Help Our Troops Promotion (6-packs) at Select Retailers - June-September 2020
- The “Help Our Troops” promotion is conducted by American Pop Corn Company (“Sponsor”) to benefit the following Charities: Fisher House Foundation, Inc.; Honor Flight; Blue Star Families; and Freedom Service Dogs (the “Charities”).
- A purchase is not required to vote. Voting can occur one of the following two ways: consumer chooses their beneficiary Charity and mails the ballot form from the “Help Our Troops” promotional packaging to the designated address or, by going to the https://www.jollytime.com/helpourtroops landing page.
- The “Help Our Troops” promotional packaging can be found at select retailer locations from approximately June 1, 2020 through September 15, 2020 (the “Promotion Period”).
- The “Help Our Troops” landing page (https://www.jollytime.com/helpourtroops ) is available to voters in all 50 States and will be live from June 1, 2020 through September 15, 2020.
- American Pop Corn Company will donate $0.10 for each unit of specially marked “Help Our Troops” JOLLY TIME Microwave Pop Corn 6-packs (the “Product”) sold during the Promotion Period. The number of Product sold is at least 246,438 units for a total donation of at least $24,643.80 and will be divided among the four Charities based on total number of votes cast according to the following: top vote receives 40% (at least $9857.52.); 2nd will receive 30% (at least $7393.14.); 3rd will receive 20% (at least $4928.76) and 4th will receive 10% (at least $2464.38).
- Sponsor will provide each Charity with a donation payment no later than October 31, 2020. The payment will include a final accounting for the entire Promotion, certified by Edward Townley, Vice President / Treasurer for American Pop Corn Company, to be accurate. Each Charity shall have the right to review or audit the books and records of American Pop Corn Company relating to the Promotion to verify the accuracy of any payment. Any such review or audit shall be conducted during regular business hours, upon reasonable prior notice, at the place where the relevant records are regularly kept, at Charity’s expense; provided that if the review or audit reveals an underpayment of more than 5%, Sponsor shall pay the reasonable costs of the review/audit in addition to the shortfall.
- The Promotion will be subject to all applicable laws, including but not limited to Title 43, chapter 17 of the Georgia Code, Section 7:28 of the New Hampshire Statutes, and the New Jersey Charitable Registration and Investigation Act (NJ State 45:17A-18 et. Seq.) and any rules adopted pursuant thereto. Sponsor and Charities shall be responsible for complying, at their own expense, with all requirements imposed by law or regulation on the Sponsor and Charities individually as a result of their role in the Promotion, including but not limited to any obligation to register, post bonds, or take other actions under state law as a charity or commercial co-venturer.
- Each party will indemnify, defend and hold harmless the other parties against any third-party claims and all resulting liabilities, losses and costs (including reasonable attorneys’ fees) arising out of: (a) any negligence or willful misconduct by the indemnifying party relating to the conduct governed by this agreement, or breach of this agreement by the indemnifying party, and (b) the sale, use or advertising of any products or services of the indemnifying party pursuant to this agreement. Each party will give the other prompt notice of any such claim. The indemnifying party shall have the right to control the defense of the claim. The indemnified party may participate in the defense at its own expense.