TERMS & CONDITIONS INNOCENT “GROENE VRIENDEN” – CALL FOR PROJECTS
1.1. These terms and conditions (“Rules”) apply to the call for projects (“CFP”) in connection with Innocent’s crowdfunding campaign “Groene Vrienden” (“Campaign”). By entering the CFP, each Entrant agrees to these Rules and confirms they have read and understood the privacy stipulations in Article 9. Attention is drawn to the limitations of liability in Article 7.
1.2. Organizer: INNOCENT B.V., a company registered in the Netherlands with registered company number 61950335 and its registered office address at Haarlemmerplein 48b, 1013HS Amsterdam, the Netherlands (“Organizer”).
1.3. CFP period: The CFP opens for entry on 1 April 2021 and closes at 23:59:59 (CET) on 30 April 2021 (“CFP Period”).
1.4. Campaign: The Campaign is a crowdsourcing initiative in which donations are made by Innocent B.V. to selected “green” projects, whereby consumers can allocate Innocent donations of 25 eurocents to selected projects. The maximum total amount of Innocent’s donation in the context of the Campaign is set at EUR 70,000. The Campaign consists of the following stages.
- Stage 1 (Call for projects): The first stage is the CFP. In this stage, which runs from 1 April 2021 to 30 April 2021, not-forprofit organizations are invited to submit one “green” project which complies with the criteria in Articles 2, 3 and 4. Selected projects will be featured on the crowdsourcing platform www.innocentgreenfriends.com (“Website”).
- Stage 2 (Call to donate): The second stage is the Call to donate. In this stage, which runs from 17 May 2021 to 31 August 2021, consumers can allocate a donation of 25 eurocents to the selected project of their choice by buying a bottle of Innocent juice and choosing a project on the Website using the unique code which can be found on the back of the label of certain Innocent juices.
All selected projects will receive a starting donation amount of EUR 100. After the deadline for consumers to redeem their codes (31 August 2021), the remaining amount of Innocent’s donation amount of EUR 70,000 not allocated by consumers via the codes during Stage 2 of the Campaign will be allocated in a fair manner between the not-for-profit organizations that entered the Campaign.
2.1. The CFP is only open to not-for-profit organizations with legal personality, registered in the commercial register and established in the Netherlands and/or Belgium, with access to the Website. Organizer reserves the right at any time to require such proof of eligibility as it reasonably requires, and to conduct all necessary checks on the identity and postal and/ or electronic address of organizations submitting an entry for the CFP (“Entrants”). In order to be eligible, Entrants may be required to open an account with a payment services provider designated by Organizer in order to receive donations, and provide all necessary documentation for opening such account.
2.2. Without limiting the options available to the Organizer, the Organizer reserves the right at any time to disqualify entries or Entrants that the Organizer regards as being in breach of any applicable laws, any of these Rules, any terms and conditions referred to in these Rules or the spirit of the CFP and/or the Campaign.
3. HOW TO ENTER
3.1. During the CFP Period, eligible not-for-profit organizations can submit a project using the online entry form on the Website, following the instructions provided on the Website. Entries outside the CFP Period will not be accepted. Each Entrant may only submit one entry (maximum of one project).
3.2. Entries must comply with the following criteria:
a. Project must already have been implemented or will be implemented in the Netherlands and/or Belgium.
b. Project must have a local impact, i.e. in a neighborhood, district or municipality.
c. Project is good for the environment: decontamination in general, improved air, water or soil quality, support for revegetation or biodiversity, reduced greenhouse gases, reduced carbon footprint, reduced noise pollution, support for renewable energies, etc.
d. Project may not be aimed at generating profit.
e. Project may not evolve around meat production, even if it is sustainable.
3.3. Entrants may at all times be required to submit supporting information/documents.
3.4. All Entrants warrant that the information provided in their entry is truthful, complete and correct.
3.5. The person submitting the project on behalf of the Entrant must be duly authorized to represent the Entrant.
4. PROHIBITED ACTIONS AND CONTENT RESTRICTIONS
4.1. Any attempt to deliberately damage or undermine the content or legitimate operation of this CFP or of the Campaign is prohibited and may be a violation of criminal and/or civil laws. In these circumstances the Organizer reserves all its rights and remedies.
4.2. In any case, Entrants may not:
- a. use any program, mechanism or software that could interfere with the functions and/or operation of the Campaign;
- b. use automated entry devices and/or programs, including use of bots (or similar programs known under other names);
- c. use scripts or programs that are partially or fully automatic (including auto-refresh functions), giving them an unfair advantage over other Entrants;
- d. do anything that could cause the technical capabilities of the Website to slow down to a significant extent;
- e. disseminate any message promoting a commercial good or service.
4.3. Entries must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights.
4.4. Entries must not contain any messages or images that could be viewed as an incitement to commit minor or major crimes, discrimination, hatred or violence, on the grounds of race, ethnicity or nationality, glorifying Nazism, challenging the existence of crimes against humanity or undermining the authority of the courts, defamation or libel, invading privacy or endangering minors, along with any file designed to display prohibited items and/or works, messages of a defamatory, crude, offensive, violent or unlawful nature, messages about tobacco or alcohol, messages containing personal contact details and information identifying a precise geographical location (telephone numbers, postal addresses, etc.), messages encouraging the use of prohibited substances or suicide, messages allowing third parties to directly or indirectly obtain pirated software, software serial numbers, software used to hack or penetrate IT and telecommunications systems, viruses or other logic bombs and, in general, any tool, software or equivalent, messages infringing the rights of others or undermining the safety of persons.
5. SELECTION OF PROJECTS
5.1. Organizer will assess all entries and will select (in its sole discretion and up to a maximum of 50 projects) the projects that will be admitted to the Campaign. Compliance with the criteria stated in Articles 2, 3 and 4 is a minimum requirement. Organizer undertakes to notify its decision to Entrants before 1 May 2021. The selected projects will be published on the Website on 1 May 2021.
5.2. Organizer’s decisions are final and binding in all matters relating to this CFP and the Campaign, including, but not limited to, interpretation and application of these Rules. By entering the CFP, Entrants fully and unconditionally agree to be bound by these Rules and the decisions of the Organizer, which will be final and binding in all matters relating to the CFP and the Campaign.
6.1. Beneficiaries of Innocent donations are solely responsible for the reporting and payment of all applicable national or local taxes on the donations or arising from the acceptance of the donations.
7.1. To the fullest extent permissible by law, the Organizer and its affiliates exclude all liability for any loss or damage of any kind arising from or in relation to the Campaign and each Entrant’s participation in it and/or use of any donation.
Nothing in these Rules limits or excludes any person’s liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any matter for which it would be illegal to limit or exclude liability, e.g. liability in cases of intent and gross negligence.
7.2. Organizer and its affiliates are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, website, 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 CFP, including any injury or damage to entrant’s or any other person’s computer relating to or resulting from participating in this CFP or downloading any materials in this CFP.
7.3. Organizer reserves the right to vary, extend, suspend or cancel the CFP and/or the Campaign and/or these Rules
- if it considers it necessary or appropriate to do so, including if there is any actual or anticipated breach of applicable law or
- if variation, suspension or cancellation is necessary due to an event outside the Organizer’s reasonable control. In the event of cancellation, donations may be awarded to projects selected from entries received prior to cancellation.
7.4. The CFP and the Campaign are in no way sponsored, endorsed, and/or administered by, or associated with, Instagram, Facebook, YouTube, TikTok or Pinterest. Entrants hereby agree to release, indemnify and hold harmless Instagram, Facebook, YouTube, TikTok and Pinterest from any liability in connection with the CFP and/or the Campaign.
7.5. Our website may include links to third party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements.
8. INTELLECTUAL PROPERTY
8.1. By entering, each Entrant warrants and represents the following with respect to their entry: (a) Entrant is the sole and exclusive owner of the entry; (b) the entry will not infringe on any rights of any third parties and will not give rise to any claims or infringement, invasion of privacy or publicity, or infringe on copyrights, trademarks, patents or other intellectual property rights or any rights or interests of any third party, or give rise to any claims for any payment whatsoever; (c) Entrant can grant Organizer the rights to publish the entry on the Website without the consent of any third party or claims for payment from any third party; and (d) any third parties who have rights in the entry have given entrant appropriate consent for the entry to be submitted to the CFP and the Campaign. Organizer reserves the right to request third party releases from any third party that has rights in any entry at any time.
Failure to produce fully executed third party releases (if applicable) may result in disqualification of the entry, in Organizer’s sole and absolute discretion.
8.2. Providing an entry constitutes Entrant’s consent to give Organizer a royalty-free, irrevocable, perpetual, non-exclusive license to publish the entry and Entrant’s logo (if any) on the Website in the context and for the purposes of the Campaign.
9.1. Entrants’ personal data will be processed in accordance with applicable law and the Organizer’s privacy notice at https://www.innocentdrinks.nl/static/LEGAL/innocent-privacy-policy-NL.pdf. In particular:
a. The Organizer is the data controller in respect of Entrants’ personal data.
b. The Organizer will only use, and permit the use of, Entrants’ personal data for the purposes described in these Rules and the Organizer’s privacy notice, which purposes include the administration of the Campaign.
c. It is necessary for the Organizer to use Entrants’ personal data to perform its obligations to Entrants in relation to the administration of this Campaign or it is in the Organizer’s legitimate interest to use Entrant’s personal data in the ways described in these Rules in order to ensure the proper administration of this Campaign.
d. Entrants acknowledge that Entrants’ personal data may be transferred to and processed in locations outside the European Economic Area (“EEA”). Non-EEA countries may not provide the same degree of protection for personal data as is provided within the EEA, but the Organizer will take reasonable steps to ensure the security of your personal data.
e. The Organizer will retain Entrants’ personal data for as long as it is required for the purposes described in these Rules and the Organizer’s privacy notice.
f. Entrants have certain rights in relation to Entrants’ personal data, including: (i) to obtain copies of it, (ii) to have it corrected or deleted, (iii) to limit the way in which it is used, (iv) to object to its use, (v) to transfer it, (vi) not to be subject to decisions based on automated processing (including profiling) and (vii) to complain to the regulator. In the event of any concerns, please contact the Organizer first at [email protected] so that the Organizer can try to resolve any issues. Please note that many of these rights are not absolute and the extent to which they apply may vary depending on the circum- stances and any exemptions that may apply.
10.1. Any enquiry or complaint relating to the CFP or the Campaign must be submitted by sending an email to [email protected] (for Dutch Entrants) or [email protected] (for Belgian Entrants, Flemish language) or [email protected] (for Belgian Entrants, French).
10.2. The email must state the date that the entry was submitted, the Entrant’s full contact details and details of the enquiry or complaint. Enquiries or complaints submitted by any other method or submitted after 30 May 2021 will not be processed.
11. SEVERANCE AND WAIVER
11.1. If any part of these Rules is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the rest of these Rules will not be affected. The Organizer’s failure to enforce any term of these Rules will not constitute a waiver of that provision.
12. GOVERNING LAW AND JURISDICTION
12.1. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of Entrant and the Organizer in connection with the CFP and/or the Campaign, shall be governed by, and construed in accordance with, the law of the Netherlands. Any disputes arising in connection with the CFP and/or the Campaign and/or these Rules shall be subject to the exclusive jurisdiction of the courts of Amsterdam, the Netherlands.