NUUNESS AWARDS PROGRAM
Terms and Conditions
Welcome to the Nuuness Awards Program (the Awards) intended to help a Nuuness chasing her athletic dreams! Thanks for reviewing these important Terms and Conditions (Terms). Please excuse the necessary legalese in these Terms. Also, see our reader-friendly Awards details and participation form at Nuuness.nuunlife.com/award
NO PURCHASE OR PAYMENT IS NECESSARY. BY PARTICIPATING IN THE AWARDS, PARTICIPANTS (YOU) AGREE TO BE BOUND BY THESE TERMS AND THE DECISIONS OF NUUN & COMPANY, INC. (SPONSOR).
1. Eligibility: The Awards are open to nominations by legal residents of the 50 United States, District of Columbia, or Canada (excluding Quebec) who are at least 18 years old (or the age of majority in their jurisdiction of residence, whichever is older) at the time of nomination. Employees, officers, and directors of Sponsor, and their respective parents, affiliates, subsidiaries, related companies, representatives, agents, those engaged in the development or production of these Awards, and the immediate family and household members of each such employee, officer, and director, are not eligible to participate. Nominee must be a woman to receive the award.
2. Timing: The Awards nominations start at 12:00:01am Pacific Time (PT) on February 6, 2020 and end 11:59:59pm PT on February 20, 2020 (Awards Period). Nominations will only be accepted during the Awards Period. Sponsor’s or its designee’s computer is the official time-keeping device for the Program.
3. How to Participate: During the Awards Period, nominate a woman that you think deserves funds to meet her athletic goals (theNominee) through the Awards application at Nuuness.nuunlife.com/award and follow the instructions to complete the Awards registration form, as follows (self-nominations are welcome):
Fill out the form with your name and email address and the Nominee’s name, email, and postal address;
Provide a short description in 300 characters or less why the Nuuness Award would help the Nominee reach her athletic goals; and
Submit a video submission to the Dropbox Link of no more than five minutes with the following information (and complying with the Guidelines and Restrictions (defined below)):
The Nominee’s story and why you believe the Nominee should be considered for the Nuuness award;
What the Nominee would do with $2,500 to further her athletic goals;
Explanation of the specific goal that the nominee is in pursuit of.
Important: Be clear and engaging in your video submission and short description, keeping in mind the Judging Criteria stated in Section 4. You must have a Dropbox account to participate (a Dropbox account is free).
Your short description, and video submission are your Submission, and you are the Nominator.
After you submit your Submission, the Nominee may be notified by Sponsor or its designee via email to confirm that he/she accepts the nomination. If you did not self-nominate, your Nominee will not be eligible to receive the Award unless and until the Nominee accepts the nomination. A Nominee that is nominated by another person must accept the nomination in writing by the time specified by Sponsor in any communication from Sponsor and no later than March 5, 2020 (whichever is earlier). Nominator and Nominee may be asked to provide more information for Sponsor to confirm identity and eligibility.
By uploading your Submission, you agree that your Submission conforms to the Submission Guidelines and Content Restrictions provided below (the Guidelines and Restrictions). Sponsor may reject your Submission and disqualify the Nominator and/or the Nominee from the Awards if it believes that your Submission fails to conform to the Guidelines and Restrictions.
Submission Guidelines:
The Submission must be in English;
The Submission cannot have been submitted previously in an award program, contest or promotion (though you may nominate the same Nominee in any future awards programs from Sponsor); and,
You cannot submit the same Submission for more than one Nominee.
Content Restrictions:
The Submission must not supply untruthful, incomplete, inaccurate, or misleading information;
The Submission must not contain material that violates or infringes anyone’s rights;
The Submission must not depict the image or likeness of any individual other than yourself or the Nominee and may not show any other individual’s artwork or intellectual property;
The Submission must not disparage anyone or anything;
The Submission must not nominate a Nominee who is known by Nominator to object to participation in the Awards;
The Submission must not contain trademarks other than those owned by Sponsor, which Nominator has a limited license to use in his/her Submission;
The Submission must not contain material that is mean, unkind, or inappropriate (e.g., no indecent, obscene, hateful, tortious, defamatory, libelous, discriminatory, bigoted, or racist material);
The Submission must not contain material that violates any laws, rules, or regulations in the United States.
Each Nominator represents and warrants that his/her Submission does not contain any material that would violate any laws or third-party rights and that he or she has permission from the Nominee (and can provide documentation of such permission), if showing the Nominee’s image or likeness in the Submission. Sponsor reserves the right to disqualify any Submission that it believes contains offensive or inappropriate content or does not comply with these Terms, including the Guidelines and Restrictions. Submissions may not be acknowledged and will not be returned to Nominators.
Limit: Each Nominator may upload more than one Submission but may only upload one Submission per Nominee. A Nominator may self-nominate. Any attempt by the Nominator to nominate the same Nominee multiple times will result in disqualification.
License Rights: Each Nominator grants to Sponsor the licenses set forth in Section 7 and Section 8.Released Parties (defined below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, garbled, delayed or misdirected Submissions; all of which will be void.
4. Award Determination: During the Awards Period, one Nominee will be selected to receive an award, as follows:
a. Preliminary Judging Phase: Each week during the Awards Period, beginning on or about February 10, 2020, a panel of judges selected at Sponsor's discretion will score the Submissions received during the previous week (and all Submissions will be reviewed by March 12, 2020), based on the following criteria (Judging Criteria):
Best demonstration of Nominee’s drive and passion for stated goal (20%);
Clarity of stated goal for Nominee’s use of award (20%);
Clarity for how award can help Nominee achieve stated goals (15%);
How Submission communicates Nominee’s dedication to the stated goal (10%);
The most apt, original, and interesting Nominee story (10%);
Potential impact for award to allow Nominee to achieve stated goal (20%);
Potential impact of Nominee’s goal for community (5%).
The top three scoring Submissions will be advanced as Finalists to be evaluated by Sponsor as stated in Section 4b below. Sponsor reserves the right to contact any Nominee for more information in connection with the Awards and to retain any information collected for use in judging and Honoree (defined below) selection, and future use in promoting or publicizing the Awards. In the unlikely event of a tie, the Finalist will be determined by the Submission’s score in the following criteria: Best demonstration of drive and passion for stated goal.
b. Finalist Judging Phase: The Finalists will be judged by no later than March 12, 2020 by a second panel of judges selected at Sponsor’s discretion to score such Submissions and any information collected during the judging process about the Nominee based on the Judging Criteria. The Finalist Nominee associated with the top scoring Submission will be deemed the potential recipient of the award (the Honoree). In the unlikely event of a tie, the Honoree will be determined by the Submission’s score in the following criteria: Best demonstration of drive and passion for stated goal.
Verification Process: The potential Honoree will be notified on March 12, 2020 via email. If the potential Honoree does not respond to Sponsor’s email notification within five days of any notification, or otherwise comply with the requirements in the notification, he/she may be disqualified and an alternate Honoree may be selected. The potential Honoree may be required to complete and return an Affidavit of Eligibility and Liability and Publicity Release, and any tax forms or other documents Sponsor requires within the timeframe requested by Sponsor. Each potential Honoree may also, at Sponsor’s discretion, be required to pass a background check and to provide any information and sign any documentation required to conduct such background check. If, by reason of a print or other error, more awards are claimed than the number set forth in these Terms, the award will be given to the Nominee associated with the highest scoring Submission in accordance with the above Judging Criteria from among all eligible claimants making purportedly valid claims to receive the award available.
Sponsor reserves the right to choose an alternate potential Honoree if information in the Submission cannot be verified to the satisfaction of Sponsor or if potential Honoree fails to return any required documentation. If a potential Honoree is disqualified for any reason, the award may be awarded to an alternate selected in accordance with the Judging Criteria described above. Alternate potential Honorees will be selected until an Honoree is verified. Selection as the Honoree is contingent upon fulfilling all requirements in these Terms. THE POTENTIAL HONOREE IS SUBJECT TO VERIFICATION BY SPONSOR AND WILL NOT RECEIVE THE AWARD UNLESS AND UNTIL POTENTIAL HONOREE’S ELIGIBILITY HAS BEEN VERIFIED AND IS NOTIFIED THAT VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED.
5. Awards: One Honoree will receive one check for $2,500. Total amount of all Awards during the Awards Period: $2,500.
Award Restrictions: ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY AWARD ARE THE SOLE RESPONSIBILITY OF THE HONOREE. Award is not transferable. No substitutions or exchanges of any award (including for cash) will be permitted, except that Sponsor reserves the right to substitute an award of comparable or greater value for any award. Sponsor will not replace any lost or stolen award. Only one award is available in the Awards. Except for applicable manufacturer’s standard warranties, the award is provided “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including any implied warranty of merchantability or fitness for a particular purpose).
6. Release and Limitations of Liability: BY PARTICIPATING IN THE AWARDS, NOMINATORS AND NOMINEES AGREE THAT SPONSOR AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AGENTS, REPRESENTATIVES, DISTRIBUTORS, ADVERTISING, PROMOTIONAL, AND PUBLIC RELATIONS AGENCIES, LEGAL COUNSEL, AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE RELEASED PARTIES), WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY NOMINATORS AND NOMINEES AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE AWARDS, SUBMISSION, OR PARTICIPATION IN THE AWARDS OR IN ANY AWARDS-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY AWARD CANNOT BE AWARDED DUE TO DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THE AWARDS, NOMINATORS AND NOMINEES AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY INTERNET SITES ASSOCIATED WITH THE AWARDS OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITES.
Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Nominator and/or Nominee, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Awards; (2) technical failures of any kind, including malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Awards; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Awards, the uploading, the processing or judging of Submissions, the announcement of the awards or in any Awards-related materials; (5) late, lost, undeliverable, misdirected, damaged or stolen mail, or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof.
7. Use of Name, Likeness, etc.: To the fullest extent permitted by applicable law, your participation in the Awards constitutes permission to use your name, hometown, aural and visual likenessand any other information submitted by you, for advertising, marketing, and promotional purposes without further permission or compensation (including in a public-facing Honoree list) in any media or technology now known or later created. As a condition of participation, to the fullest extent permitted by applicable law, you may be required to execute a consent to the use of your name, hometown, aural and visual likeness and award information for advertising, marketing, and promotional purposes without further permission or compensation. By participating in the Awards, you consent to being contacted by Sponsor for any purpose in connection with the Awards.
8. License to Submission: By participating in the Awards and providing your Submission in connection with the Awards, you hereby grant to Sponsor a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your Submission and any other information submitted by you, or any portion thereof (including your name and likeness as shown and conveyed in the Submission), in connection with the Awards and for other advertising, marketing, and promotional purposes, and to incorporate Submissions, in whole or in part, into other works in any manner, form, media or technology now known or later developed. You waive all rights, claims, or interest, if any, that you now have or may later acquire with respect to your Submission and any information you submit in connection with the Awards, including any right to any compensation. You release and hold harmless, Sponsor, its officers, employees, assigns, agents, and those acting with its permission, from all liability for any claims related to the Submission and the Awards. You confirm that you have the legal right to provide the grants, rights, and releases in these Terms.
Sponsor will have no obligation to publish or use or retain any Submission you submit or to return any such Submission to you. You agree that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this paragraph. You agree to take, at Sponsor's expense, any further action (including execution of affidavits, tax forms, and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor's rights as set forth above in this paragraph. You will not be entitled to compensation for any use by Sponsor, or its agents, licensees or assignees, of your Submission.
9. Disputes: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOMINATOR, NOMINEE, AND HONOREE AGREE THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE AWARDS OR ANY AWARD GIVEN IN THE AWARDS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON OR THE APPROPRIATE STATE COURT LOCATED IN KING COUNTY, WASHINGTON. THESE TERMS ARE GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON WITHOUT REGARD TO CHOICE OF LAW OR CONFLICT OF LAW RULES. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.
10. Privacy: See Sponsor’s Privacy Policy at https://nuunlife.com/pages/privacy-policy.
11. Honoree List: For the name(s) of the Honoree, send a stamped, self-addressed, business-size envelope for arrival after March 12, 2020 and before March 12, 2021 to the address listed in Section 14 below, Attn: Nuuness Awards.
12. Intellectual Property: NUUN is a trademark of Nuun & Company, Inc. The Awards and all accompanying materials are copyright © 2019 by Nuun & Company, Inc. All rights reserved.
13. General Conditions: Sponsor reserves the right to cancel, suspend and modify the Awards program, or any part of it, if any fraud, technical failures, human error or any other factor impairs the proper functioning or integrity or of the Awards, as determined by Sponsor. If the Awards Program is terminated, Sponsor may determine the Honoree(s) from among all non-suspect, eligible Submissions received up to time of such action using the Judging Criteria outlined above. Sponsor reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Awards or to be acting in violation of the Terms or in an unfair or disruptive manner. Sponsor’s failure to enforce any term of these Terms will not constitute a waiver of that provision. Odds of receiving the Award depend on number and quality of Nominees. The use of the terms “include” or “including” in these Terms is illustrative and not limiting.
14. Sponsor: Nuun & Company, Inc., 800 Maynard Avenue S, Seattle, WA 98134.