#BeyondCereal Breakfast Essentials Contest Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
#BeyondCereal Breakfast Essentials Contest (“Contest”) is open 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 Quest Nutrition, LLC and other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies 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 federal, state, and local laws and regulations.
The Contest is sponsored by Quest Nutrition, LLC (“Sponsor”), located at 2221 Park Place, El Segundo, California 90245.
- Agreement to Official Rules
Participation in the Contest constitutes entrants’ full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein. Entrant acknowledges that there will be approximately 500 entries, if not more, and odds of winning are dependent on the amount of actual entries.
- Contest Period
The Contest begins on 12:00 AM PST on November 29, 2016 and ends 11:59 PM PST on December 13, 2016 (“Contest Period”). Entries that are submitted before or after the Contest Period will be disqualified.
- How to Enter
To enter the sweepstakes, using entrant’s Instagram or Twitter account, entrant must post a top-down (essential styles) photo of their breakfast, which includes at least one (1) Quest Beyond Cereal Protein bar, post using “#BeyondCereal” (“entry”).
After entrant has completed the entry steps, this will automatically give entrant an eligible entry in the sweepstakes.
Limit of one (1) entry per person. All entries become the property of Sponsor and will not be acknowledged or returned.
- Prize and Winner Selection
Three (3) prize winners will be announced.
Sponsor will select the winners based on the following judging criteria:
(i) Creativity (33.4%)
(ii) Presentation (33.3%)
(iii) Quality of artistic composition (33.3%).
The winners will be selected on December 14, 2016 by 12:00 PM PST.
- Winner Notification
The winners will be notified via message on either Instagram or Twitter on December 14, 2016 by 1:00 PM PST. Sponsor reserves the right to use additional means to contact winner, at its sole discretion. If a winner does not respond to notification from Sponsor as a winner by 5:00 PM PST on the following day of Sponsor’s notification, then the prize will be forfeited and an alternate winner will be selected based on the judging criteria from the remaining eligible entries. Winner may not substitute or transfer prizes. Quest reserves the right to substitute a prize of equal or greater value in the event a prize is unavailable. Prizes are not redeemable for cash. All taxes on prizes are winners’ responsibility.
Limit: One prize per household. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements.
Three (3) prize winners will receive the following prizes each month for one (1) year:
- One (1) box of Cinnamon Roll Beyond Cereal Protein Bars (approximate retail value $27);
- One (1) box of Waffle Beyond Cereal Protein Bars (approximate retail value $27); and
- One (1) box of Chocolate Beyond Cereal Protein Bars (approximate retail value $27).
A potential prize winner may be required to execute an Affidavit of Eligibility, a Liability Release, and a Publicity Release (collectively, “Prize Claim Documents”). Prize may be forfeited if the Prize winner: (i) cannot be reached; (ii) does not respond to the Notification within the time provided herein; or (iii) cannot accept or receive the Prize for any reason. Non-compliance with these Official Rules may result in disqualification.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any Prize furnished in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
- General Conditions
In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Contest and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorneys fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
Except where prohibited by law, entry constitutes permission to use entrant and winners’ names, hometown cities and states, voices, likenesses, entries for online posting, and/or any advertising and publicity in any form without additional compensation. Winners may also be required to sign and return a release of liability, declaration of eligibility and, where lawful, a publicity consent agreement, as conditions of receiving a prize. Failure to comply with the aforementioned conditions shall be grounds for forfeiture of a prize. In such a case, an alternate winner will be selected at random from the eligible entries.
- Release and Limitations of Liability
By participating in the Contest, entrants agree to forever and irrevocably release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the “Released Parties”) from and against any claim, cause of action, or proceeding arising out of participation in the Contest or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application the processing of entries application downloads or in any Contest-related materials; (f) ambiguity with respect to these Official Rules; or (g) any injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or acceptance, receipt, use or misuse of any prizes (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Contest, and in no event shall the entrant be entitled to receive attorneys fees. Released Parties 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. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE LOS ANGELES COUNTY, CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN LOS ANGELES COUNTY, CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR PROMOTION ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE PROMOTION PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
- Inquiries or Questions
Any inquiries or questions regarding this Contest, other than a request for the names of the winners, may be made by sending the inquiry or question with a self-addressed, stamped envelope to Quest Nutrition, LLC, 2221 Park Place, El Segundo, CA 90245 or an e-mail to [email protected] Requests for the names of the winners may be made by sending a self-addressed, stamped envelope to Quest Nutrition LLC, #BeyondCereal Breakfast Essentials Contest, 2221 Park Place, El Segundo, CA 90245 with a request for the names of the winners.