PLANT-IT TREE PLANTING INITIATIVE: TERMS AND CONDITIONS

For Mobile and Web App

Last Updated: Sept 5, 2022.

Introduction

By accessing and using the Plant-It mobile and/or web app (“Plant-It”) including entering this and all other promotions (“Promotion”), the user, or entrant (“You”) acknowledge to have read, understood, and accepted the instructions on promotions, entry requirements, and other related materials (“Promotion Materials”) and terms and conditions (“Terms”), and agree to be bound by it. Note that if there is any conflict between the Promotion Materials and Terms, the Terms shall take precedence. 

You acknowledge and agree that there is no prize or other form of compensation either monetary or otherwise associated with taking a part in this Promotion.

You acknowledge and consent to our collection, use and disclosure of your Personal Information as it is critical for your use and access to our app. Your express consent or acknowledgement contained within a written, verbal, or electronic application process.

Jurisdiction

The Plant-It Promotion is open to residents of Canada,United States and Mexico.

The information provided on the Plant-It app is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, if You choose to access the Plant-It app from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Age

Plant-It is open to persons from the age of 18 years and above or persons who have attained the age of majority in jurisdictions specified otherwise. 

Disqualifications and Rejections

  1. Anyone otherwise connected with the operations or fulfilment of the Promotion including
    1. Employees and agents of Plant-It, 
    2. its affiliates, 
    3. any of its subsidiary of its affiliated companies, or
    4. members of immediate families or household of the above, are automatically disqualified.
  2. Plant-It reserves the right to require You to prove that You are eligible to enter the Promotion. If your entry is found to be ineligible, Plant-It reserves the right to reject your entry or disqualify you. 
  3. ONLY one (1) entry per person or household. Additional entries shall be disqualified.
  4. Plant-It prohibits entry using automated systems including the use of script or macro system. Therefore, any entry made (or which appears to have been made) using any such system will be voided. 
  5. Any illegible, incomplete, fraudulent, or inconclusive entry will be rejected. 

Entry Requirements

  1. To enter the Promotion, you will need internet access/connection and a valid email address through the Plant-it app.
  2. Any entry submitted via other means other than the Plant-It app will not be accepted. 
  3. If for reasons beyond Plant-It’s reasonable control and not related to an entrant, Plant-It is unable to plant the tree as described in these terms and conditions, we reserve the right to donate the cash value of the donated product to a registered tree planting organisation of Plant-It’s choosing.
  4. Plant-It only collect personal information relating to Full Name, Full Address, Country, Email Address, and Phone Number. Kindly see the section on Privacy on measures we take to protect your personal information.
  5. By entering the Promotion, You agree to have your personal information limited only to full name and location, featured in publicity materials relating to the Promotion without further reference, payment or other compensation. You may choose to opt out of such a feature by contacting us immediately  by email at treeplantinglegal@plantit.com .
  6. The Promotion starts at 00:00 AM on the 05/09/ 2022 PST and ends 00:00 AM 02/03/ 2023  PST. There will be no consideration for entries before the start date and after the end date.
  7. To enter the promotion, You must – 
    1. Purchase a related plant-It promotional pack using the Plant-It app; and
  8. Purchase a related plant-It promotional pack and use the Plant-It app to complete the steps below.
  9. Incomplete, illegible, misdirected, late or bulk entries will not be accepted. Plant-It accept no responsibility if entries are lost or not received or delayed including delay due to technical error. Proof of sending will not be taken as proof of receipt.
  10. The decision of Plant-It is final, and no correspondence will be entered into.
  11. If we terminate or suspend your account for any reason, you are prohibited from entering the Promotion under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Donations

  1. All planting tree initiatives in each market will be fulfilled by the tree planting partners of Plant-It.
  2. Your valid entry will result in the planting of one (1) tree in a market of your choice operated by Plant-It.
  3. Plant-It will plant a maximum of fifteen thousand (15,000) trees per market during the promotion through this specific activation if the valid number of entries are met. Fulfilment (planting of the trees in their respective markets) of this planting initiative can and will extend beyond the life of this campaign. Plant-It commits to fulfilling this initiative within their next tree planting cycles through their respective tree planting partners.

Tree Planting Partners

  1. Republic of Ireland: Trees on the Land is a charity & not-for-profit project from the Green Economy Foundation in collaboration with The Woodland Trust in Northern Ireland. Green Economy Foundation, Manch Estate, Ballineen, Co. Cork, Ireland.  Charity Number: 15746.
  2. United Kingdom: Creating Nature’s Corridors. 49 WEST END BRAMPTON HUNTINGDON PE28 4SF. Registered charity number – 1193553
  3. United States: The Arbor Day Foundation is a 501(c)(3) non-profit conservation and education organisation. A million members, donors, and partners support our programs to make our world greener and healthier. The Arbor Day Foundation, 211 N. 12th Street, Lincoln, NE 68508.

    Also: One Tree Planted is a 501(c)3 tax-exempt organization and your donation is tax-deductible within the guidelines of U.S. law..145 Pine Haven Shores Rd #1000D Shelburne, Vermont, 05482, US

  4. Canada: One Tree Planted is a 501(c)3 tax-exempt organization and your donation is tax-deductible within the guidelines of U.S. law..145 Pine Haven Shores Rd #1000D Shelburne, Vermont, 05482, US
  5. Mexico: One Tree Planted is a 501(c)3 tax-exempt organization and your donation is tax-deductible within the guidelines of U.S. law..145 Pine Haven Shores Rd #1000D Shelburne, Vermont, 05482, US
  6. Further information about the planting partners can be found on their websites (as provided above).
  7. Any complaints or questions relating to the planting partners should be directed to the relevant planting partner stated above.
  8. If for reasons beyond Plant-It reasonable control or planting partner’s reasonable control, including but not limited to a planting partner not being able to plant trees, we reserve the right to use an alternative planting partner to plant trees in that market. Any changes to the planting partners as per this clause shall be reflected within these terms and conditions.  

General

  1. Save where it has been negligent, the promoter will not be responsible for any damage, loss or injury resulting from entrants’ entry into the Promotion, or for technical, hardware or software failures, lost, faulty or unavailable network connections or difficulties of any kind that may limit or prohibit their ability to participate in the Promotion.
  2. Nothing in these terms and conditions shall in any way limit the promoter’s liability for death or personal injury caused by its negligence or for any other matter where liability may not as a matter of law be limited.
  3. Although Plant-It uses encryption security, there is no guarantee that your personal information on the Plant-it app or on the internet will be maintained confidential and secure. Therefore, the use of Plant-It app is at your own risk, and we assume no liability or responsibility pertaining to our content; your use or access; the receipt, storage, or transmission or other use of your personal information.
  4. You agree at all times to indemnify, defend and hold harmless Plant-It, its partners, and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Plant-It directly or indirectly in respect of the Promotion, any information You provide through the Plant-It app or which You may send to Plant-It via email or other correspondence, or your use or misuse of the Plant-It app including without limitation, infringement claims.
  5. Save where it has been negligent, Plant-It will not be responsible for any damage, loss or injury resulting from entrants’ entry into the Promotion, or for technical, hardware or software failures, lost, faulty or unavailable network connections or difficulties of any kind that may limit or prohibit their ability to participate in the Promotion.
  6. Plant-It reserve the right to modify, cancel, terminate or suspend the Promotion in whole or in part, at its sole discretion, if it believes the Promotion is not capable of being conducted as specified within these terms and conditions or in the event of a virus, a computer bug or unauthorised human intervention or any other cause that is beyond the reasonable control of the promoter that could corrupt or affect the administration, security, impartiality or normal course of the Promotion (including COVID19).
  7. If You enter or attempt to enter the Promotion in a manner, which in Plant-It’s reasonable determination is contrary to these terms and conditions or by its nature is unjust to other entrants (including without limitation tampering with the operation of the Promotion, cheating, hacking, deception or any other unfair practices such as intending to annoy, abuse, threaten or harass any other entrants or the promoter and/or any of its agents or representatives) may be rejected from the Promotion at the promoter’s sole discretion. Furthermore, where such actions have significantly impaired the Promotion, Plant-It may, at its sole discretion, add further stages to the Promotion as it deems reasonably necessary in order to resolve any problems arising as a result of such actions.
  8. Nothing in these terms and conditions shall in any way limit the liability of Plant-It for death or personal injury caused by its negligence or for any other matter where liability may not as a matter of law be limited.
  9. Through one of its partners, Plant-It is physically located within Canada.
  10. The content of the Plant-It app and the Promotion are intended to be read by Canadian residents excluding the residents of Quebec. This Terms will be governed by Irish and EU law. Note that the laws, regulations, and standards of the country in which this information is stored may be different from your own country. By using our Services, you consent to this collection, transfer, storage, and processing of information to and in Canada, Ireland, and other countries. The courts of Ireland shall have exclusive jurisdiction to hear any dispute or claim arising in association with the Promotion or this Terms. You agree to waive any right You may have to: (i) a trial by jury; and (ii) the commencement of or participation in any class action against Plant-It relating to the Promotion or this Terms and, where applicable, You also agree to opt out of any class proceedings against Plant-It and its partners. We have required that this Terms and all documents relating thereto be drawn up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
  11. The division of this Terms into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
  12. These Terms of Service shall remain in full force and effect while you use the Plant-It app. Without limiting any other provision of this Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and the use of the Plant-It app (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in this Terms or of any applicable law or regulation. We may terminate your use of the app or participation in the Promotion or delete your information at any time, without warning.  
  13. Any provision of the Terms which is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity, or enforceability of such provision in any other jurisdiction.
  14. There may be information on this app that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.

To resolve a complaint regarding the Platform or to receive further information regarding use of the Plant-It app.