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KIND Frozen Contest

Official Rules

 

NO PURCHASE NECESSARY TO ENTER OR WIN.

The KIND Frozen Contest (the “Contest”) begins on July 21, 2020 at 7:00:01 a.m. Eastern Standard Time (“EST”) and ends on July 28, 2020 at 6:59:59 p.m. EST (the “Contest Period”).

ELIGIBILITY: Contest is open only to legal residents of the forty-eight (48) contiguous United States (excluding residents of Alaska and Hawaii) who are eighteen (18) years of age or older at the time of entry. Employees of KIND LLC (the “Sponsor”), Mars Wrigley Confectionery US, LLC, and their respective parent companies, affiliates, subsidiaries, advertising, and fulfillment and marketing agencies (collectively, “Contest Entities”) and their immediate families (parent, child, sibling and spouse and their respective spouses, regardless of where they reside) and persons living in the same households as each of the foregoing (whether related or not) are not eligible to participate in the Contest or win a prize. Contest is subject to all applicable federal, state and local laws. Void in Alaska, Hawaii and where prohibited by law.

HOW TO ENTER: During the Contest Period, visit kindsnacks.com/kind-frozen-contest-entry (the “Website”) and follow the instructions to complete the entry form with your full name, zip code, email address, telephone number and date of birth and provide your answers to the questions: a) If you win, what would be the first question you would ask Antoni; b) What should the next KIND Frozen flavor be?; and c) Why do you deserve to win? (the answers to the questions shall collectively be referred to herein as the “Submission” and the Submission along with the completed entry form shall collectively be referred to herein as the “Entry”) and follow the on-screen instructions to submit your Entry.

All Entries submitted will be placed into one (1) of three (3) regions based on the entrant’s state of residence (each a “Region” and collectively, “Regions”) and one (1) prize will be available per Region. The Regions are as follows:

Region #

Included States

Region #1

Oregon, Washington, California

Region #2

Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, Vermont, New Jersey, New York, Delaware, Maryland

Region #3

Pennsylvania, Ohio, West Virginia, Virginia, North Carolina, South Carolina, Georgia, Florida, Kentucky, Tennessee, Alabama, Mississippi, Michigan, Indiana, Louisiana, Arkansas, Missouri, Illinois, Wisconsin, Minnesota, Iowa, Texas, Oklahoma, Kansas, Nebraska, South Dakota, North Dakota, Montana, Wyoming, Colorado, New Mexico, Arizona, Utah, Idaho, Nevada

 

Submission of erroneous or incomplete information will void the submitted Entry. Except as otherwise provided herein, Sponsor will not enter into any correspondence with an entrant regarding an Entry. Entries generated by script, macro or other automated means or by any means which subvert the Entry process are void. Limit one (1) Entry per person using only one email address throughout the Contest Period. You may only use one (1) email address to enter. Entries received from any person or email address in excess of the limitation above will be void.

REQUIREMENTS OF SUBMISSIONS. Submissions may not contain, as determined by Sponsor, in its sole discretion, any content that:

· is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
· promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
· is obscene or offensive; endorses any form of hate or hate group;
· appears to duplicate any other submitted entries;
· defames, misrepresents or contains disparaging remarks about other people or companies;
· contains any personal identification, such as personal names or e-mail addresses;
· contains copyrighted materials owned by others, without permission;
· contains materials embodying the names, likenesses, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
· communicates messages or images inconsistent with the positive images and/or good will to which Contest Entities wish to associate; and/or
· violates any law.

Submissions must be in English and the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Entry null and void. By submitting an Entry, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.

By submitting an Entry, entrant hereby grants permission for the Submission to be posted on kindsnacks.com/kind-frozen-contest-entry or other Sponsor websites and social media channels. Entrant agrees that Contest Entities are not responsible for any unauthorized use of entries by third parties. Contest Entities do not guarantee the posting of any Submission and may remove any posted Submission at any time. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. You are providing your information to the Sponsor, and not to Instagram.

JUDGING: All eligible Entries received throughout the Contest Period will be judged by representatives of Sponsor based on the following criteria:

• Creativity – was it a different / unique enough answer? (scale 1-10)
• Worthiness – does this entrant deserve the prize more than others based on past experience? (scale 1-10)
• Inclusion of Antoni – does this entrant include details about why they want to meet Antoni? (scale 1-10)
• Inclusion of delivery method – does this entrance include details about why they want to experience a hot air balloon, drone and/or trained bird? (scale 1-10)

The one (1) Entry from each Region with the highest scores will be a potential prize winner, subject to verification of eligibility and compliance with these Official Rules. In the event of a tie, an additional, “tie-breaking” judge will determine the potential prize winner(s) based on the criteria listed herein. Sponsor reserves the right to award fewer than three (3) prizes or not to award any prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries.

WINNER NOTIFICATION: Potential winners will be notified on or about July 30, 2020. Sponsor’s decisions are final and binding on all matters relating to this Contest. Potential winners will be notified by email and or telephone and must complete an Affidavit of Eligibility, Liability and (where imposing such condition is legal) and Publicity Release, which must be returned within five (5) days of date appearing on prize notification. Return of prize or prize notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact a potential winner within a reasonable time period or noncompliance with these Official Rules by any potential winner will result in disqualification and, at Sponsor’s sole discretion, the applicable prize may be awarded to a runner-up. Sponsor, in its sole discretion and time permitting, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected.

PRIZES:

One (1) Region #1 Prize is available consisting of one (1) box of KIND Frozen bars (six (6) count) delivered via trained bird and the opportunity to participate in a :15 minute one on one video call with Antoni Porowski.

One (1) Region #2 Prize is available consisting of one (1) box of KIND Frozen bars (six (6) count) delivered via hot air balloon and the opportunity to participate in a :15 minute one on one video call with Antoni Porowski.

One (1) Region #3 Prize is available consisting of one (1) box of KIND Frozen bars (six (6) count) delivered via drone and the opportunity to participate in a :15 minute one on one video call with Antoni Porowski.

The approximate retail value (“ARV”) of each Prize is $4.99. The ARV consists only of the value of the KIND Frozen bars.

 

Exact delivery time for each Prize shall take place at a date and time mutually agreeable between the Sponsor and each Prize winner but is currently anticipated to take place the week of August 10, 2020. Sponsor shall not be responsible should a prize delivery method noted in a prize description become unavailable or impractical for any reason and, in such case, shall have no obligation to a winner other than to provide the KIND Frozen bars. The video call may be recorded for publicity purposes. The video call will be scheduled at a date and time selected by the Sponsor in its sole discretion. Talent is subject to availability. If a winner is unable to participate in the video call on the date and time selected by the Sponsor or if the video call portion of the prize becomes unavailable or impractical for any reason, Sponsor, in its sole discretion reserve the right to cancel this portion of the prize with no further obligation to the winner(s). No prize substitution or redemption for cash except by Sponsor due to unavailability of prize for any reason and then for prize of equal or greater value, except as may be required by applicable law. No prize transfer except with Sponsor's permission, which may be granted or withheld in its sole discretion without liability of any kind.

GENERAL CONDITIONS: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to this Contest; (b) to release, discharge and hold harmless the Contest Entities from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Contest or any Contest-related activity or the acceptance, possession, use or misuse of any awarded prize; and (c) to the use of his/her name, photograph, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so.

LICENSE/USE OF ENTRIES: By submitting an Entry, and to the extent allowed by law, you grant the Sponsor and their designees a perpetual, worldwide, royalty-free, non-exclusive, sub licensable, unconditional and transferable license to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse your Submission, name, photo, and biographical material including, but not limited to, all materials submitted in connection with the Contest in any and all media, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to entrant or any third party.

MISCELLANEOUS: Contest Entities are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled entries or photos; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of entries, the announcement of the prizes, the incorrect uploading of any story, photo or video, or in any Contest-related materials. Contest Entities are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Contest Entities are not responsible for injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, or in the event the Contest is unable to run as planned for any other reason, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect entries received prior to action taken using the judging criteria outlined above. Should multiple users of the same e-mail account enter the Contest and a dispute arises regarding the identity of the entrant, the authorized account subscriber of said e-mail account at the time of entry will be considered the entrant as long as such person is otherwise eligible and in compliance with these Official Rules. “Authorized account subscriber” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization, which is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

CAUTION: ANY ACT OR ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, CONTEST ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW.

CHOICE OF LAW: Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or winners, Sponsor in connection with this 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 (whether of the state of New York or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the state of New York.

WINNERS LIST: To receive the list of winners of prizes, send a #10 self-addressed stamped envelope for receipt by August 31, 2020 to: KIND Frozen Contest, Winners List Request, 1372 Broadway, New York, NY, 10018.

SPONSOR: KIND LLC, 1372 Broadway, New York, NY, 10018.