Harris Teeter Description
Harris Teeter Description
PRINGLES™ / HARRIS TEETER BATTLE OF THE CANS CONTEST
NO PURCHASE NECESSARY
CONTEST DESCRIPTION: The Pringles™ / Harris Teeter Battle of the Cans Contest (the “Contest”) begins on 8/31/16 at 12:00:00 AM Eastern Time (“ET”) and ends on 11/1/16 at 11:59:59 PM (ET) (the “Contest Period”).
The Contest provides eligible entrants with the opportunity to upload a video featuring the entrant and other members of his/her high school band (a “Band”) performing with a homemade drum kit (the “Video”) which may be made up of Pringles® cans, as more fully set forth below. Videos do not need to include actual Pringles product(s) to be eligible. Eligible Videos will be judged by representatives of Kellogg Company (“Sponsor”). At the conclusion of the Contest Period, one (1) winning Video will be selected as the winner; and the High School Band Boosters of the high school associated with the winning Video will receive a $1,000 donation, subject to verification of eligibility and compliance with these Official Rules. No prize will be awarded to the entrant submitting the winning Video.
By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects.
2. ELIGIBILITY: Contest is open only to legal residents of the states of Delaware, Georgia, North Carolina, South Carolina, Maryland, Virginia and the District of Columbia who are thirteen (13) years of age or older. Eligible entrants who are under the legal age of majority in their state of primary residence (a “minor”) must obtain their parent or legal guardian’s permission to participate in the Contest. Employees, officers and directors of Kellogg Company, Harris Teeter Supermarkets, Inc. and each their respective parent companies, subsidiaries, affiliates, advertising, promotion and other agencies (collectively, the “Contest Entities”), and their immediate family members and/or those living in the same household of each are not eligible to participate. Void where prohibited by law. All federal, state, and local laws and regulations apply.
3. HOW IT WORKS:
There are two (2) ways to enter the Contest:
Go to battleofthecans.com/harristeeter (the “Website”) and follow the on-screen instructions to complete the entry form in its entirety, upload your Video, and submit your entry.
Limit one (1) entry per person per day during the Contest Period. For purposes of these Official Rules, a “day” is defined as any twenty-four (24) hour period during the Contest Period beginning at 12:00:00 AM (ET) and ending at 11:59:59 PM (ET). Each Band participating in the Contest must designate an individual member of the Band to act as the entrant and such Band member must be in compliance with these Official Rules on behalf of him/herself and on behalf of all members of his/her Band. All Band members must be affiliated with the same high school.
Each entry (including the Video) must meet the following “Entry Requirements” (any entry that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified):
Entrant must have a non-private social media account, as applicable; social media accounts can be obtained for free at the respective social media site or in the applicable app store;
Entrant must be the rightful owner of the Video or must have the rights, title and interest necessary to utilize the Video for the Contest in compliance with these Official Rules;
Entrant must be the rightful owner of the social media account associated with the entry, if applicable;
Video must NOT contain any material that infringes or violates any right of a third party including copyright, patent, trademark, trade secret or other proprietary rights, other than those belonging to Sponsor. For example, Video should NOT contain sports team logos, celebrities, names or logos of businesses (other than Sponsor’s), music or lyrics, or clips from television shows or movies;
For Band Videos, Entrant must have the consent of all other members of the Band featured in the Video (or the parent/legal guardians of all minor Band members) to submit the Video for purposes of this Contest;
Video must NOT contain subject matter which is, or could be considered, in the sole discretion of the Contest Entities, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), defamatory, libelous, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., illegal gambling, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, hateful, degrading, harassing, or otherwise unlawful, tortious or objectionable;
Video must NOT contain any content that is protected by copyright (without the express prior written consent of the owner of such right), including any music that is not entirely original to and owned by the entrant or include any recognizable locations or include names and/or descriptions of any copyrighted media production, including, without limitation, films, books, television programming, etc., or identifying descriptions of any media property; and
Video must NOT contain any derogatory references to any of the Contest Entities.
Note: Sponsor reserves the right, in its sole discretion, to disqualify any entry in the Contest if Sponsor views the Video as potentially infringing or otherwise a violation or potential violation of a third party’s rights or if it deems the Video to be lacking in taste, quality, or to be otherwise objectionable.
Entrants understand that they are sharing their Videos at their sole risk. Sponsor is not responsible for any claims arising from the Video, specifically including, but not limited to, claims for intellectual property infringement and privacy rights violations, as well as violations of any social media accounts’ terms of service.
By entering the Contest, each entrant acknowledges and agrees that: (a) Sponsor is granting entrants a limited, non-exclusive license to use Sponsor’s name, product, trademarks and logos (collectively, “Sponsor IP”) in connection with, and solely as a part of, the Contest, (b) entrants shall have no right, title or interest in the Sponsor IP, and (c) any use of the Sponsor IP other than as permitted by these Official Rules may constitute copyright infringement.
Proof of submission is not considered proof of delivery to or receipt of such entry. Furthermore, Sponsor shall have no liability for any entry that is lost, intercepted or not received by the Sponsor.
4. CONTEST JUDGING: Throughout the Contest Period, representatives of Sponsor will judge all approved entries based on the following equally weighted judging criteria: originality/creativity; involvement/engagement/use of the Pringles® brand in the Video; and mass appeal of Video. The judging of entries will be conducted under the supervision of Sponsor whose decisions are final and binding in all respects relating to selections. Select Videos may be showcased on the Website during the Contest Period. Being selected as a featured Video has no bearing on the ultimate outcome of the Contest.
5. WINNER SELECTION AND NOTIFICATION: At the conclusion of the Contest Period, the one (1) Band Video with the highest score in the Contest Judging will be determined as a potential Band winner. The potential winner will be notified via direct message (or other applicable form of contact) via the social media site used for entry or via the email address provided on or about 11/15/16 with instructions on how to verify eligibility and claim the prize. If, despite reasonable efforts, a potential winner does not respond within five (5) days of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected based on the judging results. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with judging criteria noted above, after which the prize in question may go unawarded if it remains unclaimed. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. Any potential prize winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If winner fails or refuses to sign and return all Prize Claim Documents within five (5) days after prize notification (or a shorter time if required by exigencies), winner may be disqualified and an alternate winner may be selected. Additional, for Band winners, all members of the winning Bands (or, in the case of a minor Band member, such minor Band member’s parent/legal guardian) must sign and return a Publicity/Liability Release prior to being declared as a Band prize winner.
6. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each entrant (and, in the case of a minor entrant, his/her parent/legal guardian on his/her behalf) represents and warrants as follows: (i) the Video is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Video is wholly original with the entrant; and (iii) the Video does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant (and, in the case of a minor entrant, his/her parent/legal guardian on his/her behalf) hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
7. GRANT OF RIGHTS: Each entrant into the Contest (and, in the case of a minor entrant, his/her parent/legal guardian on his/her behalf) hereby irrevocably grants to Sponsor, its designees, affiliates, successors and assigns, the non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display the Video in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol in perpetuity and throughout the universe for advertising, marketing, publicity and promotional purposes in connection with the Contest and other promotions. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Video for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein.
8. PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in or winner of the Contest, each entrant (and, in the case of a minor entrant, his/her parent/legal guardian on his/her behalf) irrevocably grants the Contest Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, and biographical information in any and all media for any purpose, including without limitation, advertising and promotional purposes and hereby releases the Contest Entities from any liability with respect thereto.
One (1) Band Prize is available. The Band Prize consists of a $1,000 donation made to the High School Band / Band Boosters identified in the entry of the winning Video.
10. GENERAL LIABILITY RELEASE: By participating in the Contest, each entrant (and, in the case of a minor entrant, his/her parent/legal guardian on his/her behalf) agrees that the Contest Entities (i) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or in any Contest related activity, or from entrant’s acceptance, receipt, possession and/or use or misuse of any prize, and (ii) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize and specifically disclaim all such warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. The Contest Entities assume no responsibility for any damage to an entrant’s or any other person’s computer system which is occasioned by participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, web sites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of the prize or in any prize notification documents, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. If, for any reason, the Contest is not capable of running as planned, including, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right in its sole discretion to cancel, terminate, modify, suspend or extend the Contest and, in the event of any termination or cancellation, select winners from among all eligible, non-suspect entries received prior to the termination or cancellation. Any attempt by an entrant or any other individual to deliberately undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person in connection with the Contest, is in violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to disqualify the applicable individual and seek damages and other remedies from any such person to the fullest extent permitted by law. If any provisions of these Official Rules are determined to be invalid or unenforceable, these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained herein.
11. NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Video, or to otherwise exploit any Video or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the any Video for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
12. FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments or certificates of engagement for the Video or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant (and, in the case of a minor entrant, his/her parent/legal guardian on his/her behalf) agrees to sign the same upon Sponsor’s request therefor.
13. Governing Law/Jurisdiction: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF MICHIGAN WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
15. WINNER’S LIST: For name of winner, send a self-addressed, stamped envelope by 2/1/17 to: Pringles™ / Harris Teeter Battle of the Cans Contest, Attn: Winner’s List, P.O. Box 1716, Battle Creek, MI 49016-1716. Winner’s list to be available after 12/1/16.
16. SPONSOR: Kellogg Company, One Kellogg Square, Battle Creek, MI 49016.
®,™, © 2016 Kellogg NA Co.
This Contest is in no way sponsored, endorsed or administered by, or associated with INSTAGRAM OR TWITTER. instagram AND twitter ARE completely released of all liability by each entrant in this Contest.
PRINGLES™ BATTLE OF THE COLLEGE BANDS CONTEST
Voting Terms & Conditions
DESCRIPTION: The Pringles™ Battle of the College Bands Contest (the “Contest") is a public voting contest wherein members of the general public will be invited to vote on their favorite of the two (2) featured college drumlines (each, a “Band” and collectively, the “Bands”) as pre-selected by representatives of Kellogg Company (“Sponsor”), as described herein.
HOW IT WORKS: Beginning 8/30/16 at 12:00:00 AM Eastern Time (“ET”) through 9/21/16 at 11:59:59 PM (ET) (the “Voting Period”) short videos for each Band will be posted on BattleOfTheCans.com/GameDayGreats and BattleOfTheCans.com/HarrisTeeter (collectively, the “Websites”). To place a vote in the Contest, eligible individuals must be legal United States residents who are thirteen (13) years of age or older.
By participating in the Contest, each voter unconditionally accepts and agrees to comply with and abide by these official terms & conditions (“Terms”) and the decisions of Sponsor, which shall be final and binding in all respects.
To place your vote, during the Voting Period, go to either of the Websites and follow the on-screen instructions to locate the Contest page. At the Contest page, you will have the opportunity to review each Band’s video and to place your vote for your favorite. Limit one (1) vote per person per day during the Voting Period. For purposes of these Terms, a Day is defined as any twenty-four (24) hour period during the Voting Period beginning at 12:00:00 AM (ET) and ending at 11:59:59 PM (ET).
Any suspected or deliberate attempt to manipulate, or otherwise fraudulently tamper with the voting process, may result in disqualification of the voter and/or the participating high school, at the Sponsor’s sole discretion.
Fraudulent tampering includes but is not limited to:
Offering any type of inducement or compensation (monetarily or otherwise) to any third party, in exchange for a vote or the promise to vote;
Using a vote exchange or brokering website/application to exchange votes in an attempt to manipulate the outcome of the voting;
Votes generated by a macro, script, bot or other fraudulent means in an attempt to manipulate the outcome voting; and
Use of proxy voting.
In the event of suspected fraudulent activity, the Sponsor may disqualify a voter. If the suspected fraudulent activity does not warrant disqualification of a voter, Sponsor will determine the winner based on non-suspect votes, if possible. If voting results are corrupted to a point that a winner cannot be determined, Sponsor reserves the right to evaluate the Bands to determine the winner, at its sole discretion.
On or about 9/26/16, the Band that receives the most votes during the Voting Period will receive a $2,500 donation from the Sponsor and a pallet drop of Pringles® products (728 cans) with an approximate retail value (“ARV”) of $1,216.
The $2,500 donation must be used to fund band, academic or athletic program(s) at the receiving school. The winning school must notify Sponsor or its designee in writing of the intended use for the donation, projected number of students who will benefit from the donation per the terms of their agreement. Upon receipt of this notification, Sponsor will provide the donation check to the winning school. Failure to provide notification will result in forfeiture of the donation
GENERAL TERMS AND CONDITIONS: By participating, each voter agrees that the Sponsor, its parent, affiliates, divisions, subsidiaries, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, contractors, advertising and promotion agencies, agents and representatives (collectively, the “Released Parties”) are not responsible or liable for, and shall be released and held harmless from: (i) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, human error, or difficulties of any kind; (ii) any condition caused by events beyond the control of the Sponsor that may cause the Contest to be disrupted or corrupted; (iii) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Contest; and (iv) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Voting Period. Sponsor reserve the right, in its sole discretion, to adjust times and dates reflected in these Terms at any time and/or to suspend or cancel the Voting Period at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Voting Period and/or Contest. If the Voting Period and/or Contest are terminated before the designated end date, Sponsor will (if possible) select the winner from all eligible, non-suspect votes received as of the date of the event giving rise to the termination. Sponsor reserve the right, at its sole discretion, to prohibit any voter from participating in the Voting Period or to disqualify any individual it finds to be tampering with the process, voting or the operation of the Contest; to be attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of the these Terms; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any participant. Sponsor may suspend or discontinue the Contest if, in its sole opinion, there is any actual or suspected tampering of the Contest, or any other malfunction, event or activity that may affect the integrity of the Contest. SPONSOR SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF CHEATING, IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS CONTEST. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
SPONSOR: Kellogg Company, One Kellogg Square, Battle Creek, MI 49016.
®,™, © 2016 Pringles, LLC.
Start:August 19, 2016 @ 11:00 am (US/Eastern)
End:November 02, 2016 @ 12:00 am (US/Eastern)
Start:August 19, 2016 @ 11:00 am (US/Eastern)
End:November 02, 2016 @ 12:00 am (US/Eastern)
You must be at least 13 years old to enter
Harris Teeter Prizes