HERSHEY’S/ KIT KAT® “BREAKIE AWARDS” CONTEST
(“Contest") OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. CONTEST ENTRY PERIOD BEGINS ON OCTOBER 9, 2017 AT 10:00:00 AM ET AND ENDS ON NOVEMBER 8, 2017 AT 11:59:59 PM ET (THE “CONTEST ENTRY PERIOD”). CONTEST ONLY OPEN TO LEGAL RESIDENTS OF THE UNITED STATES RESIDING IN THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. VOID WHERE PROHIBITED.
1. HOW TO ENTER: NO PURCHASE NECESSARY TO PARTICIPATE IN CONTEST. The first step to enter this Contest is to create an original and creative rendition of the KIT KAT® jingle (“Jingle”) that complies with the Entry Requirements set forth in Section 2 below. After creating your original rendition of the Jingle, you may enter the Contest via the following three (3) methods of entry:
a. FACEBOOK: During the Contest Entry Period, log into your Facebook account (or create a free account if you do not already have one), and visit the KIT KAT® Facebook page at https://www.facebook.com/KitKatUSA/ (the “Website”). Then “LIKE” the KIT KAT® Facebook page, click on the KIT KAT® post regarding the Contest and comment with your original rendition of the KIT KAT® Jingle, or post your original rendition of the KIT KAT® Jingle to your own Facebook page with both #KitKatRemix and #ContestEntry to receive one (1) entry into the Contest (an “Entry”). See Section 2 below for Entry Requirements regarding your KIT KAT® Jingle. Your Entry must include the required hashtags to be eligible. Limit one (1) Entry per person/Facebook account via this entry method.
b. INSTAGRAM: During the Contest Entry Period, log into your Instagram account (or create a free account if you do not already have one), and visit the KIT KAT® Instagram page at https://www.instagram.com/kitkat_us/ (also the “Website”). Then “FOLLOW” the kit kat® Instagram page. Post your original rendition of the KIT KAT® Jingle to your Instagram page with both #KitKatRemix and #ContestEntry to receive one (1) entry into the Contest (also, an “Entry”). See Section 2 below for Entry Requirements regarding your KIT KAT® Jingle. Your Entry must include the required hashtags to be eligible. Limit one (1) Entry per person/Instagram account via this entry method.
c. TWITTER: During the Contest Entry Period, log into your Twitter account (or create a free account if you do not already have one), and visit the KIT KAT® Twitter page at https://twitter.com/KitKat_US (also the “Website”). Then “FOLLOW” the KIT KAT® Twitter page, and reply to the KIT KAT® Tweet regarding the Contest with your original rendition of the KIT KAT® Jingle using both #KitKatRemix and #ContestEntry to receive one (1) entry into the Contest (also, an “Entry”). See Section 2 below for Entry Requirements regarding your KIT KAT® Jingle. Your Entry must include the required hashtags to be eligible. Limit one (1) Entry per person/Twitter account via this entry method.
Limit one (1) Entry per person/social media account for each entry method for a total of three (3) Entries per person during the entire Contest Entry Period.
Entries must be received during the Contest Entry Period to be eligible to win. The computer of Anomaly New York (“Administrator”)is the official time keeping device for this Contest. Proof of posting an Entry does not constitute proof of delivery or receipt of Entry. Any attempt to submit more than the maximum number of Entries using multiple/different email addresses, social media accounts, identities or any other methods may void that entrant’s Entry. Entries generated by a robotic, programmed, script, macro or other automated means will be disqualified. No other forms of Entry are valid other than those set forth above. The Hershey Company (“Sponsor”) reserves the right to disqualify any Entry that it determines, in its sole discretion, is not in compliance with these Official Rules. By participating, entrants agree to these Official Rules, which are final and binding in all respects.
2. ENTRY REQUIREMENTS: BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITES, IN SPONSOR’S DISCRETION. Submission of an Entry, including the entrant’s Jingle, grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, adapt, edit, modify and publicly perform the Jingle in any way, in whole or in part, and to use the Jingle alone or in combination with other works, as solely determined by Sponsor, in commerce and trade and in any and all media now known or hereafter discovered, without limitation and without consideration to the entrant and without right of notice, review or approval of any such use of the Jingle. Sponsor reserves the right to, and may or may not, monitor/screen Entries prior to posting them to a Website. By entering, you acknowledge that Sponsor has no obligation to use or post an Entry you submit. Any Entry that is deemed by the Sponsor, in its sole discretion, to be offensive, immoral, obscene, profane, defamatory, not in keeping with the image of the Sponsor, or in violation of these Official Rules, including the Entry Requirements set forth in this Section 2, will be void. Each Entry:
b. must be uploaded in any audio or video format that is compatible with Facebook, Instagram, and Twitter, and must comply with the posting requirements set forth above and as posted on the Websites;
c. must be a minimum of 1 second, but no longer than 15 minutes in length;
d. must include the following song lyrics: "Give me a break, Give me a break, Break me off a piece of that Kit Kat bar!";
e. cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity or any materially dangerous activity;
f. cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
g. cannot be obscene or offensive, or endorse any form of hate or hate group;
h. cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
i. cannot infringe trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses;
j. cannot infringe copyrighted materials owned by others (including photographs, sculptures, paintings, and other work of art or images published on or in websites, television, movies or other media) without permission; Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant (except copyrighted materials owned by Sponsor) is grounds for disqualification from the Contest. Do not copy your favorite movie, book, or photograph or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your Entry and grant the rights herein granted to Sponsor;
k. cannot contain any background artwork unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in Entries must be created solely by the entrant or entrant must be the sole owner of all copyright interest therein;
l. cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
m. cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
n. cannot depict, and cannot itself, be in violation of any law.
ENTRIES POSTED TO THE WEBSITES WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligations to entrant. Sponsor reserves the right, in its reasonable discretion, to waive the Contest Entry Requirements set forth herein and during or upon 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 winner selection. Sponsor reserves the right to edit or modify any Entries as needed. By submitting your Entry, you agree that your Entry is gratuitous and made without restriction and will not place Sponsor under any obligation, that Sponsor is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the Entry without any additional compensation to entrant, and that your Entry conforms to the Entry Requirements set forth herein. Entrant acknowledges that, by acceptance of an Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than the entrant. By submitting an Entry, you warrant and represent that the Entry: (i) is your original work; (ii) has not been previously published; (iii) has not won previous awards; (iv) does not infringe upon the copyrights, trademarks, rights of privacy, publicity, or other intellectual property or other rights of any person or entity; (v) that you have obtained permission from a person whose name, likeness or voice is used in the Entry and (vi) that the publication or use of the Entry via various media including web posting, will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless, Sponsor, Promotion Parties (defined below in Section 5), Facebook, Inc., Twitter, Inc. and Instagram LLC (“Releasees”) from any claims to the contrary. Any entrant whose work includes the likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Entry, upon request, prior to award of prize.
3. PRIZES (10): There will be ten (10) prize winners, who will each receive a prize in this Contest (each a “Prize” and collectively, the “Prizes”). The Prize awarded to each of the ten Prize winners will consist of: (a) a vinyl record consisting of the ten Prize winners’ Jingles and (b) a gold painted Breakie Award trophy. The Approximate Retail Value (“ARV”) of each Prize is $40. The total ARV of all Prizes offered is $400. Limit one Prize per entrant/name/social media account, address and/or household. The ARV of the Prize is based on available information provided to Sponsor and the value of any prize awarded to a winner must be reported for tax purposes where required by law. The difference between any stated value and actual value will not be awarded to winner. Winner acknowledges that Sponsor and Promotion Parties have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any Prize, including, but not limited to, its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a Prize (if any) are subject to the respective manufacturers’ terms therefore, and winners agree to look solely to such manufacturers for any such warranty and/or guarantee. Odds of winning a Prize depend upon the number of eligible Entries received and the quality of the Entries. If a Prize offered becomes unavailable for any reason, Sponsor reserves the right to provide an alternate prize of equal or greater value. All Prize details are at Sponsor’s sole discretion. Unclaimed Prizes will not be awarded. Sponsor reserves the right to award additional nominal prizes randomly to non-winning Entries. Sponsor is under no obligation to award such additional prizes. The decision to award or not award additional prizes is in the Sponsor’s sole and absolute discretion. If Sponsor decides to award additional prizes, Sponsor will contact the winning entrants directly to notify the applicable entrant of any additional prize to be awarded. Sponsor is under no obligation to announce if additional prizes will or will not be awarded in this Contest.
4. JUDGING/SELECTION OF WINNERS: There will be ten (10) Prize winners selected from all the eligible Entries submitted during the Contest Entry Period. All eligible Entries will be judged after the end of the Contest Entry Period by a three-person judging panel appointed by the Sponsor qualified to review the Entries. The judging will be based on the following equally weighted criteria: (a) Relevancy; (b) Creativity; and (c) Uniqueness/Originality (“Judging Criteria”). Within seven days after the end of the Contest Entry Period, the judging panel will review each of the Entries submitted during the Contest Entry Period using the Judging Criteria to determine and announce the ten Prize winners of the Contest. In the event of a tie, the Entry from among all such tied Entries with the higher/highest score in the “Creativity” criterion will be considered the winner. All decisions by the judging panel are final and binding.
5. ELIGIBILITY: The Contest is open only to legal residents of the United States residing in the 50 United States or the District of Columbia, who are 18 years of age or older as of the date of entry. Employees, officers and directors of Sponsor, Administrator and all of their respective parents, subsidiaries, divisions, affiliates, suppliers, printers, distributors and advertising, promotional and judging agencies, (and their respective IRS dependents, immediate family members [parents, children, siblings and spouse]) and individuals residing in their same household (whether or not related) (collectively, “Sponsor and Promotion Parties”) are not eligible to participate or win.
7. WINNER NOTIFICATION: Potential winners will be notified via Direct Message on Facebook, Instagram or Twitter (as applicable based on the method of entry). It is each winner’s responsibility to timely set account settings to accept contacts by Sponsor and to timely check their account for such messages. Potential winners may be required to demonstrate ownership of the relevant social media account and/or Entry, in Sponsor’s sole discretion. Potential winners will be required to respond within three (3) days from the date of the first notification attempt. If any potential winner does not respond to the notification in the time period specified, is found to be ineligible or otherwise not in compliance with these Official Rules or any prize or prize notification is returned as undeliverable, the prize may be forfeited and an alternate winner may be selected in Sponsor’s sole discretion. Potential winners are subject to verification, including verification of age. Potential winners will be required to sign and return an Affidavit of Eligibility/Liability with (where lawful) a Publicity Release within fourteen (14) days of attempted winner notification as indicated by the date on the Affidavit. Failure to return any required documents within fourteen (14) days may result in prize forfeiture, and an alternate winner may be selected. If applicable, allow 8 weeks for delivery of prize following completion of notification process. Prizes will only be delivered to addresses within the United States.
8. CONDITIONS: All entrants, as a condition of entry into the Contest, agree to release Releasees from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses of any kind to persons including death or property which may be sustained directly or indirectly with the receipt, ownership, use or misuse of any prize awarded, or while preparing for, participating in or traveling to or from any prize-related activity or for any typographical or other error in these Official Rules or the announcement of offering of any prize. The winners shall bear all risk of loss or damage to their prize after it has been delivered. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize. Except for residents of Tennessee and where prohibited by law, winners grant, and agree to confirm this grant in writing if requested, to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known the winner’s name, address, voice, statement, picture or other likeness, without additional review, notification or compensation, for public relations, advertising and promotional purposes as may be determined by Sponsor.
9. LIMITATIONS OF LIABILITY: The Releasees assume no responsibility for: (a) lost, illegible, late, misdirected, delayed or incomplete, Entries, posts, Tweets, comments or emails; or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Websites, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, garbled, corrupted, scrambled, delayed, or misdirected transmissions, or computer hardware or software or telephone malfunctions, failures, or technical errors 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; and (b) any incorrect or inaccurate information, whether caused by Website users, or by any equipment or programming associated with or utilized in this Contest; 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 the Websites. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with Entry process or operation of Contest or Websites, to be acting in violation of the terms of the Websites or to be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Sponsor and Promotion Parties are not responsible for injury or damage to entrants’ or any other person’s computer related to or resulting from participating in this Contest or downloading or copying materials from or use of Websites. If, for any reason, Contest, in the sole opinion of Sponsor, 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 this Contest, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend Contest, and determine winner from all non-suspect, eligible Entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. In case of dispute, the authorized account holder of the Facebook, Twitter and/or Instagram account used to enter will be deemed to be the entrant, and must comply with these Official Rules. The authorized account holder is deemed to be the natural person who is assigned the particular social media account by the social media platform operator. Sponsor is not responsible for any change of social media account information, email address, mailing address and/or telephone number of entrants and it is solely the responsibility of the entrant to notify Sponsor in writing if the entrant changes his or her social media account, e-mail address, mailing address and/or telephone number during the Contest Entry Period.
CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITES OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
10. DISPUTE RESOLUTION: Except where prohibited, by participating, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant(s) and Sponsor, shall be governed by and construed exclusively in accordance with the laws of the Commonwealth of Pennsylvania without giving effect to any principles of conflicts of law of any jurisdiction and that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating, but in no event attorneys' fees; and (c) under no circumstances will any entrant be permitted to obtain awards for and hereby waives all rights to claim 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.
11. WINNERS’ LIST: For the first name, last initial, hometown and state of the Prize winners, mail in a self-addressed, first class-stamped envelope to: Anomaly New York, 536 Broadway, 11th Floor, New York NY 10012 by November 30, 2017.
12. ADMINISTRATOR: Anomaly New York, 536 Broadway, 11th Floor, New York NY 10012.
13. SPONSOR: The Hershey Company, 100 Crystal A Drive, Hershey, PA, https://www.hersheys.com/en_us/home.html.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter. Any questions, comments or complaints regarding this Contest should be directed to Sponsor and not to Facebook, Instagram or Twitter.