Kraft Mac ‘N Color Contest

Official Rules

 

 

1. Eligibility: Kraft Mac ‘N Color Contest (the “Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Kraft Heinz Foods Company, Crayola, LLC, HelloWorld, Inc., and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.    

 

2. Sponsor: Kraft Heinz Foods Company, 200 E. Randolph, Chicago, IL 60601. Administrator: HelloWorld, Inc., 3000 Town Center, Floor 21, Southfield, MI 48075.

 

3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.

 

4. Timing: The Contest begins on September 12, 2019 at 10:00 a.m. Eastern Time ("ET") and ends on October 22, 2019 at 11:59 p.m. ET (the "Contest Period"). Twitter’s and Instagram’s servers are the official time-keeping device for the Contest.

 

5. How to Enter:

To participate, you will need to have a Twitter or Instagram account (each a “Social Account”).  Creating each Social Account is free but is subject to the applicable terms and conditions (http://twitter.com/tos), or (http://instagram.com/about/legal/terms/#). Posting on Instagram requires a mobile device and therefore message and data rates may apply. If entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.  Your account settings on the Social Account you use to enter must be set to "unprotected" and/or "public" in order for your Tweets or posts are viewable by Sponsor. 

 

How to receive a Contest Entry: During the Contest Period, purchase a specially marked box of “Crayola" Kraft Macaroni & Cheese.  Ask your child/ward to color on the back of the box with any one dimensional medium:  crayons, markers, pencils, paint, may be used to create their personalized “Art Work”.  Your child may not add any three-dimensional objects to the back of the box.

 

Tweet or post a photo of the “Art Work” and include #KraftMacnColor #Contest within the original Instagram caption or Tweet. Instagram stories or Instagram posts where the hashtag is included in a comment to the original post will not be deemed entries.  NOTE:  If you are a winner, you will be asked for a high-resolution photo of your child’s Art Work.   

 

Your Submission need not include any reference, positive or negative, to Sponsor’s products. Positive references to Kraft Macaroni & Cheese will not impact the judging process and winner selection.

 

Content Restrictions: By posting your Submission, you agree that it conforms to the guidelines, permissions, and content restrictions below and that Sponsor, in its sole discretion, may disqualify you if it believes that it fails to conform.

                                                                                                                     

Guidelines: 

·       The Submission must meet the format and size requirements of the social platform used to enter;

·       The Submission’s Art Work must be created by child or ward of entrant; and

·       The Submission must contain #KraftMacnColor #Contest.

 

 

Content Restrictions:

·       The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;

·       The Submission must not contain content created by a third party (such as branded stickers);

·       The Submission must not contain brand names or trademarks other than those owned by Sponsor or Crayola LLC, which entrant has a limited license to use in his/her Submission in this Contest;

·       The Submission must not disparage Sponsor, Crayola LLC, or any other person or party;

·       The Submission must not contain material that is inappropriate, offensive, indecent, obscene, tortious, defamatory, slanderous or libelous;

·       The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and

·       The Submission must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any state where Submission is created.

 

Limit: Each entrant may Tweet or post up to five (5) Submissions during the Contest Period.  Each Submission must be unique and include artwork from a different child/ward. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. Multiple entrants are not permitted to share the same Social Account.  Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Social Accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified.  In the event of a dispute as to any registration, the authorized account holder of the Social Account used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses used to create the Social Account. Each potential winner may be required to show proof of being the applicable authorized account holder. Released Parties (as defined in Section 10, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed, or misdirected Submissions or failure to receive Submissions due to limitation of third-party social network platforms; all of which will be void. 

 

6. Sponsor's Use of Submissions: Posting a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. 

 

7. Winner Determination: After the Contest Period, a panel of qualified judges determined by Sponsor in its sole discretion will select the one hundred (100) entrants with the highest-scoring Submissions (the "Potential Winners") from among all eligible Submissions based on the following criteria (“Judging Criteria”):

 

·       The subject matter of the Submissions Art Work is original (40%);

·       The Submission’s Art Work is presented in a creative manner (30%); and

·       The Submission’s Art Work is colorful (includes multiple colors) (30%).

 

In the event of a tie, the entrant whose Submission received the highest score for The subject matter of the Submissions Art Work is original,” as determined by the qualified judges, in their sole discretion, will be deemed the applicable Finalist from among the tied entrants. Sponsor reserves the right to select fewer than ten (10) Potential Winners, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.  Sponsor will not disclose judging scores.

 

8. Winner Requirements: Potential winners will be notified by @KraftMacnCheese (Twitter) or @kraft_macandcheese (Instagram) and will be directed to an online registration page where they will be required to provide name, mailing address and date of birth to confirm eligibility and for prize fulfillment purposes within 3 days of the date notice or attempted notice is sent into order to claim the prize. Once this information is provided, winner will be asked to provide a high-resolution photograph (at least 2880 x 2160 pixel resolution with an and the aspect ratio is 4:3) that Sponsor can use to create the prize.  Winner will have 2 days to complete this requirement.  Failure to do so may result in forfeiture of the prize.  If a potential winner of any prize cannot be contacted or fails to provide the requested information within the required time period, the potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion. Only three (3) alternate winners may be determined, after which the prize will remain un-awarded. 

 

9. Prizes: ONE HUNDRED (100) GRAND PRIZES: Winner will receive three (3) personalized boxes of Kraft Macaroni & Cheese that includes their child’s Art Work on the back. Sponsor notes that due to manufacturing limitations, there may be some differences between the high-resolution photo of the Art Work and the image added on the box.  Approximate Retail Value of each prize: $20.

 

Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use.  Limit: One (1) prize per person. Prizes will be fulfilled 8 – 10 weeks after the end of the Contest.  

 

10. Release: By receipt of any prize, each winner agrees to release and hold harmless the Sponsor, Crayola LLC, Twitter, Inc., Instagram LLC, Administrator, and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.  

 

11. Publicity Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, Submission, including winner’s Twitter/Instagram profile photo, Submission, and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. 

 

12. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

 

13. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submission.

 

14. Disputes: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.

 

15. Entrant's Personal Information: Information collected from entrants is subject to Sponsor’s Privacy Policy http://www.kraftheinzcompany.com/privacy.html and Administrator’s Privacy Policy http://www.helloworld.com/privacy-policy.

 

16.  Winner List: For a winner list, visit http://bit.ly/2lEKeiB. The winner list will be posted after winner confirmation is complete.

 

© 2019 HelloWorld, Inc.  All rights reserved.

 

This promotion is in no way sponsored, endorsed or administered by, or associated with, Twitter, Inc./Instagram, LLC.