KELLOGG’S – BABSNANABREAD PROMOTION
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 AN AREA SERVICED BY UPS (“FULFILLMENT PARTNER”)
IN THE UNITED STATES OF AMERICA WHICH FULFILLMENT PARTNER LOCATIONS CAN
BE FOUND AT https://babsnanabread.prod.fooji.com/#delivery-zones AND MUST SATISFY
THE OTHER ELIGIBILITY REQUIREMENTS SET FORTH BELOW.
BY PARTICIPATING IN THIS PROMOTION, 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 PROMOTION 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) Promotion Entry Period: The Kellogg’s – Babsnanabread Promotion (the “Promotion”) begins
at approximately 12pm ET on April 17, 2023 and ends at 11:59pm ET on April 24, 2023, or when
all available Prizes are issued by Sponsor, whichever comes first (the “Promotion Period”). At
12pm ET on April 17, 2023, the beginning of the Promotion Entry Period, Sponsor will post a call
to action from the @brunchwithbabs TikTok and Instagram account(s) (the “CTA Post”). As soon
as the CTA Post is issued, eligible entrants may participate in the Promotion 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 Fulfillment Partner at one of the locations identified in
the link above (“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 (each, a “Participant(s)”). Employees, officers,
directors and agents of Kellogg’s, Fooji, Inc. (“Fooji,” “Sponsor” or “Administrator”), Fulfillment
Partner, any other company involved in the presentation, administration or fulfillment of the
Promotion, and their respective subsidiaries, affiliated companies, and divisions (collectively, the
“Promotion 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 Promotion. Void outside the Territory and in Puerto Rico and
where prohibited or restricted by law.
3) Sponsor: The Sponsor and Administrator of the Promotion is Fooji, Inc. located at 257 E. Short
St. Suite 200, Lexington, KY 40507.
4) How To Participate in the Promotion: After the CTA Post is made, during the Promotion
Period, to participate, click the link posted to @brunchwithbabs and/or click the URL in the
@brunchwithbabs Instagram bio (each, a “Participation Action”). If the Promotion is still ongoing
when your Participation Action is received by Fooji, 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 Promotion. Purported Participation
Actions that are incorrect or incomplete, received outside the Promotion 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 TikTok and
Instagram 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 TikTok or Instagram 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 Promotion is in no way sponsored, endorsed, or administered by or associated with TikTok
or Instagram.
NOTE ABOUT MOBILE DATA AND MESSAGING CHARGES: When you participate in the
Promotion 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 Promotion. Check your
mobile device’s capabilities for specific instructions.
5) Prizes: There are a total of two hundred (200) prizes available to be awarded (as further
outlined in the chart below) (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. Prize
type(s) and components will be 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 Promotion: $1,000.
Prize ARV of Each Prize Number of Prizes Available via
mail in The United States of
America
One (1) box of Limited
Edition “Babsnanabread”
Pop-Tarts
$5 200
total $1,000
6) Winner Selection: Odds of winning a Prize in this Sweepstakes depend on the number of
Participants. 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, entries will be accepted
throughout the Sweepstakes Entry Period. Participants are limited to one entry during the
Sweepstakes Entry period. At approximately 8 am on April 25, 2023, two hundred (200) random
eligible and verified Participants who completed a qualifying Participation Action and completed
and submitted the required online form during the Sweepstakes Entry Period will be selected in a
random drawing as potential Prize winners. If you are chosen as a Potential Prize winner, you will
receive a winning notification via email indicating that you are a potential prize winner.
If you are chosen as a winner you will receive a winning notification via a message 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 Period. The
number of available Prizes may but are not obligated to be periodically communicated throughout
the Sweepstakes via posts from Sponsor’s @brunchwithbabs TikTok and Instagram. Prizes will
be facilitated through link clicks from TikTok 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 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. Any request related to
lost, mutilated, missing, unclaimed or stolen prize(s) must be received within 14 days of
notification of winning or will be ignored.
7) General Rules / Limitations of Liability: By participating in the Promotion, 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 Promotion 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 Promotion
materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern
and control. Sponsor and the other Promotion 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 Promotion; (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 Promotion; (d) inaccessibility
or unavailability of the Internet or the TikTok and/or Instagram 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 Promotion. The Sponsor and other
Promotion 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 Promotion; 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, and/or addresses will be disqualified. Any attempt by
any person to undermine the legitimate operation of the Promotion 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 Rules shall not constitute a waiver of that or any other provision.
If, for any reason, the Promotion is not capable of running as planned, including infection by
computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, changes to
the TikTok and/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 Promotion, then the Sponsor reserves the right in its sole
discretion to cancel, modify, suspend or terminate the Promotion in whole or in part. In the event
Sponsor experiences a technical failure during admission of the Promotion that causes the
Promotion 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 PROMOTION, ALL PARTICIPANTS
AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND OTHER
PROMOTION 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 PROMOTION; THE RECEIPT, OWNERSHIP OR
USE OF ANY PRIZE AWARDED; PREPARING FOR, PARTICIPATING IN OR TRAVELING TO
AND/OR FROM ANY PRIZE- RELATED OR PROMOTION-RELATED ACTIVITY, OR; ANY
TYPOGRAPHICAL OR OTHER ERROR IN THESE OFFICIAL RULES OR ANY CTA POSTS
OR OTHER ANNOUNCEMENTS RELATING TO THE PROMOTION. THE WINNERS SHALL
BEAR ALL RISK OF LOSS OR DAMAGE TO THEIR PRIZE AFTER THEY HAVE BEEN
DELIVERED. SPONSOR AND THE OTHER PROMOTION ENTITIES MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE APPEARANCE,
SAFETY OR PERFORMANCE OF ANY PRIZE(S).
BY ENTERING THE PROMOTION, 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 PROMOTION, 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 Promotion 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 Promotion
activities or Promotion Entities’ operations or activities are affected by any cause or event beyond
the sole and reasonable control of the applicable Promotion Entity (as 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, 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 PROMOTION ENTITIES. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR.”
8) Food Allergy Notice: By entering the Promotion, each Participant acknowledges and agrees
that any food-related Prize(s) offered in the Promotion may contain milk, eggs, wheat, soybean,
peanuts, and tree nuts. Participants agree that the Promotion 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
Promotion or otherwise ordered through Fooji.
9) Privacy Policy: By entering the Promotion, 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 Promotion, each Entrant agrees that (1) any and all disputes and causes of
action arising out of or connected with these Promotion, 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
Entrant; (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 Entrant be permitted to obtain
awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential
damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-
pocket expenses (i.e., costs associated with participating in this Promotion), and Entrant 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 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 Entrant and Sponsor in connection with the Promotion,
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 Promotion, send
an email request with the name of the Promotion to hello@fooji.com or mail your request together
with a self-addressed stamped envelope to Kellogg’s – Babsnanabread – 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.