KELLOGG’S™ MLB® NEVER MISS A GAME FAN STORIES CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
PROMOTION DESCRIPTION: The Kellogg’s™ MLB® Never Miss A Game Fan Stories Contest (“Contest”) begins at 12:00:00 AM (ET) on 6/13/14 and ends at 11:59:59 PM (ET) on 9/12/14 (“Promotion Period”). The Contest consists of a Submission Phase (“Submission Phase”) that begins on 6/13/14 at 12:00:00 AM (ET) and ends on 8/31/14 at 11:59:59 PM (ET) to receive entries; and a Judging Phase that begins on 9/1/14 and ends on 9/12/14 at 11:59:59 PM (ET) to determine the Contest prize winners (“Judging Phase”). By participating in the Contest, each participant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Kellogg Company (“Sponsor”), which shall be final and binding in all respects.
HOW TO ENTER:
A. Twitter Entry. During the Submission Phase, Twitter.com users post a response answering the question “What have you done to ensure you never miss a baseball game?” Tweet must contain hashtag “#nevermissagame”. You must have a valid Twitter account to enter. Joining Twitter and entry into the Contest are free. Retweets are not permitted in this Contest.
B. Facebook Entry. During the Submission Phase, Facebook.com users go to https://www.facebook.com/cheezit (“Facebook Page”) and post a response answering the question “What have you done to ensure you never miss a baseball game?” on the Facebook Page wall. Post must contain hashtag “#nevermissagame”. You must have a valid Facebook account to enter. Joining Facebook and entry into the Contest are free. Re-posts are not permitted in this Contest.
For purposes of these Official Rules, your Tweet/post shall collectively be referred to as an “Entry”. All Entries submitted in the Contest must comply with these Official Rules. Entry requirements include the following:
Limit one (1) entry per person, Twitter account or Facebook account per Day;
Entry must be in English;
All Entries must be original work of entrant, and must not infringe the copyright, trademark, privacy, publicity or other personal or proprietary rights of any person or entity;
If any person other than the entrant is described in the Entry, the entrant is responsible for obtaining any necessary permission for use of each such person’s name or likeness;
Entry must not have been previous published, release or distributed in any form;
Entry must not have won any award and/or prize;
Entries that are lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, obscene, not in keeping with Sponsor’s or the MLB Entities’ positive image or Entries that otherwise contain inappropriate content or objectionable material as determined by Sponsor, in its sole discretion, will be disqualified, and;
No other manufacturers’ products may be mentioned in the Entry.
By entering the Contest, the entrant gives Sponsor, MLBP and MLBAM the right to use, edit, or publish the Entry without further compensation and winner assigns all rights, title and interest in the submission to the Sponsor, and, if required, will sign any documents necessary to transfer copyright and rights of publicity. Submission of an Entry further constitutes the entrant’s consent to irrevocably assign and transfer to Sponsor any and all rights, title and interest in the Entry, including, without limitation, all copyrights and rights of publicity. Winner may have to certify in writing that his/her Entry was original and produced by the entrant and no other person or entity holds rights to Entry. Sponsor is not responsible for any change of email address, mailing address and/or phone number of entrants. For purposes of this Contest, a “Day” is defined at a 24-hour period beginning at 12:00:00 AM (ET) and ending at 11:59:59 PM (ET). Neither Sponsor nor any MLB Entity shall have any liability for any Entry that is lost, intercepted or not received by the Sponsor. Any Entry that, in Sponsor’s sole and absolute discretion, violates the above criteria will be disqualified. Incomplete submissions will be declared ineligible.
ELIGIBILITY: Open to legal residents of the fifty (50) United States and District of Columbia who are 18 years of age or older at (except in the case of legal residents of certain states where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) at time of entry. Employees, including immediate family members and/or those living in the same household, of Kellogg Company, the MLB Entities (defined below), their respective parent companies, affiliates, subsidiaries, suppliers, advertising and promotion agencies (collectively, the “Promotion Entities”) are not eligible to participate. The “MLB Entities” shall mean the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, the Major League Baseball Clubs (“Clubs”), Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc. (“MLBP”), MLB Advanced Media, L.P. (“MLBAM”), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities. The Contest is void where prohibited or restricted by law, rule or regulation.
JUDGING: During the Judging Phase, all eligible Entries received by the Submission Phase deadline will be judged by a judging panel comprised of designated individuals from the Sponsor’s organization and its designees, whose decisions are final and binding, using the following judging criteria: originality & creativity (40%); relevancy of entry to the Contest theme (30%); and mass appeal of Entry (30%). The eligible Entry that receives the highest score from the judging panel will be declared the Grand Prize winner – subject to verification of eligibility and compliance with these Official Rules. The eligible Entries that receive the 2nd – 5th highest scores from the judging panel will be declared the Runner Up winners – subject to verification. The Entries that receive the 6th – 45th highest scores from the judging panel will be declared the Secondary Prize winners – subject to verification of eligibility and verification of compliance with these Official Rules. In the unlikely event of a tie, the winner will be eligible Entry with the highest score in the “originality & creativity” judging criteria. The prize will be awarded in the name of the person listed on the Entry provided he/she meets all eligibility requirements.
WINNER NOTIFICATION: Potential winners will receive a direct message from the Sponsor or its designee to the Twitter.com account or Facebook.com account, as applicable used to participate in the Contest confirming that he/she was determined to be a potential winner and requesting the individual’s full name, email address and mailing address. Potential winners must respond to Sponsor’s winner notification within forty-eight (48) hours of notification or prize will be forfeited. For Runner Up and Secondary Prize Winners - once the winner’s information is received by Sponsor, the prize will be mailed to the eligible participant. Please allow 6 - 8 weeks for delivery of the prize. For Grand Prize Winner - Winner will be required to sign an Affidavit of Eligibility/Liability Release, (including the recording of their social security number for tax reporting purposes; as required by law) and, where permitted by law, Publicity Release within fourteen (14) days after first notification attempt. Guest of Grand Prize winner (if a minor, his/her parent or legal guardian must be the Grand Prize winner and sign on their behalf) must sign and return a Liability/Publicity Release prior to awarding of prize.
PRIZES/APPROXIMATE RETAIL VALUES (ARV): One (1) Grand Prize – Two (2) Tickets for winner and one (1) guest to each of Major League Baseball events: one (1) 2015 Opening Day game (of winner’s choice, subject to availability – U.S. games only), one (1) 2014 World Series Game determined by Sponsor and MLB Properties at their discretion and subject to availability , and the 2015 MLB All-Star Game determined by MLBP and subject to availability (ARV $10,000). Prize also includes: round-trip coach air transportation for winner and his/her guest to/from one (1) of the events (i.e. between a major commercial airport closest to the winner's residence and Sponsor’s choice of one (1) of the destination cities hosting either the World Series, All-Star Game or Opening Day (based on winner choice of Opening Day game to attend); and Sponsor-selected lodging consisting of one (1) room for two (2) nights (based on double occupancy) for each event. TRAVEL TO/FROM THE OTHER TWO (2) EVENTS NOT INCLUDED. Air transportation is subject to availability. Travel and hotel accommodations restrictions apply. No transfer or substitution of trip elements will be permitted. Trip must be taken on specified dates as determined by Sponsor or prize will be forfeited in its entirety. Winner and his/her guest are responsible for obtaining all required travel documents, including passports and visas (if applicable) prior to travel and must have no impediment to entering the country of the host city. Winner and his/her travel companion must depart/return from the same major airport and travel on same itinerary. Trip does not include taxes, tips, gratuities, meals (other than those noted herein), service charges, hotel room service, laundry service, alcoholic beverages, merchandise, souvenirs, local and long distance telephone calls, airport charges, or any other service or item not specifically described above. Trip is not redeemable for cash. Actual retail value of prize may vary depending on location of winner’s residence and may fluctuate due to market conditions, changes in value of components, (e.g. air transportation and hotel rates) and other reasons. If, in Sponsor’s sole discretion, air travel is not required due to winner’s proximity to destination city, Sponsor will substitute air transportation with ground transportation between winner’s residence and hotel, and the difference in value will not be awarded. In the event the scheduled MLB game associated with the prize and/or any other component of the prize is cancelled, delayed, or postponed for any reason outside the control of the Sponsor, Sponsor will have no further obligation, other than to award the remainder of the prize. Seat locations shall be determined in the sole discretion of Sponsor, MLBP and/or the applicable Club, as applicable. The Grand Prize does not include tickets to any event or exhibition during the 2015 MLB All-Star Week other than as specifically set forth herein. Winner’s companion must be of legal age of majority in their jurisdictions of residence (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian. Major League Baseball game, event dates and times are determined in the sole discretion of the BOC and/or the applicable Club, as applicable, and may be subject to change. The terms and conditions of the tickets awarded as part of any prize may govern in the event a legal game, event or exhibition, as defined by Major League Baseball, is not played due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason. Winner and his/her guest agree to comply with all applicable ballpark regulations in connection with the prize. Sponsor and the applicable MLB Entities reserve the right to remove or to deny entry to any winner and/or his/her guest who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition. Sponsor and the MLB Entities will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any Major League Baseball game, event or exhibition. Major League Baseball game, event and exhibition tickets awarded as prizes may not be resold or offered for resale. Any such resale may result in disqualification and prize forfeiture, and may invalidate the license granted by the game ticket(s). Five (5) Runner Up Prizes – A 32” Flat Screen TV (ARV $400 ea.) – to be awarded in the form of a $400 Pre-loaded MasterCard Gift Card. Gift card is subject to the terms and conditions associated with its use. Forty (40) Secondary Prizes – A Kellogg’s® Snacks Assorted Snack Pack (ARV $50 ea.). Total ARV of all prizes $14,000. All prizes provided by Sponsor. Unclaimed prizes will not be awarded. All applicable federal, state, and local taxes on prize are the sole responsibility of the prize winner. Grand Prize winner will receive a 1099 tax form for the approximate retail value of the prize.
PUBLICITY RELEASE: By participating in the Contest, each participant irrevocably grants to Sponsor and its successors, assigns and licensees, and the MLB Entities the right to use such participant’s name, likeness, biographical information and Entry, in any and all media for any purpose, including without limitation, advertising and promotional purposes and hereby release the Sponsor from any liability with respect thereto.
GENERAL: By participating in the Contest, each participant agrees that the Sponsor and the MLB Entities shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest. Sponsor and the MLB Entities assume no responsibility for any damage to a participant’s or any other person’s computer system which is occasioned by participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor and the MLB Entities are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, web sites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of any prize or in any notification, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor and the MLB Entities make no warranties, express or implied, relative to the use of enjoyment of the prizes (or any portion thereof) including, without limitation, their quality, merchantability or fitness for a particular purpose. If, for any reason, the Contest is not capable of running as planned, including, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Contest. In such event, Sponsor shall post notice on the Internet at www.kelloggsnevermissagame.com as soon as practical after any action is taken. Any attempt by participant or any other individual to deliberately undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person in connection with the Contest, is in violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to disqualify the applicable individual and seek damages and other remedies from any such person to the fullest extent permitted by law. If any provisions of these Official Rules are determined to be invalid or unenforceable, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained herein.
WINNER’S LIST: For names of prize winners, send a self-addressed, stamped envelope to be received by 12/1/14 to: Kellogg’s™ MLB® Never Miss A Game Fan Stories Contest, Attn: Winner’s List, P.O. Box 1716, Battle Creek, MI 49016-1716. Winner’s list to be available after 10/1/14.
SPONSOR: Kellogg Company, One Kellogg Square, Battle Creek, MI 49016.
®, ™, © 2014 Kellogg NA Co. This Contest is not sponsored, produced or executed by any MLB Entity. Major League Baseball trademarks and copyrights used with permission of the applicable MLB Entities. All rights reserved.