Banyan Botanicals Community Grant Fund Official Rules

In these official rules, Pearl Banyan Capital LLC dba Banyan Botanicals shall be referred to as “Grantor.”

NO PURCHASE NECESSARY AND NO FEE OR PROOF-OF-PURCHASE IS NECESSARY TO APPLY FOR A GRANT.

Purchase will not improve chances of grant award.

ELIGIBILITY

Grants are open to legal residents of the United States of America, who are 18 years of age or older at time of application, and who have a valid social security number or employer identification number.

Current owners and employees of Banyan Botanicals are not eligible to participate.

SUBMISSION PERIOD

Submission period: July 1–September 30, 2019
Screening period: October 1–October 15, 2019
Announce winners: by November 15, 2019

HOW TO ENTER

Each grant application must meet the following application requirements: (i) the application must be the applicant’s original idea and not include any material owned or controlled by third parties (including, without limitation, third party copyrighted material); (ii) the applicant must provide upon request all appropriate clearances, permissions, and releases for the application (in the event an applicant cannot provide all required releases, Grantor reserves the right, in Grantor’s sole discretion, to disqualify the applicable application, or seek to secure the releases and clearances for Grantor’s benefit, or allow the applicable application to remain in the promotion); (iii) the application must not include any content that is obscene, pornographic, libelous, or otherwise objectionable; and (iv) applicant must complete the online Grant application including submitting a video that is three minutes or less in length. Any application that, in Grantor's sole discretion, violates the application requirements may be disqualified. Applications must be received by the end of the submission period. All application information becomes the property of Grantor and will not be acknowledged or returned. Except as otherwise disclosed in these official rules, and to the extent applicants may otherwise elect at the time of entry, any information collected through the promotion shall be used only in a manner consistent with the consent given by the applicants at the time of entry, with these official rules. Any communication or information transmitted to Grantor by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary.

Applications that do not comply with these official rules, as determined in Grantor’s sole discretion, will be disqualified. Decisions of the Grantor are final and binding.

NOTE: By applying, all applicants agree to give Grantor permission to use his/her name and likeness in accordance with the “publicity release” section below. Any applicant who incorporates any intellectual property owned by a third party into his or her application does so at his or her own risk. If Grantor is duly notified that any element of an applicant’s application infringes upon the rights of another person or receives a valid request to disqualify the affected application because of infringement, the application may be disqualified, as Grantor may determine in its sole discretion. Further, no applicant will be eligible to receive a grant unless Grantor determines, in its sole and absolute discretion, whether the applicant’s application has been or can be sufficiently cleared for legal purposes. It is the sole responsibility of the applicant to notify the Grantor in writing if the applicant changes his/her email address during the submission period. Proof of mailing of application does not constitute proof of delivery. Grantor shall have no liability for any application that is lost, intercepted, or not received by Grantor. Grantor shall not be responsible for incorrect or inaccurate application information whether caused by internet or other network users or by any of the equipment or programming associated with or utilized in the promotion or by any technical or human error, which may occur in the processing of applications. Grantor assumes no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of applications.

AWARD DISBURSEMENT

The total funds awarded will be paid to the awardee in the form of a check. If an awardee cancels or fails to launch their community program which was awarded grant funds, funds must be returned to Grantor.

JUDGING AND VOTING

Grantees will be selected based on the following criteria (the "judging criteria"): All applications that meet the minimum qualifications and requirements will be judged fairly based on merit. The Corporate Responsibility Manager will choose ten finalists using the scoring categories below. The ten finalists’ applications will be reviewed by a team of at least three Banyan Botanicals employees, judged independently using the categories below, and given a score of 0­–5 (Inadequate–Exceptional) in each category. The 2–4 highest scores will receive grants.

 

Scoring Categories Score 0–5
Related to Ayurveda, herbalism, or self-care  
Clear, measurable objectives  
Business / non-profit / project is well established  
Realistic timeline and deadlines  
Lasting impact and value  
Project is heart-centered and service-oriented  

 

Score Descriptions
0 Inadequate No information provided, completely unrelated
1 Weak Lacking sufficient information, vaguely related
2 Marginal Partially developed, requiring additional information / clarification, somewhat related
3 Good Clear, thoughtful, convincing concepts, related to topic
4 Strong Thoroughly developed, very convincing concept, potential for positive impact
5 Exceptional Extremely detailed, great potential for positive impact

 

NOTIFICATION

Grantor will notify successful grantees by November 15, 2019.

Grantees are subject to eligibility verification and compliance with these Official Rules. Each grantee is required to comply to the publicity release in order to receive grant funds. The decisions of the Grantor are final and binding in all matters relating to this granting process, including interpretation and application of these Official Rules.

If a grantee cannot be contacted, fails to claim the grant, is disqualified, fails to timely execute and return any required Grant Documents, the grant will be forfeited. In that event, an alternate grantee will be selected from all remaining eligible applications.

GRANTS

Two (2) to four (4) grants of ranging from $250-$4,000 each will be made, to be paid in a lump sum. Payments will be issued within thirty (30) days of grantee’s notification and the validation of grantee’s W9. Grants are non-transferable. ALL FEDERAL, STATE, OR OTHER TAX LIABILITIES ARISING FROM A GRANT ARE THE SOLE RESPONSIBILITY OF THE GRANTEE; GRANTOR IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES. AN IRS FORM 1099 WILL BE ISSUED TO EACH GRANTEE AS REQUIRED BY LAW.

CONDUCT

By applying for a grant, applicants agree to be bound by these Official Rules and the decisions of the Grantor, which are final and binding in all respects. These Official Rules are accessible throughout the Submission Period.

Failure to comply with these Official Rules may result in disqualification. This granting process is subject to the laws of the United States. Grantor reserves the right at its sole discretion to disqualify any individual suspected of tampering with the application process or the operation thereof; or to be acting in any manner deemed by Grantor to be in violation of the Official Rules; or to be acting in any manner deemed by Grantor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person.

REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION

Each person who applies for a grant represents and warrants as follows: (i) the Application is the applicant’s own original work; (ii) the Application does not contain any computer virus (as applicable), is otherwise uncorrupted, and as of the date of Application, is not the subject of any actual or threatened litigation or claim; (iii) the Application does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iv) the Application does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. By applying, each applicant agrees to indemnify and hold harmless the Grantor from any and all third-party claims, actions, proceedings or damages of any kind (including reasonable attorneys' fees) arising from, or relating to, the breach of the representations, warranties or agreements herein.

PUBLICITY RELEASE

By applying for a grant, each applicant irrevocably grants the Grantor and their respective successors, assigns, and licensees, the right to use the applicant's name, likeness, image, and biographical information in any and all media for any business purpose, including, without limitation, advertising and publicity purposes, and applicant hereby releases the Grantor from any liability with respect thereto and as more fully set forth below.

Adult Model Release: If Application contains images of people with recognizable features, applicant agrees that he or she has the permission of those models to use their images in association with the application. Applicant does hereby release and discharge Grantor from any and all claims and demands arising out of or in connection with the use of the images and content including without limitation any and all claims for libel or violation of any right of publicity or privacy. Applicant agrees that any adult model does hereby:

  1. grant Grantor the unrestricted right and permission to copyright and use, re-use, publish, and republish photographic portraits or pictures of the model or in which applicant may be included intact or in part, without restriction as to changes or transformations in conjunction with model’s own or a fictitious name, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose
  2. permit the use of any printed material
  3. relinquish any right that model may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith
  4. release, discharge, and agree to hold harmless Grantor and Grantee, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy
  5. affirm that model is over the age of majority and has the right to contract in his or her own capacity

Applicant has read the above authorization, release and agreement, prior to its execution; fully understands the contents thereof. This release agreement shall be binding upon applicant and applicant’s heirs, legal representatives and assigns.

Minor Model Release: If an Application contains images of minors (children who are less than 18 years old or the age of majority in their state of residence by the date of Application), applicant agrees that applicant is the parent or legal guardian of the minor at the time Application is uploaded for consideration, or else has that applicant has obtained the written consent of the minor’s parent or legal guardian for the use of the image in the Application, and the agreement of the parent or legal guardian to the following terms of use:

  1. Grantor shall have the unrestricted right and permission to copyright and use, re-use, publish, and republish photographic portraits or pictures of the minor in which they may be included;
  2. Grantor is released from any obligation to allow the parent or legal guardian of the minor to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied;
  3. Grantor is released, discharged, and indemnified from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.

NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF

Each applicant hereby acknowledges and agrees that the relationship between the applicant and the Grantor is not a confidential, fiduciary, or other special relationship, and that the applicant’s decision to provide the applicant’s Application to Grantor does not place the Grantor in a position that is any different from the position held by members of the general public with regard to elements of the applicant’s Application. Each applicant acknowledges and agrees that the Grantor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Application.

LIMITATIONS OF LIABILITY

The Grantor assume no responsibility or liability for (a) any incorrect or inaccurate Application information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of Applications at any point in the operation of the process or for miscommunications or for the incorrect or inaccurate capture of information, or the failure to capture any information; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers; inaccessibility or unavailability of the Internet or any combination thereof; or any injury or damage to the applicant’s or to any other person’s computer which may be related to or resulting from any attempt to participate in the Application process. Grantor reserves the right to modify, extend, suspend, or terminate the granting process if it determines, in its sole discretion, that the process is technically impaired or corrupted or that fraud or technical problems, failures, or malfunctions or other causes beyond Grantor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security or feasibility of the process. In the event an insufficient number of eligible Applications are received, or Grantor is prevented from awarding grants or continuing with the granting process as contemplated by any event beyond its control, including but not limited to fire, flood, natural or man- made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Grantor’s control (each a “Force Majeure” event or occurrence), then Grantor shall have the right to modify, suspend, extend, or terminate the granting process. If the granting process is terminated before the end of the Submission Period, Grantor will (if possible) select one or more grantees from all eligible, non-suspect Applications received as of the date of the event that causes the termination.

DISPUTE RESOLUTION

GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF APPLICANTS OR GRANTOR IN CONNECTION WITH THE GRANTING PROCESS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW MEXICO AND THE UNITED STATES OF AMERICA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. FOR THE PURPOSES OF ANY DISPUTES HEREUNDER, BY ENTERING THIS PROMOTION, EACH APPLICANT AGREES THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THIS PROMOTION SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR FEDERAL COURT SITUATED IN THE STATE OF NEW MEXICO, U.S.A.

ARBITRATION PROVISION: By participating in this Promotion, each applicant agrees that: (i) any and all disputes the applicant may have with, or claims applicant may have against, the Grantor relating to, arising out of or connected in any way with (a) the granting process; or (b) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by an arbitration service company in the state of New Mexico and shall be governed by the U.S. Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (ii) the arbitration shall be held in New Mexico, U.S.A.; (iii) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements or documents the applicant signed in connection with the granting process; (iv) the arbitrator shall apply New Mexico law and United States law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law.

GRANTOR

Banyan Botanicals, 6705 Eagle Rock Ave NE Albuquerque NM 87113