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what kind
of music
does cheese
listen to?
R & Brie
 
 
 
 
 
 
 
 
 
 

CHEEZ-IT* REAL INFLUENCER CONTEST
OFFICIAL RULES AND REGULATIONS

 
 
 
 
 
 
 
 
 
 

THIS CONTEST IS GOVERNED BY CANADIAN LAW

NO PURCHASE NECESSARY TO ENTER

The Cheez-It* Real Influencer Contest (the “Contest”) is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram, YouTube, or TikTok (each a “Social Platform,” collectively the “Social Platforms”). Kellogg Canada Inc. is the sponsor of this Contest (“Sponsor”). Any personal information you provide will be used for the administration of this Contest and in accordance with the Sponsor’s privacy policy (see below). Each Social Platform is hereby completely released from all liability by each participant in this Contest. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not the Social Platform . You may only use your one (1) personal Social Platform account (a “Social Account”) to participate in this Contest. IMPORTANT NOTE: Your Social Platform account must be set to public and not private (as more fully detailed below). Standard data rates apply to participants who participate in the Contest via a wireless mobile device (including, without limitation, eligible entrants who submit an Entry via a wireless mobile device). Please call your service provider for pricing and service plan information and rates before mobile device participation.

1. CONTEST PERIOD/KEY DATES:

No purchase necessary. The Contest begins on December 10, 2019 at 12:00:01 p.m. Eastern Time (“ET”) and ends on February 10, 2019 at 11:59:59 p.m. ET (the “Contest Period”). The Sponsor’s computer is the official time keeping device for the Contest.

The initial entry period is December 10, 2019 at 12:00:01 a.m. ET to January 9, 2020 at 11:59:59 ET (“Initial Entry Period”)

Fifty (50) selected finalists will be contacted by email on January 10, 2020 (“Finalist Notification Date”).

Finalist packages will be shipped from January 13, 2020 to January 24, 2020 (“Shipping Period”).

Finalist Content must be submitted by between January 30, 2020 and February 10, 2020 at 11:59:59 pm (“Finalist Submission Period”).

Ten (10) potential winners will be notified starting February 24, 2020 (“Potential Winner Notification Date”).

2. ELIGIBILITY:

The Contest is only open to residents of Canada who have reached the legal age of majority in their province or territory of residence at the time of entry. Employees, representatives and agents (and those with whom such persons are domiciled, whether related or not) of the Sponsor, The Marco Corporation (the “Administrator”), or any of their respective parent companies, subsidiaries, members, shareholders, directors, officers, affiliates, prize suppliers, advertising/promotion agencies, or any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Contest (collectively, the “Contest Parties”) are not eligible to enter the Contest.

3. INITIAL ENTRIES:

How to Enter:

To enter the Contest, eligible entrants must go to: Cheezit.ca (the “Website”) and follow the on-screen instructions to obtain and fully complete the official Contest Entry Form (the “ Entry Form”), which requires you to: (a) enter your first name, last name, valid email address, telephone number and preferred social media handle; and (b) include a description of what your Cheez-It* Real Influencer post would be like (maximum four thousand (4,000) characters) (“Description”); and (c) indicate that you have read, accept and agree to be legally bound by the terms and conditions of these Rules. When you have fully completed the Entry Form, the Description, and you have agreed to the Rules, click the “Enter” button and you will be eligible to receive one (1) entry (an “Initial Entry”) into the Contest. In order to be eligible, your Entry Form must be submitted and received in accordance with these Rules during the Initial Entry Period (as determined by the Sponsor in its sole and absolute discretion). In order to be eligible, all content and materials associated with an Initial Entry must: (a) be submitted and received in accordance with these Rules during the Initial Entry Period; and (b) include all required components noted above; as determined by the Sponsor in its sole and absolute discretion.

Limits of Initial Entry:

There is a limit of one (1) Initial Entry per person during the Initial Entry Period. In order to be eligible, each eligible entrant’s Initial Entry must comply with the entry requirements listed below in Rule 4 (including, without limitation, all requirements specified in the Agreement). Once an eligible entrant has submitted an Initial Entry, the Initial Entry may be reviewed for compliance with these Rules (as determined by the Sponsor in its sole and absolute discretion) and any Initial Entry that is deemed to contravene these Rules (as determined by the Sponsor in its sole and absolute discretion) will be disqualified.

For the avoidance of doubt, the maximum number of Entries that an eligible entrant can earn during the Initial Entry Period is one (1). Under no circumstances will an eligible entrant be permitted to submit more than one (1) Initial Entry during the Initial Entry Period. For greater certainty and the avoidance of any doubt, eligible entrants can only use one (1) email account to participate in the Contest. If it is discovered by the Sponsor, Agency or Administrator (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to use multiple names, identities, email accounts, any automated, macro, script, robotic or other system(s) or program(s) and/or any other means not in keeping with the Sponsor’s interpretation of the letter and/or spirit of these Rules to enter or otherwise participate in or to disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. The Contest Parties, and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Initial Entries (all of which are void). Any Initial Entry that does not follow the above format and requirements as provided in these Rules (as determined by Sponsor in its sole and absolute discretion) will not be eligible for entry in this Contest. By entering the Contest, each eligible entrant agrees to be legally bound by the terms and conditions of these Rules.

All Initial Entries and entrants are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity, eligibility or compliance with these Rules (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Initial Entry, and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering by itself or through the Administrator, this Contest in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor.

4. INITIAL ENTRY REQUIREMENTS:

BY SUBMITTING AN ENTRY, EACH ENTRANT AGREES THAT SUCH ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF) COMPLIES WITH ALL TERMS AND CONDITIONS STATED IN THESE RULES AND ALL APPLICABLE [SOCIAL PLATFORM] TERMS OF SERVICE AND RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF ANY INITIAL ENTRY (OR ANY COMPONENT); (II) PARTICIPATION IN ANY CONTEST-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED A FINALIST, THE PRIZES (INCLUDING ANY USE OR MISUSE OF THE FINALIST PRIZES). THE RELEASED PARTIES SHALL BE HELD HARMLESS BY EACH ENTRANT IN THE EVENT IT IS DISCOVERED THAT ANY ENTRANT HAS DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES AND/OR THE APPLICABLE [SOCIAL PLATFORM] RULES. THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST AND/OR AWARDING OF THE FINALIST PRIZE. Without limiting the generality of the requirements noted above in Rule 3, to be eligible for entry in this Contest, each Entry must be unique and original (i.e. an entrant cannot copy someone else’s Finalist Entry in whole or in part, or submit the same Finalist Entry more than once). By participating in the Contest, each eligible entrant hereby warrants and represents that any Entry he/she submits:

i. is original to him/her and that the entrant has obtained all necessary rights for the purposes: (a) of submitting his/her Finalist Entry for the purposes of this Contest; and (b) granting the license described in Rule 13;
ii. does not violate any law, statute, ordinance or regulation;
iii. does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;
iv. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party;
v. is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; conduct or other activities in violation of these Rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion; and
vi. is in compliance with all requirements specified within these Rules

5. THE FINALIST PRIZES:

There are fifty (50) finalist prizes available to be won (collectively the “Finalist Prizes,” each a “Finalist Prize,”), each consisting of a package containing four (4) boxes of Cheez-It* crackers, a Cheez-It* shirt, socks and a toque, each with an approximate retail value (“ARV”) of eighty four dollars ($84.00 CDN). Each confirmed Finalist receiving a Finalist Prize is encouraged to use the Cheez-It* crackers and merchandise when creating their Finalist Content. The Finalist Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute the Finalist Prize or a component thereof with a prize of equal or greater retail value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award. None of the Released Parties make any representation or offer any warranty, express or implied, as to the quality or fitness of the Finalist Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, the confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the Released Parties should his/her Finalist Prize fail to be fit for its purpose or is in any way unsatisfactory. By accepting the Finalist Prize, the confirmed Finalist agrees develop and submit a Finalist Entry. For greater certainty and the avoidance of any doubt, by accepting a Finalist Prize, the confirmed Finalist agrees to waive all recourse against the Released Parties if his/her Finalist Prize or a component thereof does not prove satisfactory, either in whole or in part.

6. FINALIST SELECTION PROCESS (JUDGING):

After the end of the Initial Entry Period, a panel of judges (the “Contest Judges”) appointed by the Sponsor, at its sole and absolute discretion, will judge each eligible Initial Entry on the basis of the following criteria:

Criteria Scoring
1. Creativity 50%
2. Use of Cheez-It* crackers and merchandise 30%
3. Humour 20%


Each Initial Entry will be given a score (the “Score”) by the Contest Judges. Odds of being selected as a potential winner of a Finalist Prize depend on the number and calibre of eligible Initial Entries submitted and received in accordance with these Rules during the Initial Entry Period. There will be fifty (50) Finalists, based on Score (as determined by the Contest Judges, in their sole and absolute discretion). The eligible entrants who submit the fifty (50) highest scoring Initial Entries will be selected as the potential Finalists and eligible to receive a Finalist Prize, subject to compliance with these Rules. In the event of a tie between two or more eligible Initial Entries for any of the Finalist spots based on Score, the eligible entrant(s) associated with the eligible Initial Entry/Entries – from amongst all such eligible Initial Entries that are tied – with the highest score on Criteria 1 (followed in the event of a further tie by Criteria 2, then Criteria 3) will be selected as the potential winner of a Finalist Prize. In the event of an exact tie based on Criteria 1, 2 and 3, a new panel of judges will be appointed by the Sponsor to break the tie in accordance with the preceding procedure.

 

7. SELECTED FINALIST NOTIFICATION AND CONFIRMATION:

The Sponsor or its designated representative will make a minimum of three (3) attempts to notify the potential Finalists by telephone or email within two (2) business days of the Finalist Notification Date. If the potential Finalist cannot be contacted within two (2) business days of the applicable Winner Selection Date, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select the eligible entrant with the next highest Score from among the remaining eligible Initial Entries submitted and received during the Initial Entry Period (in which case the foregoing provisions of this section shall apply to such newly selected eligible entrant).

NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES. BEFORE BEING DECLARED A CONFIRMED FINALIST PRIZE WINNER, the potential Finalist Prize winner will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid; and (b) sign and return within two (2) business days of notification the declaration and release form provided by the Administrator (the “Declaration and Release Form”), which (among other things): (i) confirms compliance with these Rules; (ii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the applicable Finalist Prize or any portion thereof; (iii) agrees to take part in the Finalist Submission portion of the Contest and (iv) irrevocably agrees to the publication, reproduction, broadcasting, copying and/or other use of his/her name, city and province of residence, voice, statements about the Contest, approved biographical information and/or photograph or other likeness (as may be retouched or edited), or to refrain from so doing, in whole or in part, without further notice or compensation, in perpetuity, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner or media whatsoever, including without limitation for any and all advertising, promotion and/or other purposes of trade. If a potential Finalist Prize winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents, including for greater clarity, the Declaration and Release Form, within the specified time; (c) cannot accept (or is unwilling to accept) the Finalist Prize and agree to take part in the Finalist Submission portion of the Contest, for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the Finalist Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select the eligible entrant with the next highest Score from among the remaining eligible Initial Entries submitted and received during the Initial Entry Period (in which case the foregoing provisions of this section shall apply to such newly selected eligible entrant).

8. FINALIST ENTRIES:

How to Enter:

To enter the Finalist Submission portion of the Contest, Finalists must create a unique and original Cheez-It* Real Influencer social media post based on the Description provided in the Initial Entry. Your post should include either an image, a short video, or a GIF, along with a written description and the hashtag #CheezItContestEntry (“Finalist Content”). Once you have created your Finalist Content, you must post it on a Social Platform (“Finalist Post”), and then send an email including a link to the Finalist Post, your full name, the social media handle you post under, and your telephone number to: promotions@cheez-it.ca (the “Email Submission Address”) and you will be eligible to receive one (1) entry (a “Finalist Entry”) into the Contest. In order to be eligible, your Finalist Entry must be submitted and received in accordance with these Rules during the Finalist Entry Period (as determined by the Sponsor in its sole and absolute discretion). In order to be eligible, all content and materials associated with a Finalist Entry must: (a) be submitted and received in accordance with these Rules during the Finalist Entry Period; (b) include all required components noted above; and (c) conform to any and all content guidelines provided by Sponsor to Finalists (“Content Guidelines”); each as determined by the Sponsor in its sole and absolute discretion. Be mindful of Cheez-It* product waste when developing your creations. Finalist Posts displaying Cheez-It* product waste deemed excessive by our Cheez-It* Contest judges will be disqualified and ineligible for the chance to win the grand prize. An example of this would be filling a bathtub full of Cheez-It* crackers that will not actually be consumed.

If a Finalist Post is in violation of any of the Rules, any Content Guidelines, or is otherwise deemed inappropriate or offensive by Sponsor, in its sole and absolute discretion, then at the written request of the Sponsor to the Finalist, the Finalist shall remove the Finalist Post from the applicable Social Platform within 24 hours.

Limits of Finalist Entry:

There is a limit of one (1) Finalist Entry per person during the Finalist Submission Period. In order to be eligible, each Finalist’s Finalist Submission must comply with the entry requirements listed below in Rule 9. Once a Finalist has submitted a Finalist Submission, the Finalist Submission may be reviewed for compliance with these Rules (as determined by the Sponsor in its sole and absolute discretion) and any Finalist Submission that is deemed to contravene these Rules (as determined by the Sponsor in its sole and absolute discretion) will be disqualified.

For the avoidance of doubt, the maximum number of Finalist Submissions that an eligible entrant can submit during the Finalist Submission Period is one (1). Under no circumstances will a Finalist be permitted to submit more than one (1) Finalist Submission during the Finalist Submission Period. For greater certainty and the avoidance of any doubt, eligible entrants can only use one (1) Social Platform to participate in the Contest. If it is discovered by the Sponsor, Agency or Administrator (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to use multiple names, identities, email accounts, any automated, macro, script, robotic or other system(s) or program(s) and/or any other means not in keeping with the Sponsor’s interpretation of the letter and/or spirit of these Rules to enter or otherwise participate in or to disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. The Contest Parties, Social Platform, and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Social Platform Posts and/or Finalist Submissions (all of which are void). Any Finalist Submission posted on YouTube must adhere to the YouTube Community Guidelines, which can be found at https://www.youtube.com/about/policies/#community-guidelines. Any Finalist Submissions that do not comply with YouTube’s Community Guidelines will be disqualified. Any Finalist Submission that does not follow the above format and requirements as provided in these Rules (as determined by Sponsor in its sole and absolute discretion) will not be eligible for entry in this Contest. For any Finalist Submission to be valid, Social Platform account settings must not be protected/private such that the Sponsor is unable to detect that Finalist Submission. Social Platform account privacy settings may be adjusted by selecting the Settings menu for the applicable account(s). By entering the Contest, each Finalist agrees to be legally bound by the terms and conditions of these Rules.

All Finalist Submissions and entrants are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity, eligibility or compliance with these Rules (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Finalist Submission Social Platform Post, and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering by itself or through the Administrator, this Contest in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor.

9. FINALIST SUBMISSION REQUIREMENTS:

BY SUBMITTING A FINALIST SUBMISSION, EACH FINALIST AGREES THAT SUCH FINALIST SUBMISSION (AND EACH INDIVIDUAL COMPONENT THEREOF) COMPLIES WITH ALL TERMS AND CONDITIONS STATED IN THESE RULES AND ALL APPLICABLE SOCIAL PLATFORM TERMS OF SERVICE AND RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF ANY FINALIST SUBMISSION (OR ANY COMPONENT); (II) PARTICIPATION IN ANY CONTEST-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED A WINNER, THE WINNER PRIZES (INCLUDING ANY USE OR MISUSE OF THE PRIZES). THE RELEASED PARTIES SHALL BE HELD HARMLESS BY EACH FINALIST IN THE EVENT IT IS DISCOVERED THAT ANY FINALIST HAS DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES AND/OR THE APPLICABLE SOCIAL PLATFORM RULES. THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST AND/OR AWARDING OF THE WINNER PRIZE. Without limiting the generality of the requirements noted above in Rule 8, to be eligible for entry in this Contest, each Finalist Submission must be unique and original (i.e. an entrant cannot copy someone else’s Finalist Post in whole or in part, re-post someone else’s Finalist Post; or submit the same Finalist Post more than once). By participating in the Contest, each Finalist hereby warrants and represents that any Finalist Submission he/she submits:

i. is original to him/her and that the entrant has obtained all necessary rights for the purposes: (a) of submitting his/her Finalist Submission for the purposes of this Contest; and (b) granting the license described in Rule 13;
ii. does not violate any law, statute, ordinance or regulation;
iii. does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;
iv. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party;
v. is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; conduct or other activities in violation of these Rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion; and
vi. is in compliance with all requirements specified within these Rules.

10. THE WINNER PRIZES:

There are ten (10) winner prizes available to be won (collectively the “Winner Prizes,” each a “Winner Prize,”), each consisting of Cheez-It* crackers for a year, which will be awarded as fifty two (52) boxes of Cheez-It* crackers, each with an ARV of one hundred fifty six dollars ($156.00 CDN). Each Winner Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute the Winner Prize or a component thereof with a prize of equal or greater retail value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award. None of the Released Parties make any representation or offer any warranty, express or implied, as to the quality or fitness of the Winner Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, each confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the Released Parties should his/her Winner Prize fail to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting a Winner Prize, each confirmed Winner agrees to waive all recourse against the Released Parties if his/her Winner Prize or a component thereof does not prove satisfactory, either in whole or in part.

11. WINNER SELECTION PROCESS (JUDGING):

After the end of the Finalist Entry Period, a panel of judges (the “Contest Judges”) appointed by the Sponsor, at its sole and absolute discretion, will judge each eligible Finalist Entry on the basis of the following criteria:

Criteria Scoring
1. Creativity 50%
2. Use of Cheez-It* crackers and merchandise 30%
3. Humour 20%


Each Finalist Entry will be given a score (the “Score”) by the Contest Judges. Odds of being selected as a potential winner of a Winner Prize depend on the calibre of eligible Finalist Entries submitted and received in accordance with these Rules during the Finalist Entry Period. There will be ten (10) Winners, based on Score (as determined by the Contest Judges, in their sole and absolute discretion). The Finalists who submit the ten (10) highest scoring Finalist Entries will be selected as the potential Winners and eligible to receive a Winner Prize, subject to compliance with these Rules. In the event of a tie between two or more eligible Finalist Entries for the any of the Winner spots based on Score, the Finalist(s) associated with the eligible Finalist Entry/Entries – from amongst all such eligible Finalist Entries that are tied – with the highest score on Criteria 1 (followed in the event of a further tie by Criteria 2, then Criteria 3) will be selected as the potential winner of a Winner Prize. In the event of an exact tie based on Criteria 1, 2 and 3, a new panel of judges will be appointed by the Sponsor to break the tie in accordance with the preceding procedure.

 

12. POTENTIAL WINNER NOTIFICATION AND CONFIRMATION:

The Sponsor or its designated representative will make a minimum of three (3) attempts to notify the potential winners by telephone or email within five (5) business days of the Potential Winner Notification Date. If a potential winner cannot be contacted within five (5) business days of the Potential Winner Notification Date, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select the Finalist with the next highest Score from among the remaining eligible Finalist Entries submitted and received during the Finalist Entry Period (in which case the foregoing provisions of this section shall apply to such newly selected Finalist).

NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES. BEFORE BEING DECLARED THE CONFIRMED WINNER PRIZE WINNER, the potential Winner Prize winner will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid; and (b) sign and return within five (5) business days of notification the declaration and release form provided by the Administrator (the “Declaration and Release Form”), which (among other things): (i) confirms compliance with these Rules; (ii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the applicable Finalist Prize or any portion thereof; and (iii) irrevocably agrees to the publication, reproduction, broadcasting, copying and/or other use of his/her name, city and province of residence, voice, statements about the Contest, approved biographical information and/or photograph or other likeness (as may be retouched or edited), or to refrain from so doing, in whole or in part, without further notice or compensation, in perpetuity, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner or media whatsoever, including without limitation for any and all advertising, promotion and/or other purposes of trade. If a potential Winner Prize winner: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents, including for greater clarity, the Declaration and Release Form, within the specified time; (c) cannot accept (or is unwilling to accept) the Winner Prize for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the Winner Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select the Finalist with the next highest Score from among the remaining eligible Finalist Entries submitted and received during the Finalist Entry Period (in which case the foregoing provisions of this section shall apply to such newly selected Finalist).

13. LICENSE:

By entering the Contest and submitting an Initial Entry or a Finalist Entry, each eligible entrant: (i) without limiting the Social Platform Terms of Service (as applicable), grants to the Sponsor and Agency, in perpetuity, a non-exclusive, world-wide, irrevocable, royalty-free, transferable and sub-licensable, unrestricted license to copy, transmit, distribute, translate, publish, display, reproduce, modify, edit, adapt, make available, combine with other visual elements and otherwise use his/her Initial Entry or Finalist Entry (and each component thereof), in whole or in part, for advertising or promoting the Contest or for any other reason (including, but not limited to, creating a collage that includes multiple Photos or Videos that may be posted on a Social Platform) in any manner or format whatsoever, including print, broadcast or internet; (ii) waives all moral rights in and to his/her Initial Entry or Finalist Entry (and each component thereof) in favour of the Sponsor (and anyone authorized by the Sponsor to use such Initial Entry or Finalist Entry); and (iii) agrees to release and hold harmless the Released Parties from and against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Initial Entry or Finalist Entry (or any component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever. For greater certainty and the avoidance of any doubt, the Sponsor reserves the right, in its sole and absolute discretion and at any time, to disqualify any Initial Entry or Finalist Entry and/or the associated entrant if a complaint is received with respect to the Initial Entry or Finalist Entry (or the Finalist Post or Photo or Video associated therewith), if the Sponsor determines, in its sole and absolute discretion, that any Initial Entry or Finalist Entry does not comply with these Rules, or for any other reason.

14. GENERAL CONDITIONS:

This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Initial Entries or Finalist Entries and/or entrants. By participating in this Contest, you are agreeing to be legally bound by the terms and conditions of these Rules. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.

The Released Parties will not be liable for: (i) any failure of any website or any platform during the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Initial Entry or Finalist Entry, and/or or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.

In the event of a dispute regarding who submitted an Initial Entry or Finalist Entry, Initial Entry or Finalist Entries will be deemed to have been submitted by the authorized account holder of the Social Platform Account used to submit the Finalist Entry in question. “Authorized Account Holder” is defined as the person who is assigned to a Social Platform account. An entrant may be required to provide proof (in a form acceptable to the Sponsor) that he/she is the Authorized Account Holder of the Social Platform associated with the Finalist Entry in question.

The Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, to cancel, withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right, subject only to the approval of the Régie in Quebec, to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. The Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.

By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives (including without limitation the Administrator), storing, sharing and using the personal information associated with his/her Initial Entry or Finalist Entry for the purpose of administering the Contest and in accordance with Sponsor’s privacy policy (available at: http://www.kelloggs.ca/en_CA/privacy-policy.html ). This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information.

The Sponsor reserves the right, subject only to the approval of the Régie in Quebec, to adjust any of the dates, timeframes and Initial Entry or Finalist Entry or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by Sponsor, for purposes of verifying compliance by any entrant, Initial Entry or Finalist Entry and/or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.

For Quebec residents: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.

In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to, the French version of these Rules, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor, the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.

The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.

To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.
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Mini Rules:

No purchase necessary. Contest runs Dec. 10/2019 at 12:00:01 p.m. ET to Feb. 10/2020 at 11:59:59 p.m. ET. Open to residents of Canada who are age of majority. Enter by submitting a description of your original Cheez-It* Real Influencer post by Jan. 9, 2020 at 11:59:59 ET. 50 finalist prizes each consisting of a finalist Cheez-It* prize pack, with an ARV of $84.00; and 10 winner prizes, each consisting of 52 boxes of Cheez-It* crackers, with an ARV of $156.00. Mathematical skill-testing question required. Odds of winning depend on the number and calibre of eligible entries received during contest period. Full rules, including entry and prize details at Cheezit.ca.