The Organic Moment Story Submission Terms
Sponsor. The Organic Moment Stories (the “Stories”) are sponsored by Stonyfield Farm, Inc., 10 Burton Drive, Londonderry, NH (“Sponsor”).
Eligibility. Sponsor invites legal residents of the United States (excluding Puerto Rico and all other U.S. territories and possessions outside of the United States and where otherwise prohibited by law) who are 18 years of age or older at the time they enter their Story (or in the case of legal residents of jurisdictions where the age of majority is greater than 18 years of age, such age of majority under the laws of the jurisdiction in which they reside at the time of entry), who have access to the Internet. If submitting a Story by submitting a link to a video on YouTube located at www.youtube.com , you must be a YouTube registered user (“Registered User”) to be able to submit your Story. Subject to all federal, state and local laws and regulations.
Application of Rules. By submitting your Story, you warrant that you have read and agree to abide and be bound by these Terms and that you are not prohibited from participating. You agree that Sponsor shall retain full authority, in its sole discretion, to interpret and administer these Terms, and to be bound by all decisions and interpretations made in good faith by Sponsor, which are final and binding in all respects.
How to Enter your Story. To enter, visit the website, www.yourorganicmoment.com. Navigate to the entry page, (i) complete the entry form, including your full name, phone number, e-mail address, state of legal residence; (ii) confirm that you are 18 years of age or older at the time of entry (or in the case you reside in a jurisdiction where the age of majority is greater than 18 years of age such age of majority under the laws of that jurisdiction; and (iii) enter text, upload a photo, and/or provide the link to a video on YouTube that is on the subject of: Why you choose to eat organic and that complies with the text, photo or video requirements set forth in these Terms. You acknowledge and agree that your respective entry become the property of Sponsor and will not be returned.
If there is a dispute over the identity of a participant, the entry will be deemed submitted by the Authorized Account Holder regardless of the individual that submitted the entry. "Authorized Account Holder" is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, educational, institution, etc.) responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Text. You may enter your Story by answering the question on the entry form: Why you choose to eat organic? via a textual reply. The text comprising the answer to that question must be typed in the space provided in the entry form and cannot exceed 15,000 characters. The text must be on the topic of why you choose to eat organic and must be your own original creation. Modifying, enhancing or altering a third party's preexisting work does not qualify as an original creation. You must have all of the rights and authority necessary to submit your text submission with your entry, including without limitation the right to publish such entry and to grant the rights granted hereunder.
Photo and Video. You may enter your Story by answering the question: Why you choose to eat organic? via a photograph or video depicting your answer. A short caption may be included in the entry form describing the photo or video. The photo or video must be on the topic of why you choose to eat organic and must be must be your own original creation. Modifying, enhancing or altering a third party's preexisting work does not qualify as an original creation. You must be the owner of the photo or video submitted with the entry, including the copyright therein, or must have all of the rights and authority necessary to submit it with your Story, including without limitation the right to publish the photo or video and to grant the rights granted hereunder.
The entry photo or video may not include any property names or physically identify a property by photographing or filming their front sign or any other unique identifying feature or distinguishable architecture. Nor should the entry photo or video contain any nudity.
Any people appearing in the photo or video must have given the you consent to appear in the photo or video and to publish the photo or video. The only minor children permitted to appear in the photo or video your children. BY SUBMITTING A PHOTO OR VIDEO WITH YOUR ENTRY IN WHICH MINOR CHILDREN APPEAR, YOU CERTIFIES THAT YOU HAVE THE RIGHT TO CONTRACT IN YOUR OWN NAME AND FOR THE MINOR CHILD/CHILDREN APPEARING ON THE PHOTO OR VIDEO SUBMITTED AS PART OF THE ENTRY. SPECIFICALLY, YOU REPRESENT AND WARRANT THAT YOU ARE A CUSTODIAL PARENT OR LEGAL GUARDIAN OF SUCH CHILD/CHILDREN AND HAVE THE LEGAL RIGHT TO CONSENT TO AND DOES HEREBY CONSENT TO THE USE OF THE PHOTO OR VIDEO AS DESCRIBED IN THESE TERMS.
Photos must be submitted in one of the following electronic file formats: .gif, .jpg or jpeg during the entry process by uploading the photo as directed on the entry form. The file submitted to Sponsor must not contain any protection feature designed to prevent its use, or any computer virus or other similar programs. Photos cannot exceed a file size of 5 MB.
Videos must be submitted by uploading the video to your own YouTube account in compliance with any and all terms and conditions applicable to such account and then providing the link to such video during the entry process as directed on the entry form. You must be the Registered User of the YouTube account through which the video is submitted. The maximum length of the video cannot be greater than 5 minutes.
Text/Photo/Video. The text, photo or video may not contain any disparaging comments about other brands, companies, or people. You understand and acknowledge that the text, photo or video may receive exposure on the Internet, including on www.stonyfield.com , www.yourorganicmoment.com , www.facebook.com/stonyfieldfarm , www.facebook.com/yobabyyogurt , www.facebook.com/oikos , www.twitter.com/stonyfield , www.stonyfield.com/blog , and may be subjected to comments from the public at large. Sponsor is not responsible for any remarks, including any critical or derogatory remarks, posted by the public pertaining to you or your text entry, photo or video.
The text, photo or video submitted must be in keeping with the Sponsor's positive image and may not be offensive or inappropriate, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity or privacy rights of any person, living or deceased, or entity, or otherwise infringe upon any person’s or entity's personal, intellectual property or property rights or any other third party rights. Textual entries, photos and videos must be suitable for publication on a web site accessible to the general public. Sponsor reserves the right, in its sole discretion, to remove any entries that it determines, in its sole discretion, contain inappropriate content or content that may be deem obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or unlawful, including, without limitation, obscenities, threats, violence, unsafe behavior or situations, or disparagement of any product, service or person. Sponsor reserves the right to remove at any time for any reason a text, photo or video entry from the website and/or Sponsor’s Facebook or Twitter sites.
In addition to complying with the foregoing requirements, to be eligible, you must also be able to make the warranties and representations regarding the text, photo, or video submitted with your entry, set forth in the Warranties and Representations section below.
Warranties and Representations. By submitting an entry, including the text, photo or video submitted with it, you warrant and represent to Sponsor that (a) the information contained in the entry is true and correct in all material respects and that Sponsor may rely on such information in its efforts to comply with applicable laws and regulations; (b) if a minor child appears in the photo or video submitted with the entry, if any, you are the custodial parent or legal guardian of the child appearing in the photo or video submitted as part of the entry; (c) you have all of the rights and authority necessary to submit the text, photo or video for entry in compliance with these Terms, including the right to contract in your own name and, if applicable, for the child, the right to publish the text, photo or video, and the right to grant the rights granted hereunder; (d) that the text, photo or video and the above-mentioned rights are in all respect free and clear of any claims or rights of third parties; (e) that the text, photo or video is your original work; (f) that at the time of submitting the entry or any time thereafter, the entry does not contravene any contractual, legal or other obligation; (g) that at the time of submitting the entry or any time thereafter, the entry does not infringe the intellectual property rights of any third party including, but not limited to, any rights associated with any music contained in the video, if any, submitted with the entry; (h) you have the relevant permissions, where required, to use any third party intellectual property and images or likeness of any person contained in the photo or video submitted with the entry, if any; (i) in producing any photo or video submitted with the entry, if any, you complied with all relevant laws, rules and regulations; (j) that the text, photo or video contains no matter contrary to law; and (k) that you haves not made any commitment for the use or publication of the text, photo or video.
BY SUBMITTING AN ENTRY, YOU CONSENT TO THE POSTING OF THE TEXT, PHOTO OR VIDEO ON THE WEB SITE LOCATED AT www.stonyfield.com AND www.yourorganicmoment.com AND SPONSOR’S FACEBOOK AND TWITTER SITES LOCATED AT www.facebook.com/stonyfieldfarm , www.facebook.com/yobabyyogurt , www.facebook.com/oikos , www.twitter.com/stonyfield , and www.stonyfield.com/blog ), ALONG WITH YOUR FIRST NAME, STATE OF LEGAL RESIDENCE, AND STORY TITLE (IF INCLUDED IN ENTRY), ALL OF WHICH WILL BE AVAILABLE TO AND MAY BE VIEWED BY THE PUBLIC AT LARGE.
Release of Liability. By entering your Story, you, for yourself and on behalf of your child/children, if any, appearing on the photo or video, agrees that Sponsor, and its parent, subsidiaries and affiliated companies, their respective successors and assigns, and any and all of their respective officers, directors, shareholders, employees, agents, representatives, licensees and advertising and promotion agencies, shall not be liable for, and you hereby forever and irrevocably release and discharge same of, any personal injury, death, loss or damage of any kind or any other causes of action or claims related to the text, photo or video submitted with your entry, including, without limitation, any claims based on publicity rights, defamation or invasion of privacy.
Indemnification. You agree to indemnify and hold harmless Sponsor and its parent, subsidiaries and affiliated companies, their successors or assigns, and any and all of their respective officers, directors, shareholders, employees, agents, representatives and licensees, from and against any loss, damage or expense (including court costs and attorneys’ fees) that they may suffer or incur as a result of or in conjunction or connection with the use of the text, photo or video submitted with your entry and/or any breach or alleged breach of any warranty or representation made by you.
Limitation of Damages. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SPONSOR BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS OR HARM TO BUSINESS OR REPUTATION, ARISING OUT OF YOUR PARTICIPATION, USE OF ANY TEXT, PHOTO OR VIDEO YOU SUBMITTED, OR POSTING ON OR ACCESS AND/OR DOWNLOAD OF ANY MATERIALS OR INFORMATION FROM ANY WEB SITE OWNED, OPERATED OR CONTROLLED BY SPONSOR, INCLUDING WITHOUT LIMITATION DAMAGE TO PROPERTY AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAMAGES FOR BODILY OR PERSONAL INJURY, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. YOU AGREE THAT THE AGGREGATE LIABILITY OF SPONSOR ARISING OUT OF ANY KIND OF CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED $1.00.
Severability. If any one or more provisions of these Terms are held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the validity, effect or enforcement of any other provision or provisions of these Terms.
Governing Law; Jurisdiction; Venue. These Terms shall be interpreted in accordance with New Hampshire law without regard to its conflicts of laws provisions. You agree that the state and federal courts located in New Hampshire shall have exclusive jurisdiction over any dispute arising from or relating to these Terms or your participation, and you consent to the personal jurisdiction and venue thereof.