KELLOGG’S™ POP-TARTS™ RED, WHITE AND BLUEBERRY SUMMER CONTEST
NO PURCHASE NECESSARY. YOU MUST HAVE INTERNET ACCESS AND AN ACCOUNT ON THE DESIGNATED SOCIAL MEDIA PLATFORM TO ENTER VIA SOCIAL MEDIA.
CONTEST DESCRIPTION: The Kellogg’s™ Pop-Tarts™ Red, White and Blueberry Summer Contest (the “Contest”) is a social media entry and mail-in entry contest that begins on 6/5/23 at 12:00:00 AM Eastern Time (“ET”) and ends on 9/15/23 at 11:59:59 PM (ET) (the “Contest Period”).
Throughout the Contest Period, eligible entrants will have the opportunity to create an original summertime concept showing how Kellogg’s® Pop-Tarts® Red, White and Blueberry toaster pastries fit into their summer activities (note: use of actual Kellogg’s® Pop-Tarts® Red, White and Blueberry toaster pastries product is optional and not required – see “No Purchase Necessary Entry” option in rule #3.c. for more details). Once an entrant’s concept is completed, they must post a photo of it on Instagram along with the Hashtag (as defined below); or mail-in a “No Purchase Necessary” entry (collectively, the “Submission”), as more fully set forth below. There will be one (1) Grand Prize winner in the Contest that will be determined using the judging criteria as further described below at the conclusion of the Contest Period.
Entrant’s original summertime concept must use Kellogg’s® Pop-Tarts® Red, White and Blueberry toaster pastries or box as a primary component of the Submission. Kellogg’s® Pop-Tarts® Red, White and Blueberry toaster pastries or box can be actual product or can be digitally-drawn/hand-drawn in a picture for mail-in entry. Summertime concept should not include any brand name product mentions outside Kellogg’s® Pop-Tarts®. Summertime concepts submitted in this Contest must be an original creation by the entrant. Submissions must include a photo of their original summertime concept if submitted via social media; or digitally-drawn/hand-drawn original summertime concept if submitted via mail-in. Eligible Submissions will be judged by a Sponsor-selected panel of judges (the “Judging Panel”) to determine the Grand Prize winner. Participation in the Contest does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Contest and posting a Submission, each entrant 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.
ELIGIBILITY: Open only to legal residents of the fifty (50) United States and District of Columbia who are thirteen (13) years of age or older at the time of entry. Eligible participants who are less than the age of majority in their state of primary residence (a “Minor”) must get their parent or legal guardian’s permission to participate in the Contest. Employees of Kellogg Company, its parent company, subsidiaries, affiliates, advertising and promotion agencies (“Contest Entities”), and their immediate family members and/or those living in the same household of each are not eligible to participate. Contest is void where prohibited by law.
HOW TO ENTER THE CONTEST:
a. Instagram Entry. You may enter the Contest via Instagram by going to https://www.instagram.com, logging into your Instagram account; posting your Submission along with the Hashtag #PopTartsSummerEntry (the “Hashtag”) and Tag the Kellogg’s® Pop-Tarts® account (@poptartsus) (the “Tag”) on Instagram. Submission must be posted to the entrant’s non-private Instagram account; MUST include a photo of the entrant’s original summertime concept; and MUST include the Hashtag and Tag to be eligible as an entry into the Contest. You must be a registered Instagram member to enter via the Instagram method of entry. Instagram account registration and Contest entry is free.
b. No Purchase Necessary Entry. You may also enter the Contest by submitting a digitally-drawn or hand-drawn original summertime concept on an 8½” x 11” piece of paper along with your name, address, age and daytime phone number. Mail your Submission in an outer mailing envelope with sufficient postage affixed to: Kellogg’s™ Pop-Tarts™ Red, White and Blueberry Summer Contest, Attn: Entry, P.O. Box 7786, Kalamazoo, MI 49003-7786. Mail-in entries must be postmarked by 9/15/23 and received by 9/22/23. No copies, facsimiles or mechanical reproductions will be accepted. Promotion Entities assume no responsibility for lost, late, incomplete, stolen, misdirected, illegible or postage due entries or mail.
Direct any questions, comments, or complaints regarding the Contest to Sponsor, not Instagram. Limit one (1) entry per person in the Contest – regardless of method of entry.
By submitting a Submission, you affirm that you have read, understand and agree to these Official Rules. Entrants understand that they are entering at their sole risk. Sponsor is not responsible for any claims arising from a comment on Instagram, specifically including, but not limited to, claims for intellectual property infringement and privacy rights violations, as well as violations of the respective social media platform’s terms and conditions.
Each Submission must meet the following “Submission Requirements” (any Submission that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified):
- Submission must be responsive to the call-to-action;
- Submission submitted via social media must be posted to a non-private social media account;
- Submission must not feature any person(s);
- Entrant must be the rightful owner of the Submission included with the entry;
- Submission must NOT contain any material that infringes or violates any right of a third party including copyright, patent, trademark, trade secret or other proprietary rights. For example, Submission should NOT contain reference to sports team logos, celebrities, names or logos of businesses, music or lyrics, or clips from television shows or movies;
- Submission must NOT include third parties/people and/or their name, image, likeness or voice in the Submission;
- Submission must NOT contain subject matter which is, or could be considered, in the sole discretion of the Contest Entities, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), defamatory, libelous, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., illegal gambling, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, hateful, degrading, harassing, or otherwise unlawful, tortious or objectionable;
- Submission must NOT contain any content that promotes any particular political agenda or message;
- Submission must NOT contain any personal identification, such as personal names or e-mail addresses;
- Submission must NOT communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
- Submission must NOT violate any law;
- Submission must NOT contain any content that is protected by copyright (without the express prior written consent of the owner of such right), including any music or include any recognizable locations or include names and/or descriptions of any copyrighted media production, including, without limitation, films, books, television programming, etc., or identifying descriptions of any media property;
- Submission must NOT include any brand name manufacturer’s products other than Kellogg’s® Pop-Tarts® (generic product usage is acceptable);
- Submission must NOT contain any derogatory references to any of the Contest Entities; and
- Submission submitted via social media must comply with the respective social media platform’s terms and conditions as posted on the social media platform.
All Submissions must be original, unpublished and may not have previously won any award or prize. Sponsor reserves the right, in its sole discretion, to disqualify any Submission that is ineligible, incomplete, non-compliant or otherwise objectionable. Each entrant hereby agrees to indemnify and hold the Contest Entities, their successors and assigns 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 or obligations of entrant hereunder.
Without in any way limiting the effect of the rest of these Official Rules, any entrant who incorporates any intellectual property owned by a third party into his or her Submission without permission does so at his or her own risk. Entrants agree that the Contest Entities shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize.
Note: Sponsor reserves the right, in its sole discretion, to disqualify any entry in the Contest if Sponsor views the Submission as potentially infringing or otherwise a violation or potential violation of a third party’s rights or if it deems the Submission to be lacking in taste, quality, or to be otherwise objectionable.
In the event of a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. The Contest Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error, which may occur in the processing of the entries in the Contest. The Contest Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries. Incomplete entries will be disqualified. Proof of sending a Submission is not considered proof of delivery to or receipt by Sponsor of such Submission.
WINNER SELECTION AND NOTIFICATION: Throughout the Contest Period, the Judging Panel will judge all eligible Submissions based on the following weighted judging criteria: Crazy Good Summer (Does the photo/drawing show how Kellogg’s® Pop-Tarts® Red, White and Blueberry toaster pastries fit into your (the entrant’s) summer activities?) (50%); Kellogg’s® Pop-Tarts® Beauty Shot (Does the picture/drawing showcase the Kellogg’s® Pop-Tarts® Red, White and Blueberry toaster pastries; and in an appetizing way? Does it highlight the frosting, filling and flavor in a unique way?) (50%). The judging of entries will be conducted under the supervision of Sponsor whose decisions are final and binding. The one (1) Submission with the highest overall respective scores from the Judging Panel will be determined to be the Grand Prize winner – subject to verification. In the event of a tie between any entries, the tied entry with the highest score in the “creativity” judging criteria will be the declared the Grand Prize winner from among the tied entries. Once selected, the potential Grand Prize winner will be notified via direct message and/or a comment on their Submission, if they entered via Instagram, or via the telephone, mail and/or email address provided with their entry, if they entered via mail,. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within seventy-two (72) hours of the first notification attempt, an alternate winner may be selected in accordance with the judging criteria noted herein. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners in accordance with the above procedure, after which no more potential winners will be contacted. Potential Grand Prize winner (if Grand Prize winner is a minor, their parent or legal guardian on their behalf) will be required to execute and return an Affidavit of Eligibility, a Liability Release and, unless prohibited by law, a Publicity Release and other related documents required by the Sponsor (the “Winner’s Documents”), within seven (7) business days of initial notification. If any potential winner is found to be ineligible or if he or she has not complied with these Official Rules or does not complete and return the Winner’s Documents within the stated time period, such potential winner will be disqualified and an alternate winner may be selected according to the judging criteria as stated in these Official Rules.
- PUBLICITY RELEASE: By participating in the Contest, in addition to any other rights which may be granted in any other agreement entered into between Sponsor and any entrant in or winner of the Contest, each entrant (and, in the case of a minor entry, their parent/legal guardian on their behalf) irrevocably grants the Contest Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, biographical information, and summertime concept (including photos/drawings) in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with the Website, the Contest or other promotions, and hereby releases the Promotion Entities, and their respective successors, assigns and licensees from any liability with respect thereto.
- GRANT OF RIGHTS: Each entrant into the Contest (and, in the case of a minor entry, their parent/legal guardian on their behalf) hereby irrevocably grants to Sponsor, its designees, affiliates, successors and assigns, the non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display the menu concept (including all photos associated with the menu concept) in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol in perpetuity and throughout the universe for advertising, marketing, publicity and promotional purposes in connection with the Contest and other promotions. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the menu concept (including photos) for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein.
- PRIZE AND APPROXIMATE RETAIL VALUE (ARV). One (1) Grand Prize is available in the Contest. Grand Prize consists of $5,000 (to be awarded in the form of a check to the winner) / ARV $5,000. In the event the Grand Prize winner is a Minor, prize check will be issued to winner’s parent / legal guardian on winner’s behalf. Unclaimed prize will not be awarded. All applicable federal, state, and local taxes on prizes are the sole responsibility of the prize winner. Grand Prize winner will receive a 1099 tax form for the value of the prize.
- 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 any menu concept for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
- GENERAL: No substitutions or transfer of prize permitted. Entrants (and, in the case of a minor entry, their parent/legal guardian on their behalf) agree that the Contest Entities shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize. Sponsor assumes no responsibility for any damage to an entrant’s or any other person’s computer system which is occasioned by accessing the Website or otherwise 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, the Contest Entities are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, or stolen submissions, or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties 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 reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event an insufficient number of eligible entries are received or Sponsor is prevented from awarding prize or continuing with the Contest as contemplated herein by any event beyond its control, Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated for any reason before the designated end date, Sponsor will (if possible) select the potential prize winner in accordance with the above-referenced judging criteria from all eligible, non-suspect entries received as of the date of the event giving rise to the termination using the judging criteria as found in these Official Rules. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of Sponsor. 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 their terms as if the invalid or illegal provision were not contained herein.
- GOVERNING LAW: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF MICHIGAN WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
- WINNER’S LIST: For name of winner, send a self-addressed, stamped envelope by 12/15/23 to: Kellogg’s™ Pop-Tarts™ Red, White and Blueberry Summer Contest, Attn: Winner’s List, P.O. Box 7999, Kalamazoo, MI 49003-7999. Winner’s list to be available after 10/15/23.
- SPONSOR: Kellogg Company, One Kellogg Square, Battle Creek, MI 49016.
®, ™, © 2023 Kellogg NA Co.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM. INSTAGRAM IS COMPLETELY RELEASED OF ALL LIABILITY BY EACH ENTRANT IN THIS CONTEST.