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LEGAL RULES: The Green Side of Business Contest LEGAL RULES: The Green Side of Business Contest

LEGAL RULES: The Green Side of Business Contest

December 30, 2012

GOOD GREEN SIDE OF BUSINESS CONTEST

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. NO ENTRY FEE.

The GOOD Green Side of Business Contest (the “Contest”) is an online promotion which will award one (1) winning business: business consulting services and a $10,000 grant to help the business become more environmentally-friendly.  In order to participate in the Contest, Participants (defined below) must submit a submission form nominating their business (collectively, the “Application”) to GOOD Worldwide, LLC (“GOOD” or “Sponsor”) in accordance with the terms and conditions specified herein.

BY PARTICIPATING IN THE CONTEST, YOU AGREE TO GOOD’s TERMS AND PRIVACY POLICY, AVAILABLE AT WWW.GOOD.IS (THE “SITE”) AND YOU UNDERSTAND AND AGREE THAT YOUR APPLICATION AND THE PERSONAL INFORMATION COLLECTED FROM YOU IN CONNECTION WITH THE Contest WILL BE SHARED WITH GOOD and UNITED PARCEL SERVICE, INC. (“UPS) AND THAT YOU Or THE company MAY BE CONTACTED BY THE GOOD OR UPS IN CONNECTION WITH THE contest. PARTICIPATION IN THE Contest CONSTITUTES PARTICIPANT’S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE OFFICIAL RULES AND REGULATIONS (“OFFICIAL RULES”).

1.Eligibility.  The Contest is open to businesses located in the United States, excluding Puerto Rico (each a “Qualified Business Entrant”).NO ONE MAY ENTER IN HIS OR HER INDIVIDUAL CAPACITY. The prize will be awarded to the winning Qualified Business Entrant. One (1) authorized owner or employee(a “Participant”) of a Qualified Business Entrant may submit a nomination on behalf of the Qualified Business Entrant. To be eligible to submit a nomination on behalf of a Qualified Business Entrant, the Participants must have obtained permission from his or her employer to participate in this Contest.  Participants must be 18 years of age or older at the start of the Contest Period (defined below).  By submitting a nomination, each Participant hereby represents that he/she is authorized to submit a nomination on behalf of the Qualified Business Entrant. Sponsor reserves the right to disqualify a Qualified Business Entrant if an individual has improperly entered the Contest on such Qualified Business Entrant's behalf.  Employees of GOOD, UPS and their respective parent companies, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, (collectively the “Contest Entities”) and their respective immediate family members and persons living in their same household whether related or not, are not eligible to participate in the Contest.

2.Contest Period.  The opportunity to participate in the Contest begins at 12:00 AM PT on November 15, 2011 (the first date/time you can submit an Application) and ends at 11:59 PM PT on December 6, 2011 (the last time you can submit an Application) (the “Contest Period”).  

3.Prizes.   The prize to be awarded to the winning Qualified Business Entrant is consulting services from an agency that specializes in “greening” businesses, a one-hour phone consultation with a UPS representative, and a $10,000 grant to help the winner make their business more sustainable and/or environmentally-friendly, as outlined in the winner’s original contest entry. The total approximate retail value (“ARV”) of the prize is $12,500. The potential winning Qualified Business Entrant (subject to terms and condition herein) of the Prize (the “Winner”) will be announced by GOOD on December 8, 2011 on the Site. The Winners will also be notified via email by December 7, 2011 and will be required to respond to this notification within three (3) days or prize may (at GOOD’s sole discretion) be forfeited and awarded to an alternate.

4. How Submit an Application.  During the Contest Period, a Participant may go to the Site and follow the directions to submit an Application.  The Application must answer each required section of the online form. The Application must (i) be submitted through the Site by the end of the Contest Period; and (ii) comply with these Official Rules. Limit one entry per Qualified Business Entrant.

All Applications may be reviewed for compliance with these Official Rules; however, such review does not relieve Participant from responsibility for compliance with these Official Rules, and Participant will have sole liability for all third party claims relating to or regarding the content of the Application. Participants and Applications that do not comply with these Official Rules or that otherwise contain prohibited or inappropriate content as determined by GOOD in its sole and absolute discretion may be disqualified at any time.

Receipt of an Application will not be acknowledged, and proof of submission of an Application will not be deemed proof of receipt.  Any automated computer receipt (such as a “thanks for entering” message) does not constitute proof of actual receipt by Sponsor. Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the operation of the website or the entry process.

5. Application Content Guidelines.

Applications MUST:

·       be in English;

·       address all of the required fields in the online form located at: 

http://goodforms.submishmash.com/ups/.

Applications MUST NOT:

  • suggest legalization of any illegal drugs/activity, prostitution or pornography or other illegal activities or goods;
  • challenge, lobby for or seek to change current laws, enact any new laws or overthrow of any government;
  • be inconsistent with these Official Rules;
  • suggest or encourage the taking up of arms against any person, government or entity;
  • discriminate against, disparage or denigrate on the basis of race; ancestry; place of origin; color; ethnic origin; citizenship; creed; sex; sexual orientation; age; record of offences; marital status; family status; physical or mental disability, language, or any other ground prohibited by local legislation;
  • disparage or denigrate a product, service, person, company or organization including, but not limited to the Contest Entities;
  • encourage the cessation of or act to negatively impact a business or enterprise;
  • promote alcohol, illegal drugs or activity, tobacco, firearms/weapons, prostitution or pornography;
  • contain any profanities, be overtly sexual, suggest an intent to abuse or contain suggestions of violence;
  • involve religious advocacy, proselytizing – acts and intentions to advance a religious denomination or expand membership or encourage conversion;
  • involve political advocacy – acts and intentions to advance a particular political party, candidate or to support lobbying for any particular party, candidate and/or cause, or to expand membership or to encourage membership for a particular political party, candidate or lobbying effort;
  • violate the trademark, copyright, patents or any other intellectual property right of another party;
  • feature any third party commercial products and/or company trademarks, logos, brands or endorsements (including but not limited to third party logos on street scenes, panoramic views, vehicle license plates, clothing such as t‑shirts, hats).  An Application may contain the name and trademark of an organization to be benefited by the Prize, provided prior permission has been obtained;
  • use individuals’ names in whole or in part, without permission; or
  • contain materials embodying the names, likenesses, photographs, or other identifying elements of any person, living or dead without permission.

Applications must: (i) be original, of Participant’s own creation, (ii) not have been entered in any other promotion, including other promotions conducted by GOOD or UPS, and (iii) not violate the intellectual property or proprietary rights of other parties.

Once submitted, an Application will not be returned.  GOOD may, in its sole and absolute discretion, reject, refuse, remove, delete and/or disqualify or disallow any Application that GOOD, in its sole and absolute discretion, deems inappropriate or otherwise non-compliant with these Official Rules.  If GOOD, at any time during the Contest Period, receives a complaint (including but not limited to a cease and desist letter, general letter of complaint, etc.) alleging intellectual property infringement in a Participant’s Application, GOOD, in its sole and absolute discretion, reserves the right to remove such Application from the Site and disqualify the Application without prior notice to Participant.

 6. Winner Selection.  After the Contest Period, a panel of judges made up of employees of GOOD (the “Judges”) will evaluate and judge each Application and select one (1) winner based on the following judging criteria:

·       Potential results to be realized (25%)

·       Details of plan submitted (25%)

·       General appeal of story to GOOD audience (50%)

GOOD, in its sole discretion, will make the final determination as to which Qualified Business Entrant will receive the Prize.  GOOD is under no obligation to review or consider the similarity of other Applications in determining the winning Application.  GOOD’s decisions, in their sole and absolute discretion, are final and binding in all matters relating to the Contest. In the event of a tie, the potential winner will be selected after the tied entries are re-evaluated by the judging panel for determination based on the judging criteria.

The potential Winner will be required to complete a winner agreement (“Winner Agreement”) prior to being declared an official Winner.  No substitution of a Prize is offered, except at the sole and absolute discretion of GOOD.  The Prize is non-transferable or redeemable for cash.  GOOD is not responsible for a lost or stolen Prize.

7. Taxes.  There may be some tax implications for the Winner.  GOOD recommends that Participants review their Application with their legal/tax advisor to determine their potential tax liability, if any, in connection with receiving a Prize as part of this Contest.  If there is any tax liability, it will be the sole responsibility of the Winner.

8. Grant of Rights to GOOD. Submission of an Application constitutes Participant’s certification that the Application is Participant’s own original work and Participant represents and warrants that the Application does not and will not infringe the intellectual property or proprietary rights of any third party, including, without limitation, any third party patents, copyrights or trademarks. By submitting an Application, Participant hereby grants GOOD and UPS and their successors and assigns an irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) and transferable license to use, copy, transmit or otherwise distribute, perform, modify, create derivative works based upon, incorporate into other works, publicly perform and display the Application or any portion thereof, in or through any medium, whether now known or hereafter created.   Nothing herein will constitute an employment, joint venture, or partnership relationship between entrant and GOOD and/or UPS.  Participant also irrevocably grants GOOD and UPS, where not prohibited by law, an irrevocable, perpetual, worldwide, royalty-free license to the right to use Participant’s name, voice, likeness and biographical material, in any merchandising, advertising, marketing, promotion or any other commercial or non-commercial purpose related to the Application and/or Contest or in any other way GOOD or UPS deems appropriate.   Participant acknowledges that they have no right of approval or consultation with respect to GOOD or UPS’s use of the Application. 

APPLICATIONS POSTED TO THE SITE ARE NOT EDITED BY GOOD OR UPS AND ARE THE VIEWS/OPINIONS OF THE RESPECTIVE PARTICIPANT AND DO NOT REFLECT THE VIEWS OF GOOD OR UPS IN ANY MANNER.  Any waiver of any obligation hereunder by GOOD does not constitute a general waiver of any obligation in favor of Participants. 

9. Winner Agreement. The form and substance of the Winner Agreement will be determined by GOOD, in its sole and absolute discretion, and will require that the Winner certify that his or her Application is in compliance with all applicable laws and regulations. 

Upon email notification that they are the Winner, the winning Participant will provide GOOD with his or her address and any other information requested within three (3) days of receipt.  The Winner will complete, execute and return the Winner Agreement within fourteen (14) days of receipt.  The Winner Agreement will be mailed to the address provided by the Participant upon email notification that they are the Winner.  If the Winner Agreement and any required documents are not returned within the required period, or if any mail is returned to GOOD as undeliverable mail without a forwarding address, or if Winner does not respond to the email notification in a timely period (as determined by GOOD), the Prize may be forfeited in GOOD's sole and absolute discretion, and GOOD will not have any further responsibility to Participant in connection with this Contest. 

If the Winner is unwilling or unable to execute the Prize Agreement, GOOD will void the Winner’s eligibility as a Winner, and GOOD will not have any further obligation to the Winner or to otherwise award the Prize.  If the Winner is unwilling or unable to provide the items set forth in the Winner Agreement, the Prize will be not provided to the Winner and GOOD will not have any further obligation to the Winner. 

10. General Conditions.  In the event of a dispute regarding who submitted an Application, the Application will be deemed submitted by the authorized account holder of the e-mail account specified in the Application.  “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.   It is the sole responsibility of the Participant to notify GOOD in writing if the Participant changes his or her e-mail or postal address during the Contest Period. 

By entering the Contest, you agree to be bound by these Official Rules. The Contest is offered by GOOD, which is not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable Applications, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of Applications; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.

By entering the Contest, You further agree to release, indemnify, defend and hold GOOD, UPS, and their respective parent companies, affiliates, subsidiaries, directors, officers, employees, shareholders, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Contest, harmless, from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in this Contest or acceptance or use of a Prize or parts thereof, including, without limitation, (i) any condition caused by events beyond Good’s control that may cause the Contest to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the Prize, or acceptance, possession, or use of the Prize, or from participation in the Contest; and (iii) any printing or typographical errors in any materials associated with the Contest. Winners agree to be bound by these Official Rules, and GOOD’s decisions in all respects relative to the Contest are final.

In no event will CONTEST ENTITIES be liable to you for any direct, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with your participation in the CONTEST, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not GOOD HAS been advised of the possibility of such loss or damage. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

All Applications become property of GOOD and none will be acknowledged or returned. Allow 2-4 weeks for delivery of the Prize.

GOOD reserves the right, in its sole discretion, to cancel, modify or suspend the Contest in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Contest are compromised, without liability to the Participant. GOOD reserves the right to disqualify any Participant or Winner, as determined by GOOD, in its sole discretion. The Contest is subject to these Official Rules and all applicable federal, state, provincial and local laws and regulations apply. As stated above, the Contest is void where prohibited or restricted by law. By participating in this Contest, you acknowledge that you have read these Official Rules and agree to abide by them and by the decisions of GOOD, which are final and binding on all matters pertaining to the Contest. These Official Rules are governed by the law of the State of California, excluding rules governing choice of laws.   Any action, suit or case arising out of, or in connection with, this Contest or these Official Rules must be brought in either the federal or state courts located in Los Angeles County, California.

11.  WINNERS LIST/OFFICIAL RULES:  For the name of the winner, send a self-addressed stamped envelope to GOOD and indicate which contest results you are requesting.

12. SPONSOR: GOOD, 915 N. Citrus Ave., Los Angeles, CA  90038.

UPS is only providing promotional support to this Contest and is not a sponsor of this Contest. 

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