CHOBANI FOOD INCUBATOR PROGRAM
TERMS AND CONDITIONS
The Chobani Food Incubator Program (“Chobani Incubator”), sponsored by Chobani, LLC (“Chobani”) is a highly selective, world-class training program for outstanding food entrepreneurs and innovators who want to work side by side with like-minded natural food companies who share Chobani’s vision of Better Food for More People.
ELIGIBILITY: The Chobani Incubator is open to any individual who is a permanent legal resident of the fifty (50) United States and the District of Columbia, 21 years of age or older as of July 14, 2016, who is a founder and/or executive at a US-based food start-up company in good standing and in possession of either a valid social security number and/or a valid U.S. personal tax identification number.
If an individual is a resident of a jurisdiction that deems him/her to be a minor, then he/she must obtain parental/legal guardian consent prior to entering and/or prior to submitting any personally identifiable information.
Officers, directors, and employees of Chobani, LLC, members of their immediate families (spouses and/or parents, children, and siblings, and their spouses); and/or persons living in the same households as such persons (whether or not related thereto) are not eligible to enter.
DISCLOSURE: All applicants must disclose any relationship between Participating Company (including, any full-time or part-time employee, contractor, investor, or advisor of the Participating Company) and any officers, directors, employees, investors, corporate entities or affiliates of any Chobani Competitor (meaning, for purposes of these Terms and Conditions, any manufacturer of yogurt (including packaged yogurt, yogurt packaged with dry or wet goods, Greek Yogurt, regular yogurt, and frozen yogurt), dips (including yogurt-based dips, hummus and spreads), drinks (including drinkable yogurt, protein drinks, Kefir, shakes/breakfast and shakes/smoothies)).
PARTICIPANT SELECTION CRITERIA: On or about September 15, 2016, Chobani will select four (4) Participating Companies from among all eligible entries received. Chobani will select the Participating Companies based upon the following criteria:
- Company aligns with Chobani’s DNNA Food Philosophy: Delicious, Nutritious, Natural, Accessible
- Mass Appeal of Product and Business
- Quality of Products Manufactured
- Financial Health of the Company and Growth Potential
The Sponsor reserves the right, in its sole discretion, to select less than four (4) Participating Companies or extend the entry period if an insufficient number of eligible entries are received. The decisions of Chobani are final and binding in all respects.
For each Participating Company selected, up to three (3) individuals may be chosen to participate (“Individual Participants”). These Individual Participants must consist of the owner/founder, and up to two (2) executive level employees. Individual Participants must meet all of the eligibility criteria set forth above.
PARTICIPANT NOTIFICATON: The Participating Companies will be notified by e-mail or phone as provided in the Application. Individual Participants and Participating Companies will be required to execute an Affidavit of Eligibility and Liability/Publicity Release and Non-Disclosure Agreement prior to participating in the Program. If a potential participant cannot be reached, does not return required documents within the time requested, or does not agree to the Terms and Conditions of the Program, the opportunity to participate in the Program will be forfeited and another Participating Company may be selected according to the Selection Criteria above.
PROGRAM BENEFITS: The Chobani Food Incubator leverages Chobani's offices nationwide to provide the fullest perspective of building a global natural food company, from farm to fridge. The Program runs for six (6) months, beginning October 18, 2016, and consists of monthly in-person educational programs and weekly online programming (“Program Activities”). The Participating Companies must be able to attend the Program Activities* (may require travel the night prior):
- October 18 - 21, 2016
- Location: Chobani’s Soho Office, New York, NY
- Sample Itinerary: Food Entrepreneur Introductions, Leadership and Executive Session
- November 15 – 18, 2016
- Location: Chobani’s Facility, Twin Falls, Idaho
- Sample Itinerary: Manufacturing and Production
- December 12 – 15, 2016
- Location: Chobani’s Soho Office, New York, NY
- Sample Itinerary: Brand, Pricing and Packaging
- January 17 – 20, 2017
- Location: Chobani Sales Office, Cincinnati, OH
- Sample Itinerary: Sales and Marketing
- February 13 – 16, 2017
- Location: Chobani Headquarters, Norwich, NY
- Sample Itinerary: Building Your Team
- March 9 – 13, 2017
- Location: EXPO West, Anaheim, CA
- Sample Itinerary: Industry Trade Show
* Actual dates, locations, and itinerary of on-site programming is subject to change at the sole discretion of Chobani.
Each onsite visit will consist of educational programming, networking with Chobani Food Incubator Peers, access to Chobani team members and Guest Speakers. In between each on-site program, Participating Companies will continue to engage with the Chobani Incubator through the Chobani Food Incubator Online Community, peer discussions, and regular program check-ins.
Each Individual Participant will receive a travel stipend in the amount of $2,040, or up to $6,120 per company, to be used for travel to the Program Activities. Travel stipend budget includes $85 per diem per person per day of the onsite programs. Travel, including flights, trains, or hotels, will be booked by Chobani Travel and therefore not included in the travel stipend. Individual Participants will be responsible for all taxes on the travel stipend and will receive a 1099 tax form for the total value of the stipend in addition to the Grant (as defined below), at the end of each year the payments were received.
Each Participating Company will also receive a $25,000 grant to be used towards growth and business development of the Participating Company (“Grant”). This Grant will be payable in Two installments of $12,500 each, payable after beginning and after completion of the Program on or before October 31st, 2016 and on or before March 31st, 2016. Participating Company will be responsible for all taxes on the Grant.
In the event at least one executive representative of the Participating Company is unable or unwilling to attend and participate in the Program Activities, that Participating Company may be required to forfeit participation opportunities. If a Participating Company is in breach or violation of any agreement with Chobani including the Terms and Conditions of this program, program benefits will be recoverable by Chobani.
RELEASE: Participants understand that Chobani is not liable for injuries, losses, or damages of any kind arising from participation in this Program, and in all Program Activities. By participating, Participant releases Chobani, its respective parents, affiliates, subsidiaries, and agencies, and their respective directors, officers, employees, and agents from any and all liability with respect to Participation in the Program.
APPLICABLE LAW AND DISPUTES: This Program is subject to all applicable United States federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation, and enforceability of these Program Terms and Conditions shall be governed by the laws of the State of New York, without regard to any principles of conflict of laws. If the controversy or claim is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration administered by Judicial Arbitration and Mediation Services, Inc., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in New York. All disputes arising out of or connected with this Program will be resolved individually, and without resort to class action. Chobani is not liable for any consequential, indirect, exemplary, or punitive damages, or for attorneys’ fees.
General Conditions: This Program is subject to these Program Terms and Conditions. Chobani reserves the right, in its sole discretion, to disqualify any individual it (or its authorized designee) finds to be: (i) tampering with, as applicable, the entry process or otherwise with the operation of the Program, or the Website; (ii) acting in violation of these Terms and Conditions; (iii) acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, harass, harm, mislead, or defraud any other individual or entity; or (iv) found to be otherwise in violation of law. Any person attempting to defraud any of the entries or in any way tamper with the Program or the Website will be ineligible to participate in the Program and Chobani will seek all remedies available to it, including, if appropriate, filing appropriate complaints with legal authorities. If, for any reason, the Program or the Website (or any portion thereof) becomes corrupted, or is not capable of running as originally planned, or does not allow the proper submission and processing of Applications, in accordance with these Terms and Conditions, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the opinion of Chobani, corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Program, Chobani reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend the Program or any portion thereof and to conduct the Program and select the Participating Companies from all eligible, salvageable Applications received (if any), prior to and/or after (as appropriate) the action taken by Chobani, or otherwise in a manner that is fair and equitable as determined by Chobani. In case of a dispute over the identity of an entrant who submitted a Application, at Chobani’ discretion, the authorized account holder of the e-mail address account associated with that Application will be deemed the applicant. The "authorized account holder" is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other on-line organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Said owner must comply with these Terms and Conditions and, at Chobani’ sole discretion, may be required to provide proof of ownership of the e-mail account.