The World Needs More Kind Contest Official Terms and Conditions
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE OR LOCATED OUTSIDE OF THE UNITED STATES AT THE TIME OF ENTRY.
KIND is challenging universally-held beliefs about being “nice” through the launch of a campaign that asserts kindness as a solution to current societal challenges. The company invites Americans to consider the difference between being nice and being kind, and act accordingly.
The World Needs More Kind Contest (the “Contest”) is designed to further this objective. This program will celebrate and support, by awarding monetary prizes and grants, creative interpretations of the difference between being nice and being kind to help spark a national conversation. The Contest consists of a Video, Photograph, and Essay portion, each with separate judging pools.
Eligibility: In order to be eligible for the Contest, individuals must be legal residents of one of the 50 states of the United States or the District of Columbia and must be eighteen (18) years of age or older. Officers, directors and employees of the KIND Management Inc. (“Sponsor”) and its respective parents, subsidiaries, and affiliates, and the immediate family members of, and persons living in the same household as, such officers, directors or employees; and Contest judges (the “Judges”) and their relatives also are not eligible to enter to the Contest.
Any eligible person who submits an Entry in accordance with these Official Rules is an Entrant (“Entrant, and each such entry, an “Entry”). Upon submitting an Entry to the Contest, each Entrant unconditionally accepts and agrees to comply with these Official Terms and Conditions and the decisions of Sponsor, which shall be final and binding in all respects.
Sponsor: KIND Management Inc., 1372 Broadway, New York, NY 10018.
Contest Entry Period: This Contest starts on November 13th, 2017 at 3:00 PM ET and ends on January 31st, 2018 at 11:59:59 pm ET (“Entry Period”). All Entries must be submitted by the Contest end date and time to be eligible.
Submission: To enter the Contest, during the Contest Entry Period, create an original video (“Video”), photograph (“Photograph”), and/or essay (“Essay”) about the difference between nice and kind. Then, visit kindsnacks.com/morekind (“Website”) and fill out the Contest form providing all required contact information and entry materials, including your Video, Photograph, or Essay as further described below along with the name of a bona fide charitable organization* based in the United States that is recognized by the U.S. Internal Revenue Service (the “IRS”) as tax-exempt within the meaning of Section 501(c)(3) of the U.S. Internal Revenue Code (the “Materials”) to receive one (1) entry into the corresponding entry pool. For clarity, individuals submitting a Video will only receive an entry into the Video judging pool, individuals submitting a Photograph will only receive an entry into the Photograph pool, and individuals submitting an Essay will only receive an entry into the Essay pool. Entries must be received no later than 11:59pm ET on January 31st, 2018. The Sponsor’s database or computer clock will be the official timekeeper for all purposes of this Contest. False or deceptive entries will render an Entrant ineligible. All entries must consist of wholly original works.
All Entries and corresponding Materials and Content must abide by all criteria set forth herein to be valid. As used herein, “Content” refers to all content you submit in connection with the Contest and such Entry (including, but not limited to, any pictures, images, videos, essays, photographs, descriptions, writings, explanations, hashtags, tag names, and all other content, etc.). Although there is no limit on the number of Entries an entrant may submit, each Entry must be unique.
Videos: If you wish to submit a Video in connection with this Contest, create an original Video about what you believe is the difference between nice and kind, noting the judging criteria below. Then, upload your Video to YouTube along with #ContestEntry. Finally, in your submission entry on the Website, provide the YoutTube URL to your Video to receive one (1) entry into the Video portion of the Contest.
1. Videos must be four minutes in length or less.
2. Video entries must demonstrate the difference between nice and kind.
Essays: If you wish to submit an Essay in connection with this Contest, write an original Essay about what you believe is the difference between nice and kind, noting the judging criteria below. Then, submit your Essay along with the submission entry form on the Website to receive one (1) entry into the Essay portion of the Contest.
1. Essays must not be previously published
2. Essays must 750 words or less
3. Essays must answer the question “what is the difference between nice and kind?”
Photographs: If you wish to submit a Photograph in connection with this Contest, create/take an original Photograph that demonstrates what you believe is the difference between nice and kind, noting the judging criteria below. Then, post your Photograph on your Instagram account using #moreKIND and #ContestEntry and tag @KINDSnacks. Finally, in your submission entry on the Website, provide the Instagram URL to your Photograph to receive one (1) entry into the Photograph portion of the Contest.
Photographs that do not have the required hashtags and tags may be disqualified, in Sponsor’s sole discretion. Any Entry or Content that, in Sponsor’s sole and absolute discretion, violates the aforementioned criteria may be disqualified, in Sponsor’s sole discretion. Changes to the Entry and Content cannot be made after the Entry has been submitted.
Entrants represent and warrant that their Content is the original work of such entrant, it has not been copied from others, it has not previously won awards, it does not violate the rights of any other person or entity, and publication of the Content via various media including Web posting will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless Released Parties (defined below) from any claims to the contrary. Any entrant whose Content includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Content, in a form satisfactory to Sponsor, upon request, prior to award of prize and/or naming of entrant as a Finalist.
By submitting Content, you agree that your Content is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to use or otherwise disclose the ideas contained in the Content on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Content, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY AND CONTENT MAY BE POSTED ON SPONSOR’S WEBSITE OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN SPONSOR’S DISCRETION. Submission of Content grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the Content in any way, in any and all media, without limitation, and without consideration to the entrant.
All Content/Entries submitted by you must conform to the additional submission requirements set forth herein (all as determined by Sponsor in its sole discretion):
- Content must comply with these Official Rules and any Terms of Service on the Website (if any);
- Content uploaded through the Website must be in digital format (other than Essays) and must comply with the posting requirements set forth above and as posted on the Website;
- Content cannot contain vulgar, offensive, obscene or indecent language, behavior or imagery, and cannot endorse any form of hate or hate group;
- Content cannot defame, be inappropriate, misrepresent or contain offensive or disparaging remarks about Sponsor or its products, or other people, products or companies ;
- Content cannot contain or otherwise violate any federal, state, provincial, or local laws or ordinances;
- Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
- Content cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Content cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- Content cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission; Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant (except copyrighted materials owned by Sponsor) is grounds for disqualification from the Contest. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your Content and grant the rights herein granted to Sponsor;
- No background artwork should appear in a Content unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in Content must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein;
- Content cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; and
- Content cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Contest submission requirements set forth herein in its reasonable discretion.
CONTENT POSTED TO ANY CONTEST OR CORRELATED WEBSITE IS NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Contest Period, to request that any entrant resubmit his or her Content which fails to comply with the Contest entry requirements prior to any judging period.
Prizes: The following are the prizes (the “Prizes) that will be distributed to the contest winners (the “Winners”).
There will be a total of three (3) winners (as selected as set forth below), one (1) winner in each of three creative categories.
Video Grand Prize (1): The Video Winner will receive a ten thousand dollar ($10,000 USD) check made payable to the winner ; a camera (ARV $1,999.00 USD); and a twenty-five thousand dollar ($25,000 USD) donation made by Sponsor to a bona fide charitable organization* based in the United States that is recognized by the U.S. Internal Revenue Service (the “IRS”) as tax-exempt within the meaning of Section 501(c)(3) of the U.S. Internal Revenue Code, as amended.
Essay Grand Prize (1): The Essay Winner will receive a ten thousand dollar ($10,000 USD) check made payable to the winner; a laptop computer (ARV $1,799.00 USD); and a twenty-five thousand dollar ($25,000 USD) donation made by Sponsor to a bona fide charitable organization* based in the United States that is recognized by the U.S. Internal Revenue Service (the “IRS”) as tax-exempt within the meaning of Section 501(c)(3) of the U.S. Internal Revenue Code, as amended.
Photography Grand Prize (1): The Photography Winner will receive a ten thousand dollar ($10,000 USD) check made payable to the winner; a camera (ARV $1,999.00 USD); and a twenty-five thousand dollar ($25,000 USD) donation made by Sponsor to a bona fide charitable organization* based in the United States that is recognized by the U.S. Internal Revenue Service (the “IRS”) as tax-exempt within the meaning of Section 501(c)(3) of the U.S. Internal Revenue Code, as amended.
All prize details not contained herein, including without limitation, the brand, size, color, version, etc. shall be determined by Sponsor in its sole discretion. ARVs and currency conversions are as of November 10th, 2017. The difference in value of prize as stated herein and value at time of prize notification, if any, will not be awarded. Limit: one (1) prize per person/household. Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value.
*Sponsor will not make the donation to a charitable organization which: (i) practices or encourages discrimination by race, creed, color, sex, sexual orientation, age, disability or national origin; (ii) serves only their own memberships (such as those types of fraternal organizations, pageants, labor organizations or religious groups that do not provide services to persons who are not members (or relatives) of a particular group); (iii) is affiliated with political parties or political candidates, that produce political publications or political advertising; or (iv) whose stated charitable purpose or actions Sponsor finds objectionable, offensive, or otherwise antithetical to its values or social mission, all as determined by Sponsor in its sole discretion. If the named charitable organization fails to meet the aforementioned requirements, Sponsor will request in its sole discretion that Entrant re-submit Materials with a different named charitable organization or may select the charity in its sole discretion.
Prize winners will be solely responsible for all federal, state, provincial, and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, is used. Please allow 4-6 weeks for shipment of prize after confirmation.
Judging: A panel Judges will review each Entry and its Content for each of the three Contest pools (Videos, Photographs, and Essays) and award one (1) Prize in each of the Contest pools.
The following is an approximate timeline for review and Prize distribution:
- November 13th, 2017– January 31st, 2018: Entry Period
- January 31st – February 14th, 2018: Judges review entries
- February 14th, 2018: Sponsor notifies Winners, verifies nominations and eligibility
- February 28th, 2018: Sponsor publicly announces Winners and distributes Prizes
Judging Criteria: In determining the Winners, Judges will use the following equally-weighted criteria for all three Contest pools (the “Criteria”).
- Does the Entrant’s creative work bring to the public’s attention the difference between what it means to be nice and what it means to be kind?
- Does the Entrant’s creative work embody and/or showcase the value of empathy (i.e., demonstrates the ability to understand and share the feelings of another, and noticeably channel that ability to connect and create community?)
- Does the Entrant’s creative work have the potential to inspire others to take action in their own community and/or live a kinder life?
Judging Mechanics: There will be three rounds of judging of the Entrants for each Contest pool (for clarity, each of the below rounds will apply to the Video Entries, the Photograph Entries, and the Essay Entries).
- The first round will require the Sponsor’s team to evaluate all eligible nominations from each Contest pool against the Criteria. Each Entrant in each category pool will be numerically ranked based on the Criteria, with the fifteen highest ranking Entrants in each category pool eligible to move on to round two for such pool. In the event of a tie, Sponsor’s team will vote on the tied Entrants, and the Entrant receiving the most votes based on the Criteria will move on to round two.
- During round two, the Sponsor’s team will present the fifteen highest ranking Entrants from each category pool and their Entry/Content to the participating Judges. The Judges will review each of the semi-finalist’s Entries and Content based on the equally-weighted Criteria. The one semi-finalist from each category pool with the highest scores based on the Criteria will be the Winners, subject to verification. In the event of a tie in any category, the Judges and Sponsor’s team will vote on the tied Entrants based on the Criteria, and the Entrant from that category receiving the most votes will be the Winner for that category.
All Winners are subject to verification by Sponsor and must meet all eligibility requirements including the execution and return of all necessary releases and licenses (as set forth below), or they may be disqualified. The decisions of the Judges will be final and binding.
Notification and Publication: Winners may be notified by phone or email and may be required to submit additional information. If at any point a Winner becomes ineligible for the Contest, if a potential Winner is found not to in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if a winner cannot be verified, or if a winner is otherwise unable or unwilling to accept and claim the prize as stated, then the Winner may be disqualified from the Contest and the prize (if any) shall be forfeited. In such situation, the Sponsor reserves the right to select an alternate Winner. Any Winners from the United States may receive IRS Form 1099 for the ARV of prize.
Winners may be required to sign eligibility affidavits and liability release documents which may include but are not limited to affidavits verifying their eligibility to participate in the Contest, liability releases, tax acknowledgment forms, 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 Sponsor the right, unless prohibited by law, to use the Winners’ 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 products and services of Sponsor throughout the world in perpetuity.
Taxes: Each Recipient is responsible for the reporting and payment of all taxes in connection with his or her Prize as well as any other costs and expenses associated with acceptance and use of a Prize not specified herein. Winners must properly complete and provide to the Sponsor an Internal Revenue Service (IRS) Form W-9 or other applicable tax forms prior to receiving a Prize. Please consult your tax advisor regarding the taxation of your Prize since special rules may apply and personal situations may vary.
Miscellaneous: The Sponsor may, at any time, terminate, temporarily suspend or modify the Contest 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 Contest, the Sponsor may, in its sole discretion, terminate, cancel, suspend, extend and/or modify the Contest by posting a notice on kindsnacks.com/morekind.
Persons found tampering with or abusing any aspect of this Contest will be disqualified from the Contest and the entries for such Entrants shall be void. The Sponsor 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 CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW. The Sponsor’s failure to enforce any term of these Official Terms and Conditions shall not constitute a waiver of that provision. The Sponsor is not responsible for lost, late, misdirected, illegible, or damaged entries.
By entering this Contest, Entrant hereby irrevocably grants to the Sponsor and its agents and designees the Entrant’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 Contest website or on other websites not owned or operated by the Sponsor throughout the universe in perpetuity for any purpose, including for the purpose of advertising this Contest and/or other Contests administered by the Sponsor, and each Entrant irrevocably waives any and all so-called moral rights they may have therein.
By entering this Contest, Entrant agrees to defend, indemnify, and hold harmless the Sponsor, Instagram, YouTube, and each of their respective subsidiaries, affiliates, suppliers, distributors, and advertising/promotion agencies, and each of their respective parent companies and each such company’s officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to (i) Entrant’s breach of these Official Rules, (ii) Entrant’s failure to obtain the appropriate licenses and consents for use of the Materials, or (iii) infringement or the alleged infringement of a third party’s intellectual property rights, rights of privacy, or rights of publicity.
LIMITATION OF LIABILITY & RELEASE: By entering into the Contest, each Entrant agrees to and hereby does release and hold harmless Sponsor, Sponsor’s parents, subsidiaries, affiliates, and agents, and the officers, directors and employees of the foregoing (collectively the “Contest Entities”) from and against any and all liability, injuries, loss, claim, damages, or cause of action arising out of participation in the Contest or receipt or use, misuse or possession of a Prize, including, but not limited to: (i) human error or unauthorized human intervention in the Contest; (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 Contest related materials; (iv) lost, late, stolen, incomplete, garbled, delayed, undelivered, illegible, or misdirected entries; (v) errors in the administration of the Contest or the processing of entries; 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 Entrant’s participation in the Contest or receipt, use or misuse of an Prize or participation in any Contest 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 Entrant agrees that, by entering into the Contest, (i) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney’s fees; and (ii) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant 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. Entrants hereby acknowledge that the Sponsor 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 Prize.
Binding Arbitration: Any controversy or claim arising out of or relating to this Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND (2) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY SET FORTH ABOVE, SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.
Governing Law & Jurisdiction: This Contest and its Official Rules are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth above and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York.
Winner’s List: For a list of winners, mail a self-addressed, stamped envelope to: Kind Management Inc., Attention: Integrated Communications Department, PO Box 705 Midtown Station, New York, NY 10018. Requests must be received by March 28th, 2017.