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January 27, 2016

KIND People Program Official Terms & Conditions

Purpose: The KIND Foundation was established to conduct, support and facilitate events and activities designed to empower individuals to leave their communities better then they found them, including events and activities that promote health and wellness, education, kindness and empathy, through community involvement, civic engagement, volunteerism and similar efforts.

The KIND People Program (the “Program”) is designed to further this objective. This Program will celebrate and support, by awarding monetary prizes or grants, individuals who have gone out of their way to help others, particularly those who are vulnerable or in need. Prizes would be awarded in recognition of an individual’s past achievements while grants would be awarded for an individual to use for a specific charitable project.

Eligibility: In order to be eligible for the Program, individuals must be legal residents of one of the 50 states of the United States, the District of Columbia, or Canada (excluding the Province of Quebec). Individuals who are under the age of eighteen (18) at the time of nomination must have a parent or guardian’s consent. The following individuals are permitted to submit a nomination, but are not eligible to receive a prize or grant as part of this Program: Program judges (the “Judges”) and their relatives; officers, directors and employees of The KIND Foundation Inc. (“Foundation”), KIND Inc. and their respective parents, distributors, subsidiaries, affiliates, suppliers and advertising agencies; the immediate family members of, and persons living in the same household as, such officers, directors or employees; and the Foundation’s disqualified persons (as defined in Section 4946 of the Internal Revenue Code and Treasury Regulations thereunder).

Any person who is nominated to participate in the Program in accordance with these Official Terms and Conditions is a Nominee (“Nominee”). Upon acceptance of his or her nomination to the Program, each Nominee unconditionally accepts and agrees to comply with these Official Terms and Conditions and the decisions of the Foundation, which shall be final and binding in all respects.

Nomination: To submit a nomination for the Program visit kindsnacks.com/foundation and fill out the nomination form providing all required contact information for you and your Nominee. Nominations must be submitted online. Mail-in nominations will not be accepted. Nominations must be submitted in the name of an individual. Individuals may not nominate themselves. The submission of a nomination of an individual under the age of eighteen (18) at the time of the nomination must include a parent or guardian’s name and contact information to be considered. Nominations must be submitted in English. Some portion of the Nominee’s actions that serve as the basis for their nomination must have taken place after July 1, 2015 or be ongoing at the time of nomination. Nominations must be received no later than 11:59pm ET on March 31st, 2016. The Foundation’s database or computer clock will be the official timekeeper for all purposes of this Program. False or deceptive nominations will render a Nominee ineligible. All nomination materials become the property of the Foundation and will not be returned. The Foundation reserves the right to edit the nomination materials as it sees fit for use in publication or promotion. Nominations must be consistent with the description of a KIND Person (described below) and the Foundation’s charitable purposes. Any nomination that, in the Foundation’s sole and absolute discretion, violates the aforementioned criteria may be disqualified. Changes to the nomination cannot be made after the nomination has been submitted. Following a review of the nominations, the Foundation may determine that a Nominee should be eligible for a grant, rather than a prize, and in such cases will request a program proposal from the Nominee specifying how the funds awarded will be used for charitable purposes.

By submitting a nomination you agree to grant the Foundation the right without the obligation, unless prohibited by law, to use the contents of your nomination without compensation, for the purpose of advertising and publicizing all matters related to the Program and/or the Foundation in any medium, throughout the world in perpetuity.

Nominations may not:

  • Contain vulgar, offensive, obscene or indecent language, behavior or imagery;
  • Defame, libel or otherwise violate the rights of any third party;
  • Violate any federal, state or local laws or ordinances;
  • Be inappropriate, offensive, or disparaging as determined by the Foundation in its sole discretion.

Awards: The following are the awards that will be distributed to the award recipients (the “Recipients”). For each Recipient, the Foundation will determine in its sole discretion whether the award will be (a) a prize in recognition of past achievements or (b) a grant with conditions on future charitable use of award funds (prizes and grants are, together, the “Awards”). Each Recipient who is awarded a grant will enter into a grant agreement with the Foundation specifying the terms and conditions of the grant, including without limitation how the Award will be used and reporting requirements to the Foundation, which will apply to the grant in addition to these Official Terms and Conditions.

The Foundation will also determine the timing and amount of distribution of all Awards.

There will be a total of six (6) Recipients. Five (5) Recipients will receive One Hundred Thousand Dollars ($100,000.00). One (1) Recipient will receive Five Hundred Thousand Dollars ($500,000.00).

Judging: If more than one nomination is received for a particular eligible Nominee, the Judges may consider any of the accompanying nomination materials for that Nominee in its judging.

The following is an approximate timeline for review and Award distribution:

  • January 27, 2016 – March 31, 2016: Nomination Period
  • April 1 – June 30, 2016: Judges review nominations
  • July 1 – August 31, 2016: Foundation notifies Recipients, verifies nominations and eligibility
  • September 2016: Foundation publicly announces Recipients and distributes Awards

Judging Criteria: In determining the Recipients, Judges will use the following criteria, which describe the characteristics of a KIND Person (the “Criteria”).
  • Has the Nominee stepped outside his/her social circle or everyday routine to do something kind for an individual or community in need?
  • Has the Nominee made a tangible impact, either through a consistent commitment or a recent and extraordinary act of kindness or notable touch of humanity?
  • Do the Nominee’s efforts bring to the public’s attention an unmet need and a solution to that need?
  • Does the Nominee embody the value of Empathy (i.e., has demonstrated the ability to understand and share the feelings of another, and noticeably channeled that ability to connect and create community)?
  • Does the Nominee embody the value of Purpose (i.e., has discovered a way to add value to society and acted with sincerity and steadfastness, pursuing what he/she believes in)?
  • Does the Nominee embody the value of Authenticity (i.e., does good to do good, with no apparent ulterior motive; has not sought attention for good work)?
  • Does the Nominee’s story or mission have the potential to inspire others to take action in their own community and/or live a kinder life?
  • Does the Nominee’s proposed use of the Award further the Foundation’s purposes and core values? (All Nominees will be asked to describe the manner in which they would use the Award if they were to win, but only Recipients of grants will be required by the Foundation to use Award funds for a specific purpose [in such manner].)


Judging Mechanics:
There will be three rounds of judging of the Nominees.

  • The first round will require the Foundation’s team to evaluate all eligible nominations against the Criteria. Each Nominee will be numerically ranked based on the Criteria, with the twenty highest ranking Nominees eligible to move on to round two.
  • Round two will allow the Foundation’s team to perform phone screenings of the twenty highest scoring Nominees. The Foundation’s team will select up to fifteen Nominees to move onto round three, again scoring them on a numerical scale based upon the Criteria. Each Nominee must accept their nomination and consent to these Official Terms and Conditions, including agreeing to enter into a grant agreement in the event the Foundation determines that he or she will receive a grant rather than a prize, prior to moving onto round three.
  • During round three, the Foundation’s team will present the fifteen highest ranking Nominees from the previous round to the participating Judges. Six (6) Recipients will be chosen based on the Criteria. Five (5) will receive one (1) $100,000.00 Award, and one (1) will receive one (1) $500,000.00. All six (6) Recipients must be approved by the board of directors of the Foundation.

All Recipients are subject to verification by the Foundation and must meet all eligibility requirements including the execution and return of all necessary releases, or they may be disqualified. The decisions of the Judges will be final and binding, subject to the approval of the Board of Directors of the Foundation.


Notification and Publication:
Recipients may be notified by phone or email and may be required to submit additional information. At the sole discretion of the Foundation, Recipients may be asked to share their stories in a video series online or in other media as determined by the Foundation (“Awards Communications”) and/or attend a special awards celebration (“Awards Celebration”). The Foundation will reimburse Recipient for reasonable expenses related to such participation and travel. If at any point a Recipient becomes ineligible for the Program, chooses not to participate in the Awards Communications or Awards Celebration or is disqualified from the Program for any reason, the Foundation reserves the right to select an alternate Recipient.


Recipients may be required to sign grant documents, eligibility affidavits and liability release documents which may include but are not limited to affidavits verifying their eligibility to participate in the Program, Awards Communications or the Awards Celebration, liability releases, tax acknowledgment forms, grant agreements and, except where prohibited by law, use of name and likeness releases (“Release Documents”) and return such documents within ten (10) days of issuance. Execution of the Release Documents will grant the Foundation the right, unless prohibited by law, to use the Recipients’ names, images, voices, likenesses, and any of the material provided by them or about them without compensation, for the purpose of advertising and publicizing the services of the Foundation, all matters related to the Awards Communications or the Awards Celebration in any medium, throughout the world in perpetuity.


Taxes:
Each Recipient is responsible for the reporting and payment of all taxes in connection with his or her Award as well as any other costs and expenses associated with acceptance and use of an Award not specified herein. Recipients must properly complete and provide to the Foundation an Internal Revenue Service (IRS) Form W-9 or other applicable tax forms to receiving an Award. Please consult your tax advisor regarding the taxation of your Award since special rules may apply and personal situations may vary.


Miscellaneous:
The Foundation may, at any time, terminate, temporarily suspend or modify the Program including without limitation these Official Terms and Conditions with or without notice and without any further obligations. If any malfunction, error, disruption or similar damage occurs and impairs the administration, security, fairness, or integrity of the Program, the Foundation may, in its sole discretion, terminate, cancel, suspend, extend and/or modify the Program by posting a notice on kindsnacks.com/foundation.

Persons found tampering with or abusing any aspect of this Program will be disqualified from the Program and the nominations for such Nominees shall be void. The Foundation reserves the right to prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Terms and Conditions. ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE FOUNDATION RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW. The Foundation’s failure to enforce any term of these Official Terms and Conditions shall not constitute a waiver of that provision. The Foundation is not responsible for lost, late, misdirected, illegible, or damaged nominations.

Nominations that contain errors, or are incomplete or received after the end of the final Nomination Period, will not be accepted. Except as otherwise contemplated herein, information collected in connection with this Program will be used by the Foundation in accordance with the privacy the Foundation’s online privacy policy located at http://www.kindsnacks.com/privacy-policy.html.

By accepting his or her nomination, Nominee hereby irrevocably grants to the Foundation and its agents and designees the Nominee’s name, voice, likeness and appearance therein, in whole or in part, in any and all media now known or hereafter devised including without limitation on the Program website or on other websites not owned or operated by the Foundation throughout the universe in perpetuity for any purpose, including for the purpose of advertising this Program and/or other programs administered by the Foundation,and each Nominee irrevocably waives any and all so-called moral rights they may have therein.

LIMITATION OF LIABILITY & RELEASE: By accepting the nomination into the Program, each Nominee agrees to and hereby does release and hold harmless The Foundation, The Foundation’s parents, subsidiaries, affiliates, and agents, and the officers, directors and employees of the foregoing (collectively the “Program Entities”) from and against any and all liability, injuries, loss, claim, damages, or cause of action arising out of participation in the Program or receipt or use, misuse or possession of an Award, including, but not limited to: (i) human error or unauthorized human intervention in the Program; (ii) technical errors related to computers, servers, providers, or telephone or network lines; (iii) printing, typographical or other errors appearing in these Official Terms and Conditions, or in other Program related materials; (iv) lost, late, stolen, incomplete, garbled, delayed, undelivered, illegible, or misdirected nominations; (v) errors in the administration of the Program or the processing of nominations; or (vi) injury or damage to persons, including death, or property (including computers) which may be caused, directly or indirectly, in whole or in part, from Nominee’s participation in the Program or receipt, use or misuse of an Award or participation in any Program related activity. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, the Nominee agrees that, by accepting his or her Nomination into the Program, (i) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Program, but in no event attorney’s fees; and (ii) under no circumstances will any Nominee be permitted to obtain any award for, and Nominee hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses. Nominees hereby acknowledge that the Foundation has neither made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any Award.



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