NEWMAN’S OWN $100K Community Giveaway Promotion (“Promotion”)

Official Rules

 

NO PURCHASE NECESSARY.

Open only to legal U.S. residents.* Void where prohibited by law.

* If you are a minor in your jurisdiction of residence (generally, under 18 years of age), you are strongly advised to obtain the permission of your parent/legal guardian before participating in the Promotion.

By participating in the Promotion, you (if a minor in your jurisdiction of residence, your parent/legal guardian) agree to these Official Rules as well as the decisions of Newman’s Own Foundation (“Newman’s Own Foundation”) and Goodmatch Inc. (dba Grapevine) (“Grapevine”), which are final and binding in all respects.

1. Promotion Overview: Newman’s Own Foundation is looking for input from Newman’s Own Community Fund Members (“Member” or “Members”) as to which non-profit organizations or social impact organizations (collectively, “non-profit organizations”) will receive grant monies from Newman’s Own Community Fund and the amounts of such grants. Members will not receive any prize, gift, award or other compensation/consideration of any kind in exchange for their participation in the Promotion. Without limitation, Members cannot claim any tax deduction or charitable benefit of any kind in conjunction with voting for a non-profit organization as part of the Promotion.
2. Promotion Period: November 1, 2023, at 12:00 p.m. (noon) Eastern Time (“ET”) – November 28, 2023, at 11:45 p.m. ET. Grapevine’s computer is the official clock for all purposes of this Promotion.
3. To Vote: During the Promotion Period, go to https://www.grapevine.org/giving-circle/GrdhAeA/Newman-s-Own-Community-Fund (“Website”). Sign in as a Newman’s Own Community Fund Member.** The page will list non-profit organizations selected by Newman’s Own Foundation, which are grouped in two (2) different categories: “Nutritious Food in Schools” and “Indigenous Food Justice.” Vote once for one (1) non-profit organization per category. (As preferred, Member may vote for a non-profit organization in one [1] or both of the two [2] categories.) Limit of one (1) vote per Member per category. While Members are encouraged to donate to the pooled fund (as opposed to a specific non-profit organization), doing so is NOT required to cast a vote NOR will making a donation (or the amount of any such donation) in any way affect the results of the voting. Should Member choose to make any such donation, (a) Newman’s Own Foundation will match the total amount of the pooled fund up to $10,000; and (b) they will receive a donation receipt from the Grapevine Giving Foundation, a non-profit organization registered under Section 501(c)3 of the Internal Revenue Code but it is the sole responsibility of the Member to consult with his/her/their accountant or other tax professional to determine whether such donation is tax deductible in accordance with applicable law (and the extent of any such tax deduction), with the Released Parties (as defined below) disclaiming any and all liability as to same. IF YOU ARE A MINOR IN YOUR JURISDICTION OF RESIDENCE, YOU MUST OBTAIN THE PERMISSION OF YOUR PARENT/LEGAL GUARDIAN BEFORE MAKING A DONATION TO THE POOLED FUND.

** If you are not already a Newman’s Own Community Fund Member, you can join for free by following the prompts on Website to become one by providing your name and e-mail address as required. If you are a minor in your jurisdiction of residence, you are strongly advised to obtain the permission of your parent/legal guardian before becoming a Member. You (if a minor in your jurisdiction of residence, your parent/legal guardian) are also strongly advised to carefully review the Website’s privacy policy accessible at https://media.grapevine.org/docs/grapevine-privacy.pdf/, addressing the collection, using and sharing of your personal information before becoming a Member.

4. Additional Restrictions on Voting: Use of any automated, programmed or similar means to vote are prohibited and will result in disqualification; the use of same may also constitute tampering as per Rule 9 below. Receipt of vote may be acknowledged, but any such acknowledgment is not otherwise binding upon Newman’s Own Foundation or Grapevine. Proof of transmission of vote does not constitute proof of receipt of same or proof of casting vote. Participation via mobile device may result in imposition of wireless Internet access charges and perhaps other fees which are the sole responsibility of voter. In the event of a dispute over the identity of a Member/voter, the vote in question will be deemed to be submitted by the Authorized Account Holder of the e-mail account used to sign up as a Newman’s Own Community Fund Member as per the business records of Grapevine. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
5. Determination of Non-Profit Organizations Receiving Grants: On or about November 29, 2023, Newman’s Own Foundation or its representative will total the votes received for each non-profit organization in each category. As per Rule 6 below, the non-profit organizations in each category with the three highest vote totals will receive grants from the Newman’s Own Foundation Community Fund, a donor advised fund administered by Grapevine and the Grapevine Giving Foundation, with Newman’s Own Foundation as the fund’s donor advisor. (See Rule 6 below for awarding of grants if multiple non-profit organizations in either category have the same number of votes among the three highest vote totals in a category). Newman’s Own Foundation and Grapevine expressly reserve the right to modify vote totals as well as rankings/leaderboards posted on Website or elsewhere without notice, liability or obligation of any kind should Newman’s Own Foundation/Grapevine discover an error or omission in same. Newman’s Own Foundation will privately send an e-mail communication to the authorized representatives of those non-profit organizations qualifying to receive grant monies pursuant to the Promotion. Subject to the terms of its agreement with the non-profit organization qualifying to receive grant monies† (“Qualifying Non-Profit Organization”), Newman’s Own Foundation reserves the right in its sole discretion to condition award of grant monies to such Qualifying Non-Profit Organization or an authorized representative of same completing, signing and returning additional documentation within a prescribed time period. Qualifying Non-Profit Organization will be disqualified with any obligation of Newman’s Own Foundation to award the grant monies to same being null and void (notwithstanding the results of the voting) if: (a) an authorized representative of such Qualifying Non-Profit Organization cannot be contacted by Newman’s Own Foundation despite its commercial reasonable efforts to do so; (b) Qualifying Non-Profit Organization is determined by Newman’s Own Foundation to be ineligible, in violation of these Official Rules or in breach of its agreement with Newman’s Own Foundation (including but not limited to improperly utilizing any materials furnished by Newman’s Own Foundation to be used to inform the public of the Promotion); or (c) Qualifying Non-Profit Organization fails to timely return any completed/signed additional documentation (if and as applicable). In the event of disqualification, any obligation of Newman’s Own Foundation to advise that Grapevine Foundation award the grant monies to such Qualifying Non-Profit Organization shall be null and void (notwithstanding the results of the voting) and the non-profit organization with the next highest vote total in the applicable category as confirmed by Newman’s Own Foundation will be selected as a replacement Qualifying Non-Profit Organization and must comply with the preceding conditions.

† Should there be any conflict between these Official Rules and the terms of the agreement between Newman’s Own Foundation and a non-profit organization, these Official Rules will prevail, govern and control only with respect to the Promotion and, in all other respects, the terms of such agreement will prevail, govern and control.

6. Grant Awards:

Highest Vote Total in each category: $25,000 and a pro-rated twenty-five percent (25%) share of the total pooled and matched funds raised as per Rule 3 above.‡

Runner-Up/Second Highest Vote Total in each category: $15,000 and a pro-rated fifteen percent (15%) share of the total pooled and matched funds raised.

Second Runner-Up/Third Highest Vote Total in each category: $10,000 and a pro-rated ten percent (10%) share of the total pooled and matched funds raised.

‡ By way of example, if Newman’s Own Community Fund Members choose to make donations to the pooled fund in the amount of $10,000, then Newman’s Own Foundation would match such donations, increasing the total amount donated to the pooled fund to $20,000. In such case:

• • the Qualifying Non-Profit Organization with the Highest Vote Total in each category would receive an additional $5,000 (twenty-five percent [25%]), increasing the grant amount to a total of $30,000.
  • the Runner-Up Qualifying Non-Profit Organization in each category would receive an additional $3,000 (fifteen percent [15%]), increasing the grant amount to a total of $18,000.
  • the Second Runner-Up Qualifying Non-Profit Organization in each category would receive an additional $2,000 (ten percent [10%]) increasing the grant amount to a total of $12,000.

If multiple Qualifying Non-Profit Organizations in either category have the same number of votes among the three highest vote totals in a category:

• • If multiple Qualifying Non-Profit Organizations are tied with the highest number of votes:

1. 1. 1. If two (2) Qualifying Non-Profit Organizations are so tied, the combined total of the grant amounts for the Highest Vote Total and Second Highest Vote Total in that category will be split equally among the two (2) Qualifying Non-Profit Organization with each Qualifying Non-Profit Organizations receiving $17,500. In such case, no grant will be awarded to the Runner-Up Qualifying Non-Profit Organization in that category.
      2. If three (3) or more Qualifying Non-Profit Organizations are so tied, the combined total of the grant amounts for the Highest Vote Total, Second Highest Vote Total and Third Highest Vote Total in that category will be split equally among the tied Qualifying Non-Profit Organizations. By way of example, if four (4) Qualifying Non-Profit Organizations are so tied, each Qualifying Non-Profit Organization will receive $12,500. In such case, grants will not be awarded to the Runner-Up or Second Runner-Up Qualifying Non-Profit Organizations in that category.

• • If multiple Qualifying Non-Profit Organizations are tied with the second highest number of votes:

If two (2) or more Qualifying Non-Profit Organizations are so tied, the combined total of the grant amounts for the Second Highest Vote Total and Third Highest Vote Total in that category will be split equally among the tied Qualifying Non-Profit Organizations. By way of example, if (2) Qualifying Non-Profit Organizations are so tied, each Qualifying Non-Profit Organizations will receive $12,500. In such case, no grant will be awarded to the Second Runner-Up Qualifying Non-Profit Organization in that category.

• • If multiple Qualifying Non-Profit Organizations are tied with the third highest number of votes:

If two (2) or more Qualifying Non-Profit Organizations are so tied, the grant amounts for the Third Highest Vote Total in that category will be split equally among the tied Qualifying Non-Profit Organizations. By way of example, if (2) Qualifying Non-Profit Organization are so tied, each Qualifying Non-Profit Organizations will receive $5,000.

Grants will be awarded via ACH payment by Grapevine Giving Foundation in its capacity as administrator of a donor advised fund for Grapevine and Newman’s Own Foundation (as discussed above). Grants will be issued by Grapevine Giving Foundation in accordance with its standard policies and procedures, after Newman’s Own Foundation’s verification of non-profit organization’s status as a Qualifying Non-Profit Organization. It is understood that the grant may not be issued to Qualifying Non-Profit Organization by Grapevine Giving Foundation in calendar year 2023 and, in such event, Newman’s Own Foundation, Grapevine, and Grapevine Giving Foundation will not have any liability in conjunction therewith. Subject to the terms of Newman’s Own Foundation’s agreement with such Qualifying Non-Profit Organization as well as any applicable policies/guidelines of Grapevine and Grapevine Giving Foundation, the grant may be used by Qualifying Non-Profit Organization for any charitable purpose in furtherance of its mission.

7. Release of Liability: By participating in the Promotion, a voter (if a minor in his/her/their jurisdiction of residence, his/her/their parent or legal guardian) releases and agrees to hold harmless Newman’s Own Foundation, Grapevine, Grapevine Giving Foundation, their respective parent companies, subsidiaries, affiliates, divisions as well as the directors, officers, agents, shareholders, representatives, successors and assigns of any of the foregoing entities (“Released Parties”) from any and all liability of any kind arising, in whole or in part, directly or indirectly, from the Promotion or any Promotion-related activity.

8. Limitations of Liability: Newman’s Own Foundation disclaims any liability under any legal theory for errors of any kind in the design or implementation of the Promotion. Newman’s Own Foundation’s failure to enforce any provision of these Official Rules in a given instance shall not constitute the waiver of such provision. Newman’s Own Foundation also assumes no responsibility for (a) any votes that are late, lost, garbled, incomplete, inaccessible, blocked, corrupted, jumbled, misdirected, delayed or damaged, regardless of cause (and all of which are void); or (b) technological, programming, electronic, or other error/malfunction/failure of any kind which interferes with the intended operation of the Promotion. If Newman’s Own Foundation determines in its sole discretion that the Promotion cannot be conducted as originally planned due to any cause beyond its control (e.g., pandemic/epidemic, natural cataclysm, riot, strike, imposition of martial law, civil disorder, governmental action or materials shortage), Newman’s Own Foundation may cancel, modify or suspend the Promotion and, determine the Qualifying Non-Profit Organizations in each category receiving grants (and the amounts of the grant received by each such Qualifying Non-Profit Organization) in a manner that Newman’s Own Foundation in its sole discretion determines is fair, appropriate and consistent with these Official Rules. Notice of such action will be posted by Newman’s Own Foundation on Website.

9. Tampering; Fraud: Any action taken by or on behalf of a non-profit organization which interferes, impedes or tampers with the intended operation of the Promotion or other fraudulent conduct of any kind (including, without limitation, the offer of any gift, award, prize, benefit or compensation/consideration of any kind in exchange for voting for a given non-profit organization and/or refraining from voting for a non-profit organization; voting for a given non-profit organization in excess of the limit set forth in Rule 3 above) will result in the voiding of “tainted” votes determined by Newman’s Own Foundation and Grapevine in their sole discretion to be attributable to same as well as Newman’s Own Foundation (a) withholding grant monies from the non-profit organization benefited by such conduct (if applicable); (b) voiding its agreement with the non-profit organization; and perhaps (c) legal sanctions. Should an individual engage in any of the above conduct, Newman’s Own Foundation will petition Grapevine to terminate their membership on its platform and also reserves the right to pursue legal sanctions.

 SPONSOR: NEWMAN’S OWN FOUNDATION, One Morningside Drive North, Westport, CT 06880.