CHEEZ-IT™
COLLEGE
FOOTBALL SCORE CHEEZ-IT PROMOTION
OFFICIAL
RULES
NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE YOUR CHANCES OF
WINNING. VOID WHERE PROHIBITED.
1. PROMOTION
DESCRIPTION: The Cheez-It™
College Football Score Cheez-It Promotion (the “Promotion”) is a social
media Promotion that begins on 12/27/19 at 12:00:00 AM
Mountain Standard Time (“MST”) and
ends on 12/27/19 at 11:59:59 PM (MST) (the “Promotion Period”).
Throughout
the Promotion Period, eligible entrants will have the opportunity to snap a
photo or video of how you (the entrant) enjoy watching the Cheez-It® Bowl game on 12/27/19 and celebrate
exciting moments such as an interception, a score, a fumble recovery, etc. (optional:
include a Cheez-It® product in your photo or video) and then
tweet your photo or video on Twitter along with the Hashtag and tag Cheez-It®
(as defined below) (the “Submission”),
as more fully set forth below. There will be six (6) Grand Prize
winners in the Promotion that will be randomly selected at the conclusion
of the Promotion Period.
By
participating in the Promotion and posting a Submission using the Hashtag, 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: Promotion 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: Go online to
Twitter.com, log into your Twitter account, tweet your Submission and Tag @cheezit (the “Tag”) along with the Hashtag #ScoreCheezItEntry
(the “Hashtag”). All 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 Promotion.
You must be a registered Twitter member to enter via the Twitter method
of entry. Twitter account registration and Promotion entry is free.
Direct any questions, comments, or complaints regarding the
Promotion to Sponsor, not Twitter. Limit twenty (20) entries per person/Twitter
account in the Promotion, but each entry by an individual must be uniquely
different for other entries that he/she has submitted in the Promotion –
duplicate entries will be void.
Each
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 platform or in the applicable app store;
·
If the photo or
video includes any individual other than the entrant, then the entrant must
obtain permission from the individual(s) appearing in the photo or video prior
to entry of the Submission;
·
Photo/video may
not contain any third party marks and/or logos;
·
Entrant must be
the rightful owner of the Twitter account associated with the Submission; and
must be the rightful owner of any photo/video included with the Submission;
·
Submission must
comply with Twitter’s terms and conditions as posted on its platform;
·
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
Promotion 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 the Twitter platform 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. WINNER
SELECTION AND NOTIFICATION: Six (6) Grand Prize winners will be randomly selected from all eligible
entries received during the Promotion Period on or about 1/3/20 by Sponsor or
its designee, whose decisions are final.
Any potential winner will be the entrant of the
Submission that is associated with an entry that is randomly selected as a
winning entry, subject to eligibility verification. Potential
winners will be notified via public reply within seventy two (72) hours of the
random drawing 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 selected. Potential Grand Prize winners must execute an Affidavit of
Eligibility/Liability Release, and (where imposing such condition is legal) a
Publicity Release (collectively, “Prize
Claim Documents”). 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 selected.
5. 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 Promotion, 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.
6. GRANT OF
RIGHTS: Each entrant into the Promotion 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 Promotion 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.
7. PUBLICITY
RELEASE: By participating in
the Promotion, 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
Promotion, 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.
8.
PRIZES/APPROXIMATE RETAIL VALUES (ARV)/ODDS: Six (6) Grand Prizes are available. Each Grand Prize winner will receive a
one-year supply of Cheez-It® products of his/her choice
of preferred flavor (ARV $197.40 ea. winner / prize to be awarded in two (2)
shipments for a total of sixty (60) boxes of product; one shipment upon
completion of winner verification three (3) cases or thirty-six (36) boxes of
product and one shipment six (6) months later two (2) cases or twenty-four (24)
boxes of product). Total ARV of all prizes $1,184.40.
Odds of winning depend on the total number of eligible entries received. Unclaimed prizes will not be awarded. All applicable federal, state, and local
taxes on prize are the sole responsibility of the prize winners. Limit
one (1) prize per person.
9. GENERAL:
By participating in the Promotion, 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 Promotion or in any Promotion 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
Promotion, 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 Promotion 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
Promotion, Sponsor reserves the right in its sole discretion to cancel,
terminate, modify, suspend or extend the Promotion 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 Promotion,
or to annoy, abuse, threaten or harass any other person in connection with the
Promotion, 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.
10. 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 PROMOTION 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.
11. PRIVACY: For information about how the Sponsor uses your
personal information, please see its privacy policy, located at http://www.kelloggcompany.com/privacy.aspx.
12. WINNER’S
LIST:
For names of winners, send a
self-addressed, stamped envelope by 3/20/20 to: Cheez-It™ College
Football Score Cheez-It Promotion, Attn: Winner’s List,
13. SPONSOR: Kellogg Company,
®,™,
© 2019 Kellogg NA Co.
This PROMOTION 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 PROMOTION.