OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
A purchase will not improve chances of winning.
OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES, CANADA AND DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OLD AS OF THE DATE OF ENTRY.
By entering this Promotion, entrants accept and agree to be bound by these Official Rules. Any violation of these rules may, at Sponsor's discretion, result in disqualification. All decisions of the judges regarding this Promotion are final and binding in all respects.
PROMOTION PERIOD. Promotion begins June 20, 2016 at 12:01 A.M. EST and ends August 31 at 11:59 P.M. EST, when all entries must be received ("Promotion Period").
ELIGIBILITY. This sweepstakes (the "Promotion") is only open to legal residents of the 50 United States and District of Columbia who are at least 18 years old as of the date of entry, except officers, directors, members, and employees of the Sponsor, the judging organization (if applicable), or any other party associated with the development or administration of this Promotion, and the immediate family (i.e., parents, children, siblings, spouse), and persons residing in the same household, as such individuals. This Promotion is void outside the 50 United States and the District of Columbia, and where prohibited.
HOW TO ENTER. Visit www.generationgood.net during the Promotion Period and accept the Maya Rudolph tells it like it is mission. The mission member will be entered for earning at least 5 points in the mission from using the sharing tools to spread the word about the Maya Rudolph YouTube video. All entries become the property of the Sponsor and will not be acknowledged or returned.
WINNER SELECTION AND NOTIFICATION. Winner selection will be conducted by random drawing from all eligible entries at the end of the promotion period. One member can only win one prize. Any potential winner will be notified via email from Generation Good and will be asked to provide their product preference by logging into Generation Good and completing a survey. If a potential winner: (i) cannot be contacted; (ii) does not respond within five (5) days from the date the Sponsor first tries to notify him/her; (iii) fails to return the Affidavit and Release as specified in Rule 9; (iv) refuses the prize; and/or (v) the prize or prize notification is returned as undeliverable, such potential winner forfeits all rights to win the Promotion or receive the prize, and an alternate potential winner may be selected. After five (5) such alternate potential winners have been selected without securing an eligible winner, the prize may remain un-awarded.) Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Promotion, including without limitation the execution of required waivers, publicity and liability releases and disclaimers, such individual will be declared the "winner" of the Promotion.
PRIZE DESCRIPTION. 150 members will each win a package of Seventh Generation organic cotton tampons.
TAXES. All federal, state and/or local income and other taxes, if any, are the winner's sole responsibility.
ODDS OF WINNING. The odds of winning a prize in this Promotion depend on the number of eligible entries received throughout the Promotion Period.
NO PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is transferable or redeemable for cash. Any portion of the prize that is not used is forfeited. No substitutions for prize.
CONSENT AND RELEASE. By entering the Promotion, each entrant releases and discharges the Promotion Entities from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, "Claims"). Except where prohibited: (i) acceptance of a prize constitutes the consent of any winner, without further compensation, to use the name and likeness of such winner for editorial, advertising and publicity purposes by the Sponsor and/or others authorized by the Sponsor; and (ii) acceptance of a prize constitutes a release by any winner of the Promotion Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of any prize.
DISCLAIMERS. (i) Sponsor not responsible for entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor's servers or elsewhere. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site or otherwise attempting to undermine the legitimate operation of the Promotion. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. (iii) Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Promotion based upon such error at its sole discretion without liability. In no event will Sponsor be responsible for awarding more than the number of prizes specified in these rules. (v) SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vi) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. (vi) The value(s) of the prize(s) set forth above represent Sponsor's good faith determination of the approximate retail value(s) thereof; the actual fair market value(s) as ultimately determined by Sponsor are final and binding and cannot be challenged or appealed. In the event the stated approximate retail value(s) of a prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise. No substitution or compensation will be given for any portion of the prize that is not used.
APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of New York, without regard to any principles of conflict of laws. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, New York. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys' fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.
WINNER LIST. For a list containing the name(s) of the winner(s), send a self-addressed stamped envelope, within six (6) months of the Drawing Date, to: Generation Good, " Generation Good Vajingle Mission Sharing Sweepstakes," Social Media Link, 483 10th Ave, Suite 500, New York, NY 10018.
SPONSORSHIP. Prizing is sponsored by Social Media Link, 483 10th Ave, Suite 500, New York, NY 10018. (individually and collectively, the ""Sponsor"").
Welcome to the Seventh Generation Inc.’s Generation Good™ community (the "community"). These terms of service (referred to in this document as "TOS") govern all use of the community web site and mobile app (referred to in this document as "Site"), including interactive resources such as user profiles, blogs and chat groups (which we call collectively the "Communication Platform"). These TOS also govern your membership in the community. Please read these TOS carefully as they contain important information regarding your legal rights and obligations.
Note that at the present time, membership is limited to U.S. residents having a U.S. address and Canada residents having a Canada address.
By using the Site, by registering with the community, and/or by becoming a member of the community, you agree to be bound by these TOS. The community reserves the right, in its sole discretion, to change, modify, add to, or delete from these TOS at any time by posting a revised version of these TOS on this page. Each version of these TOS will indicate at the top of this page the date they were last revised. Your continued use of the Site, or your subsequent registration or entry into membership, after any revised version of these TOS is posted constitutes your acceptance of the revised version.
If you do not understand these or any future TOS or if you do not or cannot agree to these or any future TOS, do not use or access (or continue to use or access) the Site.
The community Does Not Claim Ownership of User Generated Content. The community does not assert any ownership over User Generated Content (except the within license); rather, as between us and you, subject to the rights granted to us in these TOS, you retain full ownership of all of User Generated Content and any intellectual property rights or other proprietary rights associated with User Generated Content. You are solely responsible for protecting your intellectual property rights in your User Generated Content. The community cannot and does not assume responsibility for controlling, monitoring, or enforcing your intellectual property rights.
Your Warranties With Respect to User Generated Content. You acknowledge that the above grant of license is supported by good, valuable, and sufficient consideration. By posting User Generated Content, you represent and warrant that: (a) you own your User Generated Content or otherwise have the right to grant the license set forth in these TOS; (b) the posting of your User Generated Content on or through this Site does not violate the copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights or any other rights of any individual, living or deceased, or any legal entity; and (c) you have read and understood and your User Generated Content fully complies with these TOS and applicable laws.
You Are Legally Responsible for Your User Generated Content. Failure to comply with these TOS may expose you to liability to the community and liability to individuals or legal entities whose copyrights or other rights have been violated. For this reason, you should review these TOS regularly and contact us first if you have any questions about the suitability of materials you wish to post. Remember, once User Generated Content is posted it may quickly be transferred to other websites and media that we do not control, and it may be impossible to recover or delete.
Account Information. You must provide valid and accurate registration and account information, and you must keep your information up to date, particularly your email and mailing addresses. You will not transfer your account to anyone without first getting our written permission. If you select a user name that infringes the rights of a third party (such as when a trademark owner complains) and the user name does not closely relate to your actual name, we reserve the right to remove or reclaim it if we believe it appropriate. We may refuse, suspend, or terminate your membership and/or your access to some or all of our Site and services if you fail to comply with these TOS.
Sharing of Account Information. You may not share your username or password. You are responsible for any use or misuse of our Site and/or your membership account that is undertaken by someone using your username and password (unless such person improperly obtained your username and password from us).
Minimum Age. You must be at least eighteen (18) years old to use the Site, and by using the Site, you represent and warrant that you are at least eighteen (18) years old. Any use of the Site, including any registration or attempted entry into membership, by anyone under eighteen (18) years old is unauthorized and is a violation of these TOS.
Proper Use. As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. community reserves the right to investigate and take appropriate legal action against any Users who, in community’s sole discretion, violate this provision, including, without limitation, removing, editing or modifying any offending Content, or denying, restricting, or suspending or terminating your access to all or any part of the Site, with or without prior notice or explanation, and without liability to community. Community has no obligation to take any of the above-referenced actions, and is not responsible for the conduct of any Users who violate this provision. You will not:
Communication Platform. The community may offer a Communication Platform, and the community reserves the right to charge fees for access to some or all of it. The community may add, remove, and/or change content, functions, features, and/or services associated with the Site and/or the Communication Platform at any time and without notice. The community maintains the Site (including the Communication Platform) for your personal information, education, and entertainment. You are permitted to use the Site for this purpose. It is strictly prohibited to use the Site or any content (including the text, images, audio and/or video) of the Site for any other purpose, including any public or commercial purpose, without our express permission. It is strictly prohibited to reproduce, distribute, modify, transmit, publicly display, reuse, re-post, or "frame" the Site or any content of the Site without the community's prior written consent. All rights not expressly granted by the community in these TOS are reserved to the community and/or its licensors, as applicable.
Integration with Third Party Applications. The Site and Communication Platform may contain features designed to interoperate with Third Party Applications (as defined below). To use such features, you may be required to obtain access to such Third Party Applications from their providers. If the provider of any such Third Party Application ceases to make the Third Party Application available for interoperation with the Site or Communication Platform on reasonable terms, the community may cease making available the Site and the Communication Platform. You acknowledge and agree that the community is not the provider of the Third Party Applications and that the community disclaims any and all liability arising out of your use of the Third Party Applications. For purposes of these TOS, “Third Party Application” shall mean online applications and offline software products that are provided by entities or individuals other than Us and are clearly identified as such, and that interoperate with the Site and the Communication Platform, including without limitation the hosting services provided by Amazon Web Services or any other company used by the community for cloud hosting services.
No Representation of Accuracy. The community does not control the information and/or data posted by any users of the Site, and we do not vouch for the accuracy, integrity, or quality of any such information and/or data. The community does not endorse any opinions expressed by any users of the Site. We do not undertake any obligation to monitor the information and/or data posted by any users of the Site, and our removal of information and/or data in specific circumstances shall not be deemed a general undertaking to monitor. You acknowledge that you may be exposed to information that you find offensive or otherwise objectionable. We may provide information to help you identify certain postings as advertisements, but we cannot assure that we will be able to do so in all cases, and you are ultimately responsible for determining the validity and reliability of any information that you read on the Site.
Disclaimer of Liability. You agree that under no circumstance will the community, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way in connection with (a) any information or data posted by any users of the Site, including without limitation errors or omissions in such information or data; (b) any loss or damage of any kind incurred as a result of the use by you or a third party of any such information or data; or (c) any failure to correct or remove information or data.
Supplementation of TOS. You acknowledge that the community may establish day-to-day operational practices that supplement these TOS, and the community may implement and change these practices from time to time with or without notice. Such practices may include, for example, periodic deletion of information posted to the Communication Platform and logging off users who are inactive for an extended period of time during a login session. You acknowledge that the community has no responsibility for the storage or deletion, or the failure to store or delete, of any information or data.
Face to Face Meetings. The Communication Platform may enable users to arrange physical meetings (as distinguished from online meetings) or other in-person gatherings. The community does not control or monitor the formation or conduct of these meetings, and the community has no control over the actions of any individuals at those meetings. You should use caution and good judgment when considering attending any such meetings, as you would attending any meeting of persons you do not know. You agree that under no circumstance will the community, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way in connection with your attendance at (or travel to or from) any such meeting.
Dunkiel Saunders Elliott Raubvogel & Hand PLLC
91 College St.
COPYRIGHT NOTICE. Copyright © 2014 Seventh Generation, Inc. All rights reserved.
Special Provisions Applicable to Developers/Operators of Applications and Websites.
If you are a developer or operator of a Communication Platform application or website, the following additional terms apply to you:
1. You are responsible for your application and its content and all uses you make of the Communication Platform.
2. This includes ensuring that your application or use of the Communication Platform meets our Platform Policies and our Advertising Guidelines.
Your access to and use of data you receive from the community will be limited as follows:
1. You will only request data you need to operate your application.
3. You will make it clear to users what user data you are going to use and how you will use, display, or share that data.
4. You will not use, display, or share a user's data in a manner inconsistent with the user's privacy settings.
5. You will delete all data you received from us relating to any user who de-authorizes, disconnects, or otherwise disassociates from your application unless otherwise permitted in our Platform Policies.
6. You will delete all data you received from the community if we disable your application or ask you to do so.
7. We can require you to update any data you have received from us.
8. We can limit your access to data.
9. You will not transfer the data you receive from us (or enable that data to be transferred) without our prior consent.
10. You will not give us information that you independently collect from a user or a user's content without that user's consent.
11. You will make it easy for users to remove or disconnect from your application.
12. You will make it easy for users to contact you. We can also share your email address with users.
13. You will provide customer support for your application.
14. You will not show third party ads or web search boxes on the community user profiles or Pages.
15. We give you all rights necessary to use the code, Application Programming Interfaces (APIs) (along with all data received), or tools we provide to you, but only in connection with your application.
16. You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
17. You will not misrepresent your relationship with the community to others.
18. You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our Platform Policies.
19. We can issue a press release describing our relationship with you.
20. You will comply with all applicable laws. In particular you will (if applicable):
o Have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
o Comply with the Video Privacy Protection Act ("VPPA"), and will obtain explicit, opt-in consent from users prior to sharing with the community user data subject to the VPPA. You acknowledge the community has no obligations under the VPPA.
21. We do not guarantee that the Communication Platform will always be free.
22. You give us all rights necessary to enable your application to work with the community, including the right to incorporate content you provide to us into streams, profiles, and user action stories.
23. You give us the right to link to or frame your application and place content, including ads, around your application.
24. We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
25. To ensure your application is safe for users, we can audit it.
26. We can create applications that offer similar features and services to, or otherwise compete with, your application.
Special Provisions Relating to Product Endorsements
1. Your postings must express your honest opinions, findings, beliefs or experience
2. You may not convey any express or implied representation that is deceptive, or express any false or misleading claim.
3. If you represent that you use the product or service in question, you must be an actual bona fide user.
4. You must clearly and conspicuously disclose if you are receiving compensation in any form (money, free or discounted products, services or any other form of compensation or consideration) for providing your endorsement, or if you have any other commercial relationship with the manufacturer or provider of the product or service in question.
o To comply with this provision, you must:
• Place a suitable disclosure at the beginning of your comment, opinion, or experience.
• The disclosure must be the same font size as the text of your comment, opinion, or experience.
• You may not us a color or any other contrivance that makes the disclosure less noticeable than the text of your comment, opinion, or experience.
Special Provisions Relating to Users Outside of the United States. We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
1. You consent to having your personal data transferred to and processed in the United States.
2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on the community (such as advertising or payments) or operate a Communication Platform application or website.
Restriction and Termination of Use
The Company may block, restrict, disable, suspend or terminate your access to all or part of the Site at any time in the community’s discretion, without cause, without prior notice, and without liability to you.
Limitations and Disclaimers
WE TRY TO KEEP COMMUNITY UP, BUG-FREE, AND SAFE, BUT YOUR USE OF THE SITE, INCLUDING THE COMMUNICATION PLATFORM, IS AT YOUR OWN RISK. THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND BY COMMUNITY. COMMUNITY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY. IN NO EVENT SHALL COMMUNITY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON THE SITE OR BY THIRD PARTIES, OR FAILURE TO PROVIDE PRODUCTS OR SERVICES BY COMMUNITY OR THIRD PARTIES, WHETHER OR NOT COMMUNITY KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES.
COMMUNITY DOES NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE FUNCTIONING WILL BE UNINTERRUPTED OR FREE OF ERRORS. COMMUNITY ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER’S CONTENT OR ELECTRONIC DEVICE. COMMUNITY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS ON THE INTERNET OR ON THE SITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ANY USER’S ELECTRONIC DEVICE RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH USING THE SITE. UNDER NO CIRCUMSTANCES SHALL COMMUNITY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SITE, OR FROM THE CONDUCT OF ANY USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.
IN ANY CASE, COMMUNITY’S TOTAL, CUMULATIVE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF $500 AND ANY FEES/ PAYMENTS RECEIVED BY COMMUNITY FROM YOU FOR USING THE SITE, OR ADVERTISING ON THE SITE. THIS LIMITATION WILL APPLY, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF WHETHER A CLAIM OR ACTION SOUNDS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION, INDEMNITY OR ANY OTHER LEGAL THEORY.
PLEASE NOTE THAT SOME OF THESE LIMITATIONS ON LIABILITY MAY NOT BE ENFORCEABLE IN SOME STATES, AND IF SO, THEY ARE NOT APPLICABLE TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE COMMUNITY, ITS AFFILIATES AND AGENTS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
YOU ACKNOWLEDGE AND AGREE THAT COMMUNITY WOULD NOT HAVE POSTED THIS SITE BUT FOR THESE DISCLAIMERS OF LIABILITY, AND AGREE THAT THE TERMS ARE REASONABLE.
1. You agree to indemnify, defend, and hold harmless the community, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries, and its third-party partners from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney fees and costs, arising in any manner out of or in connection with your use of the Site, including without limitation as a result of content you post to the Communication Platform.
1. These TOS constitute the entire agreement between you and the community relating to the subject matter hereof, and they supersede any prior agreements between you and the community relating to the same. The failure of the community to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these TOS is held invalid, the remainder of the TOS shall continue in full force and effect. If any provision of these TOS shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these TOS and shall not affect the validity and enforceability of any remaining provisions. Any amendment to or waiver of this Statement must be made in writing and signed by us. You will not transfer any of your rights or obligations under these TOS to anyone else without our consent. All of our rights and obligations under these TOS are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these TOS shall prevent us from complying with the law. These TOS do not confer any third party beneficiary rights.
These TOS and the relationship between you and the community shall be governed by the laws of the State of Vermont, without regard to its conflict of laws provisions. Any dispute arising out of or in connection with these TOS shall be heard exclusively by the state or federal courts sitting in Vermont. You hereby submit to the personal jurisdiction of those courts and waive any objection as to venue or the convenience of those courts.
If you are a member or registered user, any legal notice relating to these TOS shall be sent to the email address associated with your account. Any legal notice to us shall be sent to:
Dunkiel Saunders Elliott Raubvogel & Hand PLLC
91 College St.
The Community Member Agreement:
Every community member must agree to the following before signing up:
By joining the community, members acknowledge that they are not guaranteed to receive anything in return, including complimentary products, brand experiences and/or any other promotions or giveaways promoted on this Site, emails or social media sites. Members who are selected for community Programs and all items mentioned above, must meet specific and unique requirements for each community program. The community may or may not disclose these requirements to members. The community adheres to a strict policy of sending one product kit per household address per community program, regardless of whether multiple qualified members reside in the same household. These requirements are solely determined by the community and may change at the community’s discretion at any time, with our without notice. The community reserves the right to postpone, change and/or cancel any scheduled or running community program at any time with or without notice.
Right to be removed from community programs. The community reserves the right, in its sole discretion, to determine eligibility in any community program or other offers on the Site. The community may, at its discretion, remove a member from a community program or other offer at any time and for any reason.
The community does not guarantee product shipment or the condition of any products. Due to the nature of shipping products, the community cannot guarantee the conditions of products shipped. Though the community makes all attempts to ship products in a timely manner, we cannot guarantee a specific timeframe for delivery or that products will actually be delivered.
Community program kits and products not intended for resale. Any product, brand experience, coupon or other items related to a community program are not intended for resale. Any violation (as determined solely by the community) of this provision by a Member may result in removal from the applicable community program or from the community in general.
Non-commercial use by members. Members of the community are prohibited to use the services of the Site in connection with any commercial endeavor or venture.
community program ending. Community programs will end on the date specified at the bottom of the program page. When a community program ends, it will be automatically removed from the Member page and Members will no longer be able to share and earn points. The community reserves the right to alter a community program's end date for any reason at its sole discretion.
Privacy & Public Profile
We do not allow you to share any profile information except your USERNAME and image on our web site. You choose what information you put in your public profile, and it is not required to use the web site.
Safe Use of the Site
We want to provide a site where people can interact safely with their friends and the people around them. To that end, we have safety and privacy controls to ensure that users share information only with those they wish to.
We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register for our community or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on our site. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at member support email. Note that the Terms of Service do not allow anyone under the age of eighteen (18) to register and/or use the Site. Parents should not allow those under the age of eighteen (18) to register and/or use the Site.
Despite our best efforts to ensure a safe site, we cannot guarantee that the site is entirely free of illegal, offensive, pornographic or otherwise inappropriate material, or that members will not encounter inappropriate or illegal conduct from other members. Consequently, you may encounter such content and conduct. You can help us by notifying us of any nudity, pornography, harassment or unwelcome content or unwelcome contact by clicking on the "Report" link located on pages throughout the site. We will use our best efforts to review reports made through this site reporting tool within 24 hours and remove any content that is deemed to have violated the Terms of Service. If warranted we will also disable the access of the user responsible for posting the abusive content. Where complaints about nudity, pornography, harassment or unwelcome contact are made by independent email to member support email, we will acknowledge receipt of the complaint and begin to address it within 24 hours. We will respond to the reporter within 72 hours of receiving the email complaint to inform the reporter of the steps we have taken to address it.
To contact us regarding our handling procedures, you can email us at GenerationGood@seventhgeneration.com. Please note that if you have not previously made a complaint to us you should not use this link. We are solely responsible for complaint handling, and you should address all complaints or reports of abuse directly to us using the procedures described on this page.
We will not disclose personally identifiable information about members with a California mailing address to unaffiliated third parties without your written authorization, unless otherwise permitted by law. Disclosures that are permitted under California law without written authorization include, among others, disclosures necessary to effect, administer or enforce a transaction you request; disclosures to our authorized agents and service providers; disclosures permitted or required by law or disclosures to prevent fraud or other illegal activities. California residents should contact us at the address below for instructions on how to deliver their disclosure authorizations.
What do we collect
Every time you visit our Web site, our Web server automatically collects the following non-personally identifiable information: your Internet service provider's address, the referring URL and, information on the pages you access on our site. We also collect personally identifiable information that you provide, such as information you provide when you register on our site, for example, your name, your email address, your telephone number, your address, your gender, schools attended and any other personal or preference information that you provide to us.
When you use our site, you may set up your personal profile, form relationships, send messages, perform searches and queries, form groups, set up events, add applications, and transmit information through various channels. We collect this information so that we can provide you the service and offer personalized features. In most cases, we retain it so that, for instance, you can return to view prior messages you have sent or easily see your friend list. When you update information, we usually keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior version of that information.
We may also collect information about you from other sources, such as newspapers, blogs, instant messaging services, and other users of our service through the operation of the service in order to provide you with more useful information and a more personalized experience. We also may collect tokens or other access information that you provide us for other accounts that you associate with your community account (such as blogs, Twitter, Facebook or Pinterest); tokens are like an electronic key provided by the services that acts in place of a password for authentication. By using the web site, you are consenting to have your personal data transferred to and processed in the United States.
What Are Cookies
How Do We Use Your Information?
When you register with our web site, you create your own profile. We may use information about you that we collect from other sources, including but not limited to Internet sources such as blogs, instant messaging services, and social media sites that you connect to us to supplement your profile.
We may use information in your profile without identifying you as an individual to third parties. We do this for purposes such as aggregating how many people in a network like certain products and personalizing advertisements and promotions.
Additionally, the information we collect is used:
• to generally improve the content and layout of our Web site
• to notify you about updates to our Web site
• to contact you for marketing purposes
• for internal review
When you supply us with personal information, and indicate your consent to receive promotional information, the information you provide will be added to our customer file. You may receive periodic mailings from us. If you do not want to receive such mailings from us, then please email us for information on where to contact us to remove yourself from our contact list.
We may send you e-mail with information on new products. If you do not wish to receive such e-mail in the future, please email us for information on where to contact us to remove yourself from our e-mail list. We reserve the right to send you notices about your account even if you opt out of all voluntary email notifications. We may also send you service-related announcements from time to time through the general operation of the service.
Sharing Your Information with Third Parties
Our site and your privacy settings allow you to make informed choices about who has access to your information. We do not provide contact information to third party marketers without your permission. We share your information with third parties only in limited circumstances where we believe such sharing is 1) reasonably necessary to offer the service, 2) legally required or, 3) permitted by you. In addition to the foregoing, we share your information with third parties to the extent that it is anonymized and omits any of your information that would enable the identification of you.
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
When you use our site, certain information you post or share with third parties (e.g., a friend or someone in your network), such as personal information, comments, messages, photos, videos, listings or other information, may be shared with other users in accordance with the privacy settings you select. All such sharing of information is done at your own risk. Please keep in mind that if you disclose personal information in your profile or when posting comments, messages, photos, videos, listings or other items, this information may become publicly available.
Third Party Advertising
How can you update your information?
We will provide you access to the following information:
• unique identifier information (customer number or password)
• contact information (name, address, phone number)
We will evaluate each request and reply in an appropriate manner and form of communication that ensures the security of the information you have requested.
How do you know your information is secure?
When you see either a solid key icon or a locked padlock icon at the lower portion of your browser window, then your site is secured through Secure Sockets Layer. We use industry-standard encryption technologies when transferring and receiving your information on our site. If you do not see one of these icons, please contact your Internet service provider. When we transfer and receive certain types of sensitive information we will redirect you to a secure server and notify you through a pop-up screen on our site.
We have appropriate security measures in place in our facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site.
Conflict In Terms
To contact us for any reason, including a request to be added or taken off a list, or if you have any concerns or questions, please email us at GenerationGood@seventhgeneration.com. Please note: When you contact us, provide your name and address exactly as it appears on correspondence you have received from us. Email us at GenerationGood@seventhgeneration.com to change your e-mail address or to unsubscribe from our e-mails.
Change in Policy
60 Lake Street
Burlington, VT 05401
As a member of the Generation Good™ community, you get to enjoy experiencing a product, at times for free, and the ability to share your opinions with other community members. As part of your membership, you agree to always be honest, never mislead and always try to provide valuable and authentic opinions. Your opinions must be compliance with this Disclosure and Member Code of Conduct or your membership may be terminated.
Disclosure, for the purposes of this Disclosure and Member Code of Conduct, means that you must make it known to others, when you provide a comment or opinion about a product, that you have received that product or brand experience for free as a Generation Good™ community member.
How do I properly disclose?
You must always clearly communicate that you were compensated with a free product in exchange for your honest review of the product. Being “clear” includes:
• Placing your disclosure at the top or beginning of your comment or opinion, separate from the rest of your comment or opinion.
• Ensuring that the disclosure is the same size text as your comment or opinion.
• Ensuring that the disclosure is a color that is as noticeable as your comment or opinion.
An example of how you can do this is to include the following phrase at the beginning of your review:
"#ad I received [product name] for free from the Generation Good™ community."
If posting to a micro-blog site such as twitter, you must add the #ad at the beginning of your post. For example:
"#ad Loved trying [product name]. I would definitely recommend this. Check it out"
Using hashtags will allow you to devote more space to your review without having to worry about character limits - allowing more of your voice to be heard.
(Note that when you share to Facebook and Twitter using the sharing tools located on your mission page, such a phrase will be included automatically. )
We will never tell you what to say about a product. You are free to speak from actual personal experience in your own words. Be sure to fully experience the product and take time to form your opinions. Your feedback matters and people will listen to you. Disclosing that you have received a free product ensures that your opinions and reviews are seen as credible and trustworthy to your friends and network.
Disclosure is an important part of being a Generation Good™ community member. Disclosing that you have received a free product means you're following guidelines set by the Federal Trade Commission regarding endorsements. Following these guidelines will help you to enjoy your community membership and all that it brings.
ABOUT / COMMUNITY GUIDELINES
We’re so happy you’re here! Generation Good™ is a gathering place for parents who want to raise their kids in a healthy environment and for those who care about bright and safe solutions today and for generations to come. When you become a member of Generation Good, it gives you the opportunity to connect with a community that cares. You can participate in great conversations, learn how to have your voice heard on important issues, get insider access to new content, receive special offers, and the opportunity to qualify for free products. You can even earn points and badges for participating. Being a member is free!
What can I do as a member of Generation Good™?
We think it’s so important to speak up and have your voice heard. Our community is an opportunity to do just that—learn how to take action on issues that matter to you, exchange tips and ideas on how to raise kids in a healthy environment and share your feedback and opinions on the best ways to care for you and your family naturally.
You can also participate in activities and missions and occasionally receive free products! When you share across your favorite social networks and blogs you can collect points each time you share, earn badges for completing activities, and deepen your connection to this wonderful community.
How do I receive offers and how often will I receive them?
By completing surveys and filling out your profile, we’ll match you with the offers that best fit you. By participating in offers you’ve accepted, you’ll help increase your chances of being invited to more surveys, missions and discussions. Make sure to keep an eye on your email inbox for special invitations!
When participating in a mission, survey, or discussion, always make sure you give your honest opinions. We only ask that you follow our community guidelines below. In the event that you receive free product, please always remember to disclose (in conversations or social media posts) that you’re a part of the Generation Good community and that you’ve received something for free. Please see the disclosure requirements section for more information.
Questions? Please ask us at GenerationGood@seventhgeneration.com
We have some basic rules of engagement we would like to share. They’re really common sense and should be nothing new to you. But we want to make sure we’re clear regarding what type of conduct is acceptable in our community. We expect all members to follow these guidelines so please take a minute to read them and keep them in mind whenever you participate.
Because we want to hear from you and all of our community members, we encourage comments, critiques, questions and suggestions. We simply ask that you stay on topic, post content and commentary that is relevant, respect other people’s opinions, avoid profanity and offensive statements, refrain from posting illegal content, and please do not post any personal information such as your email address or phone number. Specifically, we will not accept posts that are:
Please note that photos, whether emailed to the Seventh Generation team or posted on the community, will not be accepted if vulgar, depicting violence, obscene, offensive (racist, sexist or in any way discriminatory) or off-topic. The Seventh Generation team has the right to refuse publication of any photo it deems inappropriate or irrelevant for the community.
We also will not tolerate the uploading of files that contain viruses or programs that could damage the operation of other people’s computers or are deliberately disruptive. We also will not tolerate the use of our community to sell products, solicit money, or recruit fans or followers.
Please understand that conduct outside of these guidelines will result in your comment being removed, and possibly, you being banned from the Generation Good community. We actively moderate and engage this community so if your login doesn’t appear, there’s a good chance that you’ve violated one of the conditions above.
We’re here to have real conversations with you—our consumers—so please come share your thoughts and opinions. This is a place for us to talk with one another, so let’s get started!
If for any reason you would like to terminate your Generation Good™ community account, please email us at GenerationGood@seventhgeneration.com.