Kellogg’s – Holiday Baking Challenge Contest – Win a Sponsor-selected $1000 gift card (ARV $1000).
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, 18 OR OVER AS OF DATE OF ENTRY.
Contest Period: The Kellogg’s Holiday Baking Challenge (the “Contest”) starts on October 19, 2018 at 9:00 a.m. Eastern Time (“ET”) and ends on December 12, 2018 at 4:00 p.m. ET (“Contest Period”). The Contest Period is divided into two (2) phases, as follows: “Phase 1” will consist of the Recipe Submission Period (defined below) via the Site to determine the finalists. “Phase 2” is will consist of the Baking Challenge (defined below), which will determine the Grand Prize winner.
Eligibility: Open to legal residents of the fifty (50) United States and the District of Columbia, who are at least 18 years of age or older as of date of entry. Employees of Kellogg Company (“Sponsor” or “Kellogg’s”), Don Jagoda Associates, Inc., and each of their respective affiliates, parents, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies (collectively “Sponsor and its Administrators”), and each of their respective employees, shareholders, directors, officers, members and agents and their immediate family members spouses, parents, children, and siblings and their spouses) and/or those living in the same household of each are not eligible to participate or win. Void where prohibited by law. Contest is subject to all applicable federal, state and local laws.
Phase 1 – The Recipe Submission Period: The recipe submission period begins at 9:00 a.m. ET on October 19, 2018 and ends at 11:59 p.m. ET on November 9, 2018 (the “Recipe Submission Period”). To enter, visit http://kelloggsnyc.com/holiday (the “Site”) during the Recipe Submission Period and follow the on screen instructions to complete the registration form, including uploading a video (2 minutes or less) introducing yourself, your affinity for cereal, and your original baked dessert recipe (you may use a Kellogg’s cereal, but it’s not mandatory) (the “recipe”); and 2-3 photos of your completed recipe (the “Submission”). The Submission and all entry materials submitted shall herein be referred to as the “Entry”. The person submitting the Entry will be deemed the “Entrant”. There is a limit of one (1) Submission per Entrant for the entire Contest Period. Submissions must be in English. By entering, you understand that your Submission/photos/video in its entirety or portion thereof may (in Sponsor’s sole discretion) be posted on websites, Social Media sites and/or other Sponsor-selected media. Once an Entry is provided to Sponsor and made available as set forth herein for viewing by the general public, any posting of the Entry on websites, Social media sites and/or other Sponsor related media will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. All Submissions must be completed and submitted during the Recipe Submission Period. Normal phone/Internet access and data/usage charges imposed by Entrants’ online/phone service will apply.
Submission Requirements: In order to be entered into the Contest, Entrants must comply with registration instructions when submitting their Submission. The Submission may not contain obscene, profane, lewd, defamatory or inappropriate images or text including no nudity, acts of violence or acts that appear to cause harm or are illegal/dangerous, as determined at Sponsor’s sole discretion. Any Submission Material or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, defamatory, highlights Sponsor or any of its brands in a negative way, contains any third party materials, or otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand (other than Kellogg’s-owned brands) or other proprietary right of any person living or deceased (including, but not limited to, rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, will not be considered and may disqualify the Entrant. Entrants may not copy or otherwise plagiarize the Submission from any source. Entrant must be the only person depicted in the video/photos (as applicable). Video must not exceed two (2) minutes in length, must not exceed 50 MB and be in one of the following formats: mpeg, .mpg4, .avi, .mov, .flv or .wmv, mp4, mpg, f4v, 3gp, ogg, ogv, or m2v. The Submission must be the sole, original work of the Entrant. By submitting a Submission, you hereby grant the Sponsor, its affiliates, subsidiaries, assigns, licensees, designees and legal representatives the irrevocable, perpetual, worldwide digital and other rights to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Submissions or excerpts of Submissions, including photographs/videos (as such may be edited and modified by the Sponsor at its discretion) for editorial, commercial, promotional and all other purposes (including posting on Sponsor-affiliated websites, Social Media sites and/or other Sponsor-selected media). In addition, you hereby assign to the Sponsor all rights, titles, and interests that you may be deemed to have in any reproduction, product, or derivative work using or incorporating the Submission. You further agree to waive any moral rights in and to the Submission. Automated, script, macro or robotic Submissions submitted by individuals or organizations will be disqualified. Any Submission not in compliance with the above and does not meet the Site’s requirements will be disqualified.
Judging to Determine the Finalists and Runner Ups: All Submissions will be judged by Sponsor-selected judges (“Judges”) on or about November 20, 2018 based on the following judging criteria (“judging criteria”): 40% Perceived Taste; 30% Visual Appeal; and 30% Most Creative Recipe, to determine four (4) Finalists and two (2) Runner Ups. The four (4) Submissions with the top scores will be deemed “Finalists”, subject to compliance with these Official Rules. In the event of a tie score, the tied Entries will be re-judged based solely on Perceived Taste. Judges’ decisions are final with respect to all matters relating to the Contest and not subject to appeal. By participating, Entrants (and any minor Entrant’s parent or legal guardian) agree to the Official Rules and the decisions of Sponsor and the Judges, which shall be final and binding in all respects.
Phase 2 – Finalists working with a Kellogg’s NYC mentor and the Kellogg’s Holiday Baking Challenge to Determine the Grand Prize Winner: Once the four (4) Finalists have been determined, they will be provided with a Sponsor-selected mentor from Kellogg’s NYC (the “Mentor”). Mentor will be determined by Sponsor in its sole discretion. Each Finalist will work with his/her Mentor (exact details of extent of help will be in Mentor’s/Sponsor’s discretion) to develop a cereal-based dessert recipe using one (1) or more of the following Kellogg’s cereals: Special K®, Froot Loops®, Frosted Flakes®, Raisin Bran®, Frosted Mini Wheats®, or Rice Krispies®, which they will use to compete at the Event (as defined below) (the “Baking Challenge Recipe”). Exact cereal(s) assigned to each Finalist for his/her Baking Challenge Recipe will be randomly determined by Sponsor. Mentors will also assist Finalists in determining the equipment/ingredients/bake times needed to create the Baking Challenge Recipe, and the Baking Challenge Recipe serving size (the “Baking Challenge Recipe Requirements”). If a Finalist requests something for their Baking Challenge Recipe that is not available, the Mentor will let the Finalist know so that component can be removed from his/her Baking Challenge Recipe Requirements. Finalists will then be required to submit their Baking Challenge Recipe, equipment/ingredients/bake times needed to create the Baking Challenge Recipe, and the Baking Challenge Recipe serving size to a representative of the Sponsor (in a format designated by Sponsor) by December 7, 2018 at 5:00 p.m. ET.
The Kellogg’s Holiday Baking Challenge (the “Baking Challenge”) is scheduled to take place at Kellogg’s NYC (31 E 17th Street, New York, NY, 10003) on or about December 12, 2018 at 9:00 a.m. ET and ends at 4:00 p.m. ET. Each Finalist will have access to his/her own electric oven, induction burners, stand mixer, knives, whisks, offset spatula, spatulas, measuring cups, pans, mixing bowls, cake stand, cake separator, cooling rack, piping decorating set, pastry bags, blender, baking mat, sink, and refrigerator.. Finalists will also have access to his/her Baking Challenge Recipe Requirements.
Finalists will have 30 minutes to review the Baking Challenge Requirements to be sure that there are no problems with the Baking Challenge Requirements that are sourced for them. If any Finalist fails to appear at the Baking Challenge at the scheduled time, the Finalist forfeits. Finalists will compete against each other by preparing twenty-six (26) portions of his/her cooked Baking Challenge Recipe. The Finalists will have four (4) hours to prepare/bake his/her Baking Challenge Recipe. During the Baking Challenge, there will be a kitchen supervisor to whom the Finalist can address any questions. Under no circumstances can the Finalist converse with the kitchen/floor judges. If there are extreme violations of sanitation, the kitchen judges can elect not to send a completed dish to the judges at which point the Finalist will be removed from the Baking Challenge.
At the end of the four (4) hours, the Finalists must serve their completed twenty-six (26) portions to the judges (“Grand Prize Entry”). Finalists will lose one (1) point per minute that he/she is late. The judges will then judge the Grand Prize Entries per the Grand Prize Judging Criteria listed below.
Baking Challenge Judging to Determine the Grand Prize Winner from among the Finalists: All Grand Prize Entries will be judged by a Sponsor-selected panel of judges (“Judges”) at the Baking Challenge based on the following criteria (out of 50 points): 15 Points: Creative Use of Kellogg’s Cereal; 15 Points: Taste; 10 Points: Appearance; and 10 Points: Aroma (the “Grand Prize Judging Criteria”), to determine one (1) Grand Prize winner. In the event of a tie score, the judges will collectively determine the winner from among the tied Grand Prize Entries in their sole discretion. Judges’ decisions are final with respect to all matters relating to the Contest and not subject to appeal. By participating in the Baking Challenge, Finalists (and any minor’s parent or legal guardian) agree to these Official Rules and the decisions of Sponsor and the Judges, which shall be final and binding in all respects. All specific details are in Sponsor’s/judges’ sole discretion.
Prizes and Approximate Retail Value (“ARV”): Grand Prize (1): The opportunity to have Grand Prize winner’s Baking Challenge Recipe featured at Kellogg’s NYC for up to one (1) week (the “Opportunity”), as determined by Sponsor. Grand Prize winner will also receive a Sponsor-selected $1,000 gift card (ARV: $1,000). Gift Cards are subject to the terms printed thereon and imposed by issuer. There is no retail value associated with the Opportunity portion of Grand Prize. Exact duration and details surrounding the Opportunity are at the sole discretion of the Sponsor. Grand Prize winner may be required to participate in specified media interviews and/or photo/video opportunities to be used for public display, in Sponsor’s sole discretion (the “Grand Prize footage”). Sponsor may use that Grand Prize footage or excerpts of that Grand Prize footage in any way it sees fit.
Finalist Prize (4 total): A 4-day/3-night trip for two (2) to New York, NY where the Finalist will compete in the Baking Challenge to create his/her Baking Challenge Recipe for a chance to win the Grand Prize. Trip includes round trip economy class air transportation from the airport nearest the Finalist’s home to New York, NY; round trip ground transportation to/from airport/hotel; three (3) nights’ hotel accommodations (based on double occupancy); $500 spending money, awarded in the form of a check made payable to the Finalist; and the opportunity to work with the Mentor (ARV: $3,500 each). Finalists agree that Sponsor or its agents may photograph, videotape or record any aspects of the Finalist trip and Baking Challenge/Mentorship (“Finalist footage”) and use that Finalist footage or excerpts of that Finalist footage in any way they see fit. Runner Up Prize (2 total): A Sponsor-selected certificate acknowledging Runner Up’s participation in the Baking Challenge and Sponsor-selected Kellogg’s Products (ARV: $25 each). PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. FINALISTS ARE RESPONSIBLE FOR REPORTING AND PAYING ANY INCOME TAXES OR OTHER TAXES THAT MAY APPLY TO ACCEPTINGTHE FINALIST PRIZE; SPONSOR IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES.
Finalist Prize Rules: Each prize winner’s travel companion must be eighteen (18) years of age or older, or if such travel companion is under the age of majority in his or her state of residence (a “minor”), the prize winner must be such minor’s parent or legal guardian, or such minor must travel with the written permission of such parent or legal guardian in form and substance acceptable to Sponsor in its sole discretion. If prize winner is a minor, his or her travel companion must be his or her parent or legal guardian, or the prize winner must travel with the written permission of such parent or legal guardian in form and substance acceptable to Sponsor in its sole discretion. Airline carrier’s regulations and conditions apply. Trips may not be combined with any other offer and travel may not qualify for frequent flyer miles. Finalists and travel companions must possess valid travel documents (i.e., valid government issued photo ID) in order to travel. Seat selection and timing of trip subject to availability and confirmation of reservations. Certain restrictions apply. Finalist Prize trip must be taken on dates specified by Sponsor surrounding the Baking Challenge or Finalist Prize will be forfeited. Travel must be round trip. In the event a Finalist lives within a 150-mile radius of New York, NY, round-trip ground transportation will be provided in lieu of air transportation and no additional compensation will be provided for air transportation portion of Finalist Prize. Sponsor will not replace any lost, mutilated, or stolen travel vouchers or certificates. No refunds or credit for changes are allowed. All other expenses and costs, not expressly listed above, including, but not limited to, taxes, tips, meals, ground transportation, incidentals, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges, personal charges at lodging, security fees, entertainment and transfers, are Finalists’ sole responsibility. Sponsor reserves the right to conduct a background check on the Finalists and reserves the right in its sole discretion to disqualify any Finalist based on the results of such background check (even if Finalist has already begun working with the Mentor, as outlined above), if Sponsor determines in its sole discretion that awarding the prize to such Entrant might reflect negatively on Sponsor. No substitution or transfer of prize permitted except at the sole discretion of the Sponsor who reserves the right to substitute prize (or portion of prize) of equal or greater value in the event the prize is unavailable or cancelled for reasons out of Sponsor’s control. Finalists will be responsible for any other costs or expenses associated with the Finalist Prize, including payment of applicable taxes. Travel companion (or minor’s parent or legal guardian on behalf of minor travel companion) must execute liability/publicity releases prior to issuance of travel documents.
General Rules: Each potential Finalist and Runner Up Prize winner will be required to sign and return an Affidavit of Eligibility and Liability Release, tax documents, and except where prohibited, publicity release and assignment of rights (“Affidavit”) within forty-eight (48) hours of notification in order to be confirmed a Finalist. If potential Finalist/Runner Up Prize winner fails to return the completed Affidavit (as applicable) within forty-eight (48) hours, Affidavit(s) are returned as undeliverable, Entrant shall be deemed to be ineligible, the Finalist Prize will be forfeited and an alternate potential Finalist/Runner Up Prize winner will be determined, time permitting. Affidavits will be sent to the potential Finalist/Runner Up Prize winner via email. Return of prize notification as undeliverable may result in disqualification and alternate determination, time permitting. Grand Prize winner will be required to sign and return a Grand Prize acceptance form (except where prohibited by law) and assignment of rights and waiver of moral rights at the Baking Challenge (once the Grand Prize winner has been determined) or the Grand Prize will be forfeited and alternate Grand Prize winner may be determined. Finalists, Grand Prize winner and all Entrants (and any minor entrant’s parent or legal guardian), as a condition of entry into the Contest, agree to release Sponsor and its Administrators, each of their respective agencies, parents, subsidiaries, affiliated companies and each of their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development and execution of this Contest (collectively the “Released Parties”) 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 creation of or submitting a Submission or otherwise participating in any aspect of the Contest, the receipt, ownership or use of prizes awarded or any typographical or other error in these Official Rules or the announcement or offering of the prizes. Acceptance of prize constitutes permission to use Finalists/Grand Prize winner’s names, likenesses and Submissions, Grand Prize footage (as applicable), and Finalist footage for promotional purposes (including any possible public relations opportunities) without further compensation except where prohibited by law. By participating in the Contest, Entrants/Grand Prize winner/Finalists agree to be bound by the Official Rules and the decisions of the Judges. The Sponsor and its agencies are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Contest or by any human error which may occur in the processing of the Submissions in the Contest or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Contest. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the Entry process or the operation of the Contest; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of an online Entrant, the authorized account holder of the email address used to enter will be deemed to be the Entrant. “Authorized account holder” of an email address is defined as the natural person who is assigned to an email address by an Internet Access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then the Sponsor reserves the right at its sole discretion to cancel the Contest and determine the Finalists and Runner Ups from among all eligible Submissions received prior to cancellation, based on the judging criteria listed above. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. You hereby represent and warrant that you have read these Official Rules and are fully familiar with its contents. Submissions generated by script or bot are not eligible. As a condition of entering the Contest, Entrant/Grand Prize winner/Finalists agree that: 1) under no circumstance will Entrant/winners be permitted to obtain awards for, and participant hereby waives all rights to claim punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; 2) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees.
Conditions: Grand Prize winner/Finalists/winners (and any minor winner’s parent or legal guardian) (collectively, “winners”) acknowledge and agree that Sponsor has the right to edit, adapt, modify, reproduce, promote and otherwise use Submissions/Grand Prize footage/Finalist footage in any way it sees fit in connection with advertising or promoting Kellogg’s brands and products in any medium, throughout the world, in perpetuity. Entrant/winners shall have no right to review or approve edits, alterations or modifications, and the Entrant/Grand Prize winner/Finalists waive the benefit of any provision of law known as “moral rights.” No information regarding Submissions or judging will be disclosed to any third party not involved in the conduct of the Contest. By submitting a Submission, you represent: (a) that the Submission is your own original work that has not previously been published or publicly shown or won a prize or award; and (b) any and all rights to the Submission belong to you and the Submission does not infringe, misappropriate or violate the rights of any third party. Further, any Submissions that Sponsor, in its sole discretion, deems to be inappropriate for publication will not be considered.
Representations and Warranties/Indemnification: Each person who enters this Contest (and any minor Entrant’s parent or legal guardian) represents and warrants as follows: (i) the Submission does not contain any computer virus (as applicable) and is otherwise uncorrupted,(ii) the Submission is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iv) the Submission does not and will not violate any applicable laws. Each Entrant (and any minor Entrant’s parent or legal guardian) hereby agrees to indemnify and hold the Released Parties harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations, covenants, obligations or agreements of Entrant hereunder.
Nature of Relationship/Waiver of Equitable Relief: Each Entrant (and any minor Entrant’s parent or legal guardian) hereby acknowledges and agrees that the relationship between the Entrant and the Released Parties is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide the Submission does not place the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Submission. Each Entrant understands and acknowledges that the Released Parties have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas or designs may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each Entrant (and any minor Entrant’s parent or legal guardian) acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Released Party’s use of any such similar or identical material. Each Entrant acknowledges and agrees that the Released Parties do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each Entrant (and any minor Entrant’s parent or legal guardian) acknowledges that, with respect to any claim by Entrant relating to or arising out of a Released Party’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest or otherwise, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief, and Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
No Obligation to Use: Sponsor shall have no obligation (express or implied) to use any Submission or to otherwise exploit any Submission, or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse, and Participants shall not be entitled to any damages or other relief by reason thereof.
Further Documentation: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to evidence or effectuate the rights granted in these Official Rules, then each Entrant agrees to sign, authenticate and deliver the same upon Sponsor’s request therefor.
Governing Law/Jurisdiction: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE TERMS AND CONDITIONS OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS OR SPONSOR IN CONNECTION WITH THE ACTIVATION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES OF AMERICA AND THE INTERNAL LAWS OF THE UNITED STATES, STATE OF MICHIGAN WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
Aribtration Provision: By participating in this Contest, each Entrant (and any minor Entrant’s parent or legal guardian) agrees: (i) that any and all disputes the Entrant may have with, or claims Entrant may have against, the Released Parties relating to, arising out of or connected in any way with (a) the Contest, and/or (b) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Michigan; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms and Conditions and any of the other agreements referenced herein that the applicable Participant may have entered into in connection with the Activation; (v) the arbitrator shall apply Michigan law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only Entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the Entrant or Sponsor; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and Entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on Entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the Entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of Entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Participant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
Winners List: For any legally required winner’s list, available after December 14, 2018, send a stamped, self-addressed envelope by January 14, 2019, to: Kellogg’s Holiday Baking Challenge Winners, 100 Marcus Drive (Dept. MG), Melville, NY 11747.
Sponsor: The Sponsor of the Contest is Kellogg Company, One Kellogg Square, Battle Creek Michigan, 49017.