Earth’s Own Plant Project

Purpose / Objective
At Earth’s Own Food Company Inc. (“Earth’s Own”, “we”), we are driven by a relentless pursuit to change the world for the better through the plant-based movement. We know the world’s current eating habits are not sustainable, and firmly believe that the single biggest thing we can do as individuals to save our planet from the climate change crisis is to eat a more plant-based diet. For more than 20 years, we’ve devoted our brand to this mission.

June 2022 will see the launch of the third Earth’s Own Plant Project. Plant Project provides funding, mentorship and support for plant-based ideas, projects and startups rooted in solving climate change by sparking a shift towards plant-based eating – because eating more plants is better for the planet. This year, Earth’s Own will also be launching Plant Project U, where Plant Project recipients will be welcomed into the Earth’s Own community and provided with ongoing education, mentorship, networking opportunities and support from relevant experts.

As part of this Project, Earth’s Own is sponsoring a grant contest, whereby it will award two (2) grants of at least $5,000 in funding and products to support a project or program – either new or existing – that encourages and inspires Canadians to eat more plants. And if we are inspired by other projects and programs that are brought to our attention in the scope of the contest, we may decide to support them as well, subject to the same terms.

Earth’s Own Plant Project (Plant Grant Contest)
Terms and Conditions

By participating in the Earth’s Own Plant Grant Contest (“Contest”) and submitting an entry, each applicant (“you”) (and his/her parent or legal guardian on his/her behalf if he/her is a minor) confirms that the applicants have read these Terms and Conditions, and agree to be legally bound by these Terms and Conditions. Internet access and a valid email address and telephone number are required to participate. Odds of being awarded the grant depend on the number of entries received during the submission period.

For the purposes of these Terms and Conditions, the term “applicants” includes all of the members of groups that participate in the Contest.

Timeline
● Submission period begins: June 13, 2022 at 12:01 a.m. Eastern Time (“ET”)
● Submission period closes: July 25, 2022 at11:59 p.m. ET
● Written submissions reviewed: week of July 25, 2022,
● Applicants selected for Zoom interview: week of August 22, 2022
● Potential grant recipients selected after telephone interviews: week of September 5,2022.
● Grant recipients announced publicly: week of September 19, 2022

Eligibility
● The following persons are eligible to enter this Contest: individuals, groups and organizations that are doing their part to reduce the impact of climate change by sparking a shift to plant-based eating. This could be an entrepreneur dreaming of starting a plant-based food truck, a school lunch program with a plan to switch from dairy to oat milk, or a food bank wanting to offer plant-based options to its users.
● Persons who are employees, representatives or agents of the Contest’s sponsor, Earth’s Own, members of the judging panel, and persons domiciled with the above-mentioned persons, are not eligible to enter the Contest.
● Projects must be located in Canada and benefit Canadians. They can be existing, or brand new – but if the project is still in the planning stages, it needs to launch and be operational before July 25, 2023 in order to be eligible.
● Projects, groups or individuals can have received other funding in the past and still be eligible hereunder.
● Individuals who are applicants or who are members of a group who is an applicant must be residents of Canada and they must have reached 13 years of age at the time of entry.
● If under the age of majority in their province or territory of residence, an applicant must obtain the consent of his or her parent or legal guardian at the time of entry, and in the manner requested by Earth’s Own prior to being selected as the recipient of the grant, as more fully described below.
● IMPORTANT NOTE TO APPLICANTS WHO ARE MINORS: Earth’s Own reserves the right, in its sole and absolute discretion, to contact minor applicant’s parent or legal guardian for the purposes of verifying: (i) his/her agreement to be legally bound by these Terms and Conditions on the applicant’s behalf; (ii) consent to the applicant’s participation in this Contest; and/or (iii) consent to the collection, use and disclosure of the applicant’s personal information. Failure of an applicant’s parent or legal guardian to complete any such required verification to the complete satisfaction of Earth’s Own within the time frame specified by Earth’s Own may, in the sole and absolute discretion of Earth’s Own, result in disqualification of the applicant.

How to Enter
● No purchase necessary. Applicants must submit the following:
o Complete online application form
o Applicants who are groups must submit the names and coordinates of each member of the group.
o Applicants who are groups or organizations must designate an applicant representative who will be responsible for submitting the project on behalf of the group or organization and for all communications with Earth’s Own, including receiving notification of selection and participating in the telephone interview during the second round of selection. The applicant representative of the selected recipient grant will also be responsible for signing the contract, for accepting and administering the grant (funding and/or products), and for submitting the progress report, as more fully described below.

Grants
● It is up to the sole discretion of the Earth’s Own team to determine which applicants receive a grant and which applicants do not, based on the judging criteria set out herein.
● It is up to the sole discretion of Earth’s Own to determine what each grant will consist of (i.e. Earth’s Own’s products and/or funding) as well as when and how it will be distributed by Earth’s Own to the recipient (i.e. depending on the project selected).
● If no applicants satisfy the judging criteria, Earth’s Own has the right to not give out any grants this year
● The two (2) selected applicants are each eligible to receive a grant of at least $5,000 in a combination of funding and/or Earth’s Own’s products, on the condition that they meet the conditions set out herein and otherwise comply with these Terms and Conditions. We also reserve the right to award additional grants to applicants, subject to our sole discretion and these Terms and Conditions.
● Each grant must be accepted as awarded and is not transferable, assignable and/or convertible to cash. No substitutions are permitted, except at Earth’s Own’s option and in its sole and absolute discretion. What is not expressly included in the grant description stated above is excluded, and it is the sole and absolute responsibility of the grant recipient. Earth’s Own reserves the right at any time to place reasonable restrictions on the availability or use of a grant or any component thereof, in addition to those restrictions set out herein.

Judging Criteria
In order to objectively assess submitted projects, a panel of six judges consisting of Earth’s Own employees will use a template scorecard to review entries. Specifically, the panel members will score each project against six (6) key criteria, each given equal weight – with a score of 0, 1, 2 or 3 being assigned against each – which means a maximum potential score of 18.
1. How strongly is this project linked to the core goal of the Earth’s Own Plant Project: supporting people, groups and organizations that want to do their part to reduce the impact of climate change by sparking a shift to plant-based eating?
2. How unique or original is this project?
3. How credible is the individual, group or organization leading this project?
4. How feasible is the project?
5. What is the anticipated impact of the requested support from Earth’s Own? How many people will this project or program potentially reach versus the funding being requested?
6. Are there other factors that make this a stand-out submission?

The judging panel will select 10 entries with the highest total score to pass to the second round. The second round will consist of telephone interviews with applicants or applicant representatives, scheduled at the time indicated by Earth’s Own in the applicants’ notice of selection sent to selected applicants via the email address provided at the time of entry. The panel will use the same scorecard to assess entries during the first round of review (written submissions) and then again to review the entries based on the telephone interviews with the applicants or applicant representatives in the second round. The two (2) applicants with the highest scores during the second round will be selected as recipients of the grants.

If (a) the selected applicant or applicant representative does not respond to Earth’s Own within one (1) week of notification; (b) there is a return of any email notification as undeliverable; (c) the selected applicant or applicant representative fails to return or returns incomplete or improperly executed the contract or other Contest-related documents requested by Earth’s Own within the specified time; (d) the selected applicant cannot accept (or is unwilling to accept) the grant, as awarded, for any reason; and/or (e) the selected applicant is otherwise in violation of these Terms and Conditions (all as determined by Earth’s Own in its sole and absolute discretion); then the selected applicant may, in the sole and absolute discretion of Earth’s Own, be disqualified (and, if disqualified, will forfeit all rights to the grant) and Earth’s Own reserves the right, in its sole and absolute discretion and time permitting, to select an alternate applicant in accordance with these Terms and Conditions (in which case the foregoing provisions of this section shall apply to such newly selected applicant). Earth’s Own is under no obligation to select an alternate applicant or recipient or to award more grants than is stated in these Terms and Conditions, although it reserves the right to do so.

NO ONE WILL RECEIVE A GRANT UNLESS AND UNTIL EARTH’S OWN OFFICIALLY CONFIRMS HIM/HER/IT AS THE RECIPIENT OF THE GRANT IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. BEFORE BEING DECLARED AS THE GRANT RECIPIENT, the selected applicant, each member of the selected group or the applicant representative on behalf of the selected organization must sign and return to Earth’s Own the contract (and have his/her parent or legal guardian sign if he/she is a minor) and return within one (1) week of notification, in which the selected applicant, each member of the selected group or the applicant representative on behalf of the selected organization (among other things):
● confirms compliance with these Terms and Conditions;
● accepts the grant, as awarded;
● accepts to reimburse the full value of the grant if his, her or its project is not launched and operational by July 25, 2023;
● agrees to the publication, reproduction and other uses of his/her/it name, address, voice, statements about Earth’s Own Plant Project, this Contest, his/her/its submission, project, and any activities related to the foregoing, as well as his/her/its acceptance, use and misuse of the grant (including funding and/or products),and photograph or other likeness, in perpetuity, without further notice or compensation, in any publicity or advertisement carried out by or on behalf of Earth’s Own, in any manner or medium whatsoever, including without limitation print, broadcast or the internet;
● agrees to participate in targeted promotional activities, including media interviews, social media, and videos, as instructed by Earth’s Own;
● agrees to release, to hold harmless and to indemnify the Released Parties from and against any and all claims, actions, damages, losses, debts, costs, expenses and liabilities of any kind, known or unknown, arising from, or in connection with, with Earth’s Own Plant Project, this Contest, your submission, your project, and any activities related to the foregoing, as well as your acceptance, use and misuse of the grant (including funding and/or products);
● accepts that notwithstanding any other provision in the contract, the sole obligation and collective liability of the Released Parties, and my sole remedy for any claim in any way connected with or arising out of the contract, the grant and his/her/its acceptance, use or misuse of such grant or any component thereof, shall be for actual and direct damages only, which shall not exceed, in the aggregate, the approximate retail value of the grant, as set forth above;
● accepts that in no event shall the Released Parties be liable for loss of savings or earnings, mental distress, inconvenience, or indirect, special, consequential, incidental, punitive or exemplary damages, losses, costs or expenses, arising hereunder or in connection with Earth’s Own Plant Project, this Contest, the selected applicant’s submission, project, and any activities related to the foregoing, as well as the selected applicant’s acceptance, use and misuse of the grant (including funding and/or products), even if Earth’s Own has been advised of or is aware of the possibility of such losses, expenses or damages;
● agrees that, to the fullest extent permitted by applicable law, he/she/it may not seek reimbursement or pursue any legal or equitable remedy from the Released Parties should the grant fail to be fit for its purpose or is in any way unsatisfactory;
● accepts that the limitations, exclusions and disclaimers set out shall apply irrespective of the nature of the cause of action or claim, including, but not limited to, breach of contract, tort (including negligence) or any other legal theory and shall survive any consummation of the grant; and
● understands that Earth’s Own holds in trust for and on behalf of the Released Parties the benefit of the releases, limitations, exclusions and disclaimers set forth herein and such Released Parties are third party beneficiaries of such releases, limitations, exclusions and disclaimers.
Earth’s Own Liability
By entering the Contest (as an individual applicant, an applicant representative or a member of a group submitting an application), you (and your parent or legal guardian on your behalf if you are a minor) assume and accept any and all risks and liability arising out of or in connection with Earth’s Own Plant Project, this Contest, your submission, your project, and any activities related to the foregoing, as well as your acceptance, use and misuse of the grant (including funding and/or products), including, without limitation, any physical hazards, risks and dangers, injuries or losses that may occur to you or your property. You (and your parent or legal guardian on your behalf if you are a minor), on behalf of yourself and your assigns, heirs and successors, hereby agree to release, to hold harmless and to indemnify Earth’s Own, and each of its parent company, subsidiaries, affiliates, officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any and all claims, actions, damages, losses, debts, costs, expenses and liabilities of any kind, known or unknown, arising out of or in connection with Earth’s Own Plant Project, this Contest, your submission, your project, and your acceptance, use and misuse of the grant (including funding and/or products).

To the fullest extent permitted by law, the Released Parties shall not be responsible for, and shall bear no liability whatsoever in relation to, (i) any mechanical, technical, electronic or other failure; (ii) any malfunction or other problems of any nature whatsoever; (iii) the failure of any entry, request for information and/or other information to be received, captured or recorded for any reason whatsoever; (iv) anyone being incorrectly and/or mistakenly identified as a grant recipient; (v) any late, lost, misdirected, delayed, illegible, inaccurate or incomplete entries (all of which are void); (vi) the use of entries or any portion(s) thereof; (vi) the participation of applicants in the Contest, and/or (vii) the awarding, use or misuse of the grant or any component thereof.

Publicity
Publicity of Earth’s Own Plant Project is an essential component of Earth’s Own mission to educate Canadians on the importance of choosing a plant-based lifestyle. By submitting an entry, applicants (including each member of the applicant group or the applicant representative on behalf of the applicant organization) agree to the publication, reproduction and other uses of their name, address, voice, statements about the Contest and photograph or other likeness, in perpetuity, without further notice or compensation, in any publicity or advertisement carried out by or on behalf of Earth’s Own, in any manner or medium whatsoever, including without limitation print, broadcast or the internet. By accepting the grant, the recipient (including each member of the recipient group and the applicant representative) agrees to participate in targeted promotional activities, including media interviews, social media, and videos, as instructed by Earth’s Own.

Use of Grant Recipient Content
By participating in the Contest, applicants (including each member of the recipient group) acknowledge that they hold all ownership, intellectual property, proprietary and moral rights in the project and submission, including any variations and/or amendments thereto. Applicants acknowledge that they will have no claim or right to any royalties, monies or recognition of any other sort from Earth’s Own as a result of the submitted project or submission or to any variations and/or amendments to any and all part of the project or submission, other than as expressly granted in these Terms and Conditions and by Earth’s Own, at their sole discretion. Applicants retain ownership of all intellectual property related to their project and submission, including any variations and/or amendments thereto, but will hereby grant to Earth’s Own a worldwide, perpetual, irrevocable, non-exclusive, assignable license to use, broadcast, reproduce, publish, distribute, display and/or exhibit their project and submission, in whole or in part, including any variations and/or amendments thereto for Earth’s Own purposes, including on Earth’s Own’s website and social media platforms, and all amplification with paid media, including, without limitation:

● Instagram: @earthsown
● Facebook: @earthsown
● Tik tok: @earthsown
● Twitter: @earthsowncanada
● YouTube: Earth’s Own
● Blog: earthsown.com/blog

Accountability for Recipient: Reporting Requirements (Progress reports)

● Milestones & Goals: Once selected as the recipient of the grant, and before being declared as the recipient of the grant, the selected applicant will be required to outline their key milestones at the program onset via a Google Survey. Those goals will be reviewed and added to their contract.
● Contract: Once selected as the recipient of the grant, and before being declared as the recipient of the grant, the selected applicant will be required to sign a contract in which he, she or it will agree to a number of additional terms and conditions – most notably, an obligation to reimburse the full value of the grant if his/her/its project is not launched and operational by July 25, 2023.
● Progress Report: The grant recipient must submit a progress report at the midpoint of the project. The midpoint, it should be noted, will be different for every applicant, but in no circumstances later than six (6) months after the selection of the grant recipient. The recipient may be able to submit this report within a few weeks of receiving the grant or it may take several months. In order to prepare the Progress Report, the project will simply need to have made demonstrable progress towards its final goal. The report – which can simply be submitted in the body of an email – should include a summary of:
○ What has been accomplished to date
○ How Earth’s Own has been incorporated, if applicable
○ Any supporting materials, i.e imagery
● Progress Calls: In addition the foregoing, grant recipients may be requested to join phone and/or virtual Zoom calls with Earth’s Own or it’s agency partners on mutually agreed upon dates, project dependent. These calls will offer an opportunity to share updates, provide support, answer questions and gather relevant information for updates that can be shared on Earth’s Own social platforms.
● Funding: The grant recipient will receive 75% of his/her/its grant once he/she/it signs the contract, and the remaining 25% once he/she/it submits his/her/its progress report at the midpoint project check in.

Plant Project U
Grant recipients will join Plant Project U, where they will be provided with ongoing education, mentorship, networking opportunities and support from relevant experts. This includes a one-hour onboarding call with all selected grant recipients, followed by four one-hour mentorship courses taking place between September 2022 – September 2023.
Verification
All applicants, members of an applicant group, applicant representatives and entries are subject to verification at any time and for any reason. Earth’s Own reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Earth’s Own – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility or legitimacy of any entry or other information entered (or purportedly entered) for the purposes of this Contest; or (iii) for any other reason Earth’s Own deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with Earth’s Own interpretation of the letter and spirit of these Terms and Conditions. Failure to provide such proof to the complete satisfaction of Earth’s Own within the timeline specified by Earth’s Own may result in disqualification in the sole and absolute discretion of Earth’s Own. The sole determinant of the time for the purposes of this Contest will be the official time-keeping device(s) used by Earth’s Own

General Conditions
This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of Earth’s Own with respect to all aspects of this Contest are final and binding on all applicants without right of appeal. ANYONE DEEMED BY EARTH’S OWN TO BE IN VIOLATION OF ITS INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE TERMS AND CONDITIONS FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF EARTH’S OWN AT ANY TIME.

Earth’s Own reserves the right, in its sole and absolute discretion and subject to the prior approval of the Régie des alcools, des courses et des jeux in Québec, where necessary, to cancel, amend or suspend this Contest (or to amend these Terms and Conditions) in any way, for any reason, including in the event of any cause beyond the reasonable control of Earth’s Own that interferes with the proper conduct of this Contest as contemplated by these Terms and Conditions (including, without limitation, in the event of an accident, error (printing, administrative or otherwise), problem, tampering, unauthorized intervention, fraud or failure of any kind whatsoever.) Without limiting the generality of the forgoing, Earth’s Own reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances or to comply with applicable law. Earth’s Own also reserves the right, in its sole and absolute discretion, to adjust any of the dates, timeframes and other mechanics stipulated in these Terms and Conditions, to the extent deemed necessary by Earth’s Own, for purposes of verifying compliance by any applicant, submission and/or other information with these Terms and Conditions, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of Earth’s Own, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Terms and Conditions, or for any other reason.
Any attempt to undermine the legitimate operation of this Contest in any way (as determined by Earth’s Own in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, Earth’s Own reserves the right to seek remedies and damages to the fullest extent permitted by applicable law.

By entering this Contest, each applicant (including each member of the recipient group and the applicant representative) expressly consents to Earth’s Own, its representatives and agents collecting, storing, sharing and using the personal information submitted for the purpose of administering the Contest and in accordance with Earth’s Own’s privacy policy (available at: https://earthsown.com/privacy/). Earth’s Own will not sell, share or otherwise disclose applicants’ personal information with or to third parties, other than third-party service providers engaged by them to fulfill the above purposes or otherwise permitted or required by law. Applicants recognize that their personal information may be stored and/or processed outside Canada and, as such, it may be subject to foreign laws and it may be accessible to foreign governments, courts, law enforcement and regulatory agencies. This section does not limit any other consent(s) that an individual may provide Earth’s Own or others in relation to the collection, use and/or disclosure of their personal information. If applicants have any questions regarding Earth’s Own’s privacy policy and practices or those of its service providers, or if applicants wish to request access to, or correction of, their personal information, they may email Earth’s Own at [insert email].

In the event of any discrepancy or inconsistency between these Terms and Conditions and disclosures or other statements contained in any Contest-related materials, these Terms and Conditions shall prevail, govern and control to the fullest extent permitted by applicable law.
The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.

To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions or the rights and obligations of applicants, Earth’s Own or any of the other the Released Parties in connection with the Contest will be governed by, and construed in accordance with, the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.

FOR RESIDENTS OF QUEBEC: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.