TERMS & CONDITIONS

 

By accessing this website or submitting a photo using the application form on Rock the Lunchbox, each participant (“you” or “Participant”) warrants that he or she has read and agrees to abide and be bound by these terms of use (“Terms of Use” or “Terms.”)  You agree that the Sponsors shall retain full authority, in their sole discretion, to interpret and administer these Terms of Use.

Collection of Personal Information

Annie’s, Inc. (“Annie’s”), Applegate Organic and Natural Meats (“Applegate”), Cooperative Regions of Organic Producer Pools (“Organic Valley”), Honest Tea, Inc. (“Honest Tea”) and Rudi’s Organic Bakery (“Rudi’s”) (collectively, the “Rock the Lunchbox Sponsors” or “Sponsors”) gather personally identifiable information from you strictly on a voluntary basis. Personally identifiable information includes: name, photo, postal address, e-mail address, company name and/or telephone number. Rock the Lunchbox Sponsors may collect personally identifiable information if you request information from us, participate in a contest, or sign up to join our e-mail list.

Except as permitted under these Terms of Use, Sponsors will never sell, transfer or exchange your personally identifiable information to any other party or organization without your explicit permission. All personally identifiable information Sponsors receive from you will be reviewed internally and/or used to improve the content of this website, to respond to visitor inquiries and/or to provide to you information you have requested.

Sponsors intend this website to be used by adults; it is neither directed to, nor intended to be visited by, children under the age of 13. Sponsors operate this website in compliance with the Children’s Online Privacy Protection Act, and Sponsors will not knowingly collect or use personal information from anyone under age of 13.

Photo Requirements.  If you submit a photo, you must be the owner of the photo, including all copyrights and other rights therein and thereto, or must have all of the rights and authority necessary to submit it. By making a submission of your photo, you automatically grant the Sponsors an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such submission, alone or as part of other works in any form, media, or technology whether now known or hereafter developed. You understand and acknowledge that the entry photo may receive exposure on the Internet, including on Sponsors’ websites and social media sites, and may be subjected to comments from the public at large.  Sponsors are not responsible for any remarks, including any critical or derogatory remarks, posted by the public pertaining to you or your entry photo.

The photo and description submitted must be in keeping with the Sponsors’ positive images and may not be offensive or inappropriate, as determined by Sponsors in their 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.  Photos and descriptions must be suitable for publication on a web site accessible to the general public.  Sponsors reserve the right, in their sole discretion, to eliminate any entries that they determine, in their 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.  Sponsors reserve the right to remove a photo from the Rock the Lunchbox website at any time for any reason.

Photos cannot exceed a file size of 10 MB. The file you submit to Sponsors may not contain any protection feature designed to prevent its use, or any computer virus or other similar features.

In addition to complying with the foregoing requirements, you must also make the warranties and representations regarding the photo submitted with your entry, set forth in the Warranties and Representations section below.

Warranties and Representations.  By submitting a photo, you warrant and represent to Sponsors that (a) the photo and such rights are in all respect free and clear of any claims or rights of third parties; (b) that the photo is your original work and has not been published; (c) that the photo contains no matter contrary to law; and (d) that you have not made any commitment for the use or publication of the photo.

Use of Your Information.  As permitted by law and in accordance with these Terms of Use, you agree that Sponsors may use the information you submit for the purposes and within the context of Rock the Lunch Box and any other purposes outlined in these Terms of Use.  In the event of a conflict between these Terms of Use and Sponsors’ Privacy Policy, to the extent they apply, these Terms of Use will control.

– Annie’s Privacy Policy – http://www.annies.com/privacy-policy
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Organic Valley Privacy Policy – http://www.organicvalley.coop/community/privacy-policy/
– Honest Tea Privacy Policy – http://www.honesttea.com/privacy/
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Applegate Privacy Policy – http://www.applegate.com/about-us/privacy-policy
– 
Rudi’s Privacy Policy – http://www.rudisbakery.com/gluten-free/privacy-policy/

BY SUBMITTING A PHOTO, EACH PARTICIPANT CONSENTS TO THE POSTING OF THE PHOTO ON (A) THE  WEB SITE LOCATED AT http://www.www.rockthelunchbox.com/ (B) ON SPONSORS’ INDIVIDUAL WEBSITES, (C) SOCIAL MEDIA SITES (INCLUDING FACEBOOK, TWITTER and PINTEREST SITES), (D) SPONSORED NATIVE ADVERTISING ON FACEBOOK OR TWITTER, AND (E) SPONSORS’ E-MAIL NEWSLETTERS, ALONG WITH PARTICIPANT’S FIRST NAME AND LAST INITIAL, ALL OF WHICH WILL BE AVAILABLE TO AND MAY BE VIEWED BY THE PUBLIC AT LARGE.

Release of Liability.  You agree that Sponsors and their respective parents, subsidiaries and affiliated companies, their successors or assigns, and any and all of their respective officers, directors, shareholders, employees, agents, representatives and licensees (collectively, “Released Parties”) shall not be liable for any personal injury, death, loss or damage of any kind or any other causes of action or claims related to your use of this website or participation on Rockthelunchbox.com.

Indemnification.  You agree to indemnify and hold harmless Sponsors, and each of them, and the Released Parties 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 your participation on Rockthelunchbox.com, use of your photo or description submitted with your entry, and/or any breach or alleged breach of any warranty or representation made by you in connection with the submission form on Rockthelunchbox.com. 

Use of Participant’s Name and Likeness.  By submitting a photo and agreeing to these Terms of Use, you hereby give Sponsors the right, at any time and from time to time, to print, publish, broadcast and use, worldwide and in any media now known or hereafter developed, including but not limited to, the Internet and world wide web, your name, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration, or right of review or notification, except where prohibited by law, and you hereby agree to provide documentation in writing to confirm the foregoing promptly upon request by Sponsors.

Limitation of Damages.  UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SPONSORS OR ANY OF THEM OR RELEASED PARTIES 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 USE OF THE WEBSITE, OR ANY SPONSOR’S USE OF ANY PHOTO OR DESCRIPTION PROVIDED BY YOU, OR ANY POSTING ON OR ACCESS AND/OR DOWNLOAD OF ANY MATERIALS OR INFORMATION FROM ANY WEB SITE OWNED, OPERATED OR CONTROLLED BY SPONSORS, INCLUDING WITHOUT LIMITATION DAMAGE TO PROPERTY AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAMAGES FOR BODILY OR PERSONAL INJURY, EVEN IF ANY SPONSOR OR RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.  YOU AGREE THAT THE AGGREGATE LIABILITY OF SPONSORS ARISING OUT OF ANY KIND OF CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED $1.00.

Amendments.  Sponsors reserve the right to suspend, cancel, terminate or modify the website or submission form without advance notice in the event Sponsors believe, in their sole discretion, that any computer virus, worms, bugs, tampering, spamming, unauthorized intervention, fraud, technical failures or other errors or problem beyond Sponsors’ control could corrupt or affect the administration, security, fairness, integrity or proper conduct of the Rockthelunchbox.com website or any Sponsor website, and thereafter to re-commence such website(s), if at all, only at such time(s) and upon such terms and conditions as Sponsors shall deem reasonable under the circumstances.

Changes to the Terms of Use

Sponsors reserve the right in their sole discretion and without notice, to change, modify, add or remove any portion of the Terms of Use, in whole or in part, at any time. Changes in the Terms of Use will be effective when posted. Your continued use of the Site and/or the services made available on or accessed through the Site after any changes to the Terms of Use are posted will be considered acceptance of those changes.

Last Updated: July 21, 2014