terms, in any court adjudicating a third party claim against the Organizer.
- Miscellaneous. The Organizer reserves the right to cancel or temporarily suspend the Contest at any time, with no liability to you. You are not entitled to any form of compensation or consideration for your participation in the Contest, submission of your Entry, or any use of your Entry. You are exclusively responsible for all costs and expenses associated with your participation in the Contest. These Terms constitute the entire agreement between regarding the Contest. You may not assign or delegate these Terms or any of your rights and obligations hereunder. Any purported assignment, in contravention of the above will be null and void. The section headings in the Terms are included for convenience only and shall take no part in the interpretation of the Terms. The term "Including", whether capitalized or not, means without limitation. If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect.
- Contact us. You may contact the Organizer with any question or comments you may have regarding the Contest, at firstname.lastname@example.org