CHEEZ-IT™ COLLEGE FOOTBALL CHEEZPICKMEPAT CONTEST
NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
1. PROMOTION DESCRIPTION: The Cheez-It™ College Football CheezPickMePat Contest (the “Contest”) is a social media Contest that begins on 12/5/19 at 12:00:00 AM Eastern Time (“ET”) and ends on 12/15/19 at 11:59:59 PM (ET) (the “Promotion Period”).
Throughout the Promotion Period, eligible entrants will have the opportunity to snap a photo or shoot a short video of how you (the entrant) prove your love for Cheez-It® (optional: include Cheez-It® product(s) in your photo or video) and then share your photo or your video in the form of a tweet on Twitter (the “Submission”), as more fully set forth below. For purposes of these Official Rules, a “Day” is defined as any 24-hour period beginning at 12:00:00 AM (ET) and ending at 11:59:59 PM (ET). There will be three (3) Grand Prize winners in the Contest that will be determined using the below noted judging criteria at the conclusion of the Promotion Period.
By participating in the Contest and posting a Submission using the “Hashtags” and the “Tags” (both as defined below), each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Kellogg Company (“Sponsor”), which shall be final and binding in all respects.
2. ELIGIBILITY: Contest is open only to legal residents of the fifty (50) United States and District of Columbia and are eighteen (18) years of age or older at time of entry. Employees of Kellogg Company, its parent company, their subsidiaries, affiliates, advertising, promotion and other agencies (collectively, the “Promotion Entities”), and their immediate family members and/or those living in the same household of each are not eligible to participate. Void where prohibited by law. All federal, state, and local laws and regulations apply.
3. HOW TO ENTER: To enter the Contest, go online to Twitter at https://www.twitter.com, log into your Twitter account and tweet your Submission, tag @cheezit (the “Tag”), and include the hashtag #CheezPickMePatEntry (the “Hashtag”). All Twitter Submissions must be posted to a non-private Twitter account and MUST include the Tag and the Hashtag to be eligible as an entry into the Contest. You must be a registered Twitter member to enter via the Twitter to enter the Contest. Twitter account registration and Contest entry is free.
Direct any questions, comments, or complaints regarding the Contest to Sponsor, not Twitter. Limit five (5) entries per person/Twitter account, per Day in the Contest. Each entry from an entrant must be uniquely different from other entries submitted by the entrant; duplicate entries will disqualified at the Sponsor’s discretion.
Submission must meet the following “Submission
Requirements” (any Submission that, in Sponsor’s sole and absolute
discretion, violates the following criteria will be disqualified):
· Submissions must be posted to a non-private Twitter account; Twitter account can be obtained for free at the Twitter website or in the applicable app store;
· Any photo and/or video that is included in the Submission which includes any individual other than the entrant, then the entrant must obtain permission from the individual appearing in the photo and/or video prior to entry of the Submission;
· Entrant must be the rightful owner of the Twitter account associated with the Submission; and must be the rightful owner of any photo and/or video included with the Submission;
· Submission must comply with the Twitter’s terms and conditions as posted on the Twitter website;
· Submission must NOT contain subject matter which is, or could be considered, in the sole discretion of the Promotion Entities, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), defamatory, libelous, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., illegal gambling, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, hateful, degrading, harassing, or otherwise unlawful, tortious or objectionable;
· Submission must NOT contain any derogatory references to any of the Promotion Entities.
Note: Sponsor reserves the right, in its sole discretion, to disqualify any entry in the Contest if Sponsor views the Submission as potentially infringing or otherwise a violation or potential violation of a third party’s rights or if it deems the Submission to be lacking in taste, quality, or to be otherwise objectionable.
Entrants understand that they are posting their Submission at their sole risk. Sponsor is not responsible for any claims arising from the Submissions, specifically including, but not limited to, claims for intellectual property infringement and privacy rights violations, as well as violations of Twitter’s terms and conditions.
Proof of submission is not considered proof of delivery to or receipt of such entry. Furthermore, Sponsor shall have no liability for any entry that is lost, intercepted or not received by the Sponsor.
4. CONTEST JUDGING: At the conclusion of the Contest Period, all eligible entries received will be judged based on the following judging criteria: Creativity sharing love of Cheez-It® (50%); and Submission reflects the Contest theme (50%). The judging of entries will be conducted under the supervision of Sponsor and its designees, whose decisions are final and binding in all respects relating to selections. In the event of a tie between any entries, the tied entry with the highest score in the “Creativity sharing love of Cheez-It®” judging criteria will be the declared the Grand Prize winner from among the tied entries.
5. WINNER SELECTION AND NOTIFICATION: Potential winners will be notified via direct message within seventy two (72) hours of the completion of the judging with instructions on how to verify eligibility and claim the prize using contact information provided or collected at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within two (2) business days of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners in accordance with the above procedure, after which the prize may go unawarded if it remains unclaimed. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be determined using the judging criteria described herein. Potential Grand Prize winner must execute an Affidavit of Eligibility/Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). Guest of Grand Prize winner (for minor child, his/her parent or legal guardian must be the Grand Prize winner and must sign on their behalf) must sign and return a Liability/Publicity Release prior to awarding of prize. If winner fails or refuses to sign and return all Prize Claim Documents within ten (10) days after prize notification (or a shorter time if required by exigencies), winner may be disqualified and an alternate winner may be determined using the judging criteria described herein.
6. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each entrant represents and warrants as follows: (i) the Submission is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Submission is wholly original with the entrant; and (iii) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. By participating in the Contest, each entrant unconditionally warrants that his/her Submission complies with and abides by the submission requirements as provided in the Official Rules. Each entrant hereby agrees to indemnify and hold the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
7. GRANT OF RIGHTS: Each entrant into the Contest hereby irrevocably grants to Sponsor, its designees, affiliates, successors and assigns, the non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display the Submission and/or in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol in perpetuity and throughout the universe for advertising, marketing, publicity and promotional purposes in connection with the Contest and other promotions. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein.
8. PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant or winner of the Contest, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, and biographical information in any and all media for any purpose, including without limitation, advertising and promotional purposes, without further compensation, notification, or permission in perpetuity and hereby releases the Promotion Entities from any liability with respect thereto.
9. PRIZES/APPROXIMATE RETAIL VALUES (ARV)/ODDS: Three (3) Grand Prizes are available to be awarded – Each Grand Prize winner will receive the Grand Prize (“Grand Prize”) which consists of a 3-day/2-night trip for winner and one (1) guest to the 2019 Cheez-It® Bowl in Phoenix, AZ and sit in the Cheez-It® Box with Pat McAfee (ARV $3,800 ea. winner). Grand Prize trip includes: round-trip coach air transportation for winner and one (1) guest between a major commercial airport in the United States closest to the winner's primary U.S. residence (as selected by Sponsor in its sole discretion) and Phoenix, AZ; standard double-occupancy hotel accommodations consisting of one (1) room for two (2) nights; and the opportunity for winner and his/her guest to attend the 2019 Cheez-It® Bowl game in Phoenix, AZ on 12/27/19 and sit in the Cheez-It® Box with Pat McAfee. Trip must be taken from 12/26/19 – 12/28/19 or prize will be forfeited in its entirety. No transfer or substitution of trip elements will be permitted. Winner and his/her guest must depart/return from the same major airport and travel on same itinerary. Trip does not include taxes, meals, tips, gratuities, service charges, hotel room service, laundry service, alcoholic beverages, merchandise, souvenirs, local and long distance telephone calls, airport charges, or any other service or item not specifically described above. Trip is not redeemable for cash. Actual retail value of prize may vary depending on location of winner’s residence and may fluctuate due to market conditions, changes in value of components, (e.g. air transportation and hotel rates) and other reasons. In the event any scheduled event associated with the prize and/or any other component of the prize is cancelled, delayed, or postponed for any reason outside the control of the Sponsor, Sponsor will have no further obligation, other than to award the remainder of the prize. Odds of winning depend on the total number of eligible entries received from all entry methods combined. Unclaimed prize will not be awarded. All applicable federal, state, and local taxes on prize are the sole responsibility of the prize winner. Limit one (1) prize per person in the Contest. Grand Prize winner will receive an Internal Revenue Service Form 1099 for the ARV of the prize for the tax year in which the prize was awarded.
10. GENERAL: By participating in the Contest, each entrant agrees that the Promotion Entities (i) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or in any Contest related activity, or from entrant’s acceptance, receipt, possession and/or use or misuse of any prize, and (ii) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize and specifically disclaim all such warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. The Promotion Entities assume no responsibility for any damage to an entrant’s or any other person’s computer system which is occasioned by participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, social media platforms or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of the prize or in any prize notification documents, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. If, for any reason, the Contest is not capable of running as planned, including, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right in its sole discretion to cancel, terminate, modify, suspend or extend the Contest and, in the event of any termination or cancellation, select any remaining winners from among all eligible, non-suspect entries received prior to the termination or cancellation provide a sufficient number of eligible Submissions have been received. Any attempt by an entrant or any other individual to deliberately undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person in connection with the Contest, is in violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to disqualify the applicable individual and seek damages and other remedies from any such person to the fullest extent permitted by law. If any provisions of these Official Rules are determined to be invalid or unenforceable, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained herein.
11. Governing Law/Jurisdiction: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF MICHIGAN WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
For names of winners, send a
self-addressed, stamped envelope by 2/29/20 to: Cheez-It™ College
Football CheezPickMePat Contest,
Attn: Winner’s List,
14. SPONSOR: Kellogg Company,
®,™, © 2019 Kellogg NA Co.
This CONTEST is in no way sponsored, endorsed or administered by, or associated with TWITTER. TWITTER IS completely released of all liability by each entrant in this CONTEST.