These official rules (these "Program Rules") shall govern the voting process (the "Process") and your participation in Garden Gladiators Auditions (the "Program").
The Program and the Process are sponsored and administered by Johnny Appleseed Organic, LLC, located at 8555 Plummer Road, Jacksonville,Florida 32219 ("Appleseed"). Appleseed is sponsoring and administering the Program and the Process. The Program is an email and social media engagement campaign to build awareness and support for Appleseed's Garden Gladiators (the“Show”) applicants, as well as build engagement and interest in the Show (the"Purpose"). The Program, the Process, and all activities related thereto shall be sponsored, administered, and conducted with the view of furthering the Purpose.
NO PURCHASE NECESSARY TO PARTICIPATE OR VOTE. ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW.
By participating in the Process or theProgram, each of the voters, organizations, and any other person or entity participating in the Process or the Program agrees to be bound by the terms of these Program Rules and related Consent and Release Agreement, and understand the terms of provision such person’s information to Appleseed. Beginning on April 24, 2020 at 12:00 a.m. Central and ending August 31, 2019 at 11:59 p.m. Central (the "Voting Period"), the voters who meet the requirements set forth herein for Voter Eligibility ("EligibleVoters") will have an opportunity to vote for the program participant of their choice from among a list of Appleseed's Garden Gladiator applicants (“Eligible Applicants”) featured on JohnnyAppleseed.com/apply or affiliated sites during the Voting Period. Each Eligible Voter gets one (1) vote per day, plus three(3) votes per day for sharing in an online social network or channel approved by Appleseed provided no more than 1 vote, total per Eligible Voter per day during the Voting Period.
The voting process is subject to all applicable federal, state and local laws. Appleseed is not responsible for late, incomplete, void, corrupted, misdirected, or otherwise erroneous votes or for any problems, malfunctions or technical difficulties that arise in the Process or in the Program. Appleseed will not be required to count and may determine votes to be void, in its sole and absolute discretion, if a vote cast for an Eligible Applicant is late, lost, misdirected, incomplete, void, or corrupted, made in unlawful or illicit manner, or is otherwise erroneous, all as determined in Appleseed's sole and absolute discretion, including, but not limited to, (i) any votes later determined to be ineligible by Appleseed in its sole and absolute discretion,(ii) votes achieved through automated means by registering more than one user profile, using another Eligible Voter's name, as well as those that are achieved through other fraudulent or inappropriate means, (iii) votes made through 3rd party hiring or robots including but not limited to fake or disposable email addresses, as determined by Appleseed in its sole and absolute discretion, (iv) voter displaying unsportsmanlike conduct or in a manner otherwise inconsistent with these Program Rules, or (v) multiple and/or irregular votes from the same user or users, regardless of the source. Appleseed reserves the right to disqualify any in its sole and absolute discretion, if such Eligible Applicant receives votes in a manner described in the previous paragraph. Any Eligible Applicant that violates these Program Rules will automatically be disqualified from the Program AND will not be eligible for participation in the Show
All Eligible Applicants must meet the following conditions:
Any applicant determined to be ineligible at any time will be disqualified. Additionally, Appleseed reserves the right to eliminate an Eligible Voter's involvement and all votes cast through the Program if Appleseed, in its sole discretion, determines the Eligible Voter is not fully abiding by these ProgramRules or otherwise acting in an unsportsmanlike or inappropriate manner. Decisions by Appleseed will be final, binding and conclusive on all matters.
Appleseed will select and announce, at the Mother Earth News Fair in Seven Springs, Pennsylvania, semifinalists for the Show. Semifinalists will be determined as set forth below, provided, however, that in order for such Semifinalist to be eligible for the Show, such Semifinalist must be an Eligible Applicant that fulfills all the eligibility requirements described in these Program Rules as determined and in Appleseed's sole and absolute discretion.
Each Semifinalist will be selected based on criteria including audited, eligible and verified vote and share counts ("ballots"), which may vary to those displayed on the live website in real-time, and the votes of an Appleseed contestant committee.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, (I) THE ULTIMATE DECISION AS TO WHICH APPLICANT WILL RECEIVE SEMIFINALIST STATUS IN THE EVENT OF A TIE, AND (II) ALL OTHER MATTERS RELATED TO THE PROCESS AND PROGRAM,INCLUDING, BUT NOT LIMITED TO, HOW EACH SEMIFINALIST AND FINALIST IS SELECTED AND THE CRITERIA USED TO SELECT SUCH PRIZE RECIPIENT, WILL BE DECIDED AND ADMINISTERED BY APPLESEED, IN ITS SOLE AND ABSOLUTE DISCRETION, AND SUCH DECISION SHALL BE FINAL, BINDING, AND CONCLUSIVE ON ALL PARTICIPANTS IN THE PROGRAM, INCLUDING THE ELIGIBLE VOTERS, AND THE ELIGIBLE APPLICANTS.
The semifinalists will be announced on September 25-27, 2020 at the Mother Earth News Fair located at Seven Springs, Pennsylvania, and via Facebook, Twitter and other online social channels.
In the event of any Eligible Applicant's failure to fully comply with these Program Rules, Appleseed reserves the right to rescind any selection of such Applicant as a Semifinalist or Finalist for the Show.
Appleseedwill receive from each Eligible Applicant a short video for use on theProgram's website, and social and other media channels (collectively, the"Materials"). Eligible Applicants have the opportunity and areencouraged to post videos, photos, and other miscellaneous content on theirwebsite, online and other channels as deemed appropriate. Each EligibleApplicant grants Appleseed and its affiliates, perpetual, irrevocable,royalty-free, license to use the Materials and any other contents related to anEligible Applicant, including, but not limited to, such Eligible Applicant'sname, statements, photographs, videos, voice recordings and likeness for purposesof promoting the Program. Additionally, each Eligible Applicant consents to theusename, statements, photographs, videos, voice recordings andlikenesses for publicity purposes, as well as any other purpose associated withthe Program. Except as set forth above, each Eligible Applicant agrees suchgrant and consent is without restrictions or additional compensation orpermissio any kind.
FOR PURPOSES OF SECTIONS 8 THROUGH 11, ALL VOTERS IN THE PROCESS, INCLUDING ELIGIBLE VOTERS, ALL ELIGIBLE APPLICANTS, AND ANY OTHER ENTITY OR PERSON PARTICIPATING IN THE PROGRAM AND/OR THE PROCESS IN ANY CAPACITY SHALL INDIVIDUALLY BE REFERRED TO AS A "PROGRAM PARTICIPANT"AND COLLECTIVELY BE REFERRED TO AS THE "PROGRAM PARTICIPANTS".
EACH PROGRAM PARTICIPANT REPRESENTS AND WARRANTS THAT ANYTHING SUBMITTED,PROVIDED OR SHARED WITH APPLESEED IN CONNECTION WITH THE PROGRAM DOES NOT: (A)INFRINGE ON THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; (B) CONTAIN CONFIDENTIAL INFORMATION THAT VIOLATES ANY OBLIGATION OF CONFIDENTIALITY; (C)CONTAIN ANY VIRUSES, SPYWARE, MALWARE, OR OTHER MALICIOUS COMPONENTS THAT ARE DESIGNED TO HARM THE FUNCTIONALITY OF A COMPUTER IN ANY WAY; OR (D) CONTAIN INFORMATION THAT IS UNLAWFUL, INAPPROPRIATE, SLANDEROUS, LIBELOUS, DEFAMATORY,DISPARAGING DISCRIMINATORY, INDECENT, OBSCENE, HATEFUL OR TORTUOUS.FURTHERMORE, EACH PROGRAM PARTICIPANT REPRESENTS AND WARRANTS THAT SUCH PROGRAM PARTICIPANT HAS NOT AND WILL NOT TAKE ANY ACTION THAT INTERFERES WITH THE RIGHTS GRANTED TO APPLESEED UNDER THESE PROGRAM RULES.
THE PROGRAM MAY CONTAIN TECHNICAL OR OTHER ERRORS OR LIMITATIONS AND IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. APPLESEED DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT OF PROPRIETARY RIGHTS) AS IT RELATES TO THE PROGRAM. THE ENTIRE RISK AS IT RELATES TO THE PROGRAM IS ASSUMED BY EACH PROGRAM PARTICIPANT.
APPLESEED, IN ITS SOLE DISCRETION, RESERVES THE RIGHT TO SUSPEND, CANCEL OR MODIFY THE PROGRAM WITHOUT NOTICE OR LIABILITY IF THE INTEGRITY OF THE PROGRAM IS COMPROMISED IN ANY MANNER AS DETERMINED BY APPLESEED, OR IF THE PROGRAM IS NOT CAPABLE OF BEING CONDUCTED AS INTENDED BY APPLESEED. APPLESEED ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE TO ANY PROGRAM PARTICIPANT ORTO ANY OTHER PERSON'S COMPUTER RELATING TO, OR RESULTING FROM, ENTERING,ACCESSING OR DOWNLOADING ANY INFORMATION OR SOFTWARE IN CONNECTION WITH THE PROGRAM OR OTHERWISE PARTICIPATING IN THE PROGRAM. APPLESEED, ITS AGENTS, ANDITS REPRESENTATIVES ARE NOT RESPONSIBLE FOR TECHNICAL, HARDWARE, SOFTWARE OR TELEPHONE MALFUNCTIONS OF ANY KIND, LOST OR UNAVAILABLE NETWORK CONNECTIONS,PROBLEMS WITH THE PLATFORM ON WHICH THE PROGRAM APPLICATIONS RUN, TABULATION OF VOTES, THE INCORRECT UPLOADING OF VIDEO AND/OR PHOTOS, OR FAILED, INCORRECT,INCOMPLETE, INACCURATE, GARBLED OR DELAYED ELECTRONIC COMMUNICATIONS CAUSED BYA PROGRAM PARTICIPANT, FOR PRINTING OR TYPOGRAPHICAL ERRORS IN PROGRAM-RELATED MATERIALS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE PROGRAM, OR BY ANY HUMAN OR OTHER ERRORS THAT MAY OCCUR IN CONNECTION WITH THE PROGRAM.
BY PARTICIPATING IN THE PROCESS AND/OR THE PROGRAM, EACH PROGRAM PARTICIPANT AGREES TO THESE PROGRAM RULES AND TO BE BOUND BY THE DECISIONS OF APPLESEED. IN ADDITION, EACH PROGRAM PARTICIPANT AGREE TO RELEASE APPLESEED, ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS,AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND ALL OTHERS ASSOCIATED WITH THE DEVELOPMENT AND EXECUTION OF THE PROGRAM, FROM ANY AND ALL LIABILITY WITH RESPECT TO, OR IN ANY WAY ARISING FROM, OR IN CONNECTION WITH, THE PROGRAM ORTHE PROCESS, INCLUDING, BUT NOT LIMITED TO, ANY SUSPENSION, MODIFICATION OR CANCELLATION OF EITHER PROGRAM, SUBMISSIONS OR VOTES RECEIVED OR POSTED, AND/OR ACCEPTANCE OR USE OF THE DONATION OR PRIZES, INCLUDING LIABILITY FOR PERSONAL INJURY, DEATH, DAMAGES OR LOSS. APPLESEED IS NOT RESPONSIBLE FOR DONATION OR PRIZE QUALITY OR UTILITY. FURTHERMORE, BY PARTICIPATING IN THE PROGRAM, EACH PROGRAM PARTICIPANT AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS APPLESEED, IT'S AGENTS, AND THEIR RESPECTIVE PARENTS, AND ITS AND THEIR SUBSIDIARIES,AFFILIATES, SUCCESSORS, LICENSEES, AND ASSIGNS, AND EACH OF THEIR DIRECTORS,OFFICERS, AGENTS, EQUITY HOLDERS, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES,FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, COSTS, DAMAGES, LIABILITIES AND COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) WHICH ARISE OUT OF ANY BREACH OF THESE PROGRAM RULES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL APPLESEED BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT,INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF IT HAS BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.
EXCEPT WHERE PROHIBITED, EACH PROGRAM PARTICIPANT AGREES THAT: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROGRAM OR ANY DONATION OR PRIZES AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BYTHE APPROPRIATE COURT LOCATED IN JACKSONVILLE, FLORIDA, U.S.A.; (B) ALL ISSUES AND QUESTIONS CONCERNING THESE PROGRAM RULES AND THE PROGRAM SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF FLORIDA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES.
Appleseed may, in its sole and absolute discretion, choose to feature certain Eligible Applicants in the Program related materials. Being featured does not indicate Appleseed's preference for or endorsement of that particular Eligible Applicant, or its cause. JohnnyAppleseed.com, Garden Gladiators.com, or affiliated sites may contain links to other third party web sites. Appleseed does not control, nor is Appleseed responsible for, endorse or guarantee the content, products, services or other information or recommendations provided by linked sites, and are not liable for reliance on or use of such items on those sites. Your access, use and reliance upon such content, products or services are at your own risk.
APPLESEED RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO AMEND, CHANGE, CANCEL, OR SUSPEND THE PROGRAM AND/OR THE PROCESS(OR ANY PORTION OF THE PROCESS AND/OR THE PROGRAM) AT ANY TIME AND FOR ANY REASON, SHOULD A VIRUS, BUGS, MALICIOUS TAMPERING OR OTHER CAUSES BEYOND THE CONTROL OF APPLESEED CORRUPT THE ADMINISTRATION OF PROPER EXECUTION OF THE PROCESS (AS DETERMINED IN APPLESEED'S SOLE AND ABSOLUTE DISCRETION). APPLESEED RESERVES THE RIGHT TO AMEND OR CHANGE THESE PROGRAM RULES AT ANY TIME, IN ITS SOLE AND ABSOLUTE DISCRETION. AMENDMENTS WILL BE POSTED AT JOHNNYAPPLESEED.COM/APPLY. BY PARTICIPATING IN THE PROCESS AND/ORTHE PROGRAM, EACH PROGRAM PARTICIPANT CONSENTS TO BE BOUND BY ALL AMENDMENTS THAT MAY BE MADE.
Updated: April 23, 2020
Auditions will run until the Seven Spring Mother Earth News Fair in September 2020, unless closed earlier. We encourage applicants to apply now, so that our producers will have the fullest opportunity to consider you.
We want strong, authentic organic gardeners on the show, and a variety of personalities. We are not looking for professionally produced video from applicants - cellphone is fine. Your enthusiasm should show through. Maybe show a little of your garden, tell what your plans for this year are, what you have done in the past, projects you are proud of, projects that went awry - you submission should give us a quick sense of what you are about.
Once your video is accepted and posted, you and your friends are invited to vote for your video. Votes are accepted once per day, with individual votes counting one point, and social media shares counting three points. Links will be provided along with instructions for sharing on Facebook and Instagram.
"All Eligible Applicants must be U.S residents."
Applicants will be evaluated by Johnny Appleseed Orchards, LLC, Mother Earth News, and our Producers.
25% of contestant scoring is based on online voting as follows:
- One Vote per day per individual vote
- Three Votes per day per social share
Once your application is complete and accepted, you will be given a link to your video, and instructions for sharing on Facebook and Instagram, for your friends and followers to support you!