ACTION FOR HEALTHY KIDS LIGHTS, CAMERA, BREAKFAST VIDEO CONTEST OFFICIAL RULES

Transcription

1 ACTION FOR HEALTHY KIDS LIGHTS, CAMERA, BREAKFAST VIDEO CONTEST OFFICIAL RULES NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. Eligibility: The Action For Healthy Kids Lights, Camera, Breakfast Video Contest ( Contest ) is open only to state accredited schools (Kindergarten 12 th Grade) located in the 50 United States/D.C. that offer an alternative breakfast program as part of their National School Breakfast Program, e.g. breakfast in the classroom, grab-and-go breakfast, second chance breakfast, etc., and that has 40% or more of the student population eligible for free/reduced-price meals ( Eligible School ). To enter on behalf of an Eligible School, you must be a legal resident of the 50 United States or the District of Columbia ( D.C. ) and be 21 years of age or older. Employees, officers and directors of Action For Healthy Kids ( Sponsor ), Kellogg Company Fund, Kellogg Company, Promotion Activators Management, LLC ( Administrator ), their respective parent companies, subsidiaries, affiliated companies, sales representatives, advertising, sales promotion and judging agencies, webmasters/suppliers, and their respective immediate family members (spouse, parents, siblings, children) or household members (whether or not related) are NOT eligible to participate in the Contest by entering on behalf of an Eligible School. By entering you agree to these Official Rules. The Contest is void outside the 50 United States/D.C. and where prohibited. Contest Entry Period: Contest Entry Period begins 12:00:00 a.m. Central Time ( CT ) on October 8, 2015 and ends 11:59:59 p.m. CT on January 8, 2016 ( Contest Entry Period ). Administrator s computer is the official time keeping device for the Contest. Assignment: Create a video of no more than one (1) minute that demonstrates an alternative school breakfast model at an Eligible School ( Video ). The Video should depict students eating breakfast at the school and should include at least one of the following individuals: principal, teacher, food service personnel or parent. Video may not exceed one (1) minute in length and any audio must be in English. Video must be in compliance with the Entry Requirements outlined below and the YouTube Terms of Service and Community Guidelines. How to Enter: During the Contest Entry Period, go to ("Website") and follow the on-screen directions to complete an entry form and submit a YouTube link to your Video (herein Entry ) on behalf of an Eligible School. Please Note: entrants who submit a potential winning Entry will be required to obtain a liability/publicity release from any identifiable person appearing in their Entry. If such person is a minor in his/her state of residence, minor s parent or legal guardian must execute the liability/publicity release on minor s behalf. Entries must be received by 11:59:59 a.m. CT on January 8, Proof of submission does not constitute proof of receipt. Limit one Entry per school Submission of an Entry grants Sponsor, Kellogg Company Fund, Kellogg Company, and their respective agents the right to publish, use, adapt, edit and/or modify the Entry in any way, in any and all media, including for the use in advertising and marketing, without limitation, and without additional consideration to you. Entry may be posted across any or all of Sponsor and Kellogg Company Fund and Kellogg Company s digital and social media assets, at Sponsor and Kellogg Company Fund and Kellogg Company s sole discretion. No robotic, programmed, script, macro or other automated entries (collectively automated entries ). Automated entries, or, multiple entries by the same person/ address, or entries that have been tampered with will result in disqualification of all such entries. Personal information collected is subject to the Sponsor's privacy policy at

2 and Kellogg Company s privacy policy at Only the Eligible School on whose behalf the entry is submitted (and identified during the entry process) may be entitled to a prize. This Contest is not sponsored, endorsed or administered by YouTube. Entry Requirements: You may only enter an original Entry (Video) to which you own all legal rights. Entry must be suitable for presentation in a public forum, in the sole discretion of Sponsor; Entry may not include any intellectual property of third parties, including copyrighted material (including but not limited to music, food product labels/packaging, branded products) or other third-party trademarks; Entry cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity; Entry cannot promote illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message (in the sole opinion of the Sponsor); Entry cannot be obscene or offensive, endorse any form of hate or hate group; Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor, Kellogg Company Fund, Kellogg Company, or their products, or other people, products or companies; Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and Entry cannot depict, and cannot itself, be in violation of any law. By submitting an Entry, entrant warrants and represents that such Entry is his/her original creation (a modification of an existing work does not qualify as original), entrant is the sole copyright owner of the Entry that the Entry is true and verifiable, that the Entry has not been previously broadcast, submitted to or entered in any competition or won any awards, and that his/her Entry does not violate any law, regulation or any right of any third-party, including, without limitation, the publicity, intellectual property or privacy of any person, living or deceased, or otherwise infringe upon any person s personal or proprietary right. 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. 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. Upon request by Sponsor, Entrant agrees to assist Sponsor with obtaining a publicity release from any identifiable person appearing in the Entry (or their parent/legal guardian if the person is a minor). Except where prohibited by law, each entrant acknowledges and agrees that the Sponsor does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to entrant s Entry. Winners will be disclosed in winner s lists and Released Parties (defined below) are not liable for any misuse of such winner s lists by third parties. Released Parties are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entries. Entrants agree that they will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks, without the express consent of the Sponsor in each instance. Any Entry that does not comply with these requirements, in the opinion of the judges or the Sponsor, may be disqualified. Sponsor reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. Sponsor reserves the right, in its reasonable discretion, during or upon

3 completion of the Contest Entry Period, to request that any entrant resubmit his or her Entry which fails to comply with the Contest entry requirements prior to judging. Judging: Entries will be judged by a panel of judges appointed by Sponsor based on the following criteria: (i) creativity (25%); (ii) overall quality of submission (25%); (iii) best demonstration of alternative breakfast (25%); and (iv) connection to School Nutrition Association s (SNA) 2016 National School Breakfast Week theme of Wake Up to School Breakfast (25%). The Entry receiving the highest score will be deemed the Grand Prize winner (subject to verification). The two (2) Entries receiving the next highest scores will be deemed First Prize winners (subject to verification). The seven (7) Entries receiving the next highest scores will be deemed Second Prize winners (subject to verification). In the event of a tie by the judges, the Entries involved in the tie will be re-judged by an additional judge who will serve as a tiebreaker and who will evaluate tied Entries according to the criteria listed above. The decisions of the judges will be final and binding on all matters relating to the Contest. Sponsor reserves the right, in its sole discretion, to select fewer than ten (10) winners if it does not receive a sufficient number of eligible and qualified entries.. Prizes: One (1) Grand Prize: The Eligible School on whose behalf the Grand Prize winning Entry was submitted will receive a $5,000 grant from Action for Healthy Kids intended to be used to support the Eligible School s breakfast program and/or health and wellness programs. Two (2) First Prizes: The Eligible Schools on whose behalf a First Prize winning Entry was submitted will each receive a $1,000 grant from Action for Healthy Kids intended to be used to support the Eligible Schools breakfast programs. Seven (7) Second Prizes: The Eligible Schools on whose behalf a Second Prize winning Entry was submitted will each receive a $200 grant from Action for Healthy Kids intended to be used to support the Eligible Schools breakfast programs. Total value of all prizes funded by the Kellogg Company Fund: $8,400. Prizes are non-transferable. Prize Award Procedures: Representative of the potential winning Eligible Schools will be notified by the Administrator on or about January 29, 2016 and will be required to execute and return a liability/publicity release within 10 days of request. The persons who submitted the potential winning Entries will be notified by the Administrator on or about January 29, 2016 and will be required to execute and return an affidavit of eligibility and a publicity release as a condition of the prize being awarded to the Eligible School. Additionally, the entrants who submitted a potential winning Entry will be required to obtain a liability/publicity release from any identifiable person appearing in their Entry. If such person is a minor in his/her state of residence, minor s parent or legal guardian must execute the liability/publicity release on minor s behalf. Failure to comply will result in disqualification and selection of an alternate school. If any prize or prize-related communication is returned as undeliverable, prize will be forfeited. Sponsor is not responsible for any change of mailing address, address, and/or telephone number of entrants. Any unclaimed or undeliverable prize may not be awarded. By accepting a prize, Eligible School agrees to the use of its name, location, trademarks, logos, and photographs of the Eligible School, in any and all media now or hereafter known, worldwide and on the Internet and in perpetuity by Sponsor and their respective designees without compensation or additional consents from such Eligible School or its authorized representatives or any third party and without prior notice, approval or inspection, and to execute specific consent to use if asked to do so. General Conditions: By entering, entrants agree (a) to release Sponsor, Kellogg Company Fund, Kellogg Company, Administrator, and their respective parents, affiliates, subsidiaries, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents ( Released Parties ) from any and all liability, for any damages, injuries or losses of any kind to person(s), including death, or property,

4 arising directly or indirectly from his/her participation in the Contest or any Contest-related activity; and (b) to grant (and to confirm such grant in writing promptly upon request) to Sponsor and those acting under Sponsor s authority the right to the use of his/her name, photograph, likeness, voice, image, statements and biographical information at any time or times for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide and on the World Wide Web, without review, notification, approval or additional compensation, unless prohibited by law. All taxes on prizes, if any, are solely the responsibility of the winning Eligible Schools. All federal, state, and local laws and regulations apply. By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, will be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts in Chicago, IL. Limitations of Liability: Neither Sponsor, Kellogg Company Fund, Kellogg Company, nor Administrator nor their respective agencies are responsible for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, or cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information. Neither Sponsor, Kellogg Company Fund, Kellogg Company, nor Administrator nor their respective agencies are responsible for any incorrect or inaccurate information, whether caused by Website users, or by any equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of Website. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds may be tampering with the entry process or operation of the Contest or Website, may be acting in violation of the terms of the Website or these Official Rules or may be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Neither Sponsor nor its agencies are responsible for injury or damage to entrant s or any other person s computer related to or resulting from participating in the Contest or downloading or copying materials from or use of Website. If, for any reason, the Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, or if due to any technical, production or other error, more prizes are claimed or awarded than are described in these Official Rules, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest, and to select winners based on judging criteria set forth above from all eligible, non-suspect Entries received prior to such termination using the judging procedure set forth above. In the event of any such termination, cancellation or suspension, a notice will be posted on No more than the number of prizes stated in these Official Rules will be awarded. Any attempt to deliberately damage any website or undermine the legitimate operation of the Contest is unlawful and subject to legal action by Sponsor or its agents. IN NO EVENT WILL SPONSOR, KELLOGG COMPANY FUND, KELLOGG COMPANY, ADMINISTRATOR, THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR

5 OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS CONTEST, INCLUDING ENTRANTS ACCESS TO AND USE OF THE WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEBSITE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. Winners List: For the names of the winners, available after March 7, 2016, send a selfaddressed stamped envelope with proper postage affixed to: Action for Healthy Kids Video Contest, 5550 W Touhy Ave, Suite 403, Skokie, IL Requests must be received by March 31, Winners List will be sent after all winners have been verified. Sponsor: Action for Healthy Kids, 600 West Van Buren St, Ste 720, Chicago, IL Administrator: Promotion Activators Management, LLC, 5550 W Touhy Ave, Suite 403, Skokie, IL