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.
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.
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.
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.
Last Updated: July 21, 2014