Lakanto Test Kitchen Product Testing Terms

About the Program. The Program allows selected participants to try products that may be prototypes, pre-release formulations, or products still in development (each, a “Test Product”) and to share feedback with us about taste, texture, appeal, and other aspects of the Test Products. Test Products may include foods, sweeteners, syrups, baking mixes, beverages, powders, dietary supplements, and other consumer products. Participation is voluntary, and no purchase is necessary to apply or participate. Applying does not guarantee that you will be selected or that you will receive any Test Product. We decide, in our sole discretion, whether to accept any applicant, which Test Products (if any) to send, how many, and when. We may modify, suspend, or end the Program, or remove any participant, at any time and for any reason. 

Eligibility. To participate, you must (a) be at least 18 years old; (b) be a legal resident of the 50 United States and the District of Columbia with a valid shipping address there; and (c) provide complete and accurate information in your application and keep it up to date. Employees, officers, and directors of Lakanto and its affiliates, their immediate family members (spouse, parents, siblings, and children, and each of their spouses), and members of their households are not eligible. Having access to the sign-up page or its link does not make you eligible. The Program is void where prohibited or restricted by law. 

Selection and Shipment of Test Products. We may use the information you provide, including your dietary preferences, allergies, sensitivities, and demographic information, to decide whether to include you in the Program and which Test Products to send you. This matching is a convenience only. It is not a medical, allergy, or safety screening, and it does not replace your own review of each Test Product before use (see Section 5). Test Products are shipped to you at no cost. Test Products are provided for your personal testing only. You may not sell, resell, or give away any Test Product, and you may not allow anyone else to consume or use a Test Product, including any child or any person who has not agreed to these Terms. Title to and risk of loss of each Test Product pass to you on delivery to the shipping address you provide. 

Nature of Test Products. You understand and acknowledge that Test Products: (a) may be prototypes or pre-release formulations that have not been commercially released and that may differ from any product we later sell, including in ingredients, formulation, nutrition information, labeling, and packaging; (b) may have limited or preliminary labeling, may not have been evaluated by the U.S. Food and Drug Administration, and may be produced in facilities that also process common allergens; (c) may carry use-by dates, storage requirements, or other instructions, and may spoil or degrade if not stored or used as instructed; and (d) may never be released to the public. 

Your Responsibilities. Before using any Test Product, you agree to read all ingredient, allergen, nutrition, preparation, storage, and use information that we provide with or for the Test Product. Do not consume or use a Test Product if you are allergic or sensitive to any of its ingredients, if the information is missing or unclear to you, if the packaging appears damaged or tampered with, or if the Test Product is past any date we provide. You agree to follow all preparation, storage, serving, and consumption instructions that we provide. If you are pregnant or nursing, are under a doctor’s care, take any medication, have diabetes or any other medical condition, or have any food allergy or sensitivity, consult your physician before using any Test Product, especially any dietary supplement. IF YOU EXPERIENCE ANY ADVERSE REACTION, STOP USING THE TEST PRODUCT IMMEDIATELY AND SEEK MEDICAL ATTENTION IF APPROPRIATE. We ask that you also report any adverse reaction to us as soon as possible at info@lakanto.com, including the name or code of the Test Product and a description of the reaction. You may decline to test any Test Product, and you may stop testing at any time. Please discard any Test Product you choose not to use. 

Health Disclaimer. INFORMATION PROVIDED THROUGH THE PROGRAM, INCLUDING PRODUCT DESCRIPTIONS AND SURVEY QUESTIONS, IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT MEDICAL ADVICE. TEST PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, MITIGATE, OR PREVENT ANY DISEASE. ANY STATEMENTS ABOUT TEST PRODUCTS HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION. 

Assumption of Risk. YOU UNDERSTAND THAT CONSUMING OR USING FOOD PRODUCTS, DIETARY SUPPLEMENTS, AND OTHER CONSUMER PRODUCTS, ESPECIALLY PROTOTYPE AND PRE-RELEASE PRODUCTS, INVOLVES INHERENT RISKS, INCLUDING ALLERGIC REACTIONS, FOOD SENSITIVITIES, DIGESTIVE DISCOMFORT, INTERACTIONS WITH MEDICATIONS OR MEDICAL CONDITIONS, CHANGES IN BLOOD SUGAR, AND OTHER ADVERSE REACTIONS, SOME OF WHICH MAY BE SERIOUS AND SOME OF WHICH MAY NOT BE KNOWN OR FORESEEABLE. YOUR PARTICIPATION IN THE PROGRAM AND YOUR USE OF ANY TEST PRODUCT ARE VOLUNTARY AND AT YOUR OWN RISK, AND YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 

Release of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS, RELEASE, WAIVE, AND DISCHARGE LAKANTO, ITS PARENT, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CO-PACKERS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, DAMAGES, AND LIABILITIES OF ANY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO THE PROGRAM OR YOUR RECEIPT, HANDLING, CONSUMPTION, OR USE OF ANY TEST PRODUCT, INCLUDING CLAIMS FOR PERSONAL INJURY, ILLNESS, OR PROPERTY DAMAGE, AND INCLUDING CLAIMS BASED ON THE NEGLIGENCE OF ANY RELEASED PARTY. THIS RELEASE DOES NOT APPLY TO CLAIMS ARISING FROM A RELEASED PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, OR TO ANY OTHER CLAIM THAT CANNOT BE RELEASED UNDER APPLICABLE LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” YOU WAIVE ANY SIMILAR LAW OF ANY OTHER JURISDICTION TO THE SAME EXTENT. 

Disclaimer of Warranties. TEST PRODUCTS ARE PROVIDED FREE OF CHARGE, “AS IS,” AND “AS AVAILABLE,” FOR TESTING PURPOSES ONLY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LAKANTO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT A TEST PRODUCT WILL BE SUITABLE FOR YOUR DIET, HEALTH, OR NEEDS OR WILL BE FREE OF ANY PARTICULAR INGREDIENT OR ALLERGEN EXCEPT AS EXPRESSLY STATED IN THE INFORMATION WE PROVIDE WITH THAT TEST PRODUCT. 

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY RELEASED PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE PROGRAM OR ANY TEST PRODUCT, AND THE RELEASED PARTIES’ TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PROGRAM OR ANY TEST PRODUCT WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN OF THESE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU. 

Honest Feedback and Reviews. We want your honest opinions, positive, negative, or neutral. Your participation, any Participation Benefit (see Section 14), and your eligibility for future testing opportunities do not depend on whether your feedback or any review is favorable. Nothing in these Terms limits your right to share your honest opinion about any Test Product, any other Lakanto product, or Lakanto, including in public reviews and on social media, and we do not claim ownership of any review you post. If you post, share, or publish anything about a Test Product or Lakanto (for example, a review, social media post, photo, or video), you agree to: (a) clearly disclose, in the post itself (not only in a profile, a link, or a string of hashtags), that you received the product free from Lakanto through the Lakanto Test Kitchen and that you received a promo code, for example: “Lakanto sent me this free to try as part of its Test Kitchen program”; (b) make the disclosure in the same format as your post (for example, say it out loud and show it on screen in a video); and (c) share only your own honest opinions and actual experience with the product. To help keep your posts accurate, we ask that you not describe a Test Product as a final or available product, and that you not state that a Test Product treats, cures, or prevents any disease or condition or produces any specific health result. We may monitor public posts about the Program and may contact you to ask that you add a missing disclosure or correct an inaccurate statement. 

License to Your Feedback and Testimonials. “Submissions” means all survey responses, ratings, comments, suggestions, ideas, photos, videos, and other feedback or content that you provide to us in connection with the Program, and any review, testimonial, or post about a Test Product or Lakanto that you publish and that identifies or tags Lakanto. You grant Lakanto, its affiliates, and their respective licensees, successors, and assigns a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, display, publish, distribute, translate, and create derivative works of your Submissions, in whole or in part, in any media now known or later developed, for any purpose, including product research and development and the advertising, marketing, and promotion of Lakanto and its products. We may edit Submissions for length, clarity, and format, but we will not alter them in a way that changes their meaning or misrepresents your opinion or experience. You also grant us the right to identify you as the source of a Submission by your first name and last initial, your city and state, and any photo, image, or likeness you include in a Submission, in connection with our use of that Submission. We may also use Submissions without identifying you. If we publish a Submission as a testimonial, we will disclose that you received the Test Product free through the Program. You may ask us to stop identifying you in any new materials by contacting us at info@lakanto.com; this will not require us to change materials already published or in production. You waive any right to inspect or approve our use of your Submissions, and you agree that you will not receive any compensation for our use of your Submissions or for any product, improvement, or idea that we develop, other than your participation in the Program and any Participation Benefit. We are not obligated to use any Submission. You represent that each Submission is your own, is truthful and reflects your honest opinions and actual experience and does not infringe or violate any third party’s intellectual property, privacy, or publicity rights. Do not include images of any other identifiable person in a Submission unless you have that person’s permission (or, for a minor, the permission of the minor’s parent or guardian). 

Confidential Information. We may share with you non-public information that we identify as confidential, such as unreleased product names, formulations, ingredient specifications, packaging designs, and planned launch timing (“Confidential Information”). You agree not to disclose Confidential Information to others. Confidential Information does not include your own opinions about, or your own experience with, any Test Product, and this Section does not limit your right to share your honest opinions as described in Section 11. 

Participation Benefit. As a thank-you for participating, we may provide participants with a promotional code for free standard shipping on a future order on lakanto.com, or another benefit that we describe at the time (a “Participation Benefit”). Any Participation Benefit is provided regardless of the content or sentiment of your feedback. Unless we state otherwise, a Participation Benefit is limited to one per participant per Test Product, is non-transferable, has no cash value, cannot be combined with other offers, and expires on the date stated when issued. We may impose additional terms that we disclose when the Participation Benefit is issued. 

Privacy. When you apply for and participate in the Program, we collect the information you provide, which may include your name, email address, phone number, shipping address, age, demographic information, dietary preferences, food allergies and sensitivities, other health-related information you choose to share, and your Submissions. By submitting your application, you consent to our collection and use of this information, including your dietary and other health-related information, to determine your eligibility, select and ship Test Products, communicate with you about the Program, respond to any adverse reaction reports, analyze feedback, and research and develop products, and as otherwise described in these Terms and the Privacy Policy. We may share this information with service providers that help us operate the Program (for example, survey, fulfillment, and shipping providers), subject to the Privacy Policy. Please share only the health-related information that is needed for us to select appropriate Test Products. You may ask to withdraw your consent or to have your Program information deleted by contacting us at info@lakanto.com, subject to our right to retain information as described in the Privacy Policy or as required by law. Withdrawing your consent will end your participation in the Program. Our Privacy Policy explains how we collect, use, share, and protect personal information and describes any privacy rights you may have. If there is a conflict between these Terms and the Privacy Policy regarding personal information, the Privacy Policy controls, except that any more protective commitment in this Section 15 also applies. 

Withdrawal and Termination. You may withdraw from the Program at any time by contacting us at info@lakanto.com. We may remove you from the Program at any time, including if you breach these Terms. Sections 4 through 13, and 15 through 19, survive your withdrawal or removal and the end of the Program. 

Changes to These Terms. We may update these Terms from time to time by posting the updated Terms with a new “Last Updated” date. Updated Terms apply only to Test Products shipped and Submissions made after the updated Terms are posted. If you do not agree to updated Terms, you may withdraw from the Program. 

Governing Law and Disputes. These Terms are governed by the laws of the State of Utah, without regard to its conflict of laws rules. Any dispute arising out of or relating to these Terms, the Program, or any Test Product must be brought exclusively in the state or federal courts located in Utah County, Utah, and you and we consent to the personal jurisdiction of those courts. 

General. These Terms, together with the Privacy Policy and any additional terms we provide for a Participation Benefit, are the entire agreement between you and us about the Program. If any provision of these Terms is held unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms; we may assign them without restriction. Participation in the Program does not make you an employee, agent, or representative of Lakanto, and you may not speak on Lakanto’s behalf. Questions about the Program or these Terms may be sent to info@lakanto.com or 1470 W. 1200 N, Orem, UT 84057.