Kraft Heinz Foods – Kool-Aid Mystery Flavor – Win one (1) Kool-Aid Mystery thermos

Kool-Aid Mystery Flavor
Official Rules
1. Eligibility: Kool-Aid Mystery Flavor (the “Promotion”) is open only to legal residents of the fifty
(50) United States (including District of Columbia) who are at least thirteen (13) years old at the
time of entry. If you are a minor in your state of residence, you must have the permission
and consent of your parent/legal guardian to participate in this Promotion. Employees Kraft
Heinz Foods Company (“Sponsor”), Merkle Inc. (“Administrator”), VaynerMedia, and their parent
and affiliate companies, suppliers as well as the immediate family (spouse, parents, siblings and
children) and household members of each such employee are not eligible. The Promotion is
subject to all applicable federal, state and local laws and regulations and is void where prohibited.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and
Sponsor’s 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. The
Promotion consists of a sweepstakes (the “Sweepstakes”) and an instant win game (the “Instant
Win Game”).
2. Sponsor: Kraft Heinz Foods Company, 200 E Randolph, Chicago, IL 60601. Administrator:
Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
3. Timing: The Promotion begins on March 9, 2020 at 12:00 a.m. Eastern Time (“ET”) and ends
on April 3, 2020 at 11:59 p.m. ET (the “Promotion Period”). Administrator’s computer is the
official time-keeping device for this Promotion.
4. How to Enter: There are two (2) ways to enter:
A.) Scan a Qualifying Product Package with your Device: During the Promotion
Period, locate “specially-marked” packages of Mystery Flavor Kool-Aid (each, a
“Qualifying Product”). Using your smart phone or other web-enabled device (“Device”),
visit (“Website”) and follow the links and instructions to
complete the registration form (on first visit only). Then, “scan” the Qualifying Product
packaging by pointing your Device’s camera at the Mystery Flavor Jammer pouch of
each Qualifying Product packaging. Once the image is recognized, provide your guess as
to the location of the Kool-Aid Man. You automatically will receive one (1) Sweepstakes
entry and one (1) Instant Win Game Play; click where prompted and the Instant Win
Game results will be instantly displayed. Potential winners of the Instant Win Game will
be provided directions for validation/prize claim.
B.) Visit Microsite from a Desktop Computer: To enter without scanning the image
located on a Qualifying Product, during the Promotion Period, visit the Website and follow
the links and instructions to complete the registration form (on first visit only). Next, click
on the links labeled: “If you don’t have a camera OR a Mystery Flavor Jammer to scan,
click here” and then “Scan Now”. Then, provide your guess as to the location of the Kool-
Aid Man. You automatically will receive one (1) Sweepstakes entry and one (1) Instant
Win Game Play; click where prompted and the Instant Win Game results will be instantly
displayed. Potential winners of the Instant Win Game will be provided directions for
validation/prize claim.
Administrator is responsible for the functionality of the Instant Win Game. Limit: Each entrant
may enter/play one (1) time per day during the Promotion Period. Multiple entrants are not
permitted to share the same email address. Any attempt by any entrant to obtain more than the
stated number of plays/entries by using multiple/different email addresses, identities, registrations
and logins, or any other methods will void that entrant’s plays/entries and that entrant may be
disqualified. Use of any automated system to participate is prohibited and will result in
disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or
misdirected registrations, which will be disqualified. In the event of a dispute as to any
registration or play, the authorized account holder of the email address used to register will be
deemed to be the entrant or player. The “authorized account holder” is the natural person
assigned an email address by an Internet access provider, online service provider or other
organization responsible for assigning email addresses for the domain associated with the
submitted address. Potential winners may be required to show proof of being the authorized
account holder.
5. Sweepstakes/Instant Win Game: Administrator is an independent judging organization whose
decisions as to the administration and operation of the Promotion and the selection of potential
winners are final and binding in all matters related to the Promotion. Sweepstakes: Administrator
will randomly select the potential Sweepstakes winner, from all eligible entries on or around April
6, 2020. Instant Win Game: One thousand (1,000) random, computer-generated winning times,
one for each prize listed below, will be generated during the Promotion Period. If you are the first
player to play the Instant Win Game at or after one of the randomly-generated times, you will be a
potential instant winner of the prize indicated.
7. Verification of Potential Winners: Receiving a prize is contingent upon compliance with
these Official Rules. The potential Sweepstakes winner will be notified by email. Each potential
winner of a prize valued at $600 or more (parent/legal guardian if winner is a minor in his/her
state of residence) will be required to sign and return a Declaration of Compliance, Liability and
Publicity Release which must be received by Administrator, within two (2) days of the date notice
or attempted notice is sent, in order to claim his/her prize. If a potential winner of any prize
cannot be contacted, or fails to sign and return the Declaration of Compliance, Liability and
Publicity Release or provide any other requested information within the required time period (if
applicable), or prize is returned as undeliverable, potential winner forfeits the prize. In the event
that a potential winner of a prize valued over $25 is disqualified for any reason, Sponsor will
award the applicable prize to an alternate winner by random drawing from among all remaining
eligible entries. There will be three (3) alternate drawings after which the applicable prize will
remain unawarded. Unclaimed prizes valued at $25 or less will not be awarded. Instant Win
Game prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Promotion.
8. Prizes:
Sweepstakes Prize: ONE (1) GRAND PRIZE: Winner has the choice to select one (1) of the two
(2) following options:
(i) A trip for two (2) to winner’s choice of a city in the United States. Trip package includes
round trip, coach-class air transportation for two (2) from a major airport near
winner’s home (determined by Sponsor in its sole discretion); five (5) nights’
accommodations at a hotel determined by Sponsor in its sole discretion (single room,
double occupancy); ground transportation to and from destination airport and hotel
and $1,000.00 spending money. TAX GROSS UP PAYMENT: Sponsor will also
provide winner a single cash payment in the form of a corporate check, which is
intended to assist the winner with any federal, state, or other tax obligations related to
the Grand Prize (the “Tax Gross-Up Payment”). The Tax Gross-Up Payment will be
$2,000.00. The Grand Prize winner’s actual tax liabilities related to the Grand
Prize could exceed the Tax Gross-Up Payment. The Grand Prize winner is
solely responsible for all applicable federal, state, or other tax obligations
related to the Grand Prize. Sponsor will not provide any further assistance
toward the winner’s tax obligations. Approximate Retail Value (“ARV”) of the
Grand Prize Package is up to $10,000.00. Actual value may vary based on airfare
fluctuations and distance between departure and destination. Winner will not receive
difference between actual and approximate retail value.
(ii) $5,000 check. ARV is $5,000.00.
For the Trip Option: Winner must complete the trip within one (1) year from the drawing date or
prize will be forfeited. Trip must be booked at least twenty-one (21) days prior to departure.
Travel and accommodations are subject to availability and blackout dates. Travel must be round
trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or
compensation will be made in the event of the cancellation or delay of any flight. Travel is subject
to the terms and conditions set forth in this Promotion, and those set forth by the Sponsor’s airline
carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel
costs not expressly stated in the package description above, including but not limited to, ground
transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges,
airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes
or other expenses are the responsibility solely of winner. Unless child of winner, travel
companion must be eighteen (18) years of age or older as of the date of departure or a
sibling/friend of winner with the appropriate parental permissions and releases and must travel on
same itinerary and at the same time as the winner. If winner is a minor in his/her state of
residence, travel companion must be winner’s parent/legal guardian. Travel companion must
execute liability/publicity releases prior to issuance of travel documents. Travel restrictions,
conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due
to winner’s proximity to prize location, ground transportation will be substituted for round trip air
travel at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets,
travel vouchers or certificates. Sponsor is not responsible if any event is delayed, postponed or
cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no
substitution will be provided except as in Sponsor’s sole discretion.
Odds of winning the Sweepstakes Prize depend on the number of eligible entries received during
the Promotion Period.
Instant Win Game Prizes: TWO HUNDRED (200) FIRST PRIZES: Each Winner will receive one
(1) Kool-Aid Mystery thermos. ARV: $13.20. FOUR HUNDRED (400) SECOND PRIZES: Each
winner will receive one (1) Kool-Aid Man iPhone X phone case. ARV: $12.00. FOUR HUNDRED
(400) THIRD PRIZES: Each winner will receive one (1) pair of Kool-Aid Mystery socks. ARV:
$10.80. Odds of winning an Instant Win Game prize depend on the number of Instant Win prizes
available divided by the number of eligible Instant Win Game plays. Limit: One (1) Instant Win
Game prize per person.
For All Prizes: No cash equivalent and all prizes are non-transferable and no substitution will be
made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to
substitute a prize for one of equal or greater value if the designated prize should become
unavailable for any reason. Winners are responsible for all taxes and fees associated with prize
receipt and/or use. TOTAL ARV OF ALL PRIZES: $21,760.00.
9. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor,
VaynerMedia, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors,
advertising/promotion agencies and each of their respective parent companies and each such
company’s officers, directors, employees and agents (collectively, the “Released Parties”) from
and against any claim or cause of action, including, but not limited to, personal injury, death, or
damage to or loss of property, arising out of participation in the Promotion or receipt or use or
misuse of any prize.
10. Publicity: Except where prohibited, participation in the Promotion constitutes winner’s
consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions
and/or hometown and state for promotional purposes in any media, worldwide, without further
payment or consideration.
11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the
Promotion, or any part of it, if any fraud, technical failures, human error or any other factor impairs
the integrity or proper functioning of the Sweepstakes or Instant Win Game, as determined by
Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at
random from among the eligible entries or plays received up to the time of the impairment.
Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be
tampering with the entry process or the operation of the Sweepstakes or Instant Win Game or to
be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike
or disruptive manner. Any attempt by any person to deliberately undermine the legitimate
operation of the Sweepstakes or the Instant Win Game 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.
12. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or
inaccurate information, whether caused by entrants, printing errors or by any of the equipment or
programming associated with or utilized in the Promotion; (2) technical failures of any kind,
including, but not limited to malfunctions, interruptions, or disconnections in phone lines or
network hardware or software; (3) unauthorized human intervention in any part of the entry
process or the Promotion; (4) technical or human error which may occur in the administration of
the Promotion or the processing of entries; or (5) any injury or damage to persons or property
which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the
Promotion or receipt or use or misuse of any prize. If for any reason an entrant’s entry or play is
confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s
sole remedy is another Sweepstakes entry or Instant Win Game play, if possible. No more than
the stated number of prizes will be awarded. In the event that production, technical, seeding,
programming or any other reasons cause more than stated number of prizes as set forth in these
Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated
number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
13. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and
causes of action arising out of or connected with this Promotion or any prize awarded shall be
resolved individually, without resort to any form of class action, and exclusively by the United
States District Court for the Eastern District of Michigan (Southern Division) or the appropriate
Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and
awards shall be limited to actual out-of-pocket costs incurred, including costs associated with
entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will
entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect,
punitive, incidental and consequential damages and any other damages, other than for actual
out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise
increased. 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 Michigan, without giving effect to any choice of law or conflict of law rules (whether
of the State of Michigan or any other jurisdiction), which would cause the application of the laws
of any jurisdiction other than the State of Michigan.
14. Entrant’s Personal Information: Information collected from entrants is subject to the
Sponsor’s Privacy Policy
15. Winner List: For a winner list, visit The winner list will be posted after
winner confirmation is complete.
© 2020 Merkle Inc. All Rights Reserved.