QUAKER BRING YOUR BEST BOWL PROMOTION (“Promotion”) OFFICIAL RULES
THE FOLLOWING PROMOTION IS INTENDED FOR PLAY IN THE UNITED STATES AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS PROMOTION UNLESS YOU ARE ELIGIBLE AND A LEGAL RESIDENT OF THE UNITED STATES AT THE TIME OF ENTRY.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES, WHICH SHALL BE FINAL IN ALL RESPECTS.
1. PROMOTION OVERVIEW: Sponsor invites the entrants to share their idea to inspire a future flavor of Quaker® Instant Oatmeal. Entries will be judged to determine three (3) finalists. For each Entry (defined below), entrant will automatically receive one (1) entry into the random drawing for the week in which the Entry was submitted. Non-winning Entries will roll-over into the next weekly drawing.
2. ELIGIBILITY:The Promotion is open only to legal residents of any of the 50 United States, D.C. or Puerto Rico, who are 18 years of age or older at the time of entry. The following persons are not eligible to participate: employees, contractors, directors, and officers of The Quaker Oats Company (“Sponsor”), its parent, subsidiary and affiliated companies, participating retailers, distributors, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Promotion (collectively, “Promotion Parties”) and the immediate family members (spouse, parent, child, sibling, grandparent, and/or “step”) of each and those living in their same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Promotion).
3. PROMOTION TIMING:Entries (defined in Rule 4) must be received between 8:00:01 a.m. Central Time (“CT”) on December 15, 2015 and 11:59:59 p.m. CT on March 12, 2016 (“Promotion Entry Period”). For the random drawings only, the Promotion Entry Period is divided into thirteen (13) “Weekly Sweepstakes Periods” as set forth in the table below:
|WEEKLY SWEEPSTAKES PERIOD
||START DATE (all at 12:00:01 a.m. CT, except 12/15/15)
||END DATE (all at 11:59:59 p.m. CT)
The period in which the public may buy and try the different Finalists’ Flavors and vote for their favorite begins on or around 8:00:01 a.m. CT on October 24, 2016 and ends at 11:59:59 p.m. CT on November 19, 2016 (“Promotion Voting Period”). The Finalists’ Flavors will remain available for the public to try beyond the Promotion Voting Period, until on or around January 15, 2017. See Rules 8 and 9 for additional information on Finalist Flavors and Promotion Voting.
4. TO ENTER:During the Promotion Entry Period, the Sponsor invites participants to submit their ideas to inspire a future flavor of Quaker ® Instant Oatmeal. During the entry process, participants will be required to submit the following:
(i) Their flavor name (limited to 32 characters);
(ii) Up to 5 ingredients, minimum of 2 ingredients (not including the oatmeal product, water and/or milk);
(iii) The inspiration for the flavor (limited to 400 characters); and
(iv) Participant’s contact information, which may include first and last name, email address, phone number, birthdate and/or zip code (altogether, the “Entry”).
Participants may submit their Entry in any of the following manners:
(a) Online: Visit www.bringyourbestbowl.com (“Quaker’s Web site”) and follow the online instructions to complete and submit your Entry. If you login via Facebook Connect, you will not be required to enter your personal information.
(c) Twitter: To enter via Twitter, you will need a Twitter account available at https://twitter.com/ (“Twitter Web site”). There is no charge to sign up for Twitter. Throughout the Promotion Entry Period, Sponsor may promote this Promotion via one or more Tweets on the Twitter Web site @Quaker. Click to expand a Promotion Tweet to open an entry page and then follow instructions to complete and submit your Entry.
(d) Facebook: Visit www.facebook.com/Quaker (“Quaker’s Facebook Web site”) and follow the online instructions to complete and submit your Entry. You must be a registered member of Facebook and meet all the eligibility requirements. If you are not a registered member of Facebook, please visit http://www.facebook.com to register for a free account.
After submitting an Entry, the entrant will receive an email within 10 business days confirming whether or not it has been accepted.
The Quaker’s Web site, Retailer Web site, Twitter Web site, and Quaker’s Facebook Web site may hereinafter be referred to as the “Web site”.
From time to time during the Promotion, Sponsor may feature Entries on the Web site and/or in Sponsor’s social media pages and channels, in Sponsor’s sole discretion. Being selected as a featured Entry is unrelated to the Judging Criteria and does not guarantee selection as a Finalist in the Promotion nor does it entitle the featured entrants to any compensation or prize.
By participating, you are opting in to receive e-newsletters from the Sponsor. If you do not wish to continue receiving e-newsletters from the Sponsor, you may unsubscribe upon receiving your first e-newsletter.
5. ENTRY GUIDELINES:
- All Entries must be received and recorded within the Promotion Entry Period. The Sponsor’s computer is the official timekeeping device for this Promotion.
- You may enter as many different Entries into the Promotion as you like, as long as the same (or substantially similar) is not submitted more than once.
- Entries must be in English; however, they may include one or more familiar foreign words that have attained general acceptance and are commonly understood in the U.S. (e.g. “queso” or “fiesta”).
- Your flavor name must not be the same or substantially similar to an existing flavor of Quaker® Instant Oatmeal. For a list of existing Quaker® Instant Oatmeal flavors, visit quakeroats.com.
- Your flavor name must not infringe on any third party’s trademark, as determined by Sponsor in its sole discretion.
- Entries cannot defame, misrepresent or contain disparaging remarks about Sponsor or any of its products, or other people, products or companies or communicate messages inconsistent with the positive images and/or goodwill to which Sponsor associates in Sponsor’s sole discretion.
- Entries must be suitable for family audiences and for display and publication on national television, in the sole determination of Sponsor. Without limitation, Entries shall not contain any content that is or contains: unlawful behavior, profanity, explicit sexuality, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or is hatefully, racially, ethnically or otherwise offensive or objectionable.
Sponsor reserves the right to monitor or screen Entries prior to posting them to the Web site, in its sole discretion. By entering, you acknowledge that your Entry may be posted on the Web site, in Sponsor’s sole discretion. Sponsor has no obligation to use or post any Entry you submit. Sponsor shall have full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse, adapt and/or commercialize any or all portions of the Entries in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world. Entries that are not in accordance with the guidelines as stated herein or are not received during the Promotion Entry Period will be ineligible, in Sponsor’s sole discretion. The Sponsor is not responsible for late, lost, incomplete, misdirected, unintelligible or lost Entries. Use of any robotic, automatic, programmed of similar entry methods will void all Entries and result in disqualification. Any other form of Entry is void.
By submitting an Entry you warrant and represent that it: (a) is your original work; (b) has not been previously published; (c) has not received previous awards; (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (e) that publication 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 and Promotion Parties from any claims to the contrary. Any Entry that, in the sole opinion of Sponsor, is deemed to be inappropriate for publication is ineligible. Incomplete, illegible, false, deceptive or garbled Entries are not eligible.
In the event of an identity dispute, Entry will be considered made by the name appearing on the Entry. All Entries become the sole property of the Sponsor and will not be acknowledged or returned.
6. WEEKLY DRAWINGS: One (1) potential winner will be selected on or about each drawing date as set forth in the table in Rule 3. The Sponsor will conduct a random drawing for all eligible entries for that Weekly Sweepstakes Period.
7. PROMOTION JUDGING:Entries (consisting of flavor name, ingredients and inspiration/description) will be judged by a qualified panel of judges, selected by Sponsor, in its sole discretion, whose decisions are final and binding in all matters relating to this Promotion. Entries will be judged on the following criteria:
- 40% Original and creative;
- 30% Realistic execution and potential for delicious flavor of Quaker® Instant Oatmeal; and
- 30% Simple, straightforward and appeals to mass audience.
The top three (3) entrants whose Entries received the highest cumulative scores for all criteria awarded by the judges will be deemed the Finalists and will advance to the Promotion Voting Period. In case of a tie for a Finalist position, tied Entries will be broken by cumulative points awarded for “Original and Creative”. If tie continues, then tie(s) will be broken by the Entry with the highest cumulative point score for “Realistic execution and potential for delicious flavor of Quaker® Instant Oatmeal”, continuing thereafter to “Simple, straightforward and appeals to mass audience” until the tie is broken. Finalists will be announced on or around October 29, 2016.
8. FINALIST FLAVORS:The three (3) Finalist Flavors will be developed and produced as a limited time offering by Sponsor and offered for retail sale beginning on or around October 24, 2016. The Sponsor reserves the right to amend the Entry (including but not limited to modification of the proposed flavor name and/or the inclusion/omission of one or more of the suggested ingredient(s) in the product formulation) for the Finalist Flavors placed in market. Product and packaging specifications, formulations, manufacturing plant information, distribution and logistics detail, supplier information, margins and sale information for each Finalist Flavor remains Sponsor’s proprietary information. Finalists shall not be entitled to access to any of Sponsor’s proprietary information except to the extent Sponsor elects to share such information, and Sponsor may condition the sharing of any such information on the execution of a non-disclosure agreement by the Finalist, as determined solely by Sponsor. Sales and distribution of the Finalist Flavors by participating retailers cannot be guaranteed by the Sponsor. If existing inventories of Finalist Flavors are exhausted prior to the end of the Promotion Voting Period, Sponsor is not obligated to produce more of that Finalist Flavors. It is at the Sponsor’s sole discretion how much involvement or say the Finalists will have (if any) in the product development and/or production process and/or the creation or planning of the package design and/or any related promotional materials for his/her Finalist Flavor. Finalists may be asked to participate in promotional activities related to their Finalist Flavors. Sponsor reserves the right to re-launch any or all of the Finalist Flavors at any time after the Promotion.
9. PROMOTION VOTING:During the Promotion Voting Period, consumers will be able to vote for their favorite Finalist Entry via the Web site. At Sponsor’s discretion, additional voting platforms may be available, including, but not limited to Text Message and Social Platforms. Check the Web site before October 24, 2016 for additional information about how to vote for your favorite Entry (ies). Regardless of the number of voting platforms available; each person is limited to one (1) vote per day per platform. Any use of robotic, macro, automatic, programmed or like voting methods will void all such votes. Any attempt by a Finalist and/or his/her respective family/friends to vote more than the number of times authorized herein using multiple names, cellphone numbers and/or email addresses, paying or retaining third parties to create email accounts and/or phone numbers for the purposes of voting and/or any other fraudulent mechanism, as determined by Sponsor in its sole discretion, shall give Sponsor the right to disqualify such Finalist in its reasonable discretion. Any attempt by any person to fraudulently circumvent the voting restrictions in order to cast multiple votes will result in disqualification of all such votes received and may result in disqualification of the Finalist for whom the improper votes were received if the Sponsor determines that that Finalist was involved in any way in the perpetration of such fraud. At the end of the Promotion Voting Period, the top Finalist Entry receiving the highest number of votes will be declared the Grand Prize winner. In the event of a tie, Grand Prize winner will be determined by the Finalist’s Entry receiving the highest score (as originally judged) in “Original and Creative.” If tie continues, then tie(s) will be broken by the Entry with highest cumulative point score for “Realistic execution and potential for delicious flavor of Quaker® Instant Oatmeal”, continuing thereafter to “Simple, straightforward and appeals to mass audience” until the tie is broken. At the conclusion of the Promotion Voting Period, the Grand Prize Winner’s Finalist Flavor may be produced as a limited time offering by Sponsor and offered for retail sale beginning on or around February 20, 2017. Any or all Finalist Flavors may be brought back to market, re-named and/or reformulated by Sponsor at any time and/or any number of times, in Sponsor’s sole discretion. All Finalist product formulations and specifications are proprietary to Sponsor, and Finalists have no rights or claims in same.
10. PRIZE DETAILS:
Thirteen (13) Weekly Sweepstakes Prizes (awarded one (1) per Weekly Sweepstakes Period): Each Weekly Sweepstakes Prize winner will receive a $250 pre-paid debit card. Debit cards are subject to terms and conditions as set by issuer. Approximate Retail Value (“ARV”) of each Weekly Sweepstakes Prize: $250. Total ARV of all Weekly Sweepstakes Prizes is $3,250. Limit one (1) Weekly Sweepstakes Prize per person/email address/household. Odds of winning a Weekly Sweepstakes Prize depends on the number of eligible entries received for the corresponding week, including all roll-over entries. Sweepstakes Prizes will be mailed within 6-8 weeks of Sweepstakes winner verification; see Rule 13.
Finalist Prizes (2): Each Finalist Prize winner will receive Five Thousand Dollars ($5,000), awarded in the form of a check or wire transfer, payable to winner. ARV of each Finalist Prize: $5,000. Grand Prize winner is not eligible to receive a Finalist Prize.
Finalist Prize Payout Terms: Finalist Prizes will be awarded after the Grand Prize Winner has been identified and verified. Allow 6-8 weeks upon Grand Prize Winner verification for Finalist Prizes to be awarded.
Grand Prize (1): The Grand Prize winner will receive Two Hundred Fifty Thousand Dollars ($250,000). Awarded in the form of a check or wire transfer, payable to winner. ARV of Grand Prize: $250,000.
Under no circumstances shall acceptance of the Grand Prize be deemed to create a relationship of employment, joint venture or partnership as between the winner and Sponsor. Grand Prize winner shall not be entitled to any payments, benefits or entitlements beyond the prize as described above. Tax consequences, if any, resulting from the winner’s acceptance of the Grand Prize shall be the sole responsibility of the winner. The Grand Prize winner’s product and its formulation and specifications are proprietary to Sponsor and winner has no rights or claims in same.
Grand Prize Payout Terms: The Grand Prize will be awarded within 6-8 weeks of Grand Prize winner verification.
Total guaranteed ARV of the Finalist Prizes and Grand Prize is $260,000. Limit one (1) Finalist Prize per person/household. Finalists and Grand Prize winner are not entitled to any proceeds from Sponsor’s sale of the Finalist Flavors, or any adaptation thereof, now or in the future, in the U.S. or throughout the world. Sponsor shall determine in its sole discretion, whether and when to expand or discontinue the Grand Prize flavor or one or more of the Finalist Flavors after the Promotion. Finalist winners and Grand Prize winner may be asked to participate in promotional activities as a condition of accepting prize.
For all Prizes: Weekly Sweepstakes Prize winners, Finalist winners and Grand Prize winner (hereinafter, all prize level winners may be referred to as “Winner”) must accept prize as stated by Sponsor or prize will be forfeited and awarded to an alternate Winner. Prize is not transferable or redeemable for cash and prize substitution is not allowed, except at the sole discretion of the Sponsor who reserves the right to substitute prize of equal or greater value. Taxes, if any, on prize are the sole responsibility of the winner. If winner cannot accept prize as stated by Sponsor, prize will be forfeited.
11. LIMITATIONS OF LIABILITY AND RELEASE:No liability or responsibility is assumed by Sponsor or Promotion Parties resulting from entrant’s participation in or attempt to participate in the Promotion or ability or inability to upload or download any information in connection with the Promotion. No responsibility or liability is assumed by Sponsor or Promotion Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Promotion: Hardware or software errors; faulty computer, cable, satellite, network, electronic, Internet connectivity or other online or network communication problems; errors or limitations of any Internet service providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed or intercepted transmissions; inaccessibility of the Web site in whole or in part for any reason; traffic congestion on the Internet or the Web site; unauthorized human or non-human intervention of the operation of the Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Promotion, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Promotion. Sponsor and Promotion Parties are not responsible for any printing, typographical, technical, computer, network or human error which may occur in the administration of the Promotion, the uploading, the processing of votes or Entries, the judging of Entries, the announcement of the prizes or in any Promotion-related materials. Use of Web site is at user’s own risk. Sponsor and Promotion Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user’s or any other person’s computer or video equipment resulting from participation in the Promotion.
By participating in the Promotion, entrants (and their parent(s)/legal guardian(s) if entrants are minors) agree (a) to release Sponsor and the Promotion Parties from any and all claims, damages or liabilities arising from or relating to such entrant’s participation in the Promotion, including any claim that any future Sponsor product (Quaker’s brand or otherwise) is similar to, based upon, or infringes on the entrant’s Entry; (b) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. By accepting any prize, recipient (and recipient’s parent or legal guardian if recipient is a minor) (a) agrees that Sponsor and Promotion Parties, participating retailers, and all of their respective officers, directors, employees, representatives and agents, Facebook, Inc. and Twitter, Inc., will have no liability whatsoever for, and shall be held harmless by Winner against, any liability for injuries, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Promotion; from acceptance, possession, misuse or use of any prize and (b) grants (and agrees to confirm grant in writing promptly upon request) to Sponsor and those acting under Sponsor’s authority, and each of their respective designees the right to use his/her name, photograph, likeness, voice, image, statements, biographical information, and Entry (which may be altered, changed, modified, edited, used alone or with other works, as solely determined by Sponsor) at any time or times, for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide, including the Internet without review, notification or approval, and additional compensation or consideration, unless prohibited by law. Sponsor and Promotion Parties are not liable in the event that any portion of the Promotion is canceled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”).
12. GENERAL CONDITIONS:Winners are solely responsible for any taxes on the prize, and will receive an IRS Form 1099 for the ARV of the prize, if applicable. No substitution of prize is offered, except at the sole discretion of the Sponsor. No transfer of prize is permitted. Unclaimed prizes will not be awarded. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. If for any reason the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, and disqualify any individual who is responsible for such action. If terminated, Sponsor may, in its sole discretion, determine the Winners from among all eligible Entries received up to time of such action using the judging procedures outlined herein. This Promotion is offered only in the United States and all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of 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 for Cook County, Illinois.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE WEB SITE OR INTERFERE WITH THE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
13. FINALIST/WINNER NOTIFICATION:
Sweepstakes Prize Winners: Potential Sweepstakes Prize winners will be notified by email within five (5) business days of the applicable random drawing and will be required to respond to the notification (as stated within the notification) within ten (10) days.
Finalists: Potential finalists will be notified by phone and/or email on or about April 25, 2016 and will be required to respond to the notification (as stated within the notification) within seventy-two (72) hours indicating whether he/she can accept the finalist status. Finalists (or a Finalist’s parent/legal guardian if Finalist is a minor in the state of his/her residence) will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release within ten (10) days of finalist notification.
Grand Prize Winner: Potential Grand Prize winner (or Grand Prize winner’s parent/legal guardian if Grand Prize winner is a minor in the state of his/her residence) will be notified by phone and/or email within sixty (60) days of the conclusion of the Voting Period and may be required to complete, sign and return additional Releases or other documents as requested by Sponsor within ten (10) days of prize notification.
Applicable to Sweepstakes Winners; Finalists and Grand Prize Winner: Prizes won by an eligible participant who is a minor in his or her state of residence may be awarded to a minor’s parent or legal guardian. Sponsor is not responsible for any change in entrant’s email and/or telephone number. If attempted notification is returned as undeliverable or not responded to within the allotted time, if Finalist/Winner cannot be verified or if Finalist/Winner is otherwise unable to accept the Finalist status and/or the prize as stated, or if Finalist/Winner is otherwise disqualified, Finalist status and/or prize will be forfeited and may be awarded to an alternate entrant who will be selected, according to these Official Rules, from among all remaining eligible Entries.
Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. By accepting a prize, Winner agrees that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the Winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that Winner may now or later have to his/her Entry. Sponsor reserves the right to alter, change or modify the winning Entry, in whole or in part, in its sole discretion. Upon request of Sponsor, Winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
14. WINNER’S LIST:For the names of the Winners, send a self-addressed, stamped envelope to be received by March 31, 2017 to: Quaker Bring Your Best Bowl Promotion Winners’ List, 10 South 5th Street, 7th Floor, Dept 655-702, Minneapolis, MN 55402.
15 SPONSOR:The Quaker Oats Company. 555 West Monroe Street, Chicago, IL 60661
© 2015 The Quaker Oats Company
This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter. You understand that you are providing your information to Sponsor and not to Facebook or Twitter. Any questions, comments or complaints regarding this Promotion shall be directed to Sponsor and not to Facebook or Twitter.