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TERMS & CONDITIONS

FOR THE “UPCYCLING COMPETITION”

OVERVIEW

By entering this competition (the “Competition”), you (the “Participant”) agree to be bound by the following Terms and Conditions. Any information or instructions published by Your Superfoods Inc (“Your Super”) about the Competition on the Your Super channels (i.e. e-mail, social media, website, and all Your Super entities) are included in the following Terms and Conditions.

 

Your Super reserves the right to adapt, change, terminate or cancel the competition at any time without giving reasons and/or prior notice, for example, if the technical functionality of Your Super’s systems is restricted. If you do not agree to be bound by all of these Terms, do not participate in the Competition.

 

GENERAL TERMS

  • The Participant agrees that all Content submitted for the Competition shall abide by the Content Guidelines set forth below at all times.
  • The Participant agrees to not create an account for anyone other than themself. The Participant may not create multiple accounts or create accounts using an automated device, script, bot, spider, crawler or scraper.
  • The Participant must not post confidential or private information.
  • The Participant agrees to comply with all federal, state and local laws, rules and regulations applicable to your participation in the Competition and posting of any Content. The Participant agrees to be solely responsible and liable for any of the Content posted by the Participant .
  • License to Use. By submitting Content, the Participant hereby agrees to grant Your Super the irrevocable, perpetual, worldwide, transferable, sub-licensable, non-exclusive, fully paid and royalty-free license to use the Content, including all rights to reproduce, publish, edit, market, store, adapt, assign, dispose of, distribute, have distributed, publicly and privately display, communicate, transmit, have transmitted, create derivative works based upon, and promote the Content or excerpts of the Content (as such may be edited and modified by Your Super in its discretion) in perpetuity, for editorial, commercial, promotional and all other purposes in all media (including posting on Your Super-affiliated websites, and/or other Your Super-selected media). The Participant agrees to release and discharge Your Super from any and all claims, actions and liabilities, whether known or unknown, including, but not limited to, claims of publicity or privacy rights violations and libel, that The Participant or their heirs may have by reason of Your Super’s exercise of the rights granted in this paragraph.
  • The Participant agrees to be responsible for any data charges the Participant may incur as a result of participation in the Competition.
  • The Participant represents and warrants that: (a) you own the Content posted by the Participant or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (b) the Content does not violate or infringe on the rights of any third party, including without limitation, privacy rights, publicity rights, copyrights, trademarks or any other intellectual property rights; and (c) the Participant agrees to indemnify and hold Your Super harmless from any and all claims brought by a third party alleging payment of royalties, fees or any other costs or money owed by reason of the Content posted by the Participant.
  • The Participant understands and agrees that Your Super may remove any Content from any and all entities without notice. However, Your Super may continue to store removed Content. Your Super is not liable for any termination or suspension or for the loss of any Content.
  • The Participant agrees that Your Super may monitor and review information the Participant submits to the Competition and post through Instagram and that Your Super may censor, edit, remove or prohibit Content that it deems inappropriate or in violation of these Terms of Use. You hereby consent to such monitoring and storing of Content without restriction.

PROMOTER

The promoter of this Competition is Your Superfoods Inc., 2100 Abbot Kinney Blvd F, Venice, CA 90291 (“Your Super”). This promotion is in no way sponsored, administered, or associated with Facebook or Instagram, Inc. By entering, entrants confirm that they are 13+ years of age, release Instagram of responsibility, and agree to Instagram’s terms of use.

 

ELIGIBILITY

The competition is open to all U.S. residents ages 18 or over.

 

Employees or agents of Your Super or any of its group companies or their families or households or anyone professionally connected to this Competition are not eligible to enter.

 

No purchase is necessary to enter.

 

COMPETITION PERIOD

The Competition is open from 12:00 a.m. PT on April 3, 2021 to 11:59 p.m. PT on April 29, 2021 (“the Competition Period”)."

 

PRIZE

The overall winner of the Competition will receive the following prize:

 

1 Ultimate Health Bundle

 

Additionally, there will be 3 runners-up who will each receive:

 

1 Detox Bundle

 

The prizes carry no cash value, are non-transferable and may not be substituted by the winner.

 

ENTRY

Multiple Entries are allowed, but each Entry requires a separate creation and submission form.

 

  • Create an original creation using at least 1 Your Super superfood can. It can be a work of art, something useful, or both!
  • Complete this form. You will be asked to submit a photo or video (up to 10 MB allowed) of your creation along with a brief description.
  • You must use at least 1 Your Super superfood can in your creation.
  • Submit your entry before the competition closes at 11:59 p.m. PT on April 29, 2021.

 

Multiple entries are allowed, but each Entry requires a separate creation and submission form. The Entry must be made by the Participant, and must not be made through agents or third parties.

 

The winning Entry will be selected via an internal committee using a points system that awards points for utility, creativity, and resourceful use of materials.

 

Any text, images or any other content (the “Content”) which are submitted by the Participant must adhere strictly to the following content guidelines (the “Content Guidelines”) for the Competition:

  1. The Content must be in the English language.
  2. The Content must be the Participant’s own original creation.
  3. The Content must not infringe any third-party intellectual property.
  4. The Content must not infringe the rights of, or be defamatory or libellous about, any person.

 

Excluded from participation are:

  1. Entries with racist, violent, insulting, pornographic, defamatory or extremist Content.
  2. Entries that are considered, at Your Super’s sole discretion, to be offensive, sexually explicit, rude, disparaging or otherwise inappropriate.
  3. Entries that have already been published or that have been originally created by others.
  4. Entries that violate applicable law, in particular copyright, competition or trademark law.

Entries containing any Content that does not comply with the Content Guidelines will not be entered into the Competition and the associated submission will be deemed invalid.

 

Entries that are incomplete will be deemed invalid. No responsibility is accepted by the Promoter for lost, delayed or damaged data which occurs during any communication or transmission of data.

 

Your Super reserves the right at its absolute discretion to disqualify Entries which it considers do not comply with these terms and conditions or any Participant who it reasonably believes has interfered with the fair running of this Competition.

 

Your Super shall have the right, where necessary, to undertake all such action as is reasonable to protect itself against fraudulent or invalid claims including, without limitation, to require further verification as to the identity, age, and other relevant details of a participant.

 

SELECTION OF A WINNER

Following the end of the Competition Period, Entries will be reviewed and a Winner will be selected by an internal committee of Your Super employees.

 

The winner will be contacted via the email address provided by the Participant no later than May 7, 2021.

 

The winner must acknowledge receipt of their prize and confirm their details including name, and postal address within 7 days of being notified. Your Super reserves the right to select an alternative winner should the prize not be claimed within this time. Delivery of the Prizes will be fulfilled by Your Super or its agent. Prizes will be sent to the winners by Your Super or its agent no later than 28 days after the Competition winners have confirmed their postal address.

 

The winning Entries will be used by Your Super for its own purposes (see further details in section “Use of the Entries / Content”).

 

USE OF CONTENT / ENTRIES

Your Super may publish on any of its websites, or any of its channels any and all Content received by it in connection with this Competition.

 

The Participant hereby waives all moral rights they have in the Content submitted to the fullest extent permitted by law.

 

Each Participant warrants that they are the person who created the Content submitted to this Competition and that all Content adheres to the Content Guidelines. The Participant shall indemnify Your Super and hold it harmless from and against any losses, damages, liabilities, obligations, claims, actions and demands, including without limitation reasonable legal fees, arising directly or indirectly from any breach of warranty set out in this clause.

 

PRIVACY & DATA PROTECTION

The personal data provided by the Participants in the context of the Competition will be used exclusively for the implementation of the Competition.

 

The provision of personal data is necessary for participation in the Competition. The Participant assures that the personal data provided, in particular first name, surname and email address, are true and correct.

 

Your Super may disclose the winner’s personal information to its contractors and agents to assist in conducting this Competition, and fulfilling delivery of the Prizes.

 

The Participant may revoke consent in writing to Your Super at any time, whereupon the Participant's personal data collected and stored will be deleted immediately.

 

Your Super reserves the right to publish the names and towns of residence of all winners. Each winner may be required to participate in the Promoter’s marketing and promotional activities and by entering the Competition consents to such participation.

 

Other than as set out in these terms and conditions or for the purposes of operating the Promotion, the details and information provided by the Participant when entering the Promotion or claiming a prize will not be used for any promotional purpose, nor shall they be passed to any third party.

 

GENERAL

Your Super shall not be liable for any interruption to this Competition whether due to force majeure or other factors beyond Your Super’s control.

 

Your Super reserves the right, acting reasonably and in accordance with all relevant legislation and codes of practice, to adapt the terms and conditions of this Competition.

 

Your Super will not be responsible or liable for: (a) any failure to receive Entries due to transmission failures and other conditions beyond its reasonable control; (b) any late, lost, misrouted, or damaged transmissions or Entries; (c) any computer or communications-related malfunctions or failures; (d) any disruptions, losses or damages caused by events beyond the control of Your Super; or (e) any printing or typographical errors in any materials associated with the Competition.

 

By entering the Competition, the Participant agrees to release Your Super from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Competition or with the acceptance, possession, attendance at or use of any prize (except death or personal injury caused by the Promoter’s negligence, for fraud, or otherwise as prohibited by law).

 

This Competition and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with U.S. law. You irrevocably agree that the U.S. courts shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Competition.

 

Should individual provisions of these terms and conditions be or become invalid, the legal validity of the remaining conditions of participation shall not be affected.

 

EXCLUSION OF WARRANTY, DISCLAIMER.

Participants agree to participate at their own risk. The Competition, and any related information, contents and/or materials are provided on an “as is” basis without warranties of any kind. Your Super hereby disclaims all warranties, either express or implied, including but not limited to: warranties of title or implied warranties of merchantability; fitness for a particular purpose; non-infringement; and those arising by statute or otherwise in law or from a course of dealing or usage of trade; other than those warranties which are imposed by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement. No oral advice or written correspondence or information provided by your super will create a warranty of any kind, and you should not rely on any such information or advice.

 

LIMITATION OF LIABILITY

In no event shall Your Super, its agents, representatives or licensors be liable to you or any other party for any loss or injury or any damages, either direct, indirect, punitive, special, incidental, consequential or otherwise (including, but not limited to lost profits or lost savings) resulting from or in any way connected to: (1) the participation in the Competition; or (2) the performance or non-performance by Your Super or any third-party providers of products or services related to this competition; even if such party has been advised of the possibility of damages to such parties. This limitation of liability shall apply regardless of whether the claim asserted is based on contract, negligence, or any other theory of recovery. Some jurisdictions do not allow the exclusion of consequential or incidental damages, so some of the foregoing exclusions may not apply to the Participant. The Participant hereby waives any and all claims against Your Super, its parent, and their subsidiaries, affiliates, officers, directors, agents, employees, representatives and licensors (collectively, “Your Super”) arising out of, or in any way connected to the use of the service and/or any related products or services.

 

The Participant hereby waives any and all rights to bring any claim or action related to this Competition beyond one (1) month after the first occurrence of the kind of act, event, condition or omission upon which such claim or action is based.

 

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