Cheez-It* Cheemes Promotion Terms
The Cheez-It* Cheemes Promotion (the “Promotion”) is in no way sponsored, endorsed or administered by, or associated with Facebook®, Twitter® or Instagram® (each, a “Social Platform”). Kellogg Canada Inc. (“Kellogg”) is running this Promotion.
- PROMOTION PERIOD: The Promotion begins on April 19th, 2021 and ends on December 31st, 2021, or when Coupons (as defined below) are depleted, whichever date is sooner (the “Promotion Period”).
- ELIGIBILITY: The Promotion is only open to residents of Canada who have reached the legal age of majority in their province or territory of residence at the time of participation.
- HOW TO PARTICIPATE: Create and share a unique Cheez-It* Cheeme (“Cheeme Creation”) by visiting www.cheemes.cheezit.ca (the “Website”) and using the Website Cheeme generator. To participate, you must have a valid Facebook, Twitter, or Instagram account. Once you have completed your Cheeme Creation using the Website’s Cheeme generator, click on the “Share” button (“Share”). The first 20,000 who Share will be eligible to redeem a coupon for a box of Cheez-It* crackers (191 g to 200 g) (the “Free Box Coupon”), and the remaining 60,000 who Share will be eligible to redeem a coupon for $1 off a box of Cheez-It* crackers (191 g to 200 g) (the “$1 Off Coupon”). The Free Box Coupon and $1 Off Coupon are referred to collectively as the “Coupon(s)”. To redeem a Coupon, you must Share your Cheeme Creation. You may Share your Cheeme Creation to multiple Social Platforms; however, each Cheeme Creation that you Share will only be eligible for one Coupon redemption, subject to the limits identified below.
- LIMITS: There is a limit of three (3) Coupon redemptions per participant per 14-day period from the date of first redemption during the Promotion Period, while supplies last. There is a total of 20,000 Free Box Coupons and 60,000 $1 Off Coupons available (for a total of 80,000 Coupons). If it is discovered by Kellogg (using any evidence or other information made available to or otherwise discovered by Kellogg) that any person has attempted to use multiple names, identities, email addresses, Facebook accounts, Instagram accounts, Twitter accounts, any automated, macro, script, robotic or other system(s) or program(s) and/or any other means not in keeping with Kellogg’s interpretation of the letter and/or spirit of these terms to participate in or to disrupt this Promotion, then he/she may be disqualified from the Promotion in the sole and absolute discretion of Kellogg.
- CHEEME CREATION REQUIREMENTS:
By sharing a Cheeme Creation to your Social Platform account, you agree that such Cheeme Creation complies with all terms and conditions stated in these terms and all applicable Facebook, Twitter or Instagram terms of service and rules. Employees, representatives and agents of Kellogg or any of its respective parent companies, subsidiaries, members, shareholders, directors, officers, affiliates, advertising/promotion agencies or any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfilment of the Promotion, together with Twitter, Inc., Facebook Inc. and Instagram LLC (collectively, the “Released Parties”) will bear no liability whatsoever regarding: (i) the use of your Cheeme Creation (or any component); (ii) participation in any Promotion-related activities; (iii) any use, collection, storage and disclosure of any personal information; and/or (iv) any redemption or use of Coupons. The Released Parties shall be held harmless by you in the event it is discovered that you have departed from or not otherwise fully complied with any of these rules and/or the applicable Social Platform rules. This release and indemnity shall continue in force following the termination of the Promotion and/or awarding of any Coupons.
Without limiting the generality of the requirements noted above, to be eligible for this Promotion, each Cheeme Creation must be unique and original (i.e. you cannot copy someone else’s Cheeme Creation in whole or in part, or re-post someone else’s Cheeme Creation). By participating in the Promotion, you warrant and represent that your Cheeme Creation:
is original to you and that you have obtained all necessary rights for the purposes: a) of sharing your Cheeme Creation for the purposes of this Promotion; and b) granting the license described in Section 8; does not violate any law, statute, ordinance or regulation; does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence; will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Kellogg); content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Kellogg; conduct or other activities in violation of these terms; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by Kellogg in its sole and absolute discretion.
- COUPON TERMS: Coupon will expire on January 31, 2022. Coupon cannot be exchanged for cash or otherwise, is not transferable or for resale and must be accepted as awarded without substitution. Coupon is redeemable in Canada only at any retail store selling the specified product. Provincial law may require the retailer to charge the applicable tax on the full value of the purchase(s) before the reduction in Coupon value. Coupon valid where it does not conflict with any applicable laws. One Coupon per purchase. Not valid in combination with any other offers.
- LICENSE: By participating in the Promotion and Sharing your Cheeme Creation(s), you agree to: (i) without limiting the Facebook, Twitter, or Instagram terms of service (as applicable), grant to Kellogg, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit, adapt, make available, combine with other visual elements and otherwise use your Cheeme Creation(s) (and each component thereof), in whole or in part, for any reason; (ii) waive all moral rights in and to your Cheeme Creation(s) (and each component thereof) in favour of Kellogg (and anyone authorized by Kellogg to use such Cheeme Creation(s)); and (iii) agree to release and hold harmless the Released Parties from and against any and all claims, damages, liabilities, costs, and expenses arising from use of your Cheeme Creation(s) (or any component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever.
- GENERAL CONDITIONS:
This Promotion is subject to all applicable federal, provincial and municipal laws. The decisions of Kellogg with respect to all aspects of this Promotion are final and binding on all participants. By participating in this Promotion, you are agreeing to be legally bound by the terms and conditions herein.
The Released Parties will not be liable for: (i) any failure of any website or any platform during the Promotion; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Cheeme Creation, and/or or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Promotion; (v) anyone being incorrectly and/or mistakenly identified as eligible for a Coupon; and/or (vi) any combination of the above.
To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these terms or the rights and obligations of participants, Kellogg or any of the other the Released Parties in connection with the Promotion will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these terms or relating to this Promotion.
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Instagram is a registered trademark of Instagram, Inc.
Twitter is a registered trademark of Twitter, Inc.
*Trademark of Kellogg Company used under licence by Kellogg Canada Inc.