Orgain Grants For Greater Good Official Program Rules

Entrant hereby confirms acceptance of these Official Rules and agrees to be bound by them when entering this Program.

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

  1. How to Enter. To enter the Orgain Grants for Greater Good Grant Program (the “Program”), go to www.orgain.com/pages/grants-for-greater-good (“Program Site”), read the Official Rules, complete the online Orgain Grants for Greater Good entry form, upload your video submission that communicates in sixty (60) seconds or less how your start-up aligns with Orgain's mission to support healthy, vibrant lives, and click the “submit” button. Limit one (1) Submission per Entrant business entity.
  2. Start/End Dates. Program begins at 12:00:00 AM Pacific Time on February 1, 2020 and ends at 11:59:59 PM Pacific Time on March 20, 2020 (“Program Period”). There will be two (2) rounds of judging. All submissions relating to this Program regardless of the round are described hereunder as “Submissions.”
  3. Eligibility. The Program is only open to U.S. registered and validly formed for-profit businesses in operation for at least two (2) years, in the early start-up stages of growth, with fifteen (15) or less employees. Entrant’s products or services must align with Sponsor’s mission to promote healthy and vibrant living (e.g. encourages or supports healthy eating habits, accessible nutrition, an active lifestyle, body appreciation, mindfulness, balanced living…etc.). Entities whose business involves the sale of alcohol, tobacco or cannabis products or services are not eligible to enter. Employees, officers and directors of Orgain, Inc. (“Orgain” or “Sponsor”) and its parent companies, subsidiaries, affiliates, partners, dealers, agents, advertising and promotion agencies, manufacturers or distributors of Program materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees, officers, and directors are not eligible to enter. Void outside of the 50 United States and the District of Columbia, and where prohibited or restricted by law. Entities that are not operating within the United States or the District of Columbia are not eligible to enter. All federal, state and local laws and regulations apply. Submission must be in the English language. Any entity that submits a Program entry shall be referred to herein as an “Entrant”. All Entrants must comply with the applicable laws, decrees, regulations and guidelines of the United States, and Sponsor will have no obligation to change or modify any of the Official Rules, except as is otherwise provided in the Official Rules. Submissions must be made by an employee of Entrant entity who is 21 years of age or older as of the date of the Submission, and who has been granted the authority to enter the Program on behalf of Entrant.
  4. Submission Guidelines. By entering, each Entrant agrees that its Submission conforms to the below outlined Submission guidelines and that Sponsor, in its sole discretion, may remove any Submission and disqualify an Entrant from the Program if it believes, in its sole discretion, that the Entrant’s Submission fails to conform to the below.

    • Entrant Submissions must comply with the Submission entry specifications outlined in the Program entry form found at the Program Site.
    • No Program Submissions may contain:
      • Nudity, lewd, or vulgar behavior;
      • Material that, in any manner Sponsor determines in its sole discretion, violates or infringes another's rights, including, but not limited to privacy, publicity, confidential information or intellectual property rights, including, but not limited to copyright, patent, trademark, trade secret infringement or other proprietary right of any party;
      • Any material that Entrant does not own and/or has not obtained all rights necessary to use, submit and participate in this Program, subject to these Official Rules;
      • Material that is hateful, tortious, defamatory, slanderous or libelous, deemed inappropriate or obscene;
      • Material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      • Material that is unlawful, in violation of, or contrary to the laws or regulations in the United States and/or any jurisdiction where the product or service is created or planned for distribution;
      • Any material including malware, spyware, viruses, worms, malicious code and any and all other code, instructions or components that are deceptive, malicious, harmful or designed to interfere with, breach, harm or limit the functionality or security of any product, service, network, or other system or technology of Sponsor or any other party; or
      • Material that disparages Sponsor or any other person or entity relating to the Program, or any third party.


    Failure of any Submission to comply with the above guidelines and restrictions, as determined by Sponsor in its sole discretion, may result in disqualification. Sponsor accepts no responsibility for a Program Submission if it is lost, delayed, damaged, defaced, or mislaid, for causes which are beyond his reasonable control. All Submissions will be deemed made by the Entrant at the time of entry. Once the initial Submission is submitted, Entrant may not make any alterations.
  5. Sponsor reserves the right to cancel, modify or suspend this Program in the event an insufficient number of eligible or satisfactory entries are received, and Sponsor further reserves the right to cancel or modify this Program as a result of any applicable law, regulation, decree or guideline, or for any reason at all, in Sponsor’s sole discretion. If Sponsor decides to cancel or modify this Program in accordance with these Official Rules, it will provide a notice of such cancellation or modification on the Program Site at www.orgain.com/pages/grants-for-greater-good
  6. By entering, each Entrant warrants and represents the following with respect to each Submission they submit: (a) Entrant is the sole and exclusive owner of the Submission and such Submission is not subject to any claim of ownership by any third party; (b) the Submission is Entrant's own creation and is 100% original; (c) the Submission will not infringe on any intellectual property, proprietary, moral, or other rights of any third parties; (d) any third parties appearing in the Submission have given Entrant appropriate consent to be used as permitted herein and Entrant will, upon the request of Sponsor, provide verifiable evidence of all such necessary consents obtained; (e) the Entrant has all appropriate rights to use, and to grant Sponsor the right to use, any third party content used to develop or contained in the Submission; (f) the Submission and the Entrant's participation do not violate the rights of any third party or any local, state, provincial, national or foreign law, including any right of publicity, right of privacy or any other proprietary right; (g) the Submission does not contain the confidential information of any third party, and to the extent it contains Entrant’s confidential information, such information shall become non-confidential only in the event Entrant’s Submission is selected to move on to Round 2, Community Voting; (h) the Submission is submitted by an employee of Entrant on Entrant's behalf who is 21 years of age or older as of the date of the Submission, and who has the power to do so on behalf of the Entrant. Grants will be awarded to the winning Entrant entity and not to the individual employee submitting the Submission on Entrant’s behalf.
  7. All Entrants must provide and maintain a valid email address for the duration of the Program. Sponsor is entitled to send any correspondence associated with this Program by e-mail. Entrants are responsible for making sure that they can be reached by email. If an Entrant cannot be reached or fails to timely respond to an email, the Entrant may be disqualified or forfeit a possible grant. No automated entry devices and/or programs permitted. Receipt of Submission will be acknowledged through the submission process. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled Submissions, which will be disqualified, or for problems of any kind whether mechanical, human or electronic which are beyond Sponsor’s reasonable control. Only fully completed Submission forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Submissions that for any reason it considers to be inappropriate, indecent, pornographic, obscene, violent, slanderous, libelous, defamatory, discriminatory, hateful, untruthful or inaccurate, including without limitation, for depicting or mentioning sex, obscenity, violence, drugs, alcohol and/or inappropriate, slanderous or defamatory language, for promoting bigotry, discrimination, hatred or harm against any race, religion, nationality, gender, sexual orientation, disability or age, or for being unlawful or violating any laws, decrees, or rules and regulations in the United States or in the jurisdiction where it is created or submitted, or otherwise violating any of the provisions of Section 4 above.
  8. Judging Panel (Round 1). Eligible Submissions will be judged by a panel of judges selected by Sponsor (“Judging Panel”). Submissions will be judged based on the weighted judging criteria outlined below (“Judging Criteria”). On or about March 30, 2020, up to six (6) semi-finalists will be selected to move on to Round 2, Community Voting.

    • Mission - 50%
      • Does Entrant’s product or service align with Orgain’s mission to help people live vibrant lives through nutrition, an active lifestyle or mindfulness?
      • How well has Entrant explained Entrant’s product or service, and how such product or service meets Orgain’s Principles?
      • Is the product or service inclusive and accessible to all, no matter, for example (but not limited to) one’s race, religion, or economic status?
      • Does Entrant support social good or have a brand citizenship program? Examples include (but are not limited to):
        • Sustainable product packaging;
        • Give back program tied to each purchase;
        • Volunteerism supporting social or environmental non-profits; or
        • Sharing of percentages of Entrants sales/profits with impact initiatives.

    • Innovation – 25%
      • Is there a genuine need for the product or service?
      • What does it solve or how does it help people?
      • How innovative is the product or service?
      • Can the product or service be easily duplicated, or are there already many competitive products or services in the market?
      • Has Entrant identified its competitors and developed a response or defined why their product or service is better?

    • Ability to Scale – 25%
      • Does Entrant’s product or service provide significant value for its customers, for which customers are willing to pay?
      • Does Entrant’s product or service address a substantial market and have impact on such market?
      • Is Entrant’s target market defined, and what is the size of Entrant’s target growth market?
      • How adequate is Entrant’s marketing plan?
      • Has Entrant secured resources for production?
      • Has Entrant addressed price point of the product or service, and is there research to support it?
  9. Community Voting (Round 2). Submissions of the semi-finalists selected in Round 1 by the Judging Panel will be posted on the Program Site to be voted on by the public during the community voting period, which begins on May 11, 2020 at 12AM PT and ends on May 25, 2020 at 11:59PM PT (“Community Voting Period”). Participants can vote for the Submissions they feel best meets Orgain’s mission to help people live vibrant lives. Limit one (1) vote, per Submission, per person, per day throughout the Public Voting Period. Multiple voters are not permitted to share the same account or email address. Any attempt by any voter to submit more than the stated number of votes by using multiple/different email addresses, identities or any other method will void that voter’s vote. The use of robotic or automatic devices for voting is prohibited, and Sponsor reserves the right to nullify any and all such votes and to disqualify from voting the responsible individual. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including engaging in vote-farming or vote-exchanges or offering awards or other inducements to members of public, as determined by Sponsor, in its sole discretion and Sponsor reserves the right to nullify any and all such votes and to disqualify from Program the responsible Entrant. The three (3) Submissions with the highest number of votes at the end of the Community Voting Period will be deemed potential Grant Recipients of the Program (subject to confirmation). In the event of a tie the Entrants with the highest scores from Round 1 will be deemed the potential Grant Recipients. In the event Sponsor, in Sponsor’s sole discretion, deems voter participation to be insufficient, or observes or suspects corruption or any other issue in connection with the voting process, Sponsor reserves the right to overrule the Community Voting results, and to select the Grant Recipients based on the Entrants with the highest scores from Round 1.
  10. Grants. Subject to verification and compliance with these Official Rules, and contingent upon the successful completion of a criminal and civil background check, three (3) Entrants will be named “Grant Recipients” of the Program. Each Grant Recipient will receive $50,000 to be used for the sole purpose of furthering Entrant’s mission to support healthy and vibrant living. Total approximate value of grant to each recipient: $50,000. Grants are non-transferable. In the case of unavailability of any award, Sponsor reserves the right to substitute an award of equal or greater value.

    In order to maintain Entrant’s status as a Grant Recipient, in addition to the conditions outlined above and under Section 14 below, the following additional and/or continuing obligations shall apply: (1) Entrant’s founder or co-founder shall be available to attend a one day photoshoot, (2) Entrant’s use of the Grant will be for the sole purpose of furthering Entrant’s mission to support healthy and vibrant living, (3) Entrant will provide content for use by Orgain in connection with continued promotion of the Program and Program Grant Recipient (“Program Content”), on a quarterly basis during the Program Period, and in conformance with any specifications or guidelines which may be provided by Orgain from time to time, and (4) representatives from Entrant will be available to participate in various public relations activities related to the Program, as determined by Sponsor, during the Program Period. “Program Period” shall mean the date in which the Grant Recipients are announced through December 31, 2020.

    The $50,000 grant will be paid to Grant Recipients in two (2) installments of $25,000. The first installment to be paid shortly after Grant Recipients are named, and the second installment to be paid on or before October 1, 2020, subject to Grant Recipient’s continued compliance with these Official Rules. Sponsor shall have the right to audit records detailing Grant Recipient’s use of the Grant, and reserves the right to withhold any portion of the Grant unpaid in the event Sponsor, in its sole but reasonable discretion, determines that Grant Recipient’s use of the Grant fails to comply with the use restrictions outlined above.
  11. TAXES: AWARDS OF GRANTS TO POTENTIAL GRANT RECIPIENTS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO SPONSOR ALL DOCUMENTATION REQUESTED BY SPONSOR TO PERMIT IT TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, LOCAL OR OTHER TAX REPORTING LAWS OR REGULATIONS IN THE UNITED STATES AND IN GRANT RECIPIENTS’ RESPECTIVE JURISDICTION. ALL GRANTS WILL BE NET OF ANY TAXES SPONSOR IS REQUIRED BY LAW TO WITHHOLD. TO THE EXTENT PERMITTED BY LAW, ALL TAXES IMPOSED ON GRANTS ARE THE SOLE RESPONSIBILITY OF THE GRANT RECIPIENTS. In order to receive a grant, potential grant recipients must submit tax documentation requested by Sponsor or otherwise required by applicable law, to Sponsor or a representative for Sponsor or the relevant tax authority, all as determined by applicable law. The potential grant recipients are responsible for ensuring they comply with all applicable tax laws and regulations and filing requirements, and other requirements relating to the awarding and receipt of a grant or cash in a contest or promotion. If a potential Grant Recipient fails to provide such documentation or comply with such laws, the grant may be forfeited and Sponsor may award the grant to the Entrant with the next highest scoring Submission.
  12. Notification of Grant Recipients. Grant Recipients will be notified by email or telephone on or about April 27, 2020 and will be required to sign and return, where legal, an Affidavit of Eligibility (or similar document) and/or Liability and Publicity Release within five (5) days of grant notification. Additionally, Grant Recipients may be required to obtain releases or appropriate licenses from any and all third parties appearing in, or in relation to third party content used in or in connection with, any and all materials associated with their Submission. If any Grant Recipient cannot be contacted within five (5) calendar days of first notification attempt, if any grant or grant notification is returned as undeliverable, if any Grant Recipient rejects its grant, or in the event of noncompliance by the Grant Recipient with these Official Rules or any other law, rule or regulation of the Grant Recipient’s jurisdiction, such grant will be forfeited and may be awarded to the Entrant with the next highest scoring Submission. Upon grant forfeiture, no compensation of any nature shall be given.
  13. Intellectual Property Rights. Providing a Submission constitutes Entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions (and in the case of Grant Recipients, Entrant’s Submission and Program Content) in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including but not limited to on any and all Internet media, including Sponsor’s web sites and properties and on social networking sites (i.e., Facebook, YouTube, Twitter etc.), for any legal purpose whatsoever. In granting this license, Entrant understands and agrees that Sponsor is under no obligation to exercise any of its rights, licenses and privileges herein granted. Entrants hereby agree to do such other things and execute such other documents as may be reasonably requested in order to allow the Sponsor to make such use of, and exercise the rights granted to Sponsor hereunder.

    By making a Program Submission, Entrant acknowledges and agrees that Sponsor and its designees (i) are continually and independently of the Program and Entrant’s Submission working on creating, developing, improving upon and expanding Sponsor's product and service offerings, that may be similar or identical to Entrant’s Submission, and (ii) may receive Submissions from other Entrants that may be similar or identical to the Submission Entrant submits. Sponsor is not and shall not be restricted in any way from pursuing, developing, or commercializing, in any way that Sponsor sees fit, independent of Entrant and at Sponsor's sole discretion, any product or service that is created independent of Entrant’s Program Submission. By entering this Program, Entrant hereby releases Sponsor for use of Entrant’s intellectual property rights related to its Submission, and hereby agrees not to sue Sponsor, its employees, directors, affiliates, subsidiaries, parents, agents, successors and assigns for any actual or alleged infringement or misappropriation by any Sponsor product or service of Entrant’s intellectual property rights related to its Submission. Furthermore, Entrant hereby waives any and all claims Entrant may have had, may currently have, and/or may have in the future related to Sponsor's review, acceptance, and/or use of Entrant’s Submission, and agrees that Sponsor is under no obligation to review, use, or in any way process Entrant’s Submission, regardless of the status indicated on the Program Site.

    Entrant acknowledges and agrees that its Submission will be held as confidential prior to Round 2 of the Program, but that upon being selected as a semi-finalist by the Judging Panel in Round 1, Entrant’s Submission and any confidential information contained therein shall become non-confidential. Regardless of the round, Entrant grants Sponsor the right to review Entrant’s Submission and to have the Judges review Entrant's Submission. If selected as a semi-finalist, Entrant also grants to Sponsor the right to post Entrant's Submission, including the short description of the submission, and any photo or video that entrant submits on the Program Site and Entrant agrees that visitors to the Program Site have the right to access the information in accordance with the Terms and Conditions of the Program Site.

    Entrant agrees that entering the Program may impact Entrant's legal rights, including, but not limited to, Entrant's ability to obtain patent rights, copyright registration, trade secret protection, or other intellectual property or proprietary rights with respect to the information disclosed in Entrant’s Submission. Entrant must seek its own legal counsel prior to entering the Program or submitting a Submission, and agrees that Sponsor has not induced Entrant to enter the Program, and is not responsible or liable to Entrant for any loss of right suffered by Entrant for having entered the Program.

    Entrant agrees that nothing in these Official Rules grants Entrant a right or license to use any name, trademarks or service marks owned by Sponsor. Entrant grants to Sponsor the right to include Entrant's company name as an Entrant on the Program Site and in materials related to Sponsor's promotion of the Program.
  14. Conditions. Sponsor shall not be liable or responsible in the event Program Submissions are not used (whether in whole or in part) for any reason. Any and all federal, state, and local taxes are the sole responsibility of the Grant Recipients. Entrant acknowledges and agrees that participation in this Program and Sponsor’s activities in and relating to this Program are not and do not create any confidential, fiduciary, employment, agency or other special relationship between Entrant and Sponsor. For the avoidance of doubt, Entrant further affirmatively consents to Sponsor’s right, in its sole discretion, to use, without compensation, Entrant’s and Entrant’s employees’ name, likeness, biography and other information about Entrant and Entrant’s employees in connection with any use of Entrant’s Submission. Participation in the Program and acceptance of a grant constitutes each Grant Recipient’s permission for Sponsor to use Grant Recipient’s Submission, name, address (city and state/province/territory), logos, marks, statements, and/or any other indicia of Grant Recipient, as well as the name, address (city and state/province/territory), likeness, photograph, picture, portrait, voice, biographical information, any statements, and/or any other information of or concerning Grant Recipient’s employees, in whole or in part, in any manner or media now or hereafter known for purposes of advertising and publicity, throughout the world, in perpetuity, without notice or without consideration to Grant Recipient, its employees, or any third party, except where prohibited by law. By participating, Entrant and each Entrant employee agrees unless prohibited by mandatory law to release, indemnify and hold harmless Sponsor, and its employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Program, or possession, acceptance and/or use or misuse of grant or participation in any Program-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Entrants who do not comply with these Official Rules, or attempt to interfere with this Program in any way shall be disqualified. Sponsor is not responsible if Program cannot take place or if any Grant cannot be awarded due to travel cancellations, Grant Recipient unavailability, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
  15. Additional Terms. By entering the Program, Entrant fully and unconditionally agrees to be bound by these Official Rules and the decisions of the Judges, which will be final and binding in all matters relating to the Program. Any attempted form of entry other than as set forth in these Official Rules is prohibited; no automatic, programmed, robotic or similar means of entry are permitted. To the fullest extent permitted by law, Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for any of the following, provided that it is beyond their reasonable control, namely technical, hardware, software, telephone or other communications malfunctions, typographical or other errors in printing, offering, or description of any award or in any other materials produced in connection with the Program, failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one's ability to enter the Program, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participating in this Program or downloading any materials in this Program. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, Sponsor reserves the right to cancel, terminate or modify the Program or any provision of these Official Rules, or shall have the right to have that determination not affect the remainder of these Official Rules, which shall be construed in accordance with their terms as if they did not contain the invalid or illegal provision. All decisions of Sponsor related to the Program are final and binding.

    CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
  16. No Obligation. Entrant acknowledges that multiple participants may submit Submissions that contain concepts similar to his or her Program Submission and that Sponsor, its subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors may already be pursuing products or services that are related or similar to those that Entrant disclose in its Program Submission. Entrant acknowledges and agrees that Sponsor's action with respect to another Program Submission, even if similar to Entrant’s Program Submission, shall not create in Sponsor any liability to Entrant or others.
  17. Use of Data. Sponsor will be collecting, maintaining and using personal data and/or information about Entrants and their employees, in accordance with its privacy policy. Please review the Sponsor's privacy policy at www.orgain.com/pages/grants-for-greater-good
  18. Governing Law. By participating in the Program, Entrant hereby agrees to Sponsor's collection and usage of their employee’s personal information and acknowledge that they have read and agree to Sponsor's privacy policy. The Program is governed by U.S. law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant rights and obligations, or the rights and obligations of the Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules. The parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of California.
  19. List of Grant Recipients. For the names of the grant recipients, please visit www.orgain.com/pages/grants-for-greater-good shortly after the grant recipients have been announced.
  20. Sponsor. Orgain, Inc. P.O. Box 4918, Irvine, CA 92616