Yasso Rewards Program
Rules and Release
1. Eligibility. This Yasso Rewards Program: Rules and Release (the “Rules”) form a legally binding agreement between you (sometimes also a “Member”) and Yasso, Inc. (“Yasso”), effective as of the date you create an account for Membership (defined below) (the “Effective Date”), and provide the terms on which you may participate in the Yasso Rewards Program (the “Program”). Membership to and participation in the Program (the “Membership”) is limited to individuals who are a legal resident of the United States and the District of Columbia and the age of majority as of the Effective Date of his/her/their state of residence, who sign up for the Program herehttps://yasso.com/pages/rewards and post a photo or short video between 10-30 seconds of himself, herself, or their self enjoying any Yasso product(s) (the “Product”) on his/her/their public Instagram or TikTok account (the “Post,” which together with any related materials and information you provide, constitutes the “Submission”) for use by Yasso as provided herein, in exchange for the codes (each and collectively, the “Codes”) to redeem the following rewards (each and collectively, the “Rewards”) on www.Yasso.com (the “Website”), which are given based on the number of qualifying Posts: (i) 1 Post: free shipping on your next order of 1, 8 or 10 pack of Products; (ii) 5 Posts: 1 free 8 pack of Product (inclusive of shipping); and (iii) 10 Posts: $100 USD grocery store or VISA/American Express gift card. Each Post must be submitted during the Program Period (defined below), and must utilize truthful messaging points and/or depict your actual, honest experience with the Product, tag @yasso if posting on Instagram or @yassofroyo if posting on TikTok, and utilize the #YassoLover and #RewardsProgram hashtags and any other FTC compliant and conspicuous disclosure per the FTC endorsement guides available herehttps://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf (the “FTC Guides”), and incorporate any other guidelines requested by Yasso. Each Post must be original and materially different from any previously submitted Posts. Without limitation, the Submissions may NOT include any music, text, stickers, or other brands or logos. For clarity, the Rewards reset each time you reach 10 Posts (e.g. the 11th Post will constitute the first Post and entitle you to the corresponding Reward).
Employees of Yasso and their advertising and Program agencies, and any other entities participating in the design, promotion, marketing, administration or fulfillment of this Program, as well as each of their parent corporations, subsidiaries and affiliated companies (collectively, the “Program Entities”), and each of their immediate families and members of their households are ineligible to participate in this Program. You must have a public TikTok or Instagram account. No purchase or payment of any kind is necessary to become a Member. Online entry is the only method of entry. Incomplete, false, or deceptive Submissions are void. Void where prohibited. Additional restrictions may apply.
BY BECOMING A MEMBER, YOU AGREE TO BE BOUND BY THESE RULES AND THE POLICIES (DEFINED BELOW).
2. Changes and Other Rewards Terms. Odds of receiving the Codes and corresponding quantity of Rewards redeemed depend on the number of qualifying Submissions received during the Program Period. Due to the nature of the Rewards, not all Rewards will have a calculable retail value. However, the estimated retail value of each Reward is between (each an “ERV”): between $15 - $100 USD; and $100 USD for each gift card. Any applicable federal, state and local taxes and liabilities arising from this Program, including, without limitation, excise tax (including sales tax), and other expenses not specifically set forth herein are the sole responsibility of each Member. Each Member shall provide, upon Yasso’s request, all available information that Yasso may reasonably require to fulfill its obligations under any national, state, provincial, or local tax statute, regulation, or rule. Each Member acknowledges that Yasso will rely upon such information to prepare all relevant tax materials, if any, including the Internal Revenue Service form 1099.
All Members who agree to these Rules and provide Submissions as provided above will receive a corresponding Code(s) as soon as practicable to the email provided with your Membership after Yasso or its Program Entities has verified Member’s eligibility pursuant to these Rules. By entering this Program, Member accepts and agrees to these Rules and the decisions of Yasso, which shall be final in all matters.
Yasso may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion by posting any such changes or termination on the Website, any of its social media platforms, or revising these Rules to reflect the same (the “Program Period”). YOUR CONTINUED USE OF THE WEBSITE OR PROVISION OF SUBMISSIONS FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
Yasso reserves the right to exclude individuals from the Program in its sole discretion. Any abuse of the Program, failure to follow any terms of the Program, any misrepresentation or any conduct detrimental to the interests of Yasso may subject Members to Membership revocation and will affect eligibility for further participation in the Program. Membership and Codes are non-transferable and purchases/redemption of the Rewards must be made by the Member. If your Membership is revoked or otherwise cancelled, any Codes in your account will automatically expire. Unless otherwise provided, all Codes issued in 2022 must be redeemed on or before 11:50pm EST on December 31, 2022.
3. Grant of Rights. Except where prohibited by law, by participating in the Program or accepting any Code or Reward, you hereby irrevocably and exclusively grant to Yasso, the Program Entities, and their licensees, vendors, representatives, affiliates, and assigns (collectively with Yasso, the “Licensed Parties”), an irrevocable, royalty-free and fully paid up right and license (but not obligation) to use the Member’s name, image, likeness, voice, biographical information and any information, content, and intellectual property therein and thereto in connection with each Submission (collectively, the “Materials”), throughout the universe, in perpetuity in any and all media, whether now or hereafter known or devised, for any and all purposes, including but not limited to commercial or advertising purposes, without review, credit, permission, or further compensation or consideration. Without limitation, each Member understands and agrees that the rights granted herein include reproduction and/or exploitation of the Materials or derivatives thereto, in whole or in part, in any media throughout the world, in perpetuity and throughout the universe as may be conferred upon the Licensed Parties under all applicable laws, regulations, or directives. Member hereby irrevocably waives all so-called “moral rights of authors” and “droit moral” rights (and any similar rights under the laws of any country of the world) in connection with the Materials and exploitation of any nature.
4. Representation and Warranties. You represent and warrant that: (i) you are the only creator of the content included in your Submission, and all such content is original to you (or, if someone else has produced or appeared in any content included in your Submission, that you have obtained all necessary licenses and permission from that person in order to use (and grant permission for the use of) such in the manner contemplated or permitted by these Rules); and (ii) none of the following will violate any right of any third party or any applicable law or regulation, including but not limited to the FTC Guides. YASSO DOES NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY CODE, REWARD, OR COMPONENTS OF THE SAME, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
5. Waiver of Injunctive Relief. You understand that the Licensed Parties are relying on these Rules and will incur significant expense in reliance on these Rules, and hereby irrevocably agree that these Rules cannot be terminated, rescinded, or modified, in whole or in part by you. You hereby irrevocably waive your right to injunctive and other equitable relief in the event of a dispute in connection with these Rules and the subject matter herein.
6. Release and Indemnity. To the fullest extent permitted under the law, you hereby release the Licensed Parties and all social media platforms the Submissions appear on, including but not limited to, Instagram and TikTok, and each and every officer, director, shareholder, representative, consultant, contractor, and employee (collectively with the Licensed Parties, the “Released Parties”) from any liability, based upon any of the rights referred to herein or otherwise arising in connection with the Program, including, without limitation, claims for defamation, publicity and privacy infringement, and claims arising from any use of the Submissions, and agree to indemnify and hold harmless the Released Parties from all claims resulting from my breach or alleged breach of these Rules or any of your representations and warranties herein. The Released Parties are not responsible for: (i) lost, late, misdirected, undeliverable or incomplete Submissions due to system errors or failure, or faulty transmissions or other telecommunications malfunctions; (ii) technical failures of any kinds; (iii) failures of any of the equipment or programming associated with or utilized in the Program; (iv) unauthorized human and/or mechanical intervention in any part of the entry process or the Program; (v) technical or human error which may occur in the administration of the Program or the processing of Submissions; or (vi) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or part, from Member’s participation in the Program or receipt or use of any Code or Reward. If for any reason your Submission is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, your sole remedy is another submission in the Program. Yasso reserves the right, at any time in its sole discretion, for any or no reason, to cancel, change, and/or reschedule the Program, or to reject or withdraw any Submission from the Program.
7. Confidentiality and Limitations of Use. You may generally reference your participation in the Program on truthful and positive terms, but agree not to make any commercial or other use of the fact that you provided a Submission, unless mutually agreed in writing. Neither you nor anyone acting on your behalf shall at any time use any of Yasso’s names, logos, trade names, or trademarks for any commercial purpose or manner whatsoever.
9. No Association. This Program is in no way sponsored, endorsed or administered by or otherwise associated with Instagram, Facebook, TikTok, YouTube or any other third party platform.
10. Applicable Laws; Dispute Resolution. This Program is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Rules shall be governed by the laws of the State of Colorado without regard to any principles of conflict of laws. Should there be a conflict between the laws of the State of Colorado and any other laws, the conflict will be resolved in favor of the laws of the State of Colorado. All disputes arising out of or connected with this Program will be resolved individually, and without resort to class action, exclusively by binding arbitration by a single arbitrator in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association in Boulder, Colorado. The arbitrator shall be an expert in the field of intellectual property law and marketing. All parties shall bear their own expenses, except that parties shall equally share the expenses of the arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the related claim). The prevailing party may seek an award of its reasonable outside attorneys’ fees and costs incurred. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
11. Financial Incentives Disclosure. The California Consumer Privacy Act of 2018’s (“CCPA”) implementing regulations define a “financial incentive” as a program, benefit or other offering “related to the collection, deletion, or sale of personal information.” Our collection of Member’s personal information (including legal name, address, state, country, zip code, email, and Instagram or TikTok user name) allows Yasso to effectuate the Program. We estimate the value of a Member’s personal information solely for purposes of the CCPA and pursuant to the valuation options mandated by the CCPA regulations, to be reasonably related to the value of the offer or discount presented to you. You may participate in the Program as provided in Section 1 and may opt out pursuant to the Policies.
12. No Waiver. Yasso’s failure to insist on or enforce strict performance of these Rules shall not be construed as Yasso’s waiver of any provision or any right it has to enforce these Rules, nor shall any course of conduct between Yasso and you or any other party be deemed to modify any provision of these Rules.
13. Miscellaneous. This is the complete agreement between the parties, and it supersedes all prior and contemporaneous understandings and communications, both oral and written, with respect to such subject matter. The illegality, invalidity or unenforceability of any provision of these Rules shall in no way affect the validity or enforceability of any of the remainder of such Rules, which shall be enforced to the maximum extent permitted by law. These Rules shall be construed neutrally and not against any party by reason of the drafting or preparation of these Rules.
By signing up for a Membership or participating in the Program, you acknowledge that you have read and understood all of the terms of these Rules and that you are VOLUNTARILY giving up certain legal rights, including, without limitation, your right to sue the Released Parties