Summary of Application and Selection
Tell us what you would do if you were to get the chance to be a product tester.
You must be at least 18 years old and live in the United States
When evaluating applicants, we will take into account the following:
- The quality of the answer
- Points
- Number of followers on Twitter
- An expertise relevant to the product
Official Terms
NO PURCHASE NECESSARY TO ENTER OR RECEIVE AN INVITATION. VOID WHERE PROHIBITED.
VALID IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY.
SUBMISSION OF AN APPLICATION CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL TERMS.
Welcome to Nomiku, an exclusive opportunity to become a product tester for Nomiku. Product testers will receive a product to test and review. Nomiku is an online application process (“#ifihad”), in which participants must submit an essay (and optional additional content) that answers the question: “What would you do if you had Nomiku?” (“Application”). The Applications will be reviewed by a panel of independent content moderators, who will evaluate the Applications in accordance with these Official Terms (“Terms”). The invitation to become Product Testers will be extended to participants whose Applications receive the highest scores in the judging criteria. See below for the complete details.
1. BINDING AGREEMENT
In order to enter Nomiku, you must agree to these Terms. Therefore, please read these Terms prior to entry to ensure you understand and agree. You agree that submission of an Application to Nomiku constitutes agreement to these Terms. You may not submit an Application to Nomiku and are not eligible to receive the opportunity to become a Product Tester unless you agree to these Terms. These Terms form a binding legal agreement between you and the Sponsors (as defined below) with respect to Nomiku.
2. ELIGIBILITY
To be eligible to submit an Application to Nomiku, you must be: (1) a legal resident of and physically located in the 50 United States or the District of Columbia; (2) at least 18 years of age or older at the time of entry; (3) be a registered user of Twitter (and remain a registered user in good standing); and (4) have ongoing access to the Internet. Nomiku is void in Puerto Rico, U.S. territories and possessions, outside of the U.S., and where prohibited by law.
The contents of your Application should not have been created for commercial purposes. You must ensure that your participation does not violate any contract, agreement, rules or regulations to which you are bound (including, without limitation, any school, guild or union obligations).
Get Fresh, Inc. reserves the right to verify eligibility and to adjudicate on any dispute at any time.
3. SPONSOR
Nomiku is sponsored by Nomiku, Inc., and Get Fresh, Inc., a Delaware corporation with principal place of business at 181 Fremont St., San Francisco, CA 94105 (“Fresh”) (together, “Sponsors”).
4. APPLICATION PERIOD
You can submit your Application for consideration until 6:59 PM Pacific Time on July 16, 2013 (“Application Period”).
5. HOW TO ENTER
NO PURCHASE NECESSARY TO APPLY OR RECEIVE AN INVITATION. To participate in Nomiku, visit the Nomiku website located at http://www.nomiku.com/ (“Nomiku Site”) during the Application Period and follow the instructions for submitting an essay (and optional additional content) that answers the question: “What would you do if you had Nomiku]?” (“Application”). The Application must meet the “Application Requirements,” described below.
Connecting your Twitter Account. To enter you must connect a Twitter Account to your Fresh account. Twitter accounts are free. Eligible persons can sign-up at https://twitter.com/. By submitting your information and creating a Twitter account, you agree to the Twitter Terms of Service available at https://twitter.com/tos and Privacy Policy available at https://twitter.com/privacy. All terms and conditions of Twitter.com apply. Twitter is not a sponsor of Nomiku.
All Applications must be received by 6:59 PM Pacific Time on July 16, 2013. You are responsible for determining the corresponding time in your time zone. Applications are void if they are in whole or part illegible, incomplete, damaged, altered, counterfeit, obtained through fraud, or late. All Applications will be deemed made by the authorized account holder of the Twitter account used to make an Application, and an Invitee may be required to show proof of being the authorized account holder assigned by Twitter (as applicable) for the account at the time of Application. You may not use multiple accounts to submit Applications, and anyone found to use multiple accounts will be disqualified. Limit one invitation per person.
6. APPLICATION REQUIREMENTS
LIMIT THREE (3) APPLICATIONS PER PERSON. Subsequent Applications will be disqualified. DO NOT MODIFY OR EDIT YOUR APPLICATION AFTER SUBMITTING IT, Fresh will not review subsequent modifications to your Application. The essay portion of the Application is mandatory. Application content must comply with Fresh Terms of Use available at http://www.getfresh.com/terms_of_use. If using Twitter to submit, your Application must comply with the Twitter Terms of Service. Application content must be your own creation.
Your Application must meet the following requirements (“Application Requirements”):
- The essay must not exceed the characters specified in the essay submission box on the Nomiku site;
- Must contain “Nomiku” and the Site URL;
- Must address the statement “What I would do if I had Nomiku”;
- Must be in English.
Content Guidelines
- It must not be derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is inappropriate, indecent, sexual, profane, indecent, tortuous, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of Nomiku.
- It must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to all applicable federal, state, or local laws and regulations the laws or regulations in any state where Application is created.
- It must not contain any content, material or element that displays any third party advertising, slogan, logo, trademark or otherwise indicates a sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of Nomiku, as determined by Fresh, in its sole discretion.
- It must be an original, unpublished work that does not contain, incorporate or otherwise use any content, material or element that is owned by a third party or entity.
- It cannot contain any content, element, or material that violates a third party’s publicity, privacy or intellectual property rights.
During the Application Period, Fresh will be evaluating each Application to ensure that it meets the Application Requirements. Fresh reserves the right, in its sole discretion, to disqualify anyone who submits an Application that does not meet the Application Requirements.
7. EVALUATION
Each Application will be evaluated and scored by Fresh, based on the following criteria:
- CREATIVITY: Whatever the approach, the Application should stand out creatively and can be supported with video and still photos per these Terms.
- COMPELLING USE: Applications with the most compelling possible uses for Nomiku.
- ORIGINALITY: Applications that are unique and interesting.
- SOCIAL AND SPECTRUM: Applications from people whose possible uses of Nomiku would be useful, influential, and provide the broadest spectrum of
user interaction. Users with many followers on Twitter or an expertise relevant to Nomiku will be given extra consideration.
The Applications that receive the highest overall scores, based on the above-listed criteria, will be selected as the potential invitees to become Product Testers (“Invitees”). Limit one invitation per person. In the event an Invitee is disqualified for any reason, Fresh may, at its sole discretion, choose the Application that received the next highest total score as an Invitee.
Invitees will be selected and notified via email. All notification requirements, as well as other requirements within these Terms, will be strictly enforced.
8. INVITATIONS
All Invitees who are selected will receive an invitation to become Product Testers (no commercial value).
Odds of receiving an invitation depends on the number of eligible Applications received during the Application Period and the quality of the Applications. No transfer, substitution or cash equivalent for invitations is allowed, except at Fresh’s sole discretion.
9. GENERAL CONDITIONS; PRODUCT TESTING PROGRAM
All federal, state and local laws and regulations apply. Fresh reserves the right to disqualify you from Nomiku if, in Fresh’s sole discretion, it reasonably believes that you have attempted to undermine the legitimate operation of Nomiku by cheating, deception, or other unfair playing practices or annoy, abuse, threaten or harass any other entrants, or the Sponsors.
10. INTELLECTUAL PROPERTY RIGHTS
As between FRESH and you, you retain ownership of all intellectual and industrial property rights (including moral rights) in and to the Application. As a condition of entry, you grant Fresh, its subsidiaries, agents and partner companies, a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display the Application (1) for the purposes of allowing Fresh to evaluate the Application for purposes of Nomiku, and (2) in connection with advertising and promotion via communication to the public or other groups, including, but not limited to, the right to make screenshots, animations and Application clips available for promotional purposes.
11. PRIVACY
You agree that personal data including, but not limited to, name, mailing address, phone number, and email address may be collected, processed, stored and otherwise used for the purposes of conducting and administering Nomiku and to contact you about Nomiku. This data may also be used by Fresh or Nomiku, Inc. to send you product information, to verify your identity, postal address and telephone number in the event you are selected to receive an invitation as well as to deliver the applicable invitation. Your participation in Nomiku is subject to Fresh’s Privacy Policy, located at http://www.getfresh.com/privacy_policy. If you no longer want Fresh to use your personal information to contact you in connection with Nomiku, you can submit a request at info@getfresh.com.
12. PUBLICITY
By accepting an invitation, you agree to Fresh’s and its agencies’ use of your name and/or likeness and Application for advertising and promotional purposes without additional compensation, unless prohibited by law.
13. WARRANTY AND INDEMNITY
You warrant that your Application is your own original work and, as such, you are the sole and exclusive owner and rights holder of the submitted Application and that you have the right to submit the Application in Nomiku and grant all required licenses. You agree not to submit any Application that (1) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret, privacy, publicity or confidentiality obligations; or (2) otherwise violates the applicable state or federal law.
To the maximum extent permitted by law, you indemnify and agree to keep indemnified Nomiku Entities at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission by you and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Nomiku Entities from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any Application or other material uploaded or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with Nomiku; (c) any non-compliance by you with these Terms; (d) claims brought by persons or entities other than the parties to these Terms arising from or related to your involvement with Nomiku; (e) acceptance, possession, misuse or use of any invitation or participation in any Nomiku- related activity or participation in Nomiku; (f) any malfunction or other problem with the Nomiku Site; (g) any error in the collection, processing, or retention of Application information; or (h) any typographical or other error in the printing, offering or announcement of any invitations or selected applicants.
14. ELIMINATION
Any false information provided within the context of Nomiku by you concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Terms or the like may result in your immediate elimination from Nomiku.
15. INTERNET
Nomiku Entities are not responsible for any malfunction of the entire Nomiku Site or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed Applications due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Nomiku Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit your ability to participate.
16. RIGHT TO CANCEL, MODIFY OR DISQUALIFY
If for any reason Nomiku is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of Nomiku, Fresh reserves the right at its sole discretion to cancel, terminate, modify or suspend Nomiku. Fresh further reserves the right to disqualify you if you tamper with the submission process or any other part of Nomiku or the Nomiku Site. Any attempt by you to deliberately damage any web site, including the Nomiku Site, or undermine the legitimate operation of Nomiku is a violation of criminal and civil laws and should such an attempt be made, Fresh reserves the right to seek damages from you to the fullest extent of the applicable law.
17. NOT AN OFFER OR CONTRACT OF EMPLOYMENT
Under no circumstances shall the submission of an Application into Nomiku, the issuance of a invitation, or anything in these Terms be construed as an offer or contract of employment with either Fresh, or Nomiku Entities. You acknowledge that you have submitted your Application voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and Fresh or Nomiku Entities and that no such relationship is established by your submission of an Application under these Terms.
18. FORUM AND RECOURSE TO JUDICIAL PROCEDURES
These Terms shall be governed by, subject to, and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules. If any provision(s) of these Terms are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with Nomiku are hereby excluded, and you expressly waive any and all such rights.
19. ARBITRATION
By entering Nomiku, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to Nomiku will be decided by binding arbitration. All disputes between you and Sponsors of whatsoever kind or nature arising out of these Terms, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the San Francisco, California, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
