Krusteaz – Win $100 gift card plus 52 Krusteaz product coupons for WEEKLY prizes until March 16, 2015!
NO PURCHASE NECESSARY. CONTEST VOID WHERE PROHIBITED.
CONTEST OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO ARE AT LEAST AGE 18 (OR THE AGE OF MAJORITY UNDER APPLICABLE LAW, WHICHEVER IS OLDER) AND WHO, BY START OF THE CONTEST PERIOD (DEFINED BELOW), OWN A MOBILE DEVICE WITH INTERNET ACCESS AND THE ABILITY TO DOWNLOAD AND RUN THE MOBILE INSTAGRAM APPLICATION (“APP” OR “INSTAGRAM APP”). IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE, AND CONTINENTAL MILLS, INC. (“SPONSOR”) RESERVES THE RIGHT NOT TO AWARD PRIZES TO YOU. To be eligible to win a prize, entries must be completed and received by Sponsor in the manner and format designated below. All applicable federal, state and local laws and regulations apply. This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram, Inc.
Sponsor, all participating sponsors, Instagram, Inc., and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Contest disruptions, injuries, losses or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Contest.
3. CONTEST PERIOD:
The Contest begins at 12:01 a.m. Pacific Time on 2/17/2015 and ends at 11:59 p.m. PT on 3/16/2015.
The Contest Period will be divided into FOUR weekly entry periods (each, an “Entry Period”) as follows:
• Entry Period 1: Begins 12:01 a.m. PT on 2/17/15 and ends 11:59 p.m. PT on 2/23/15.
• Entry Period 2: Begins 12:01 a.m. PT on 2/24/15 and ends 11:59 p.m. PT on 3/2/15.
• Entry Period 3: Begins 12:01 a.m. PT on 3/3/15 and ends 11:59 p.m. PT on 3/9/15.
• Entry Period 4: Begins 12:01 a.m. PT on 3/10/15 and ends 11:59 p.m. PT on 3/16/15.
4. IDENTITY OF ENTRANT:
If a dispute arises regarding the identity of an entrant, the associated Entry will be deemed made by the authorized account holder of the Instagram account associated with the Entry. The “authorized account holder” is the natural person who is assigned the Instagram username by Instagram. Potential winners may be required to provide Sponsor with proof that they are the authorized account holder of the Instagram account associated with a potentially winning Entry. Sponsor reserves the right to verify all Entries.
5. HOW TO ENTER:
Entrants must have an Instagram account and App to enter the Contest.
You can create an Instagram account at www.instagram.com, and can download the Instagram App from your participating mobile app store. There is no charge by Instagram to download or use the App. However, standard data rates may apply, so contact your wireless service provider for pricing data plan details.
To enter, you must take the following steps during the Contest Period:
• First, use your web-enabled mobile device, launch the Instagram App and, if you have not already done so, follow Krusteaz on Instagram. You can search “Krusteaz” in the App or visit http://instagram.com/Krusteaz in an internet browser to locate and follow @Krusteaz.
• Then, use your mobile device, capture and upload to Instagram one photo of a breakfast creation you have prepared that showcases your breakfast creativity, together with the hashtags #BreakfastArtist and #KrusteazContest in the description to receive one entry (“Entry”) into the applicable Entry Period. Entries that do not include both hashtags will be void.
Entries generated by script, macro or other automated means or practices, Entries submitted using fake Instagram accounts, multiple Instagram accounts by the same person, or Entries submitted by any means which are fraudulent, unfair, or otherwise subvert the entry process or undermine the fairness of the Contest will be void.
Up to three Entries per person, per Entry Period, are permitted. Sponsor reserves the right to void Entries received from any person or Instagram username in excess of the stated limitation. If you submit more than one Entry in the Contest, each Entry must consist of a different photo featuring a different breakfast creation.
6. ENTRY REQUIREMENTS:
Entries must not contain, as determined by the Sponsor, content that:
• is sexually explicit or suggestive; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
• promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous;
• promotes any particular political agenda or message;
• is obscene or offensive; endorses any form of hate or hate group; defames, misrepresents or contains disparaging remarks about any people or companies;
• contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, except for Krusteaz elements which may only be used for this Contest in accordance with these Official Rules;
• contains any personal identification, such as personal names, street addresses or e-mail addresses, except for entrant’s Instagram username;
• contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), except for Krusteaz elements which may only be used for this Contest in accordance with these Official Rules;
• contains materials embodying the names, likenesses, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
• contains, displays, shows, or refers to any individual other than the entrant, without permission;
• communicates messages or images inconsistent with the positive images and good will with which Sponsor wishes to associate; and/or violates any law, rule, or regulation.
By submitting your Entry, you agree that your Entry conforms to these Official Rules and that Sponsor may choose to disqualify your Entry for any reason, including if Sponsor determines that your Entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content.
7. NON-INFRINGING ENTRY MATERIALS:
You hereby warrant and represent that (a) you own all rights in and to the Entry submitted by you (including, without limitation, all copyright and other intellectual property rights) and the Entry is original to you or, alternatively, you have obtained all necessary rights, consents and permissions (including without limitation consents for third-party names, images, and likenesses) to use, post and submit the Entry in connection with the Contest and to provide all the rights, consents, and permissions specified in these Official Rules; and (b) the Entry and the use thereof as contemplated herein does not and will not violate or infringe upon any law, rule, or regulation or the rights of any third party, including, without limitation, any copyright, trademark, patent, or any rights of publicity or privacy, or any other intellectual property or proprietary rights.
8. SPONSOR RIGHTS TO ENTRIES.
By entering the Contest and submitting your Entry, you hereby grant to Sponsor a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your Entry, or any portion thereof, in connection with the Contest and for any entertainment, instructional, educational, advertising, marketing and promotional purposes, including on the Krusteaz Instagram pages or other Sponsor websites or social media pages, and to incorporate Entries, in whole or in part, into other works in any manner, form, media or technology now known or later developed. Sponsor is not obligated to publish or use or retain any Entry you submit. You agree that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this paragraph. You agree to take, at Sponsor’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor’s rights as set forth above in this paragraph and these Official Rules. You will not be entitled to compensation for any use by Sponsor, or its agents, licensees or assignees, of your Entry.
9. PROMOTION RULES.
Winners will be determined as follows:
WEEKLY PRIZE WINNER DETERMINATION: One winner per Entry Period will receive one Weekly Prize. Limit one Weekly Prize per person. Within five business days of the end of each Entry Period, all eligible Entries received by Sponsor for the applicable Entry Period will be judged by a panel of qualified, sponsor-selected judges (“Weekly Winner Judges”) based on the following criteria: 40% creativity of photo, 30% aesthetic quality of photo, and 30% personality of photo. The one Entry with the highest total score granted by the Weekly Winner Judges will be deemed the potential Weekly Prize winner for the applicable Entry Period. In the event of a tie, an additional, “tie-breaking” judge chosen by Sponsor will determine the potential weekly winner for the applicable Entry Period based on the aesthetic quality of the photo.
GRAND PRIZE WINNER DETERMINATION: One Weekly Prize winner will also receive one Grand Prize. The four Weekly Prize winning Entries (one selected for each Entry Period, as outlined above) will be judged by a second panel of qualified, sponsor-selected judges (“Grand Prize Judges”) on or around 3/24/2015, based on the following criteria: 40% creativity of photo, 30% aesthetic quality of photo, and 30% personality of photo. The one Weekly Prize winning Entry with the highest total score granted by the Grand Prize Judges will be deemed the potential Grand Prize winner. In the event of a tie, an additional, “tie-breaking” judge chosen by Sponsor will determine the potential Grand Prize winner based on the aesthetic quality of the photo.
WINNER NOTIFICATION: Potential winners will be notified via Instagram Direct and/or a comment on the winning photo. To claim a prize, winners should follow the instructions contained in their notification. Potential winners may be required to complete and return an Affidavit of Eligibility, IRS W9 form, and Release of Liability/Publicity in order to be eligible to win a prize. If such documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential winner within a reasonable time period or a potential winner is not in compliance with these Official Rules, prize will be forfeited and Sponsor may have the judges select an alternate prize winner based on the judging criteria.
Winners’ names will also be announced on the Krusteaz Instagram account at https://www.instagram.com/Krusteaz on or around March 25, 2015.
The following prizes will be awarded:
• Four Weekly Prize winners (one (1) per Entry Period), will each receive: One $100 prepaid general purpose gift card. Seehttp://usa.visa.com/personal/personal-cards/gift-cards/faq.jsp for gift card terms and conditions.
• One Grand Prize Winner will receive, in addition to the Weekly Prize noted above: 52 Krusteaz coupons with each coupon valid for any Krusteaz product up to $4.00 in value. Coupon prize terms and limitations follow: Coupons will expire 2 years from issue date. Coupons must not be assigned, transferred, or copied. Coupons not valid with any other discounts or offers. The coupons are not available at retail. ARV of Grand Prize: $208.
Total ARV of all Prizes to be awarded: $608.
11. ODDS, TAXES, ETC.
Odds of winning a prize depend on number and quality of eligible Entries received. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. All prizes will be awarded. Prizes returned as undeliverable or otherwise not claimed within thirty (30) days after delivery of notification will be forfeited. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners may not substitute, assign or transfer a prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. Winners are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion.
12. GENERAL RELEASE:
By entering the Contest, you release Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
13. USE OF WINNER’S NAME, LIKENESS, ETC.
Except where prohibited by law, entry constitutes permission to use each entrant’s name, hometown (city and state), voice, biographical information, likeness, photograph and any statements regarding this Contest in all media now known or hereafter discovered, for any purpose, including without limitation, in connection with, and to promote, market or advertise, the Contest, in whole or in part, without review, approval, credit or attribution, notification or payment from or to entrant or any person or entity, worldwide, in perpetuity, or on a winners’ list, if applicable.
15. GOVERNING LAW/ARBITRATION:
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES INDIVIDUALLY AND PREVENTS YOU FROM SUING IN COURT OR HAVING A JURY TRIAL. Any dispute, claim, or controversy arising out of or related to the Contest or these Official Rules and the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the determination of the scope or applicability of this agreement to arbitrate, will be determined by arbitration. Notwithstanding the preceding sentence, neither you nor Sponsor is required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. The state or federal courts in King County, Washington, will have exclusive jurisdiction over any suit not subject to arbitration. You and Sponsor will (a) notify each other of any dispute within 30 days of when it arises and (b) attempt informal resolution prior to any demand for arbitration. Arbitration will be administered by JAMS (or its successor) pursuant to its Streamlined Arbitration Rules and Procedures, and conducted by a single arbitrator in King County, Washington, unless the arbitrator determines differently. Except as expressly provided herein, the arbitrator has the authority to grant any remedy that would otherwise be available in court. The parties will implement the JAMS Optional Arbitration Appeal Procedure with respect to any final award. The Contest and these Official Rules, including any disputes hereunder, will be governed, construed and interpreted under the laws of the state of Washington, U.S.A., without giving effect to any conflict of laws principles. Whether the dispute is heard in arbitration or in court, you and Sponsor will not commence against the other a class action, class arbitration, or other representative action or proceeding.
16. WINNERS’ LIST; RULES REQUEST:
For the names of the winners, available after March 30, 2015, send a separate, self-addressed, stamped envelope to: Winners’ Names, Krusteaz Breakfast Artist Contest, 18100 Andover Park West, Tukwila, WA 98188. To obtain a copy of these Official Rules, visit [https://www.krusteaz.com/Instagram/breakfastartistcontest/Rules] or send a stamped, self-addressed business-size envelope to: Rules Request, Krusteaz Breakfast Artist Contest, 18100 Andover Park West, Tukwila, WA 98188.
17. INTELLECTUAL PROPERTY NOTICE.
The Contest and all accompanying materials are copyright © 2015 by Continental Mills, Inc. All rights reserved. KRUSTEAZ is a registered trademark of Continental Mills, Inc.
By participating, you agree to be bound by these Official Rules and the decisions of the Sponsor, which are binding and final in all matters relating to this Contest. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. Sponsor reserves the right, in its sole discretion to disqualify any person tampering with the entry process, the operation of the web site or otherwise in violation of these Official Rules. Sponsor further reserves the right, in its sole discretion, to cancel, terminate or modify this Contest if the Contest is compromised by virus, technical corruption, non-authorized human intervention, or any other causes which, in the sole discretion of the Sponsor, corrupt or affect the administration, security, fairness, proper play or integrity of the Contest. In the event of cancellation or termination, Sponsor reserves the right to select the potential winner(s) for the applicable Entry Period(s) or Grand Prize winner from among all eligible, non-suspect Entries or votes received for the applicable Entry Period(s) prior to date of cancellation or termination using the judging processes detailed herein. If you have any questions about these Official Rules or the Promotion, please e-mail them to email@example.com with the subject line: Krusteaz Breakfast Artist Contest Questions.