LIVIRI INDEPENDENT E-GROCER GRANT PROGRAM
Submission Period: The Submission Period begins on or about August 30, 2023, and ends at 11:59:59 PM Mountain Time (“MT”) on September 29, 2022 (the “Submission Period”).
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL DETERMINATIONS MADE BY SPONSOR ARE FINAL. ENTRY INTO THE CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES. VOID WHERE PROHIBITED BY LAW.
1. DESCRIPTION: The “Liviri Independent E-Grocer Grant Program” (the “Contest”) invites eligible entrants (each, an “Entrant” and collectively, “Entrants”) apply for a grant to provide resources that will assist in increasing entrant’s operational efficiency, as described in these Official Rules. The Sponsor of this Contest is Otter Products, LLC (d/b/a Liviri), 209 South Meldrum Street, Fort Collins, Colorado 80521 (“Sponsor”). Participation in the Contest constitutes each Entrant’s full and unconditional agreement to, and acceptance of, these Contest rules (“Official Rules”) and the decisions of Sponsor or its designee including, without limitation, decisions regarding eligibility of Entrants or the Winner (each term as defined below), Winner selection, and awarding of the Prize, each of which are final and binding in all respects. Winning the Prize is contingent upon being compliant with and fulfilling all other requirements set forth in these Official Rules.
The Contest will operate as follows:
Submission Review, Evaluation, and Judging: Concurrent with and immediately following the Submission Period, eligible Submissions will be evaluated by the “Liviri Selection Committee” (as that term is defined below) according to the criteria in Section 3 of these Official Rules.
Winner Notification: On or about October 6, 2023, one (1) eligible Entrant will be selected and notified as the winner of the Contest in accordance with Section 5 of these Official Rules (the “Winner”).
2. ELIGIBILITY AND PARTICIPATION: Each Entrant must meet the following eligibility criteria:
Entrant must be an independent grocer with three (3) or fewer physical retail locations physically located within the fifty (50) United States or the District of Columbia (excluding Puerto Rico, U.S. Virgin Islands, and all other United States territories) (the “Eligibility Area”).
Entrant must already have in place an eGrocery, click-n-collect, home delivery, or last mile delivery operation.
Entrant must NOT be under any contractual obligation with any company or organization that might be a conflict of interest or interfere with an Entrant’s ability to participate in the Contest. Conflicts of interest include, but are not limited to, other entities with which Entrant has a relationship where participation in this Contest could constitute a breach of an employment or other agreement.
Entrant must comply with his/her employer’s rules, regulations, and policies on accepting prizes, as well as any applicable federal, state, or local rules, regulations, and policies on accepting prizes
Entrant must be the rightful owner (or have authorized use) of the email address identified on the entry form. In the event of a dispute over the identity of an Entrant in the Contest, the Entrant will be deemed the authorized account holder (the natural person in whose name the email account was opened) of the email address associated with the Submission and he/she must comply with these Official Rules. In the event a dispute regarding the identity of an Entrant cannot be resolved to Sponsor’s satisfaction, the affected entry may be deemed ineligible and an alternate potential Winner will be selected.
Entrant must not be an employee, owner, shareholder, officer, or director of Sponsor or of any of Sponsor’s parent companies, affiliates, divisions, subsidiaries, agents, representatives, promotion and advertising agencies, together with the Immediate Family Members and/or those living in the same household of such persons (collectively, “Household Members”). For purposes of the Contest “Household Members” means those people who share the same residence at least three (3) months a year; “Immediate Family Members” means parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.
VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE OTHERWISE PROHIBITED BY LAW; certain states may impose additional eligibility requirements or restrictions.
3. HOW TO ENTER AND SUBMISSION CRITERIA:
How to Enter
During the Submission Period, eligible Entrants must follow the steps below to enter.
Entrant must visit the Contest website at https://cloud.email.liviri.com/egrocer-grant (“Website”) and follow the instructions to fully and accurately complete and submit the online entry form, including providing answers to all of the following questions: (i) Provide a brief overview of Entrant’s business; (ii) How many locations are there?; (iii) What communities does your business serve?; (iv) What are your current grocery delivery and/or e-grocery offerings?; (v) What are your current operational constraints?; (vi) Can you describe what impacts COVID has had on your grocery business? (vii) What are your needs in terms of tech platforms, freezers, fridges, training, etc.?; (viii) Do you have any issues with customer service that stems from tech platforms, freezers, fridges, training, etc.?; (ix) Can you describe why this equipment is a necessity to your business and how it will assist you in improving your operational efficiency?; and (x) Are there any state or municipal policies that would prevent you from receiving donated equipment?.
Step 3: Entrant must confirm that they have read, understand, and agree to the Official Rules and click “Submit” to receive one (1) entry into the Contest.
The completed entry form will be referred to as the “Submission.”
All Submissions must be received no later than September 29, 2023, at 11:59:59 PM MT. Limit one (1) Submission per Entrant, for the duration of the Submission Period. Sponsor reserves the right to edit or request the Entrant edit their Submission (as deemed necessary by Sponsor, in its sole discretion) and resubmit to comply with the Official Rules or to request that an Entrant edit or completely remove any content that may intentionally or unintentionally violate the Official Rules. Sponsor will determine in its sole discretion which Submissions have satisfied the eligibility requirements. Sponsor reserves the right to allow for minor fluctuations between the Entrant’s timing device based on clear intent to comply with the Official Rules, as determined at the sole discretion of Sponsor. Participation in the Contest constitutes Entrant’s understanding of, and full and unconditional agreement to, these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor’s decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally.
WINNER SELECTION: Eligible Submissions will be reviewed and scored by Sponsor’s representatives (“Liviri Selection Committee”) based on the criteria and weighting below. The Submission with the highest point score will be determined the potential Winner, subject to verification of eligibility, execution of the Prize Acceptance Forms (as that term is defined below), and compliance with these Official Rules. All decisions of the Liviri Selection Committee are final on all aspects of the Contest.
Demonstrates operational constraints: 35%
Outlines a plan for using Liviri equipment: 35%
Aligns with Liviri’s business model: 20%
Innovation of current eGrocery model: 10%
In the event of a tie, such tied Submissions will be reevaluated in accordance with the aforementioned criteria and the Submission with the highest point score on “Demonstrates operational constraints” will be deemed the potential Winner. Sponsor reserves the right to extend the Submission Period and all other dates associated with the Contest in the event an insufficient number of eligible Submissions are received, as determined by Sponsor, in its sole discretion. If no eligible Submissions are received, no Prize will be awarded. Judging scores will not be revealed.
5. WINNER NOTIFICATION: On or about October 6, 2023, one (1) potential Winner, as determined by the judging results will be notified via the email and/or at the phone number associated with the Submission. The potential Winner will be required to respond as directed by Sponsor to the notification within forty-eight (48) hours (or a shorter time if required by exigencies) of first attempted notification. The failure to respond timely to the notification may result in forfeiture of the potential Winner’s standing and, in such case, Sponsor may select an alternate potential Winner, based on the judging results. Prior to being declared the Winner, the potential Winner will be required to verify contact information and may be required to execute and return an affidavit of eligibility, a liability release, a confidentiality release and, unless prohibited by law, a publicity release and other related documents as may be required by Sponsor (collectively, the “Prize Acceptance Forms”) within a reasonable amount of time, as determined by Sponsor in its sole discretion. If the potential Winner is unable or unwilling to accept the Prize for any reason, Sponsor will continue selecting potential Winners based on the judging results until the Prize is accepted. A potential Winner is not a Winner unless and until the Entrant’s eligibility has been verified.
6. PRIZE DESCRIPTION: One prize consisting of: (i) Five Thousand Dollars (USD $5,000.00); (ii) twelve (12) Liviri Sprint50 totes; (iii) twenty-four (24) Sprint50 32F Ice Packs and twelve (12) Sprint50 5F Ice Packs; and (iv) two (2) Liviri Picking Carts; (collectively, the “Prize”) will be awarded by Sponsor to the Winner. Total approximate retail value (“ARV”) of the Prize: USD $7,200.00. The Prize is awarded “AS IS” and may not be transferred, and no substitution or cash equivalent is allowed, except in Sponsor’s sole discretion. All Prize details not stated in the above Prize description will be determined by Sponsor in its sole discretion. Sponsor reserves the right to substitute a Prize of equal or greater ARV for any reason. THE WINNER WILL BE SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE, AND/OR LOCAL TAXES, IF APPLICABLE, AND FOR ANY OTHER FEES OR COSTS ASSOCIATED WITH THE PRIZE RECEIVED. Sponsor will not replace a lost, mutilated, or stolen Prize that is undeliverable or does not reach the Winner because of an incorrect or changed address or other contact information. The Released Parties (as that term is defined below): (a) make no warranty, guaranty, or representation of any kind concerning the Prize (or any portion); and (b) disclaim any implied warranty concerning the Prize.
7. GENERAL CONDITIONS OF PARTICIPATION: Sponsor reserves the right to terminate, modify, or suspend the Contest if, in Sponsor’s sole discretion, there is any suspected or actual evidence of tampering with any portion of the Contest or if unauthorized intervention, fraud, technical difficulties, failures, or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest. In that event, Sponsor reserves the right (but does not have the obligation), in its sole discretion, to award the Prize to an Entrant from among eligible, non-suspect Submissions received during the Submission Period up to the time of suspected impairment. Any attempt to deliberately tamper with the Website or any other website associated with the Contest or to undermine the legitimate operation of the Contest is a violation of criminal and civil laws and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any person responsible for the attempt to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision or any other provision of these Official Rules. By participating in the Contest, each Entrant represents and warrants that he or she is in full compliance with the eligibility requirements set forth in Section 2 and each Entrant represents and warrants that the Submission is full compliance with the requirements set forth in Section 3 of these Official Rules. Submissions that do not comply with the above requirements may not be eligible and, if submitted, may be removed at any time in Sponsor’s sole discretion. Sponsor reserves the right in its sole discretion to disqualify any Submission or Entrant that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with these Official Rules. Without limiting the foregoing, by entering a Submission into the Contest, Entrant further represents and warrants that: (i) he/she has the legal right and authority to agree to these Official Rules; (ii) all information Entrant provides in connection with the Contest and Submission is and will remain true, accurate, and complete; (iii) such Submission is Entrant’s original, sole work; (iv) Entrant solely owns, or otherwise has the full right and permission to exploit, all of the rights in, to, and under, such Submission and to grant to Sponsor the rights and licenses set forth herein, and with respect to any third party materials that appear in or are otherwise incorporated or embodied in such Submission, Entrant has obtained express, written clearances from all owners of and rights holders in such third party materials as necessary to grant to Sponsor the rights and licenses set forth herein, and Entrant will provide such clearances to Sponsor upon request; (v) such Submission, and the use and other exploitation thereof by Sponsor and its designees, does not and will not infringe upon or violate any intellectual property rights or other rights of any third party; (vii) such Submission is not confidential and does not contain any confidential information; and (ix) in creating and submitting such Submission, Entrant has complied and will comply with all laws, rules, and regulations, and Entrant has not violated and will not violate any understanding or agreement by which Entrant is bound. Sponsor reserves the right (but has no obligation) to verify that all necessary rights, clearances, consents, releases, and/or permissions in connection with any Submission have been obtained, and to disqualify any Entrant from the Contest and/or to refuse, reject, remove, or delete any Submission if Sponsor determines at any time that all necessary rights, clearances, consents, releases, and/or permissions have not been obtained. Entrant agrees to cooperate with Sponsor in any verification or inquiries related to the foregoing. This Section 7 will survive any expiration or termination of these Official Rules.
8. GRANT OF RIGHTS: Each Entrant and the Contest Winner hereby irrevocably grants to Sponsor, its designees, affiliates, successors, and assigns, the non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display the Entrant’s name, likeness, and Submission in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media, and all forms of internet and wireless protocol in perpetuity and throughout the universe for any purpose, including without limitation, advertising, and promotional purposes as well as in, on, or in connection with the Website or the Contest or other promotions, and hereby release Sponsor from any liability with respect thereto. Sponsor will have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each Entrant and the Winner irrevocably waives any and all so-called moral rights they may have therein.
10. RELEASE AND INDEMNITY: By participating in the Contest, each Entrant, to the maximum extent permitted by law, hereby agrees to forever and irrevocably release, indemnify, and hold harmless Sponsor and its affiliates, subsidiaries, those working on its behalf, the manufacturer(s) or other source of the Prize, and each of their respective officers, directors, representatives, employees, agents, successors, and assigns (“Released Parties”) from and against all claims, damages, losses, costs, judgments, settlements, and expenses (including, without limitation, reasonable attorney fees) or other liability, either at law or equity, whether known or unknown, asserted or non-asserted (collectively, “Losses”), that may arise from or is in any way related to: (i) the Contest or participation in the Contest; (ii) an Entrant’s breach of any representation, warranty, or covenant in these Official Rules, any affidavit/release, Prize Acceptance Forms, or other document in connection with the Contest, or any other terms and conditions (including of third parties) to which Entrants may be bound; (iii) Submissions and any other materials and information provided in connection with the Contest or any claim that a Submission or the use thereof infringe upon or violate the intellectual property rights or other rights of, or harm, any third party (including without limitation past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity, or violation of any rights related to the foregoing); or (iv) acceptance, receipt, possession, use, or misuse of the Prize, including without limitation personal injury, death, and/or property damage. For clarity, any third party manufacturer(s) or other source(s) of the Prize bear no responsibility for the Contest, and Entrants and the Winner waive any and all claims of liability against them.
11. LIMITATION OF LIABILITY: Sponsor is not responsible for: (i) incorrect or inaccurate transcription of Submission information or late, lost, stolen, unintelligible, illegible, damaged, altered, incomplete, misdirected Submissions, or Submissions received through impermissible or illegitimate channels, all of which will be disqualified from the Contest; (ii) any technical errors associated with the Contest, including lost, interrupted, or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility, or failed computer, satellite, telephone, cellular tower, or cable transmissions, lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures, or difficulties; (iii) mechanical, network, electronic, computer, human, printing or typographical errors; (iv) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, announcement of the Winner, the cancellation or postponement of the Contest, or in any Contest-related materials; and (v) injury, death, losses, or damages of any kind, to persons or properties which may be caused, directly or indirectly, in whole or in part, from Entrants’ participation in the Contest or acceptance, receipt, use, or misuse of the Prize. BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; (B) ANY AND ALL LOSSES WILL BE LIMITED TO ACTUAL THIRD PARTY, OUT-OF-POCKET COSTS INCURRED, AND IN NO EVENT WILL ATTORNEY FEES BE AWARDED OR RECOVERABLE; AND; (C) UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THE CONTEST. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
12. DISPUTES: Any and all disputes, Losses, and causes of action arising out of or in connection with the Contest must be resolved individually, without resort to any form of class action. The Contest will be governed by, and construed in accordance with, the laws of Colorado, without giving effect to its conflicts of laws principles. Any action or litigation arising out of or relating to the Contest must be instituted in the United States federal courts located in Colorado, or the state courts located in Larimer County, Colorado, and each Entrant expressly consents to the jurisdiction of, and venue in, those courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Each Entrant agrees to service of process by mail or other method acceptable under the laws of Colorado.
13. SEVERABILITY: If any provision of these Official Rules, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible, or, if incapable of such enforcement, shall be deemed to be deleted from these Official Rules, and the remainder of these Official Rules and such provisions as applied to other persons, places and circumstances shall remain in full force and effect.
14. NON-ENDORSEMENT: The use of any non-Sponsor trademarks, service marks, logos, or other marks in connection with the Contest or the Prize is not meant by Sponsor to imply the endorsement of the respective owner(s) of such marks, or any affiliation of the respective owner(s) of such marks with the Website or the Contest.
15. MISCELLANEOUS: Any heading, caption, or section title contained in these Official Rules is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. In the event of any conflict between any information provided on the Website, the Sponsor’s other websites, or otherwise, regarding the Contest (such as a “F.A.Q.”), on the one hand, and these Official Rules, on the other, these Official Rules govern. These Official Rules, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by Sponsor without restriction. The licenses, rights, waivers, and releases granted by you herein, and all warranties, indemnities, and other provisions of these Official Rules that may reasonably be interpreted or construed as surviving the expiration or termination of these Official Rules, will survive any expiration or termination of these Official Rules.
16. WINNER LIST: To obtain the name of the Winner, send your request along with a stamped, self-addressed envelope (residents of Vermont do not have to include return postage) to “Liviri Independent E-Grocer Grant Program Winner List,” 209 S. Meldrum St. Fort Collins, CO 80521. Requests for the name of the Winner must be received no later than December 31, 2023.
These Official Rules ©2023 Otter Products, LLC. All rights reserved.