Are YOU our future Vice President of Melting (MVP)?

ENTRY INTO THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. THE PRIZE IS NOT A JOB OR AN OFFER OF EMPLOYMENT. VOID WHERE
PROHIBITED.

1. The Vice President of Melting (“MVP”) contest is administered and sponsored by Daiya Foods (“Daiya”), whose principal office is located at 3100 Production Way Burnaby, BC V5A 4R4.

2. In the event of any conflict or inconsistency with any other advertising, promotional or other materials, these Terms and Conditions shall govern.

3. The MVP contest is open to legal residents of the United States who are eighteen (18) years of age or older as of the applicant’s date of entry. Employees of Daiya, those involved in the production, development, implementation, or handling of the MVP contest, and any agents acting for the above providers, prize suppliers, or any other person associated with the MVP contest, and family members and persons living in the same household as any of the foregoing persons, are not eligible to enter.

4. VOID WHERE PROHIBITED BY LAW AND OUTSIDE THE UNITED STATES. All applicable federal, state, and local laws, regulations, and rules apply.

5. NO ENTRY FEE AND NO PURCHASE NECESSARY TO ENTER THIS CONTEST. Any purchase
or consideration otherwise given by applicants will not improve one's chances of being selected as the MVP.

6. The MVP contest commences at 11 AM Eastern Time on April 11, 2024 and ends at 11:59 PM Eastern Time on December 8, 2024 (“Entry Period”). Daiya is the official time-keeper for this contest. Entries that are submitted before or after the Entry Period will be disqualified. Daiya reserves the right to end and/or cancel the MVP contest at any time, including prior to the expiration of the Entry Period.

7. To enter the MVP contest, applicants must complete the form available via QR code at one of Daiya’s Dairy-Free tour stops. A list of Daiya’s Dairy-Free tour stops is available at daiyafoods.com/en-ca/pages/dairy-free-dairy-tour. The list of tour stops is subject to modification at any time in Daiya’s sole discretion. Standard data rates and charges for use of the applicants’ mobile devices apply. Applicants should consult their wireless service provider's pricing plan for details. Applicants shall incur any and all
charges issued by their wireless carrier. All information and comments submitted as part of an entry shall be collectively referred to herein as the Applicant’s “Submission.” Submissions must comply with the Terms and Conditions set forth herein.

8. By entering the MVP contest, the applicant represents and warrants that the applicant is the owner or licensee of their Submission including any and all materials and information, including recipes, photos, videos, and personal information, submitted by the applicant with respect to the MVP contest, and automatically grants, and represents and warrants that the applicant has the right to grant, to Daiya an irrevocable, perpetual, non-exclusive, transferable, fully-paid-up, royalty free, worldwide license (with the right to sublicense at multiple levels) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transfer, distribute any such materials for any purpose and in any format, prepare derivative works, incorporate into
other works, and/or grant and authorize sublicenses of the foregoing. Submissions must not, in the sole and unfettered discretion of Daiya, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content. Submissions must not infringe any intellectual property rights of third parties. The applicant further represents and warrants that all persons and entities connected with
the materials and information submitted in connection with the MVP contest, and all other persons and entities whose names, voices, photographs, likenesses, works, services or materials have been used in such materials/information or its/their exploitation, have authorized the use of their names, voices, photographs, likenesses, performances, and biographical data in connection with the advertising, promotion, trade and other exploitation of the materials and information and the rights granted herein. Participant agrees to provide to Daiya at Daiya’s request copies of all such permissions, licenses and consents.

9. Limit one (1) Submission per person. Applicants are not permitted to submit a Submission more than once during the Entry Period regardless of the entry method. Duplicate Submissions by the same person will be subject to disqualification. Multiple applicants are not permitted to share the same Submission. Any attempt by any applicant to obtain more than the stated number of entries by using multiple/different accounts, identities, registrations or logins, or any other methods will void that applicant’s entries and that applicant may be disqualified. Use of any automated system, devices, bots and/or other programs or software to participate is prohibited and will result in disqualification. Entries must be submitted by the applicant.

10. Daiya is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind, whether mechanical, human, or electronic. Daiya shall not be responsible for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in the MVP contest or by any technical or human error which may occur in the processing of the entries in the MVP contest. Daiya assumes no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries. Daiya is not responsible for applicants providing incorrect or otherwise non-functioning contact information or for applicants failing to receive notices due to spam, junk e-mail, or other security settings. Only fully completed entries are eligible. In the event of a dispute over who submitted a winning entry, the owner of the email address provided in the form associated with the entry will be deemed to be the applicant. Potential winners may be required to show proof of identity or forfeit the prize. All entries become the property of Daiya and will not be acknowledged or returned. By entering the MVP contest, applicants fully and unconditionally agree to be bound by these Terms and Conditions, which will be final and binding in all matters relating to the contest.

11. Entries will be evaluated without regard to mental or physical disability, race, color, religion, gender, national origin, age, genetic information, military or veteran status. sexual orientation, marital status, or any other protected federal, state, or local status unrelated to the performance of the work involved.

12. By submitting an entry for the MVP contest, all applicants agree to the use of their name, likeness, voice, image, and biographical information in any of Daiya’s publicity material without further compensation, unless prohibited by law. Daiya will not share your information except insofar as to fulfill the purposes for which you submitted your information. By submitting an entry, you agree that Daiya may share your information
with third parties to facilitate and administer the MVP contest.

13. Daiya shall select one (l) applicant as the MVP (“Recipient”) from the entire pool of eligible applicants. Recipient will be selected based on Daiya’s scoring and judgment of the entries based on the following criteria: creativity, quality of recipe, use of required ingredient, clarity of writing. Recipient must comply with all of the Terms and Conditions for the MVP contest, and winning is contingent upon fulfilling all requirements.

14. Recipient will be notified via email using the email account supplied at time of entry. Notification shall be deemed to occur when the email notification is sent from Daiya’s computer to the potential Recipient’s email address provided during the entry process. Daiya may contact the potential Recipient via email and may ask for further information including acceptance of these rules. The potential Recipient will be required to respond to Daiya within seventy-two (72) hours in order to claim their prize. The potential Recipient may be provided a Prize Winner Affidavit and Publicity Release (“Affidavit and Release”) to complete, sign, and return within seventy-two (72) hours of receipt. If the potential Recipient does not sign and return the Declaration and Release, or if the potential Recipient does not meet eligibility criteria, or is otherwise unwilling or unable to comply with these Terms and Conditions, or refuses to complete any additional documentation that may be required by Daiya, an alternate Recipient may be selected from among the remaining Submissions in accordance with these Terms and Conditions, in Daiya’s sole discretion. The Recipient may be required to supply Daiya with his/her/their social security number for tax purposes. The potential Recipient is subject to verification by Daiya, and Daiya’s decisions are final and binding in all matters related to the MVP contest. An applicant is not a winner of any prize unless and until the applicant’s eligibility has been verified and the applicant has been notified that
verification is complete.

15. The MVP role consists of regularly using Daiya products in the Recipient’s own kitchen and participating in quarterly calls with a designee of the Daiya team to provide Daiya with at least one original recipe per quarter using Daiya products and feedback on how the Recipient has been using Daiya products. Daiya may, in its sole discretion, use the Recipient’s recipes in connection with its social media channels and other promotional materials. Recipient will receive (a) twenty thousand U.S. dollars ($20,000), (b) four (4) Daiya cheese products per month for one (1) year, and (c) four (4) Daiya pizza products per month for one (1) year. Daiya shall distribute the funds after the recipient delivers all requirements. Daiya shall distribute the Daiya cheese products and Daiya pizza products to the Recipient quarterly either via Daiya coupons or delivery organized by Daiya. The Daiya cheese products and Daiya pizza products shall be chosen at Daiya’s discretion. No cash alternative will be offered for any portion of the prize. Recipient's opportunity to participate in the MVP role or receive any portion of the prize is not transferable. In the case of unavailability of any portion of the prize, Daiya reserves the right to substitute a prize of equal or greater value. Daiya reserves the right to reschedule the MVP contest, modify the prize, or cancel the prize. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of the Recipient.

16. Daiya has no obligation (express or implied) to distribute or use any Submission by an applicant and/or recipe supplied by the Recipient or, if commenced, to continue the distribution or use thereof, and Daiya may at any time abandon the use of an applicant’s Submission or recipe supplied by the Recipient for any reason, with or without legal justification or excuse, and applicants, including the Recipient, will not be entitled to any damages or other relief by reason thereof.

17. Recipient acknowledges that participation in the role of MVP will be as an independent contractor. No agency, partnership, joint venture, or employee/employer relationship is intended or created by acceptance of the MVP role. Recipient has no authority to bind Daiya to contracts, or make any agreement or representations without Daiya's express written consent. Recipient shall not be eligible to participate in any vacation, group medical or life insurance, disability, profit sharing, or retirement benefits, or any other fringe benefits or benefit plans offered by Daiya to its employees. Daiya is not responsible for withholding or paying any income, payroll, Social Security, or other federal, state, or local taxes, making any insurance contributions, including unemployment or disability, or obtaining worker's compensation insurance on Recipient's behalf. Recipient acknowledges that the sums received pursuant to the MVP contest are subject to all applicable taxes. Recipient is solely responsible for all such taxes or contributions, including penalties and interest.

18. Where legally required, Recipient's name will be available upon request twenty-eight (28) days after the closing date for the contest, but no later than one (1) year after the closing date for the contest. To request Recipient's name, please send the request in a stamped addressed envelope to the following address:
Daiya Foods,
3100 Production Way
Burnaby, BC V5A 4R4.

19. LIMITATION OF LIABILITY: By entering the MVP contest, all applicants agree to release, indemnify, and hold harmless Daiya (and all parent, subsidiary, and otherwise related entities of Daiya, and their respective employees, agents, and assigns) from any and all liability resulting or arising from the MVP contest, to release all rights to bring any claim, action, or proceeding against them, and hereby acknowledge that they have neither made nor are in any manner responsible or liable to the applicant for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to a prize. Daiya (and all parent, subsidiary, and otherwise related entities of Daiya, and their respective employees, agents, and assigns) shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or irregularity that may be caused or contributed to by (l) any wrongful, negligent or unauthorized act or omission on the part of Daiya or any of its agents, servants, employees, representatives, or independent contractors, (2) any wrongful, negligent, or unauthorized act or omission on the part of any other person or entity not an employee of Daiya, or (3) by any other cause, condition or event whatsoever beyond the control of Daiya or its parents, subsidiaries, and affiliated companies. Applicants waive all right to and hold Daiya harmless from any claim, liability, loss, injury, damage (including punitive, exemplary, incidental, and consequential damages), and expense (including attorneys' fees) arising out of or in connection with their participation in the MVP contest or the acceptance, use, or misuse of the prize. The failure of Daiya to comply with any provision of these Terms and Conditions due to an act of God, natural disaster, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, action of governmental authorities, or any other cause
outside of the control of Daiya (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms and Conditions. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

20. Applicants agree that: (l) any and all disputes, claims, and causes of action arising out of or connected with the MVP contest and MVP role shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under American Arbitration Association rules and procedures. The arbitration shall be held in Chicago before a single arbitrator. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. The
parties will share equally in payment of the arbitrator's fees and arbitration expenses and any other costs unique to the arbitration hearing; however, each side shall bear its own expenses for depositions, witness, expert, and attorneys' fees, and other expenses to the same extent as if the matter were being heard in court. Except as set forth below, neither side shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute. Both sides may submit disputes to a court of law for enforcement of the arbitrator's award. Nothing in this paragraph shall affect either party's ability to seek from a court injunctive or equitable relief at any time. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this MVP contest, but in no event
attorneys' fees. Under no circumstances will any entrant be permitted to obtain awards for, and entrants hereby waive, all rights to claim, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

21. The MVP contest is conducted by Daiya and is in no way endorsed, administered by, or associated with any third parties or third-party products.

22. Daiya reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the contest or to be acting in violation of these Terms and Conditions or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the
legitimate operation of this contest may be a violation of criminal and civil laws, and should such an attempt be made, Daiya reserves the right to seek damages from any such person to the fullest extent permitted by law. Daiya’s decision not to enforce any term of these Terms and Conditions shall not constitute a waiver of any right or remedy.