Mom Brands – Kung Fu Panda Awesome Adventure – Win a grand prize of a 7-night Royal Caribbean Cruise for 2 valued up to $10,800 ARV OR 1 OR 1 of 404 minor prizes
KUNG FU PANDA
AWESOME ADVENTURE GIVEAWAY
NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM PRIZES. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. MANY WILL ENTER, FEW WILL WIN.
OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 13 YEARS OLD AT THE TIME OF ENTRY.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
The Kung Fu Panda Awesome Adventure Giveaway (“Promotion”) is sponsored by MOM Brands Company, LLC (“Sponsor”), 20802 Kensington Blvd, Lakeville, MN 55044, and is administered by Prize Logic, LLC, (“Administrator”), 25200 Telegraph Road, Suite 405, Southfield, MI 48033.
1. PROMOTION PERIOD: The Promotion begins on December 14, 2015 at 12:00 PM (noon) Eastern Time (“ET”) and ends on May 31, 2016, at 11:59:59 PM ET (“Promotion Period”). The Promotion consists of an “Instant Win Game” and a “Sweepstakes.” The Administrator’s computer is the Promotion’s official clock.
2. ELIGIBILITY: This Promotion is offered only to legal residents of the fifty (50) United States and the District of Columbia who are at least thirteen (13) years old at the time of entry. Minors (under 18) must have written permission from their parent/legal guardian to participate. Employees of Sponsor, Administrator, Post Foods, LLC, Post Holdings, Inc., Fandango Media, LLC, DreamWorks Animation, LLC, and any of their respective owners, parent companies, affiliates, directors, subsidiaries, franchisees, representatives, advertising, promotion and production agencies, agents (collectively, the “Promotion Entities”) and their immediate family members (i.e., spouse, parent, child, sibling, and the “steps” of each) and persons living in the same household of each are not eligible to participate in the Promotion. Void where prohibited or restricted by law. All federal, state and local laws apply.
Participation constitutes entrant’s (and if a minor, his/her parent or legal guardian’s) full and unconditional agreement to these Official Rules and Sponsor and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor or Administrator. For purposes of the Promotion, an entrant’s residential address and e-mail address will be the physical address and e-mail address submitted at the time of entry. Entrants will not be allowed to change their physical address or e-mail address. If it is discovered or suspected that an entrant has registered or attempted to register for the Promotion using multiple e-mail addresses or multiple identities, all of that entrant’s entries will be declared null and void and any prize an entrant might have been entitled to win will not be awarded any may be revoked. Use of any automated system or any like methods to participate in the Promotion is prohibited and will result in disqualification of any entrant attempting such use.
3. HOW TO ENTER THE SWEEPSTAKES: During the Promotion Period, an eligible entrant must visit http://KFP3awesomeadventure.com (“Website”), and follow the on-screen prompts to the Promotion where he/she must enter his/her valid e-mail address. If it is the entrant’s first visit to the Website, then he/she must complete and submit the registration form by providing the information requested by Sponsor including, but not limited to: complete first and last name, street address (P.O. Boxes are not permitted), city, state, ZIP Code, daytime phone number, date of birth, and indication of acceptance of these Official Rules. Upon submitting the registration information, the entrant will receive one (1) entry into the Sweepstakes (“Entry”).
Additional Sweepstakes Entries: An eligible entrant may receive additional Sweepstakes Entries by completing the following:
a) Trivia: During the Promotion Period, an entrant may then follow the on-screen instructions to answer a series of trivia questions. Regardless of whether the entrant answers the questions correctly, the entrant will receive one (1) Entry into the Sweepstakes after answering the trivia questions. NOTE: The trivia question answers do not affect the entrant’s chances of winning. Limit one (1) additional Entry through this method, during the Promotion Period.
b) Share with Friends: During the Promotion Period, an entrant may obtain up to five (5) additional Entries into the Sweepstakes by following the instructions on the Website and set forth below to share the Sweepstakes on Facebook and/or Twitter. Upon clicking the buttons to share the Sweepstakes, a message with a unique link will be posted to the entrant’s choice of his/her Facebook Wall or Twitter Feed (“Invitation Post”). To obtain an Entry, an entrant’s Facebook “Friend” or Twitter follower must click on the unique link in the Invitation Post and complete and submit the registration information requested, and enter the Sweepstakes. Upon the Friend’s/follower’s successful entry into the Sweepstakes, the original entrant will receive one (1) additional Entry. An entrant will receive one (1) Entry for each Friend/follower who enters the Sweepstakes by following the unique link in his/her Invitation Post, up to maximum of five (5) total Entries through this method, regardless of whether the Friend/follower entered via a Facebook or Twitter Invitation Post.
c) Enter a Code: To receive Entries through this method you must have a code (“Code”). After receiving a Code, through one (1) of the methods set forth below, an entrant must visit the Website and follow the links and instructions to enter the Code. Regardless of the method used to obtain a Code, an entrant may enter one (1) Code per day to receive one (1) additional Entry per day, into the Sweepstakes. In addition, and as set forth below, after all five (5) character cards are unlocked or after the Free Code is used five (5) times (1 time per day), the entrant will receive an additional five (5) Entries. Codes may be obtained through one (1) of the following methods listed below:
a. Purchase participating cereal product: During the Promotion Period, entrants may purchase participating cereal products to obtain the common Code printed on the box, while supplies last. For a list of participating products see Section 14 below. There are five (5) Codes available through this method. For each Code entered, the entrant will receive one (1) additional Entry into the Sweepstakes and unlock a character card. A Code may be entered one (1) time per day, during the Promotion Period. If all five (5) Codes are entered and all five (5) character cards are unlocked, the entrant will receive an additional five (5) Entries into the Sweepstakes.
b. Receive a Code without purchasing a cereal product: To receive a Code without making a purchase, entrants may use the following Code PoPowerCrunch (“Free Code”). The Free Code may be entered one (1) time per day during the Promotion Period. After the Free Code has been used five (5) times (1 time per day), the entrant will automatically receive five (5) additional entries into the Sweepstakes.
An entrant will receive no more than the stated number of Entries during the Promotion Period. For purposes of this Promotion a day is defined as starting at 12:00 AM ET and ending at 11:59:59 PM ET, except on December 14, 2015 when a day starts at 12:00 PM ET. In the event that a household enters the Promotion using more than five (5) unique e-mail addresses, all of the Entries/Game Plays (as defined below) associated with that household (determined by Sponsor or Administrator in their sole discretion) may be disqualified. If it is discovered or suspected, in Sponsor’s sole discretion, that an entrant plays or attempts to receive more than the stated number of Entries/Game Plays, all of that entrant’s Entries/Game Plays, in Sponsor’s sole discretion, may be declared null and void and any prize(s) he/she might have been entitled to will not be awarded to him/her.
4. HOW TO PLAY THE INSTANT WIN GAME: Upon submitting a Code, the entrant will also receive one (1) game play (“Game Play”). After the Game Play, the entrant will receive notification on the Website screen as to whether he/she is a potential “Instant Winner” (“Notification”). Each entrant who receives a winning Notification will be deemed a potential Instant Winner subject to verification of the entrant’s eligibility and compliance with these Official Rules, as determined by Sponsor in its sole discretion. An entrant is not a winner of any prize, even if the Notification should so indicate, unless and until entrant’s eligibility and the potential winning Game Play have been verified and entrant has been notified that verification is complete. Sponsor will not accept screen shots or other evidence of winning in lieu of its validation process. Any Game Play that occurs after the system has failed for any reason is deemed a defective play, is void, and will not be honored. Regardless of the method used to obtain a Code, there is a limit of one (1) Game Play per day, during the Promotion Period.
5. RANDOM DRAWING: On or about June 1, 2016, Administrator will randomly select one (1) potential Sweepstakes grand prize winner and four (4) potential Sweepstakes bonus prize winners from among all eligible entries received during the Promotion Period. There will be no more than one (1) Sweepstakes grand prize winner and four (4) Sweepstakes bonus prize winners. Each winner is deemed to be a potential winner, pending verification of eligibility and compliance with these Official Rules, as determined by Sponsor and Administrator, in their sole and absolute discretion.
6. PRIZES, ODDS OF WINNING, AND APPROXIMATE RETAIL VALUE (“ARV”): A. SweepstakesPrizes:
i. Grand Prize (1): The grand prize includes two (2) 7-night Royal Caribbean Cruise certificates and up to $4,000 awarded as a check made payable to the winner ($1,000 per traveling guest) (“Grand Prize”). Each Grand Prize 7-night Caribbean Cruise certificate is redeemable for one (1) double-occupancy state room for up to two (2) people. If winner travels with less than three (3) guests, winner will not receive any
additional compensation. The ARV of the Grand Prize is up to $10,800. The actual value of the Grand Prize may vary based on factors including but not limited to, if guest(s), and the number of guests that accompany the winner. Any difference between the stated ARV and actual value of the Grand Prize will not be awarded.
Cruise certificate is valid 365 days from the day prize winner is selected, no later than June 30, 2017. The cruise certificate includes standard guest accommodations: most meals and activities; excludes alcohol, gambling at the casino, photographs, excursions, and all other items for which an additional charge applies. Cruise certificate is limited to a Caribbean itinerary and is only valid on the following ships: Liberty, Freedom, Oasis, or Allure. All travel must be taken by June 30, 2017 or the Grand Prize may be forfeited, at Sponsor’s sole discretion. The winner’s guests must be at least eighteen (18) years of age or be the minor child or legal ward of the winner. If the winner is a minor in his/her jurisdiction of residence, the winner will be required to travel with his/her parent or legal guardian as the guest. Guests (or if a minor, his/her parent or legal on the minor’s behalf) will be required to complete and return a Liability & Publicity Release prior to any booking. If the winner elects to travel
without guests, no additional compensation will be awarded.
All costs and expenses not specifically included herein are solely each winner’s responsibility, including but not limited to, all applicable federal, state and local taxes. The winner and his/her guest are each solely responsible for obtaining any desired or necessary travel documents (including government-issued photo identification and passport with at least six months validity remaining). Further, if traveling internationally, the winner and his/her guest must be willing and legally able to travel internationally. The winner and his/her guest(s) hereby acknowledges that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for any part of the Grand Prize. The winner and his/her guests (up to 3) are responsible for all in-room charges (e.g., mini-bar, movies), telephone calls, meals, beverages, gratuities, upgrades, personal incidentals, amenities and any other fees and expenses not specifically mentioned in these Official Rules. The winner will be required to provide a major credit card upon check-in and all in-room charges will be charged to the credit card. Sponsor bears no responsibility if any event, element or detail of the Grand Prize is canceled, postponed or becomes unavailable for any reason. Should any event, element or detail of a prize become unavailable, the Sponsor shall have no obligation to the winner aside from providing the remaining portion of the Grand Prize, minus any unavailable event, element or detail.
ii. Sweepstakes Bonus Prizes (4): The bonus prize is a year supply of MOM Brands cereal awarded in free product coupons with a value up to $338 (“Bonus Prize”). There will be four (4) Bonus Prizes available. The ARV of each Bonus Prize is $338.
i. Kung Fu Panda Swag Bag Prizes (100): The Instant Win Game Swag Bag prize is an official Kung Fu Panda Swag Bag (“Swag Bag Prize”). Each Swag Bag Prize includes Kung Fu Panda DVD/Blu-Ray combo pack, Kung Fu Panda 2 DVD/Blu-Ray
￼Cruise is subject to the terms of the cruise certificate, ROYAL CARIBBEAN INTERNATIONAL’s passenger ticket contract and applicable brochure. Winner may select a DreamWorks Experience ship, which would include activities and dining with
combo pack and Kung Fu Panda 3 branded merchandise: drawstring bag, t-shirt, cap, and Po chopsticks. There will be no more than one hundred (100) Swag Bag Prizes available. Size of t-shirt will be selected by Sponsor in its sole discretion. The ARV of each Swag Bag Prize is $115.
ii. Movie Ticket Prizes (300): The Instant Win Game Movie Ticket prize is a four (4) pack of movie tickets awarded as a Fandango Promotional Code valid towards 4 movie tickets ($11 per ticket, up to $44 total ticket and convenience fee value) to see any movie (“Movie Ticket Prize”). Fandango Promotional Code must be redeemed by 12/31/16 and is void if not redeemed by the expiration date. Only valid for purchases made at www.fandango.com or via the Fandango app for Fandango partner theaters in the U.S. and cannot be redeemed directly at any Fandango partner theater box office. If lost, cannot be replaced. No reproductions will be accepted. No cash value. Not valid with any other offer. Offer valid in U.S. and valid for one-time use only. Not for resale; void if sold or exchanged. If cost of movie tickets with Fandango’s convenience fee included is more than maximum value of the Fandango Promotional Code then user must pay the difference. Any price difference between movie ticket purchased and maximum value of the Fandango Promotional Code will not be refunded. Fandango and its parents, affiliates, and subsidiaries are not a sponsor or co-sponsor of this promotion and are not responsible for the promotion, administration or execution of this Sweepstakes. The redemption of Fandango Promotional Code is subject to Fandango’s terms and conditions at www.fandango.com/termsofuse.aspx and www.fandango.com/PurchasePolicy.aspx. ©2015 Fandango Loyalty Solutions, LLC. All Rights Reserved. There will be three hundred (300) Movie Ticket Prizes available. The ARV of each Movie Ticket Prizes is $44.
C. Total ARV: The total ARV of all available prizes in the Promotion is $36,852.
D. Odds of Winning/Limit: The odds of winning a Grand or Bonus Prize depend on the total number of eligible entries received during the Promotion Period. The odds of winning an Instant Win Game Prize depend on when the entrant completes a Game Play. Instant Prizes will be made available at random times throughout the Promotion Period. To be a potential Instant Winner, an entrant’s Game Play must have occurred either at the exact randomly predetermined winning time as determined by Sponsor and/or Administrator. If a Game Play does not occur at the exact randomly predetermined winning time, then the next entrant’s Game Play to occur after that time will be deemed an Instant Winner. The number of Instant Prizes available to be won will decrease during the Promotion Period as Instant Prizes are awarded and claimed. There is a limit of one (1) Sweepstakes Prize and one (1) Instant Win Game Prize per person/household.
7. HOW TO CLAIM A PRIZE: On or about June 1, 2016, Administrator will notify the potential Grand and Bonus Prize winners via e-mail at the e-mail address provided at the time of registration. As set forth Section 4 above, each potential winner of an Instant Win Game Swag Bag or Movie Ticket Prize will receive a Notification after the completion of a winning Game Play. After the Notification, Administrator will send an e-mail to the e-mail address provided by the Swag Bag or Movie Ticket Prize winner with instructions on how to claim the Prize. Before being declared the Grand Prize winner the potential Grand Prize (or parent/legal guardian if winner is a minor) winner will be required to execute an Affidavit of Eligibility/Liability & Publicity Release and tax acknowledgment (“Affidavit”). The potential Grand Prize winner (or parent/legal guardian if winner is a minor) must return a fully executed
and notarized Affidavit to the Sponsor or its authorized designee within five (5) calendar days from the date it is postmarked as being sent to the potential winner or the prize may (in Sponsor’s sole discretion) be forfeited. If a potential winner is disqualified, found to be ineligible or not in compliance with these Official Rules, declines to accept a prize, or in the event that the potential winner (or parent/legal guardian if winner is a minor) fails to return an executed and notarized Affidavit within the five (5) calendar day deadline (if applicable), the prize may be forfeited. If a Grand or Bonus Prize is forfeited, the prize may be awarded to an alternate winner, selected in a random drawing from among all remaining eligible entries, as determined by Sponsor in its sole discretion. If any potential Swag Bag or Movie Ticket Prize winner forfeits the prize or a Swag Bag or Movie Ticket Prize is unclaimed, then the prize may not be awarded. Prizes will be mailed to verified winners at the street address provided at the time of registration within approximately 6 to 8 weeks from the end of the Promotion, except the Movie Ticket Prizes which will be fulfilled via email within five (5) days of winner verification. The Sweepstakes Entities shall not be held responsible for any delays in awarding a prize for any reason. If, after a good-faith attempt, Sponsor is unable to award or deliver a prize, the prize may not be re-awarded.
THE GRAND PRIZE WINNER BE ISSUED A FORM 1099 FOR TAX PURPOSES IN THE AMOUNT OF THE ACTUAL RETAIL VALUE OF THE PRIZE AND MUST SUBMIT HIS OR HER SOCIAL SECURITY NUMBER, AS REQUIRED BY LAW. ALL FEDERAL, STATE AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF A PRIZE ARE SOLELY THE RESPONSIBILITY OF EACH WINNER. Sponsor will attempt to notify each potential winner as set forth above, but Sponsor is not responsible for any undelivered e-mails, including without limitation e-mails that are not received because of a winner’s privacy or spam filter settings which may divert any Promotion e-mail, including any winner notification e-mail, to a spam or junk folder. Prizes that are unclaimed, unredeemed, or returned as undeliverable will not be awarded. The right to receive a prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a prize or force majeure, at Sponsor’s sole and absolute discretion. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. Promotion Entities shall not be held responsible for any delays in awarding the prize for any reason. Each prize will only be awarded to a verified winner.
8. LIMITATION OF LIABILITY: By participating in this Promotion entrants (and if minors, their parents or legal guardians) agree that the Promotion Entities, and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable e-mail notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/Website/use net accessibility, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any Website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or
unauthorized access to the Website or any Promotion-related website(s). The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Promotion and/or accepting or using a prize. The Released Parties shall not be responsible or liable for entries that are entered by any automated computer, program, mechanism or device, for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries may, in Sponsor’s sole discretion, be disqualified.
If, for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion and/or proceed with the Promotion, including the selection of winners in a manner it deems fair and reasonable including the selection of the winners from among eligible Game Plays/Sweepstakes entries received prior to such cancellation, termination, modification or suspension. In no event will more prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the winners. If for any reason, including but not limited to an administrative, printing, production, computer or other error or due to technical difficulties or incorrect announcements of any kind, more winning messages are distributed, or more prizes are claimed than are intended to be awarded according to these Official Rules, the intended prizes will be awarded in a random drawing from among all verified prize claims received. This Promotion is subject to all federal, state, and local laws and regulations.
By entering the Promotion, each entrant (and if a minor, his/her parent or legal guardian’s) agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor and Administrator, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Promotion; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Promotion, including but not limited to any Promotion-related activity or element thereof, and the entrant’s Game Plays/Sweepstakes entries, participation or inability to participate in the Promotion, (b) the violation of any third-party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Promotion materials, (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow- down, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation or modification of the Promotion, (g) human error, (h) incorrect or
inaccurate transcription, receipt or transmission of any part of any Game Play/Sweepstakes entry (including, without limitation, the registration information or any parts thereof), (i) any technical malfunctions or unavailability of the Website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant, (j) interruption or inability to access the Promotion, the Website or any other Promotion-related websites or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to entrant’s (or any third person’s) equipment used to access the Promotion and/or its contents related to or resulting from any part of the Promotion, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), or (p) the negligence or willful misconduct by entrant.
Without limiting the foregoing, everything regarding this Promotion, including the Website and prize components, are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
9. DISPUTES: THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MICHIGAN, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE OAKLAND COUNTY, MICHIGAN. 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 THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN OAKLAND COUNTY, MICHIGAN. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR PROMOTION ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE PROMOTION PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED. Further, entrants hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of pocket costs; and (ii) have damages multiplied or otherwise increased. Entrants agree that the rights and obligations of any entrant
and/or Promotion Entities and/or any other party shall be resolved individually, without resort to any form of class action.
11. PUBLICITY RIGHTS: By participating in the Promotion and/or accepting a prize, each entrant (and if a minor, his/her parent or legal guardian’s) agrees to allow Sponsor and/or Sponsor’s designee the perpetual right to use his or her name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
12. GENERAL: Any attempted form of participation in this Promotion other than as described herein is void. If it is discovered or suspected in Sponsor’s sole and absolute discretion that an entrant has registered or attempted to register more than once using multiple e-mail addresses, accounts, multiple identities, proxy servers or like methods, all of that entrant’s Game Plays/Sweepstakes entries will be declared null and void, and that entrant will be ineligible to win a prize. Also, if it is discovered that any entrant attempts to receive additional Game Plays/Sweepstakes entries in excess of the stated limitation, that entrant may, in Sponsor’s sole discretion, be disqualified from the Promotion. In the event of a dispute as to the identity of a winner, the winning Game Play/Sweepstakes entry will be declared made by the authorized account holder of the e-mail address submitted on the registration form associated with such Game Play/Sweepstakes entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e- mail address. Sponsor and Administrator reserve the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Promotion, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Promotion. Any use of robotic, automatic, macro, programmed, third- party or like methods to participate in the Promotion will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. Sponsor’s and/or Administrator’s interpretation of these Official Rules is final and binding in all matters related to the Promotion. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All Game
Plays/Sweepstakes entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Promotion as set forth in these Official Rules shall prevail.
13. WINNERS LIST: To obtain a list of winners, mail a self-addressed, stamped business-sized envelope to: Kung Fu Panda Awesome Adventure Giveaway – Winners List Request, P.O. Box 251328, West Bloomfield, MI 48325. Winners List requests must be received by July 29, 2016.
14. PARTICIPATING PRODUCTS:
© 2015 Post Foods, LLC. All Rights Reserved. © 2015 MOM Brands. All Rights Reserved.
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