“Morning Wins” Contest
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. OPEN ONLY TO PERSONS WHO AS OF THE DATE OF ENTRY ARE A LEGAL RESIDENT OF ONE OF THE 50 UNITED STATES OR D.C. AND ARE 18 YEARS OF AGE OR OLDER AND OF THE LEGAL AGE OF MAJORITY AT THE TIME OF ENTRY. U.S. LAW GOVERNS THIS CONTEST. VOID WHERE PROHIBITED BY LAW.
- ELIGIBILITY: The Contest (the “Contest”) is open only to persons who as of the date of entry (and, if a winner, as of the date of prize fulfillment) are a legal resident of one of the 50 United States or the District of Columbia and who are 18 years of age or older and of the legal age of majority in the jurisdiction in which the entrant resides. Persons who at any time during the Entry Period (as defined below) (and, if a winner, as of the date of prize fulfillment) are an employee of Some Spider, Inc. (“Sponsor”), Kellogg Company (“Kellogg”) or any of Sponsor’s or Kellogg’s parent companies, subsidiaries, affiliates or advertising or promotion agencies or any other entity involved in the marketing or promotion of the Contest, or a member of the immediate family or household (whether or not related) of any such employee, are not eligible. Eligibility determinations will be made by Sponsor in its discretion and will be final and binding. U.S. law governs this Contest. Void where prohibited by law.
- HOW TO ENTER: The entry period for the Contest begins at 7:00 AM Eastern Time (ET) on March, 20, 2021, and continues through 11:59 PM ET on April 2, 2021 (the “Entry Period”). No purchase is necessary. To enter the Contest, during the Entry Period, visit the Contest website, located at https://forms.gle/XmXj1gsCkc7mhG3Y6 (the “Website”) and follow the on-screen entry instructions. Each entrant will be required to (i) submit materials (video, photos, and/or written responses) that respond to the prompt to “share your morning wins,” and (ii) fill out an online entry form (which will require the entrant to submit his or her email address, phone number, mailing address and such other information as Sponsor may require). Videos, photos and/or written materials submitted for purposes of Contest entry are referred to collectively in these Official Rules as a “Submission.” Each Submission must comply with the Submission Guidelines set forth in Section 3. Submitting a Submission and completing the online entry form during the Entry Period constitutes acknowledgement of and consent to these Official Rules. Each Submission must be original and unique and may be submitted only once. If a particular Submission is submitted more than once, Sponsor will have the right to disqualify all entrants who submitted the duplicative Submission, to accept only the first submission of the Submission or to take such other action as Sponsor deems appropriate in its discretion. All entries must be completed and received by Sponsor prior to the conclusion of the Entry Period. Entry times will be determined by Sponsor in its discretion. Normal time rates and data charges, if any, charged by the entrant’s Internet or mobile service provider will apply. All entries are subject to verification at any time. Proof of submission does not constitute proof of entry. Sponsor will have the right, in its discretion, to require proof of identity and/or eligibility in a form acceptable to Sponsor (including, without limitation, government-issued photo identification). Failure to provide such proof to the satisfaction of Sponsor in a timely manner may result in disqualification.
- SUBMISSION GUIDELINES: Each Submission must comply with the following guidelines: (a) the Submission must be original and have been created solely by the entrant; (b) the entrant must own the copyright in the Submission; (c) the Submission must not previously have been submitted in connection with any sweepstakes or contest, published for commercial purposes or won any award; (d) the Submission must not include any brand name, trademark or logo of any entity (other than brand names, trademarks or logos associated with Sponsor); (e) the Submission must not contain any material that violates or infringes upon the rights of any third party, including without limitation any copyright, trademark or right of privacy or publicity, or that is unlawful, in violation of or contrary to any applicable law or regulation, or the use of which by the Licensees as permitted pursuant to these Official Rules would require a license or permission from or payment to any third party; (f) the Submission must not contain any material that is disparaging, defamatory, threatening, indecent, violent, obscene or offensive, or that promotes a political agenda, violence, bigotry or discrimination; (g) the Submission, and Licensees’ use of the Submission as permitted pursuant to these Official Rules, will not violate any right of any third party; and (h) the Submission must not contain any material that Sponsor, in its sole discretion, deems inappropriate for public viewing and/or display. By submitting a Submission, the entrant represents and warrants that the entrant has complied with all of the foregoing requirements and has obtained all permissions, licenses and consents that are necessary for the submission of the Submission and to the use by the Licensees of the Submission as permitted pursuant to these Official Rules and to verify compliance with the foregoing requirements. Each entrant agrees to provide to Sponsor at its request copies of all such permissions, licenses and consents and, if requested by Sponsor, to obtain additional permissions, licenses and consents from the applicable parties in a form specified by Sponsor. Sponsor reserves the right in its sole discretion to disqualify any Submission that it determines does not comply with these guidelines or to require the entrant to make such changes to any Submission as are necessary to make it compliant.
- SELECTION OF WINNERS: Following the conclusion of the Entry Period, one potential first prize winner and 25 potential second prize winners will be selected by judges designated by Administrator (the “Judges”) from among all Submissions validly entered into the Contest, by applying the following criteria, weighted as indicated (the “Finalist Judging Criteria”): Embodying the concept of “winning” (33%), Humor (33%), Originality (34%). In the event of a tie between any two Submissions, the Submission with the higher score in “Embodying the concept of winning” criterion will be deemed the higher scoring Submission. The odds of winning will depend on the number and quality of Submissions validly entered into the Contest during the Entry Period.
- WINNER NOTIFICATION AND VERIFICATION: The potential prize winners will be notified following the Entry Period via email and must respond to the initial notification attempt within Each potential winner is subject to verification of eligibility and may, in Sponsor’s discretion, be required to submit proof of identity and/or eligibility in a form acceptable to Sponsor (including, without limitation, government-issued photo identification). Failure to provide such proof to the satisfaction of Sponsor in a timely manner may result in disqualification. Sponsor will have the right to require that the potential winners each complete and return to Sponsor an Affidavit of Eligibility and Publicity/Liability Release within seven days after attempted delivery of the document to the potential winner. If any attempted notification or prize delivery is returned as undeliverable, or if a potential winner does not respond to Sponsor’s initial notification attempt within 72 hours, or if a potential winner does not complete, sign, and return any required Affidavit of Eligibility and Publicity/Liability Release within seven days after attempted delivery of the document to the potential winner, or if a potential winner does not satisfy the eligibility requirements set forth in Section 1 or is not compliant with these Official Rules, Sponsor will have the right in its discretion to disqualify the potential winner and select an alternate winner.
- PRIZE: One first prize and 25 second prizes will be offered. The first prize consists of $100. Each second prize consists of _one (1) t-shirt. The approximate retail value (“ARV”) of each second prize is $24 The aggregate ARV of all prizes is $600. Each cash prize component will be awarded in the form of a check or another method determined by Sponsor. Each prize will be awarded if properly claimed. No substitution, cash redemption or transfer of the right to receive any prize or any prize component is permitted, except in the discretion of Sponsor, which have the right to substitute any prize or any prize component with a prize or prize component of equal or greater monetary value selected by Sponsor in its discretion. Each prize consists only of the items expressly specified in these Official Rules. All expenses or costs associated with the acceptance or use of any prize or any prize component (including, Internet connection and/or data costs) are the responsibility of the winner. The prize is awarded “as is” and without any warranty, except as required by law. In no event will more than the number of prizes stated in these Official Rules be awarded. All federal, state and local taxes on the value of the prize are the responsibility of the winner. An IRS form 1099 will be issued if required by law.
- GRANT OF RIGHTS: By submitting a Submission, each entrant irrevocably grants to Sponsor, Kellogg, and Sponsor’s and Kellogg’s parent companies, subsidiaries and affiliates, and the agents and licensees of each of the foregoing and each of their respective successors and (collectively, the “Licensees”) the right to use the entrant’s name, likeness, voice, biographical information and statements attributed to the entrant (“Personality Rights”), and the entrant’s Submission, in perpetuity, throughout the world, in all media and formats whether now or later known or developed (including without limitation via Sponsor’s, Kellogg’s, and third-party websites and social media and digital channels), for commercial purposes and any other purposes (including, without limitation, advertising and promotion), without further notice or compensation, unless prohibited by law. For clarity, nothing in these Official Rules will obligate any Licensee to use the Personality Rights and/or Submission of any entrant.
- RELEASE AND LIMITATION OF LIABILITY: To the fullest extent permitted by applicable law, each entrant releases and agrees to hold harmless each of the Licensees and all other companies involved in the development, operation or marketing of the Contest or the provision of any prize or any component of any prize, and the successors and assigns of each of the foregoing, and the directors, officers, employees and agents of each of the foregoing (the “Released Parties”) from and against any and all claims, causes of action and liabilities of any kind that the entrant ever had, now has or might in the future have arising out of or relating to the Contest, participation in the Contest, the use of the Website, the acceptance, receipt, participation in or use of any prize or any component thereof, the entrant’s Personality Rights or the entrant’s Submission as permitted pursuant to these Official Rules, including without limitation any and all claims, causes of action and liabilities (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person, (b) based upon any allegation of violation of the right of privacy or publicity, copyright infringement, misappropriation, defamation or violation of any other personal or proprietary right or (c) or based upon any allegation of a violation of any law, rule or regulation relating to personal information or data security. Each entrant agrees not to assert any such claim or cause of action against any of the Released Parties. Each entrant assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in this Contest, the use of any Contest-related website, or the provision, acceptance or use of any prize or prize component. The Released Parties are not responsible for, and will have not have any liability in connection with, (v) any typographical, printing, production, distribution or other error in the administration of the Contest or in the announcement of prizes or winners, (w) late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human, mechanical or technical error of any kind relating to the operation of the Website, communications or attempted communications with any entrant, the submission, collection, storage or processing of entries or the administration of the Contest, (x) any “act of god” or other force majeure event outside of Sponsor’s control that may cause any postponement or cancellation of any prize-related activity or interfere with, delay or prevent the provision of any prize, (y) undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user’s Internet service provider and/or e-mail client or for insufficient space in user’s e-mail account to receive e-mail or (z) any damage to any computer system resulting from participation in or accessing or downloading information in connection with the Contest.
- GENERAL RULES: Sponsor has the right, in its sole discretion, to modify these Official Rules (including without limitation by adjusting any of the dates and/or timeframes stipulated in these Official Rules) and to cancel, modify or suspend this Contest at any time in its discretion, including without limitation if a virus, bug, technical problem, entrant fraud or misconduct or other cause beyond the control of Sponsor corrupts the administration, integrity, security or proper operation of the Contest or if for any other reason Sponsor is not able to conduct the Contest as planned (including without limitation in the event the Contest is interfered with by any fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, federal, state or local law, order or regulation or court order) or in the event of any change to the terms governing the use of the Website or the application or interpretation of such terms. In the event of termination of the Contest, a notice will be posted on the Website and a random drawing will be conducted to award the prize from among all eligible entries received prior to the time of termination. Sponsor has the right, in its sole discretion, to disqualify or prohibit from participating in the Contest any individual who, in Sponsor’s discretion, Sponsor determines or believes (i) has tampered with the entry process or has undermined the legitimate operation of the Website or the Contest by cheating, hacking, deception or other unfair practices, (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrant or any representative of Sponsor or (iii) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR HAS THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY PERSON INVOLVED TO THE FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices, programs or methods to submit entries is prohibited and Sponsor has the right, in its sole discretion, to disqualify any entry that it believes may have been submitted using such an agent or automated device, program or method. In the event of a dispute regarding who submitted an entry, the entry will be deemed to have been submitted by the registered user of the e-mail account provided in connection with the entry. All federal, state and local laws and regulations apply. All entries become the property of Sponsor and will not be verified or returned. By participating in this Contest, each entrant agrees to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor.
- DISPUTES: By entering the Contest, each entrant agrees, to the maximum extent permitted by applicable law, that (a) any and all disputes, claims and causes of action arising out of or connected with the Contest or the provision, acceptance and/or use of any prize or prize component will be resolved individually, without resort to any form of class action (Note: Some jurisdictions do not allow restricting access to class actions. This provision will not apply to entrants who live in such a jurisdiction); (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys’ fees; (c) under no circumstances will any entrant be permitted to obtain any award for, and each entrant hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and (d) each entrant’s sole and exclusive remedy with respect to any and all disputes, claims, and causes of action arising out of or connected with the Contest will be an action at law for the recovery of monetary damages only, and in no event will the entrant have the right to enjoin or otherwise interfere with the exercise by the Licensees of any of the rights granted in these Official Rules or terminate or rescind any of the rights granted in these Official Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the respective rights and obligations of the entrants and Sponsor in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of New York. Any legal proceedings arising out of this Contest or relating to these Official Rules shall be instituted only in the federal or state courts located in New York County in the State of New York, waiving any right to trial by jury, and each entrant consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to any of the foregoing. In the event of any conflict between these Official Rules and any Contest information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail.
- WINNERS’ NAMES AND RULES REQUESTS: For the names of the winners, available after May 1 2021, or a copy of these Official Rules, send a self-addressed, stamped envelope to: “Eggo Morning Wins Contest” c/o Some Spider, Inc., 20 West 22nd Street, Suite 301, New York, NY 10010.
- SPONSOR: Some Spider, Inc., 20 West 22nd Street, Suite 301, New York, NY 10010.