Fooji Kellogg Rice Krispies Treats – 365 Days Of Love And Support Sweepstakes

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RICE KRISPIES TREATS® 365 DAYS OF LOVE AND SUPPORT SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE IS NECESSARY TO PARTICIPATE OR WIN. A PURCHASE WILL NOT
IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
TO BE ELIGIBLE TO PARTICIPATE AND WIN A PRIZE (AS THAT TERM IS DEFINED
BELOW), YOU MUST LIVE IN THE UNITED STATES OF AMERICA AND MUST SATISFY THE
OTHER ELIGIBILITY REQUIREMENTS SET FORTH BELOW.
BY PARTICIPATING IN THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES,
WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING.
WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR INDEMNIFICATION OF THE
SPONSOR AND OTHER SWEEPSTAKES ENTITIES BY YOU, A CLASS ACTION AND JURY
TRIAL WAIVER, A REQUIREMENT THAT MOST DISPUTES BE SETTLED BY MANDATORY
BINDING ARBITRATION, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1) Sweepstakes Entry Period: The RICE KRISPIES TREATS® 365 DAYS OF LOVE AND
SUPPORT SWEEPSTAKES (the “Sweepstakes”) begins at approximately 9am ET on August 19,
2021 and ends at 5pm ET on August 26, 2021 or when all available Prizes are issued by Sponsor,
whichever comes first (the “Sweepstakes Entry Period”). At approximately 9am ET on August 19,
2021, the beginning of the Sweepstakes Entry Period, Sponsor will post a call to action from the
@idinamenzel Instagram and Facebook account(s) reposted on the @ricekrispies Facebook
account and @kelloggsricekrispies Instagram account (the “CTA Posts”). As soon as the CTA
Posts are issued, eligible entrants may participate in the Sweepstakes as provided herein.
2) Eligibility: To be eligible to receive a Prize, entrants must, at the time of entry, meet all of the
following requirements: (i) be legal residents of the fifty (50) United States or the District of
Columbia who live in an area serviced by UPS (“Fulfillment Partner”) (“Territory”); (ii) be 18 years
of age or older and the age of majority in the entrant’s jurisdiction as of the date and time of
participation; and (iii) be registered users of Instagram or Facebook (each, a “Participant(s)”).
Employees, officers, directors and agents of The Kellogg Company, Fooji, Inc. (“Fooji,” “Sponsor”
or “Administrator”), Fulfillment Partner, any other company involved in the presentation,
administration or fulfillment of the Sweepstakes, and their respective subsidiaries, affiliated
companies, and divisions (collectively, the “Sweepstakes Entities”) and each of their immediate
family members (defined as any spouse, partner, parent, legal guardian, sibling, child, legal ward,
grandparent, or grandchild, regardless of where they reside) and/or those living in the same
household of any such person (whether or not related) are not eligible for the Sweepstakes. Void
outside the Territory and in Puerto Rico and where prohibited or restricted by law.
3) Sponsor: The Sponsor and Administrator of the Sweepstakes is Fooji, Inc. located at 257 E.
Short St. Suite 200, Lexington, KY 40507.
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4) How To Participate in the Sweepstakes: After the CTA Posts are made, during the
Sweepstakes Entry Period, to participate, swipe up on either @idinamenzel’s Facebook Story,
@idinamenzel’s Instagram Story, @ricekrispies Facebook Story, and/or @kelloggsricekrispies
Instagram Story (each, a “Participation Action”) or visit RiceKrispiesTreats.Fooji.com directly. If
the Sweepstakes is still ongoing when your Participation Action is received, you will be re-directed
to a website where you must fully complete the registration form by providing your name, physical
address, email address, and phone number and submit to Fooji a completed registration form for
its receipt. A maximum of one (1) Prize consisting of the items outlined in the chart in section 5
may be awarded per person and per delivery address in connection with the Sweepstakes.
Purported Participation Actions that are incorrect or incomplete, received outside the
Sweepstakes Entry Period (including after all Prize(s) have been redeemed), or that contain
obscene, offensive, or any other language communicating messages inconsistent with the
positive images with which Sponsor wishes to associate itself (all as determined by Sponsor in its
sole discretion) will be void and disqualified. Sponsor is not responsible for misspellings,
typographical errors, or other issues that may affect the ability to locate or record a purported
Participation Action. Due to the way Instagram and Facebook operate their services, Fooji may
not be able to view or record purported Participation Actions, receive or send communications, or
otherwise detect participation from or interact with potential Participants who have Instagram or
Facebook account settings that make their updates, comments, posts or communications private,
protected, or otherwise limited, in which case any such purported Participant will be disqualified
and ineligible to receive a Prize. Normal Internet access and phone/usage charges imposed by
your online/phone service may apply. Each Participation Action and registration form entry (if
applicable) must be manually key stroked and manually entered by the individual Participant;
automated and/or repetitive submission of Participation Actions or registration forms (including
but not limited to entries made using any script, macro, bot or sweepstakes service) will be
disqualified.
This Sweepstakes is in no way sponsored, endorsed, or administered by or associated with
Instagram or Facebook.
NOTE ABOUT MOBILE DATA AND MESSAGING CHARGES: When you participate in the
Sweepstakes via a mobile device and/or download or transmit data via your mobile device, data
and messaging rates may apply according to the terms and conditions of your service agreement
with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges)
and may appear on your mobile phone bill or be deducted from your prepaid account balance.
Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more
information on rate plans and charges relating to your participation in this Sweepstakes. Check
your mobile device’s capabilities for specific instructions.
5) Prizes: There are 200 prizes available (each a “Prize”). All federal, state and local taxes and
all other expenses not expressly listed in these Official Rules are the sole responsibility of the
winners. Prizes are non-transferable and may not be substituted or redeemed for cash by winners.
Sponsor reserves the right to substitute any Prize for one of comparable or greater value. No
more than the stated number of Prizes may be awarded. Prize type(s) and components will be
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selected by Sponsor or its representatives in its/their sole discretion. Actual retail value of the
Prizes may vary, including variations based on the Participants’ location. Total ARV of all Prizes
available in this Sweepstakes: $34,884
Prize ARV of
Each
Prize
Number of Prizes
Available in the
United States of
America
One (1) Rice Krispies Treats® ‘365 Days of Love and
Support’ Kit consisting of one (1) box of Original Rice
Krispies Treats® (16-count), and one (1) daily planner,
one (1) notecard, one (1) marker; and one (1) year’s
supply of Rice Krispies Treats® comprising of sixteen
(16) boxes of Original Rice Krispies Treats® (40-count)
(four (4) boxes delivered once per calendar quarter for
four (4) consecutive calendar quarters) (each a “Prize”)
$174.42 200
6) Winner Selection: Odds of winning a Prize in this Sweepstakes depend on the number of
Participants and your timing of participation in relation to other Participant’s participation. Fooji
will be the official time keeping device for the Sweepstakes and all decisions by the Sponsor
regarding the timing of entries and the order in which they are received will be final and binding.
Subject to compliance with these Official Rules, on or about August 26, 2021, Sponsor will select
200 potential winners in a random drawing from among all eligible Entries received by Sponsor
during the Sweepstakes Entry Period. If you are chosen as a winner, you will receive a winning
notification from the Sponsor via email indicating that you are a prize winner. Participants selected
as winners are limited to one (1) Prize per person and per delivery address during the
Sweepstakes Entry Period. Prizes will be facilitated through direct links and swipes from
Facebook and Instagram. Local merchants that participate in the Fulfillment Partner network may
provide fulfillment and delivery of the Prize(s). Prize availability may vary and is not guaranteed
in all areas. Except as determined by Sponsor in its sole discretion, no substitution of any Prize
is offered, no transfer of Prize to a third party is permitted, and non-cash Prize(s) may not be
redeemed for cash value. AS SET FORTH ABOVE, YOU MUST RESIDE IN A LOCATION
SERVICED BY FULFILLMENT PARTNER IN ORDER TO BE ELIGIBLE TO PARTICIPATE IN
THIS SWEEPSTAKES AND WIN A PRIZE. Prize(s) will be awarded and delivered only to
addresses within the United States that are serviced by Fulfillment Partner. Verified Prize
winner(s) will be solely responsible for all applicable federal, state and local taxes on Prize(s) and
may receive an IRS Form 1099 for the retail value of the Prize and must provide Sponsor with a
valid social security number if requested for tax reporting purposes. All expenses associated with
the receipt and use of a Prize not specifically mentioned herein are solely the responsibility of the
winners. Sponsor is not responsible for any delay or cancellation of the Prize delivery due to
unforeseen circumstances, or those outside of Sponsor’s control. If the fulfilling merchant cancels
the order for reasons out of Sponsor’s control, the Prize will not be delivered, and no additional
compensation will be provided. Potential winners are subject to verification and may be required
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to sign and return to Sponsor for its receipt within three (3) business days an Affidavit of Eligibility/
Liability Release with (where lawful) a publicity release for receipt by Sponsor by the due date
indicated in the notification message. If any required documents are not timely received by
Sponsor, or if any message or mail intended for a winner is returned as undeliverable, then the
applicable Prize may be forfeited.
7) General Rules / Limitations of Liability: By participating in the Sweepstakes, Participants
agree to be bound by these Official Rules and the decisions of the Sponsor which shall be final
in all respects. Participation in the Sweepstakes constitutes permission for the Sponsor and its
designees to use the Participant’s name, likeness, voice, biographical information, prize
information, quotes attributable to Participant, and any other elements of Participant’s persona for
purposes of advertising and trade in any and all media now known or otherwise developed without
further compensation or review, including a Participant list to be used by Fooji and its partners to
re-target participants via email or the Fooji app, unless prohibited by law. By clicking “Order Now,”
Participants authorize Fooji or their Fulfillment Partners to send text messages or phone calls
notifying Participants of delivery details for their order. Participants agree that Fooji or the
Fulfillment Partner may send the notice to the telephone number the Participant provides during
the registration process, and Participants understand notifications will be sent using automatic
dialing technology. Participants understand that they are not required to agree to receive such
messages as a condition of participation. In the event there is a discrepancy or inconsistency
between disclosures or other statements (in any and all media) contained in any Sweepstakes
materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern
and control. Sponsor and the other Sweepstakes Entities assume no responsibility or liability for
(a) any incorrect or inaccurate entry information, or for any faulty, failed, garbled or jumbled
electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of
entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure,
error, omission, interruption, deletion, defect, delay in operation or communications line failure,
regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers,
computers, software or providers utilized in any aspect of the operation of the Sweepstakes; (d)
inaccessibility or unavailability of the Internet or the Instagram or Facebook platforms or any
combination thereof, or; (e) any injury or damage to Participant’s or to any other person’s
computer which may be related to or resulting from any attempt to participate in the Sweepstakes.
The Sponsor and other Sweepstakes Entities are not responsible for the failure of any order to be
received for any reason or for any delay in the processing or failure to process any order or entries.
The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or
attempts to tamper with the order process or the operation of the Sweepstakes; violates the
Official Rules; is suspected of cheating, fraud, or acting in an unsportsmanlike or disruptive
manner, or with intent to annoy, abuse, threaten or harass any other person. Any Participant who
uses or is suspected of using cheating, fraudulent means, unauthorized ordering methods, or
otherwise attempts to participate multiple times, or with multiple identities, Facebook or Instagram
accounts, and/or addresses will be disqualified. Any attempt by any person to undermine the
legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should
such an attempt be made, the Sponsor reserves the right to seek damages from any such person
to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official
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Rules shall not constitute a waiver of that or any other provision. If, for any reason, the
Sweepstakes is not capable of running as planned, including infection by computer virus, bugs,
tampering, unauthorized intervention, fraud, technical failures, changes to the Facebook or
Instagram platform that are not acceptable to Sponsor, or any other causes beyond the control of
the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper
conduct of the Sweepstakes, then the Sponsor reserves the right in its sole discretion to cancel,
modify, suspend or terminate the Sweepstakes in whole or in part. In the event Sponsor
experiences a technical failure during admission of the Sweepstakes that causes the
Sweepstakes to be suspended, Sponsor shall select a winner(s) by random drawing from all valid
entries received up to the point of the technical failure. TO THE FULLEST EXTENT PERMITTED
BY LAW, AS A CONDITION OF ENTRY INTO THE SWEEPSTAKES, ALL PARTICIPANTS
AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND OTHER
SWEEPSTAKES ENTITIES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS OR
ACTIONS OF ANY KIND WHATSOEVER FOR INJURIES, DAMAGES, OR LOSSES TO
PERSONS OR PROPERTY WHICH MAY BE SUSTAINED IN CONNECTION WITH:
PARTICIPATING IN ANY ASPECT OF THE SWEEPSTAKES; THE RECEIPT, OWNERSHIP
OR USE OF ANY PRIZE AWARDED; PREPARING FOR, PARTICIPATING IN OR TRAVELING
TO AND/OR FROM ANY PRIZE- RELATED OR SWEEPSTAKES-RELATED ACTIVITY, OR;
ANY TYPOGRAPHICAL OR OTHER ERROR IN THESE OFFICIAL RULES OR ANY CTA
POSTS OR OTHER ANNOUNCEMENTS RELATING TO THE SWEEPSTAKES. THE
WINNERS SHALL BEAR ALL RISK OF LOSS OR DAMAGE TO THEIR PRIZE AFTER THEY
HAVE BEEN DELIVERED. SPONSOR AND THE OTHER SWEEPSTAKES ENTITIES MAKE
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE
APPEARANCE, SAFETY OR PERFORMANCE OF ANY PRIZE(S).
BY ENTERING THE SWEEPSTAKES, PARTICIPANT AGREES THAT, TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND
CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR
ANY PRIZE(S) AWARDED WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET COSTS
INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL
ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (2) UNDER NO
CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR,
AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO
SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS
AND/OR ANY OTHER DAMAGES (OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES
NOT TO EXCEED TEN DOLLARS ($10.00)) AND/OR ANY RIGHTS TO HAVE DAMAGES
MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE
FOREGOING LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT
APPLY TO YOU.
Without limiting any other provision in these Official Rules, the Sweepstakes Entities are not
responsible or liable to any Participant or winner (or any person claiming through such Participant
or winner) for failure to supply the prize or any part thereof in the event that any of the
Sweepstakes activities or Sweepstakes Entities’ operations or activities are affected by any cause
or event beyond the sole and reasonable control of the applicable Sweepstakes Entity (as
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determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts
of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war
(declared or undeclared), civil disturbance, insurrection, riot, epidemic, pandemic, fire, explosion,
earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike
(whether legal or illegal), labor or material shortage, transportation interruption of any kind, work
slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any
governmental or quasi-governmental entity (whether or not such governmental act proves to be
invalid), or any other cause, whether or not specifically mentioned above.
EACH PARTICIPANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION
1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR
TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER
AGAINST THE SWEEPSTAKES ENTITIES. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. 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 RELEASING PARTY.”
8) Food Allergy Notice: By entering the Sweepstakes, each Participant acknowledges and
agrees that any food-related Prize(s) offered in the Sweepstakes may contain milk, eggs, wheat,
soybean, peanuts, and tree nuts. Participants agree that the Sweepstakes Entities will have no
liability whatsoever to, and will be released and held harmless by, the Participants for any and all
food allergy-related complications that may result from exposure to food-related Prize(s) offered
in this Sweepstakes or otherwise ordered through Fooji.
9) Privacy Policy: By entering the Sweepstakes, Participants agree that any personal information
submitted by Participants may be used and shared by Sponsor subject to Fooji’s privacy policy
posted at https://www.fooji.com/privacy/.
10) Governing Law / Disputes/ Arbitration: Except where prohibited by law, as a condition of
participating in this Sweepstakes, each Participant agrees that (1) any and all disputes and
causes of action arising out of or connected with these Sweepstakes, including but not limited to
Prize awarded, shall be resolved individually, without resort to any form of class action, and
exclusively by final and binding arbitration under the rules of JAMS and held at the JAMS regional
office nearest the Participant; (2) the Federal Arbitration Act shall govern the interpretation,
enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration
award may be entered in any court having jurisdiction. Under no circumstances will any
Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim,
punitive, incidental or consequential damages, or any other damages, including attorneys’ fees,
other than Participant’s actual out-of-pocket expenses (i.e., costs associated with participating in
this Sweepstakes), and Participant further waives all rights to have damages multiplied or
increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT
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APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and
enforceability of these Official Rules, or the rights and obligations of the Participant and Sponsor
in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the
laws of the State of New York, without giving effect to any choice of law or conflict of law rules
(whether of the State of New York or any other jurisdiction), which would cause the application of
the laws of any jurisdiction other than the State of New York.
11) Severability: If any term of provision of these Official Rules is found under the law to be
invalid or unenforceable, then such specific term or provision shall be of no force and effect and
shall be severed and the remainder of these Official Rules shall continue in full force and effect.
12) Winners List: For a winners’ list, no later than 60 days after the close of the Sweepstakes,
send an email request with the name of the Sweepstakes to hello@fooji.com or mail your request
together with a self-addressed stamped envelope to RICE KRISPIES TREATS® 365 DAYS OF
LOVE AND SUPPORT SWEEPSTAKES Winner’s List Sponsor at the address noted in Section
3 above.
13) Questions? If you have any questions, you may contact us at help@fooji.com.