20th Anniversary Consumer Promotion
By entering, Entrants agree to be bound by these Official Rules (available at http://bit.ly/KernelAtTheMovies.com) and the decisions of the Sponsor, which are final and binding. Please read these Rules carefully. If you do not agree to the Rules, you should not participate in the Promotion; submission of entry will constitute your acceptance of these Rules. Without limitation, Sponsor reserves the absolute right to modify these Official Rules, in whole or in part, at any time by posting revised Rules via the Sponsor’s website and/or Social Media Platform used to facilitate the Promotion (as described below).
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Internet access and applicable Social Media account are required to enter.
DISPUTE RESOLUTION NOTICE: BY ENTERING, YOU AGREE THAT DISPUTES BETWEEN YOU AND ANY PROMOTION ENTITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. See Disputes/Arbitration provision.
ELIGIBILITY: This Kernel Season’s 20th Anniversary Consumer Promotion (“Promotion”) is offered in the fifty United States, including D.C., to individuals 18 or older at time of entry (eligible “Entrant(s)”). Employees, officers and directors of Chicago Custom Foods, LLC (“Sponsor”), and its parent, subsidiary and affiliated companies, advertising and promotion agencies, participating theaters, and any other individuals/entities involved in the implementation and/or execution of the Promotion (collectively “Promotion Entities”) and the immediate family members (spouses and parents, partners, children and siblings and their spouses, including foster and step-relations regardless of where they live) or members of the same households (whether related or not) of such individuals are not eligible to enter. Void in where prohibited or restricted.
PROMOTION PERIOD: Begins on or about 12:00 am CT on October 1, 2019 and ends 11:59 pm CT on September 30, 2020 (“Promotion Period”). Sponsor reserves the right, without notice or prior approval, to modify or supersede these Official Rules in its reasonable discretion and in such event will post revised Official Rules on the Website, which will continue to govern all aspects of the Promotion going-forward and any subsequent Sweepstakes, as applicable. The Promotion, or any element thereof may be cancelled, postponed, modified or terminated due to exigencies of the circumstances in Sponsor’s sole and absolute discretion.
The Promotion consists of individual, separate weekly sweepstakes (each a “Sweepstakes”) during the Promotion Period, each of which begins at 12:00 am CT on Monday and ends at 11:59 pm CT on the following Sunday, with the exception of the first weekly Sweepstakes which will begin on a Tuesday, and the last weekly Sweepstakes which will end on a Wednesday (each is a Weekly “Entry Period”). Non-winning Entries do not carry over into subsequent weekly Sweepstakes drawings. The applicable time zone is Central Time. ENTRANTS ARE SOLELY RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS; SPONSOR DISCLAIMS ALL LIABILITY AND RESPONSIBILITY RELATING THERETO.
ENTRY DETAILS/HOW TO ENTER: In your Instagram (“Social Media Platform”) account, your privacy settings must be set to public and cannot be set to “off” or “private” in order to participate and receive Promotion and/or winner notifications. To enter, during the Promotion Period, visit a participating movie theatre lobby when Sponsor’s Kernel Season’s life-sized Kernel (the “Kernel”) is displayed, take your photograph with the Kernel, and post it to Instagram using the hashtag #KernelAtTheMoves #entry and tag @kernelseasons (“Entry”). Opportunity to enter is provided only at participating movie theaters where and when the Kernel is present. The Kernel must not be moved from its location, altered, distorted, mischaracterized, vandalized, mocked, or otherwise portrayed in an unfavorable light (in Sponsor’s sole determination), or else Entry will be disqualified. Limit one (1) Entry per person, per week. Each weekly Entry must be original and unique to a weekly Sweepstakes. The same photograph may not be reused or resubmitted into subsequent Sweepstakes; any Entry suspected of being repurposed will be void and Entrant may be disqualified from the Promotion.
Failure to follow all steps will void Entry. Once submitted, Entry cannot be modified, deleted or cancelled. Entries become the property of Sponsor and will not be returned. Promotion may be advertised via more than one Social Media Platform; however, entries will only be accepted on the Social Media Platform specified herein.
CONDITIONS OF ENTRY: Entries may only be submitted by a single registered Social Media account user; group or commercial submissions are not permissible. Multiple entrants are not permitted to share the same device, Social Media account, IP or email address. By entering, you agree to be contacted by Sponsor (and its authorized representatives) with communications and reminders relating to the Promotion and/or Sweepstakes you are entering. Sponsor has the right to verify Entries and/or Entrants’ eligibility and compliance with these Official Rules, and on the basis of the investigation, to disqualify any Entrant at any time during or after the Promotion Period. Without limiting the foregoing, Sponsor shall have the right at any time, where necessary, to undertake all action including, but not limited to, voiding/cancelling the Promotion, subject a winner to disqualification, prize forfeiture and/or immediate prize return (from a previously confirmed winner, if applicable) and/or require further information as is reasonable to protect itself or any one of the Promotion Entities against fraudulent or invalid claims, potential public scandal, ridicule, or disrepute in awarding a prize to any Entrant or winner. Incomplete, invalid, illegal, unsuitable, or otherwise non-compliant Entries (as determined in Sponsor’s sole and absolute discretion) will not be eligible. If, upon review, Sponsor (or its authorized representative) is unable to determine that an Entrant/Entry is compliant, or reasonably suspects that he/she/it is not compliant in whole or in part, the Entry as a whole (and Entrant) may be disqualified. Proof that you uploaded an Entry does not constitute proof or evidence that it was received within the Promotion Period or eligible for a Promotion. Entries submitted via any other Entry method, platform, portal, app than stated will not be accepted.
Entrants may not enter through an on-line sweepstakes club (paid or unpaid, or similar method), bots, robotic, repetitive, automatic, programmed or similar Entry methods or agents, with multiple or false identities, accounts, devices, e-mail and/or street addresses, nor shall Entrants use any other device or artifice to enter or participate. Any Entrant who is suspected of cheating, using fraudulent means, unauthorized Entry methods, attempting to participate multiple times, with multiple e-mail, accounts, and/or addresses under multiple or false identities, or engaging in or benefitting, directly or indirectly, from such artifice or artifice of any other kind, as determined in Sponsor’s sole and absolute discretion, will void all such Entries, and disqualify any Entrant suspected of using/benefitting from such methods. In the event of a dispute as to the identity of an online Entrant, the authorized account holder of the email address used in connection with the Social Media Account will be deemed to be the Entrant. Potential winners may be required to show proof of being the authorized account holder, or otherwise eligible. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
Promotion Entities assume no responsibility for: lost, late, delayed, incomplete, inaccurate, stolen, misdirected (including into spam/junk folders), ineligible or illegible Entries or other Promotion related communications (in whole or in part); damage or destruction to the Kernel, or its unavailability or inaccessibility in any theater; Website or Social Media Platform, computer/server, telephone, network, electronic, digital, wireless or Internet, hardware or software malfunctions, failures, connection problems, or unavailability; garbled, corrupt, or jumbled transmissions; browser incompatibility; service provider, Internet, Website, user, net inaccessibility or unavailability; congestion; technical errors; unauthorized human intervention; human errors; or the delayed, incorrect or inaccurate capture of Entry or other information, or failure to capture any such information. Entrants and the Entry and all elements thereof must comply with the requirements and all other terms in these Official Rules or will be disqualified.
SUBMISSION GUIDELINES: In order for your Entry to be eligible, your Entry MUST NOT do any of the following:
i. Promote alcohol, illegal drugs, tobacco, firearms/weapons, gambling (or the use of any of the foregoing);
ii. Promote activities that are illegal, dangerous, harmful, or unsafe, or contain, depict, condone, encourage or promote content that is (or is construed by Sponsor as being) obscene, reprehensible, repugnant, offensive, sexually inappropriate, overtly political or religious, discriminatory, defamatory (to persons, products or companies), racist, misogynistic, highly sensitive, violent, explicit, cruel, hateful, or otherwise unsuitable, as determined solely by Sponsor (in its sole and absolute discretion);
iii. With the exception of those appearing incidentally (i.e. in the background of the theater), must not contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind including, but not limited to clothing or food/drinks with visible brand names or logos without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
iv. With the exception of those appearing incidentally (i.e. in the background of the theater), must not contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, mobile, music, or other media) without permission;
v. Contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission (if a minor 13-18 years of age is featured in the picture, permission must be obtained from the person’s parent/legal guardian);
vi. Contain materials or other indicia identifying or depicting any minor under 13 years of age;
vii. Communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
By submitting an Entry, Entrants represent, warrant and covenant (and agree to release and indemnify Sponsor and Promotion Entities from same) that their Entry submitted and all content therein: (i) is the original creation of the Entrant and has not been copied in whole or in part from any other work, and is the sole and exclusive property of the Entrant (or Entrant has all ownership or licensed rights thereto and in any and all content); (ii) does not contain, depict, condone, encourage or promote the use of any prohibited content as reflected hereinabove; (iii) does not violate or infringe any laws including but not limited to copyright or trademark laws, or other proprietary, publicity, privacy or any other rights of any person, entity, or venue; (iv) does not refer to or contain in any respect information about an individual under the age of 13; and (v) owners of any depicted venues, or any individuals mentioned, featured in, or who have worked on the Entry, in whole or in part, in any manner have given Entrant their express written consent to submission to this Promotion and the use contemplated. If requested by Sponsor, Entrant shall provide evidence of the above in writing. Nothing herein shall be deemed an obligation of confidentiality.
By entering, entrants understand and agree that submitted eligible Entries may be subject to public viewing, streaming (i.e. “digital transmission”), downloading (i.e. “digital distribution”), and public comments, including but not limited to being forwarded, re-grammed, re-tweeted, and otherwise re-posted, for commercial and non-commercial purposes, throughout Sponsor’s and (unrelated) third parties’ digital and off-line social media, marketing and advertising properties. A delay may occur between uploading an Entry and availability into the public gallery, if any. If an Entry in whole or in part, for any reason whatsoever, garners comments that are unpleasant, distasteful, nasty or otherwise inappropriate for the Sponsor community, or if Sponsor considers for any reason an Entry, or any element thereof, not to be in the spirit of the Promotion, or will have a detrimental impact on Sponsor, this Promotion, any of Sponsor’s brands, products or services, or the Entry does not appear compliant with the respective Social Media Platform guidelines, then Sponsor reserves the right to disqualify such Entry/entrant and remove any/all such Entry/Entries immediately from the gallery (if any) and this Promotion.
YOUR USE OF A MOBILE DEVICE: If an Entrant is participating in the Promotion via a mobile device, message and data rates may apply. Entrant should consult his/her wireless service provider regarding its pricing plans. Participation may not be available on all mobile devices, as not all mobile devices or cellular telephone providers have the capabilities or carry the service necessary to participate in the stated methods of Entry. Consent is not a condition of purchase.
WEEKLY DRAWING/ODDS/WINNER NOTIFICATION: One (1) potential prize winner will be randomly selected by Sponsor (or its authorized representative) on or within approx. five (5) business days following the end of each weekly Entry Period, from among all eligible Entries received during the applicable weekly Sweepstakes. Odds of winning the weekly prize depend on the number of eligible Entries received for the Sweepstakes. It is anticipated that potential winner(s) will be either emailed or direct messaged via the Social Media Platform used to enter and asked to respond with their contact and mailing information for verification and prize fulfillment purposes. Potential prize winner(s) may be required to complete, sign, have witnessed and return a Declaration of Eligibility, Liability, and where lawful, Publicity Release within the time stated by Sponsor, or else prize may be forfeited and an alternate potential winner may be selected from remaining eligible Entries.
WEEKLY PRIZE (1 per Sweepstakes)/APPROXIMATE RETAIL VALUES (“ARV”): Prize award is subject to verification of eligibility and compliance with these Official Rules.
Weekly Prize (1): A 6-pack Kernel® Seasoning Kit (ARV: $15), and a Kernel Seasons T-shirt (ARV: $5). Weekly prize may vary but is anticipated to consist of Sponsor’s product and/or merchandise prizes of similar approximate retail value.
Prize delivery arrangements must be made in accordance with Sponsor’s instructions. Limit one (1) prize per person/household address during the entire Promotion. Prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor who reserves the right to substitute a prize of equal or greater value. Prize(s) will be awarded provided sufficient eligible Entries are received. Prize award is subject to verification and compliance; a prize will only be awarded to a verified and confirmed winner. Prize must be accepted in its entirety or will be forfeited. Only the number and description of prize(s) stated herein is available to be won. PRIZE, AND ANY ELEMENT THEREOF, INCLUDING ANY PRODUCTS, GIFT CARDS, OR TICKETS RECEIVED AS A PRIZE (IF ANY), MAY NOT BE SOLD, RESOLD, AUCTIONED, BARTERED, OR PLACED INTO ANY OTHER UNAUTHORIZED CHANNELS OF DISTRIBUTION. Any prize pictured in advertising or Promotion materials is for illustrative purposes only and may not be the actual prize awarded. All applicable local, state, and federal taxes, reporting obligations and all expenses not specifically stated herein are solely the responsibility of a U.S. winner, if applicable.
WITH THE EXCEPTION OF APPLICABLE MANUFACTURER’S WARRANTIES, PRIZES AND ANY AND ALL ELEMENTS THEREOF ARE 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, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES.
GENERAL: In the event of noncompliance, if an Entrant becomes noncompliant or ineligible during or after the Promotion Period, or a potential winner fails to respond within the time specified, declines the prize, or cannot be reached within one (1) attempt using the contact method selected by Sponsor (in Sponsor’s discretion), that prize will be forfeited and an alternate winner may be randomly selected for the applicable prize. After one unsuccessful attempt to verify an alternate winner for the prize, the respective prize will remain un-awarded; there will not be a second chance drawing. Prize or prize notifications that are un-awarded, unclaimed, returned, not timely responded to, untimely, misdirected (including into spam/junk folders), ignored, or undeliverable will be forfeited and will not be re-awarded.
PUBLICITY RELEASE & GRANT OF LICENSE FOR ENTRY: By entering and/or accepting a prize, entrants and winners: (i) Consent, where lawful, to the use by Sponsor, Promotion Entities (and their affiliates and authorized representatives) of their name, image, likeness, hometown, and biographical information (“Personal Attributes”), for marketing, business, commercial and any other purposes of Sponsor in all media now known or hereafter developed worldwide, and on the Internet and World Wide Web, including Sponsor’s and/or unrelated third-parties’ social media platforms and sites (“media”), without notice, review or approval and without additional compensation except where prohibited by law; and (ii) Grant to the Sponsor (and its affiliates and authorized representatives) a worldwide, royalty-free, and non-exclusive license to use, mention, commercially exploit, produce, reproduce, distribute, transmit, publish, publicly perform, publicly display, broadcast, exhibit and create a derivative work from (“use”), any Entry in whole or in part that entrant submits to this Promotion (including all information and Personal Attributes included therein) for marketing, business, commercial and any other purposes of Sponsor in any and all media, and further agree not to assert moral rights in/to the Entry.
LIMITATIONS OF LIABILITY/RELEASE: If, for any reason, the Promotion, or any element thereof is not capable of running as planned or by reason of causes which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion or any part thereof, Sponsor reserves the right in its discretion to cancel, terminate, modify or suspend the Promotion, or any element thereof and select the winner(s) (for the applicable prize) from eligible Entries received prior to the action or as otherwise may be deemed fair by Sponsor, in its absolute discretion. Persons suspected of tampering with or abusing any aspect of this Promotion or any website or Platform, as solely determined by the Sponsor, will be disqualified. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, PROMOTION ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Promotion Entities are not responsible for injury or damage to Entrants’ or to any other person’s computer or mobile device related to or resulting from participating in the Promotion or downloading materials from or use of any Social Media Platform.
Promotion Entities shall not be liable to any winner(s) or any other person or entity for failure to execute the Promotion or any part thereof, or supply a prize in whole or in part, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, event cancellation or interruption, or any similar or dissimilar event beyond their reasonable control. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENTRANTS AND WINNER(S) AGREE TO WAIVE, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS (“RELEASE”) SPONSOR AND ALL OTHER PROMOTION ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND DIVISIONS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, AND THE APPLICABLE SOCIAL MEDIA PLATFORM (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL THREATENED OR ACTUAL ACTIONS, LIABILITIES, CLAIMS, DEMANDS, LOSSES, LAWSUITS, JUDGMENTS, SETTLEMENTS, FINES, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHETHER OR NOT LITIGATION IS COMMENCED (“DISPUTES”) ARISING AT ANY TIME FROM THE PROMOTION AND ANY ELEMENT THEREOF; THE ENTRY (IN WHOLE OR IN PART); PARTICIPATION IN ANY PROMOTION AND/OR PRIZE-RELATED ACTIVITY, OR INABILITY TO RECEIVE OR PARTICIPATE IN, OR PARTS THEREOF; THE DELIVERY, ACCEPTANCE, USE, MIS-USE OF A PRIZE OR ANY ELEMENT THEREOF, OR ANY FAILURE WITH RESPECT THERETO BY ANY PERSON OR ENTITY; PERSONAL INJURIES INCLUDING DEATH, DAMAGE TO OR DESTRUCTION OF PROPERTY, VIOLATION OF ANY RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT (WHETHER INTENTIONAL OR UNINTENTIONAL), WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHER THEORY ARISING FROM OR RELATING DIRECTLY OR INDIRECTLY TO THE PROMOTION OR A PRIZE AND ANY ELEMENT THEREOF; ANY ACT, DEFAULT, OMISSION, NON-COMPLIANCE, AND/OR A VIOLATION OR BREACH OF ANY LAW OR AGREEMENT, REPRESENTATION, WARRANTY OR COVENANT MADE HEREIN, OR ANY OTHER AGREEMENTS BY/WITH ENTRANT, THE SPONSOR AND/OR ANY OTHER PROMOTION ENTITY OR RELEASED PARTY, OR ANY OTHER THIRD-PERSON OR ENTITY WHO MAY NOT BE A PARTY TO THESE RULES. To the maximum extent permitted by law, Entrants covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release. A waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision. Any invalid, illegal or unenforceable provision shall be deemed severed from these Official Rules only to the extent of its invalidity, illegality or unenforceability, and these Official Rules shall be construed and enforced as if they did not contain the stricken provision.
In no event will Sponsor be responsible or liable for any damages or losses of any kind, including INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES arising out of participation in the Promotion or any Promotion or prize-related activities, or any element thereof.
DISPUTES/ARBITRATION: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF ILLINOIS WITHOUT RESPECT TO CHOICE OF LAW OR CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, Entrants agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a neutral one-person arbitration panel located in Chicago, Illinois.
For prize winner(s) over $25, mail a Winner List Request & SASE to the Sponsor, referencing the applicable Promotion for which the request is submitted, for receipt on or within five working days from the end date of the applicable Promotion Period. Limit one (1) request per person/household address.
SPONSOR: Chicago Custom Foods, LLC, 2401 East Devon Ave, Elk Grove Village, IL 60007.