ALDI World Kindness Day Program
Terms and Conditions
NO PURCHASE NECESSARY TO PARTICIPATE.
The ALDI World Kindness Day Program (the “Program”) starts on November 13, 2016 at 12:00am Central Time (“CT”) and ends on November 13, 2016 at 11:59pm CT (“Program Period”). Submissions not posted during the Program Period will be void.
ELIGIBILITY: Program is open to legal residents of the fifty (50) United States and the District of Columbia, who are 18 years of age or older. Employees of ALDI, Inc. (“Promoter”), Weber Shandwick, their parent companies, subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void where prohibited by law. Program is subject to all applicable federal, state and local laws.
HOW TO PARTICIPATE: During the Program Period, post content on social media (i.e., photos, videos or essays, etc.) that display or describe personal acts of kindness or pay-it-forward type stories, tag ALDI in your post and include the hashtags #ALDIworldkindness and #submission (each, a “Submission”). All Submissions must be posted by November 13, 2016 at 11:59pm CT. If participating in the Program using a mobile device, you must have a service plan for your web-enabled mobile device with your wireless service provider. Data rates may apply. See your wireless service provider for pricing plan details and capabilities. Promoter’s decisions are final and binding on all matters relating to this Program.
REQUIREMENTS OF SUBMISSIONS: Submissions may not contain, as determined by the Promoter, in its sole discretion, any content that:
- is sexually explicit or suggestive; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- is obscene or offensive; endorses any form of hate or hate group;
- defames, misrepresents or contains disparaging remarks about other people or companies;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others;
- contains any personal identification, such as complete personal names or e-mail addresses;
- contains copyrighted materials owned by others (including background music, photographs, sculptures, paintings, and other works of art or images);
- contains names, voices, or look-alikes of celebrities or other public or private figures, living or deceased;
- or violates any applicable law.
Submissions must be in English, be the original work of the participant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. Any videos must be no more than sixty (60) seconds in length. If the Submission contains any material or elements that are not owned by the participant, and/or which are subject to the rights of third parties, the participant is responsible for obtaining, prior to submission of a Submission, any and all releases and consents necessary to permit the use and exhibition of a Submission by Promoter in the manner set forth in these Terms and Conditions, including, without limitation, name and likeness permissions from any person or any third-party who is identifiable in an Submission. Promoter reserves the right to request proof of these permissions in a form acceptable to Promoter from any participant at any time. Failure to provide such proof may, if requested, render Submission null and void. By submitting an Submission participant warrants and represents that he/she and the person or third-party who is identifiable in the Submission consent to the submission and use of the Submission in the Program and to its use as otherwise set forth herein.
BY POSTING A SUBMISSION, PARTICIPANT HEREBY GRANTS PERMISSION FOR THE SUBMISSION AND PARTICIPANT’S NAME, LIKENESS AND OTHER INFORMATION ABOUT PARTICIPANT TO BE POSTED ON HTTP://WWW.ALDI.US OR OTHER WEBSITES AND SOCIAL MEDIA SITES, AND USED IN PRESS MATERIALS. PARTICIPANT AGREES THAT RELEASED PARTIES (AS DEFINED BELOW) ARE NOT RESPONSIBLE FOR ANY UNAUTHORIZED USE OF SUBMISSION BY THIRD PARTIES. RELEASED PARTIES DO NOT GUARANTEE THE POSTING OF ANY SUBMISSION OR PARTICIPANT’S NAME OR LIKENESS, AND MAY REMOVE A POSTED SUBMISSION AT ANY TIME.
SUBMISSION REVIEW: All eligible Submissions may be reviewed and considered for posting based on a variety of factors including without limitation, how compelling the story or video, originality, creativity, and other factors determined by Promoter in its sole discretion. Promoter, or it designees, shall have the right to conduct telephone or web interviews with select participants, and participants agree to be reasonably available for such interviews and understand that such interviews may be recorded by Promoter or its designee and used by Promoter in connection with the Program without further compensation, approval or notice. Participants may be notified by Promoter via a comment on their Submission post but Promoter shall not be required to notify participants in order to use their Submission.
LICENSE/USE OF SUBMISSIONS: By posting a Submission, and to the extent allowed by law, you grant the Released Parties a perpetual, worldwide, royalty-free, non-exclusive, sub licensable, unconditional and transferable license to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse your Submission, name, photo, and biographical material including, but not limited to, all materials submitted in connection with the Program in any and all media, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to participant or any third party.
GENERAL CONDITIONS: By participating, each participant agrees: (a) to abide by these Terms and Conditions and decisions of Promoter and judges, which shall be final and binding in all respects relating to this Program; (b) to release, discharge and hold harmless Promoter, Weber Shandwick, their affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from participant’s participation in the Program or any Program related activity; and (c) to the use of his/her name, voice, performance, photo, video, essay, caption, image and/or likeness for programming, advertising, publicity, trade and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Promoter and its designees, without compensation (unless prohibited by law) or additional consents from participant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. By participating, participant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Program without the prior consent of the Promoter, which either may withhold in its sole discretion.
MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Submission, posts or photos; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Program, including, without limitation, errors or difficulties which may occur in connection with the administration of the Program, the processing of Submission, posts, photos, the announcement of the Recipients, or in any other Program-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Program. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in this Program or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Program or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Terms and Conditions, as solely determined by Promoter, will be disqualified and all associated submission/photos will be void. Should any portion of the Program be, in Promoter’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Promoter, corrupt or impair the administration, security, fairness or proper play, or submission of Submission, Promoter reserves the right at its sole discretion to suspend, modify or terminate the Program and, if terminated, at its discretion, select the Recipients from all eligible, non-suspect Submissions received prior to action taken using the review criteria identified above. In the event of a dispute regarding submission received from multiple users having the same email account, the authorized subscriber of the email account at the time of submission will be deemed to be the participant and must comply with these Terms and Conditions. Authorized account subscriber is the natural person who is assigned to the applicable account by the applicable email service provider. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PROMOTER RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
ARBITRATION: Except where prohibited by law, as a condition of participating in this Program, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Program shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Program), and participant further waives all rights to have damages multiplied or increased.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of participant and Promoter in connection with the Program, shall be governed by, and construed in accordance with, the substantive laws of the State of Illinois, USA.
Promoter: ALDI Inc., 1200 N. Kirk Road, Batavia, IL 60510.