Terms and Conditions

Terms and Conditions

Below are some rules and regulations that must be followed, please read them carefully.

ELIGIBILITY

ELIGIBILITY

Promotion is open only to legal residents of any of the 50 United States or District of Columbia, who are 18 years of age or older as of January 1, 2015. Void where prohibited. Employees, contractors, directors of Sponsor, its parent company, affiliates, subsidiaries, distributors, sales representatives, Web masters/suppliers, advertising and promotional agencies, and the immediate family members (spouse, children, parents, siblings) or household members (whether or not related) of each, and FW4K are not eligible. The Promotion is subject to all federal, state and local laws and regulations.

ENTRY GUIDELINES

ENTRY GUIDELINES

Entries cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies or communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate. By entering, you acknowledge that your Entry may be posted on Sponsor’s Website or social media sites, in Sponsor’s sole discretion. Sponsor has no obligation to use or post any Entry you submit, and Sponsor may revise an Entry where necessary. Sponsor shall have full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse and adapt any or all portions of the Entries in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world in any manner whatsoever and for any purpose, without additional compensation or right of approval. Entries that are not in accordance with the guidelines as stated herein will be ineligible. Entries cannot (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain or reference nudity or any materially dangerous activity; (b) promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (c) be obscene or offensive, endorse any form of hate or hate group; (d) contain or reference trademarks, logos or trade dress owned by others, including but not limited to, FW4K, Fitwize 4 Kids, and Lean But Not Mean logos or trademarks, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses; (e) contain copyrighted materials owned by others without permission; (f) contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; and (g) depict, and cannot itself, be in violation of any law. By submitting an Entry you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not received previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity, and (e) that you have obtained permission from a person whose name or likeness is used in the Entry, if any, and (f) that publication of the Entry via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, Sponsor and the FW4K Entities (defined below) from any claims to the contrary. Any Entry that, in the sole opinion of Sponsor, is deemed to be inappropriate for publication is ineligible. Incomplete, illegible, false, deceptive or garbled Entries are not eligible. In the event of an identity dispute, Entry will be considered made by the name appearing on the Entry.

By submitting an Entry, each entrant warrants and represents that he/she is in compliance with these Official Rules. Sponsor shall have the right to disqualify any Entry that it deems to be obscene or otherwise not in good taste, as determined by Sponsor in its sole discretion. Entries may not defame or invade the publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights.

You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related concepts or images previously known to Sponsor, or developed by its employees, or obtained from sources other than you.

GENERAL

GENERAL

Prize winners will be contacted by email within seventy-two (72) hours of the applicable drawing. Sponsor is not responsible for any change in participant’s email address. Grand Prize winner will be contacted by email and will be required to respond to the email within seventy-two (72) hours indicating whether he/she can accept the prize and to capture Grand Prize winner’s complete mailing address. If no response is received within the time allotted, prize will be forfeited and an alternate winner selected. Winners may be required to complete and sign an Affidavit of Eligibility, Liability Release and, where legal, a Publicity Release within seven (7) days of attempted notification and delivery of documents. If a winner is a minor in his/her state of residence, prize may be awarded to the minor’s parent/legal guardian who must assume all responsibilities of prize winner. Failure to comply with these conditions or the return of prize or prize documents as undeliverable, will result in forfeiture of prize, without compensation. Participation constitutes permission (except where prohibited by law) for Sponsor and its designees to use each winner’s name and likeness for purposes of advertising, promotion, and publicity without additional compensation, unless prohibited by law. Entrants agree to abide by these Official Rules and by the decisions of Judging Organization. Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process. By accepting a prize, winners release and agree to hold harmless Sponsor, its parent company, and each of their respective affiliates, directors, employees, officers and agents, and FW4K Entities (defined below), including without limitation, their advertising/promotion agencies from any and all liability, injury, loss, or damage of any kind, including but not limited to personal injury or death, arising from or in connection with participation in the Promotion, or the awarding, receipt, possession, use or misuse of any. Sponsor and its agencies are not responsible for any incorrect or inaccurate information caused by Website users; any error, omission, interruption, deletion, defect, delay in operation or transmission, communications-line failure, theft, or destruction or unauthorized access of the Website; or downloading materials from or use of the Website. If, in the Judging Organization’s opinion, there is any suspected or actual evidence of tampering with any portion of the Promotion, or if technical difficulties compromise the integrity of the Promotion, the Judging Organization reserves the right to disqualify suspect Entries or modify the Promotion in a manner deemed appropriate by the Judging Organization, at the Judging Organization’s sole discretion. In such event, winners will be determined from eligible Entries received prior to such determination, or as otherwise deemed fair and equitable by the Judging Organization.

PRIZE DETAILS/APPROXIMATE RETAIL VALUES/ODDS

PRIZE DETAILS/APPROXIMATE RETAIL VALUES/ODDS

One (1) Grand First Prize: $500 for you and your school, We will send a check in your name and to your schools name. 2nd prize is a $100 Online Gift Card to Amazon 3rd prize $100 Online Gift Card to Barnes and Noble

If Sponsor so elects, winner may be required to submit to a confidential background check. Such background check may include (but is not limited to) investigation of criminal, sexual offenses, or other arrest or conviction record, and any other factor deemed relevant by the Sponsor to help ensure that the winner will not pose a safety threat or, in the Sponsor’s sole discretion, bring the Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sponsor. Sponsor reserves the right to disqualify winner based on the results of his/her background check. If requested, the winner agrees to sign waiver forms authorizing the release of personal and background information.

PROMOTION JUDGING

PROMOTION JUDGING

At the conclusion of the Promotion Period, Entries will be judged by a panel of judges under the administration of the Judging Organization. Entries will be judged on the following “Judging Criteria”: (a) Creativity (1-10 points); (b) Includes confidence (1-10 points); and (c) Mass appeal (1-10 points). The entrant who submitted the Entry receiving the highest cumulative score for all criteria awarded by the judges will be deemed the potential Grand Prize winner. In the event of a tie, tie breaker will be based upon the highest point score in the first Judging Criteria, continuing thereafter to each Judging Criteria in order, as needed, to break the tie.

PROMOTION PERIOD

PROMOTION PERIOD

Promotion begins at 12:00 a.m. (midnight) Central Time (“CT”) on March 1, 2015 and ends at 11:59 a.m. CT on August 1, 2015 (“Promotion Period”).

TO ENTER

TO ENTER

During the Promotion Period, visit www.leanbutnot meanbook.com(“Website”) and follow the online instructions to complete the registration form to include (a) your name, email address, zip code, date of birth and the name of your winning name for your story; (b) a description of how you overcame bullying or obesity (maximum 300 characters); and (c) upload an image (no larger than 3 MB and in a GIF, JPEG, or PNG format) depicting the creative play (altogether, the “Entry”). The image may include only entrant’s child(ren) or legal ward(s) if people are included in the image. The entrant must be the parent or legal guardian of any minor appearing in the image.

From time to time, Sponsor may post Entries on the Website as the “Story of the Week.” Posting of an Entry as a “Story of the Week” is not an indication that an Entry has won.

For each Entry submitted, entrant will receive one (1) entry into the random drawing for the corresponding Entry Period in which he/she entered. Enter as often as you like, however, Entries must be different. If Sponsor determines, in its sole discretion, that an entrant has submitted two (2) or more Entries that are not substantially different from each other, the entrant and/or his Entries may be disqualified. The Sponsor is not responsible for late, lost, incomplete, misdirected, unintelligible or lost Entries. Use of any robotic, automatic, programmed or similar entry methods will void all Entries and result in disqualification. Any other form of Entry is void.

By participating, you are opting in to receive e-newsletters from the Sponsor. If you do not wish to continue receiving e-newsletters from the Sponsor, you may unsubscribe upon receiving your first e-newsletter.

Waiver

WAIVER

By entering this Promotion, participant waives all rights to claim punitive, incidental and consequential damages, attorneys’ fees or any damages other than actual out-of-pocket costs incurred to enter.

WORK FOR HIRE

WORK FOR HIRE

Each Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the entrant irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Entrant hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to his/her Entry. Sponsor reserves the right to alter, change or modify any Entry, in its sole discretion. Upon request of Sponsor, entrant shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.

Conditions
Lean But Not Mean Company (Lean But Not Mean) maintains this site (“the Site”) for your personal entertainment, information, education and communication. Feel free to browse the Site, but please read these terms and conditions before doing so.

Your access to and use of the Site is subject to the following terms and conditions (“Terms and Conditions”). Lean But Not Mean may revise these Terms and Conditions at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions. By accessing and browsing the Site, you signify your acceptance of these Terms and Conditions without limitation or qualification. If you do not agree to these Terms and Conditions, then please do not use the Site.

Intellectual Property
You should assume that all materials, designs, text and images (collectively, the “Materials”) contained in the Site are either the copyrighted property of Lean But Not Mean Company unless otherwise noted, or are the copyrighted property of third parties. You may download one single hard copy of Materials displayed on the Site for non-commercial, personal use only, provided however, you do not delete or change the copyright, trademark and other proprietary notices contained on the Materials. You may not modify, alter or change any Materials or distribute, publish, transmit, reuse, re-post or use the content of the Site for public or commercial purposes, including, without limitation, the text, images, audio and video. Unauthorized use of the Materials is strictly prohibited and is a violation of the rights of Lean But Not Mean and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity. Lean But Not Mean neither warrants nor represents that your use of Materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Lean But Not Mean.

This Site contains many of the valuable trademarks, names, titles, logos, images, designs, copyrights and other proprietary materials owned and registered by Lean But Not Mean Company and used by Lean But Not Mean and its subsidiaries (the “Trademarks”). The Trademarks displayed on the Site are registered and unregistered Trademarks of Lean But Not Mean Company. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, or any license or right to use any other trademark owned by any other third party. In the event that you misuse any Trademark in violation of these Terms and Conditions, Lean But Not Mean will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

No Warranty
While Lean But Not Mean uses reasonable efforts to include accurate and up to date information in the Site, Lean But Not Mean makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content of the Site.

Information in the Site is subject to change without notice. Information regarding Lean But Not Mean’s products and services is applicable only in the United States unless otherwise noted. Some products and services may not be available in certain areas. Lean But Not Mean makes no representations that the Materials in this Site are appropriate or available for use in other countries aside from the United States. Those who do access this Site from other countries are solely responsible for compliance with local laws of that country.

Use of and browsing in the Site is done at user’s own risk. Neither Lean But Not Mean nor any other party involved in creating, producing or delivering the Site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing the Site, or downloading of any materials, data, text, images, video or audio from the Site, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Submissions
From time to time, Lean But Not Mean may ask that you transmit to the Site by electronic mail your feedback on Lean But Not Mean’s products and/or services. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by Lean But Not Mean, (b) become the property of Lean But Not Mean and Lean But Not Mean shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by Lean But Not Mean or its licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this Site or otherwise. However, Lean But Not Mean shall be under no obligation to respond to any such communication.

Notwithstanding the foregoing, Lean But Not Mean maintains a long standing policy of not accepting or considering any creative ideas, suggestions or materials from the public (“Submissions”), and therefore, you should not make any Submissions to Lean But Not Mean in any communications through this Site or otherwise. Nonetheless, if you do send us a Submission, despite our request not to do so, then such Submission shall immediately become the property of Lean But Not Mean and Lean But Not Mean shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, Lean But Not Mean shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Lean But Not Mean shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future Lean But Not Mean uses or activities.

On certain areas of our Site, such as video upload features, message boards, or chat rooms, you will be allowed to interact with other users, and may also be able to create a unique account that may be used solely by you. You may not share or transfer your account with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your account and for the confidentiality of your password. Lean But Not Mean will suspend access or change access to your account immediately upon notification by you that your password has been lost, stolen, or otherwise compromised.

Use of your account and the interactive features of this Site are governed by and subject to the following terms (“Posting Rules”). Lean But Not Mean may terminate your account if we believe, using our sole discretion, that you have violated any of these Posting Rules, the terms in these Terms and Conditions, or any law. We reserve the right to monitor any and all messages, postings, or other content sent to the Site, and reserve the right to remove or to refuse to post anything that we in our sole discretion view to be in violation of these Posting Rules, the law, or are otherwise inappropriate. Lean But Not Mean does not necessarily, however, monitor any materials posted, transmitted, or communicated to or within the Site.

You understand and acknowledge that messages and postings are the sole responsibility of the author, and that Lean But Not Mean is not responsible for the message, or information, data, text or other materials in any message that may appear in a chat room, message board, or other interactive feature (“Messages”). Opinions expressed in Messages do not necessarily reflect the opinions of Lean But Not Mean.

You understand and acknowledge that you are responsible for the content of your Messages, and agree not to include anything that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, incites criminal or abusive acts, or is otherwise objectionable or inappropriate.
You agree that you will not post in your Messages any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of Lean But Not Mean. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
The message boards, chat rooms, and other forums we provide on this Site are intended to allow information exchanges, and for users to express their opinions. It is not a commercial site. Therefore, you agree that you will not post in your Messages any content that contains business solicitation of any type, including advertising a product or service, offering a product ore service for sale, or directing readers to a location for more information about a product or service.
You agree that you will not include in any Messages any software, files or links to other sites, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of Lean But Not Mean’s system or a third party’s computer. You further agree that you will not post any content that undermines the operation of the Site, a message board, chat room, forum, or other feature.
If you believe that a Message was posted in violation of these Posting Rules or Terms and Conditions, please copy the text of the Message into an email and submit to webmaster@Lean But Not Meanoatmeal.com. Lean But Not Mean may, but typically will not, acknowledge receipt of your complaint. You agree that Lean But Not Mean cannot and will not act as arbiter of disputes arising from third party communications or transmission to the Site. For more information on submitting complaints, please contact webmaster@Lean But Not Meanoatmeal.com. Violation of any of the above rules may result in a warning notification, removal of offending content or termination of your account.

If you believe that something on the Site violates the Terms and Conditions or you wish to send an e-mail to Lean But Not Mean, please email gina.judge1@pepsico.com. If you are a copyright or trademark owner and you believe your rights have been violated, please follow our Proprietary Rights Complaint Process.

Submission License
THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES YOU TO ENTER INTO A LEGAL AND BINDING AGREEMENT WITH Lean But Not Mean. PLEASE READ THIS AGREEMENT VERY CAREFULLY AND MAKE SURE YOU UNDERSTAND YOUR RIGHTS AND OBLIGATIONS BEFORE SIGNING THIS AGREEMENT AND SUBMITTING ANY MATERIALS. Except as otherwise provided in the “Submissions” section above including with respect to ideas or other non-protectable information, any submission(s) you make on this website that contain ownable, protectable content, including artwork, audio recordings, copy, images, music, photography, text, video recordings, written materials and/or other materials (“User Content”) are governed by the following license terms “(License”):

You hereby grant to Lean But Not Mean an irrevocable, non-exclusive, royalty-free perpetual license to use and exploit your User Content, in whole or in part, in any and all manner and media throughout the world; and the right to use your name, voice, image, likeness and biographical data in connection with both the User Content. Lean But Not Mean shall be entitled to assign or sublicense all or a portion of the rights and licenses granted herein and/or this License in its entirety, without payment to you.
You hereby acknowledge and agree that: (a) Lean But Not Mean shall have the right to crop, edit, alter or arrange the User Content in any way it desires in Lean But Not Mean’s sole discretion; (b) Lean But Not Mean shall not have any obligation to provide you with any credit when using your User Content, but in the event Lean But Not Mean chooses to provide you with credit the size and placement of the credit shall be at Lean But Not Mean’s sole discretion; (c) you shall waive any “moral rights” that you may have in the User Content; and (d) you are not entitled to any compensation or other payment from Lean But Not Mean in connection with the User Content. You understand that Lean But Not Mean will be acting in reliance upon your grant of rights, representations, warranties and indemnities in this License and may incur substantial expense in reliance upon these grant of rights, representations, warranties and indemnities should Lean But Not Mean use your User Content.
You represent and warrant that: (a) You have the full power and authority to grant the License described herein and to perform all of your obligations set forth in this License; (b) you are the author of the User Content and that each and every element of the User Content is an original work created by you; (c) you are the sole and exclusive owner of the User Content and all of the trademark and copyrights therein; (d) no third party is entitled to any compensation or payment as a condition for Lean But Not Mean’s use and exploitation of the User Content; and (e) the User Content conforms to the Posting Rules described in above.
You agree to defend, indemnify, and hold harmless Lean But Not Mean and its agents, their parents, officers, directors, employees, consultants, licensees, agents, successors and assigns from and against any and all loss, damage, liability, claim, demand, suit, cost and expense (including court costs and reasonable attorneys’ fees) resulting from claims made against Lean But Not Mean or its agents by third parties arising from any breach, or alleged breach, of your representations, warranties or obligations hereunder.

Children
Children under the age of 13 are not permitted to register to use the interactive features of our website such as signing up for e-mail notifications, online sweepstakes, or chat rooms and message boards. Please refer to our Privacy Policy for information on the types of information we collect in the registration process from children that are between the ages of 13 and 17.

Third Party Links
This Site may link to other sites not maintained by or related to Lean But Not Mean. Such hyperlinks are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Site or with the products and services of Lean But Not Mean. Lean But Not Mean has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk.

Miscellaneous
Any offers set forth on the Site are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.

These Terms and Conditions are governed and interpreted under the laws of the state of Illinois, United States of America. If any portion of these Terms and Conditions is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not effect the validity and enforceability of any remaining provisions.

These Terms and Conditions set forth the entire understanding and agreement between you and Lean But Not Mean with respect to the Site. You acknowledge that any other agreements between you and Lean But Not Mean with respect to the Site are superseded and of no force or effect.

You agree to indemnify and hold Lean But Not Mean, its parents, subsidiaries, officers, employees, and website contractors harmless from any claims and expenses, including reasonable attorney’s fees, related to your violation of this Agreement, including any abusive or unlawful behavior on the part of you or your dependents, or the infringement of any intellectual property or privacy right of any person.

Both you and Lean But Not Mean acknowledge and agree that no partnership is formed and neither of you nor Lean But Not Mean has the power or the authority to obligate or bind the other.

No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect.

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