Official Rules:

Kernel Season's® Make Every Moment Pop Contest

KERNEL SEASON'S® MAKE EVERYMOMENT POP CONTEST

OFFICIAL RULES


NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN A PRIZE. APURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. 


BY SUBMITTING AN ENTRY TO THIS CONTEST DURING THE CONTEST PERIOD, YOUAGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. SO READ THEMCAREFULLY BEFORE ENTERING. AMONG OTHER THINGS, THIS CONTRACTINCLUDES INDEMNITIES FROM YOU TO THE RELEASED ENTITIES AND A LIMITATIONOF YOUR RIGHTS AND REMEDIES.


 ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIESRECEIVED. THE CONTEST IS ONLY OPEN TO LEGAL RESIDENTS OF THE FIFTY (50)UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OROLDER. VOID WHERE PROHIBITED BY LAW OR RESTRICTED BY LAW.


 CONTEST PERIOD: The KernelSeason’s® Make Every Moment Pop Contest (the “Contest”) begins at12:01 AM US Eastern Standard Time (“EST”) on July 29, 2022, and ends at11:59 PM EST on September 2, 2022 (the “Contest Period”). The computerclock of the Administrator is the official time-keeping device in the Contest. Byparticipating, participant (“Participant”) agrees to be bound by theseOfficial Rules and the decisions ofSauer Brands,Inc., (the “Sponsor”), which are binding and final on matters relatingto this Contest.

 

ELIGIBILITY: Contest is open only to legal residentsof the fifty (50) United States and District of Columbia (NOT includingresidents of Puerto Rico or other U.S. Territories), who are at least eighteen(18) years of age or the age of majority in their state of primary residence(whichever is older) at time of entry (the “Participants”, or “Participant”).Employees, officers and representatives of the Sponsor, SouthernMade Services, LLC (the “Administrator”), and each of their respectiveparents, affiliates, subsidiaries andweb-design, advertising, marketing, fulfillment, judging and promotion agencies,or other agency involved in the administration, development, fulfillment andexecution of this Contest, and their immediate family members, asdefined below, of each, and those persons living in the same households,whether or not related, are not eligible to participate in the Contest.Immediate Family Members" shall mean parents,step-parents, children, step-children, siblings, step-siblings, or spouses, andtheir respective spouses. "Household Members" shall meanpeople who share the same residence at least three (3) months a year. Winning aPrize is contingent on fulfilling all requirements in these Official Rules. Allfederal, state and local laws and regulations apply. Void where prohibited orrestricted. All Social Media Entries are the property of the Sponsor.

 

HOW TO PARTICIPATE:  Duringthe Contest Period, follow these steps:

 

1.   Create or log in toyour TikTok and/or Instagram account.

2.   Createan original video using the #MakeEveryMomentPopSound on TikTok and/or Instagram that is at least fifteen (15) secondsand no longer than one (1) minute in length that shows the Participantmimicking the dance that has been created and posted on TikTok and Instagram byCost n’ Mayor and mentions Kernel Season’s® brand. The video willalso be included at the top of the landing page at https://sauers.com/pages/kernel_contest.

3.   Add a text overlay toyour video that tags @KernelSeasons and clearly states at the beginning of yourvideo that the video is an entry in the Kernel Season’s® Make EveryMoment Pop Contest.

4.   Post video in Englishvia TikTok and/or Instagram by August 12, 2022. Instagram stories do not qualify. 

5.   Visit https://sauers.com/pages/kernel_contest(hereafter, the “Website”) andfollow the instructions to complete the online entry form including a link tothe hosted TikTok and/or Instagram video. Upload the same video on the Website to receive one (1) Contest Entry (“Entry”,or “Entries”) by August 12, 2022.

 

Qualifying Entries will beaggregated and may be published on https://sauers.com/pages/kernel_contest. Sponsor may also publish Entries on Sponsor’s Social Media Platforms, in email newsletters, and/or anyother Sponsor marketing media.

 

ENTRY REQUIREMENTS: To participate you will need a TikTok (“TikTok) and/or Instagram(“Instagram”) account. Creating a TikTok and/or Instagram account is free but is subject toits Terms of Service and Privacy Policy. Posting on TikTok and/or Instagram requires amobile device and therefore message and data rates may apply.  To enter the Contest, you must have aTikTok and/or Instagram account. You may obtain an account for free by visitingwww.tiktok.comand/orwww.instagram.comandfollowing their instructions on how to create a profile and/or download the TikTok and/or Instagram application toyour mobile device and follow the prompts to create a profile from your mobiledevice. Please note that you must agree to comply with the TikTok and/orInstagram Terms of Use in order to create a TikTok and/or Instagram account. Participant’s TikTok and/or Instagram account settings must be public during ContestPeriod and until all prizes are awarded. Your account settings must remain publicduring the Contest Period and until the prizes are awarded orcorresponding entries may be disqualifiedand ineligible for consideration in the Contest.  You must not change your TikTok and/or Instagram handle during the ContestPeriod and until the prizes are awarded. If you choose to submit via TikTok and/or Instagram on your web-enabled mobiledevice, data rates may apply. See your wireless service provider for details onrates and capabilities.

 

This Contest is in no way sponsored,endorsed, administered by, or associated with the social media platforms wherecontent may be posted or shared (TikTok or Instagram collectively “SocialMedia Platforms”).

 

VIDEOS must be NOLONGER THAN ONE (1) MINUTE IN length. VIDEOS LONGER than ONE (1) MINUTE inlength will be disqualified.Videosmust be submitted in MP4 or MOV format.  Video must not exceed 15MB in size. Alleligible Entries received by Sponsor may be posted on the Website for publicviewing. Participant understand and agree that all posted Entries will beformatted, edited or otherwise converted in order to be viewable on Sponsor’svideo player on the Website.  Sponsorreserves the right to remove any posted Entry from the Website at any time andfor any reason.

 

Once an Entry is submitted, it cannot be modifiedin any manner by Participant. Limitof one (1) Entry per person using only one (1) email address per day.Once an Entry is submitted, it cannot be modifiedin any manner by Participant. EachEntry received from any person or email address in excess of the above statedlimitation will be deemed void. Duplicate entries that are not unique will bevoid.  For purposes of this Contest, a “day”begins at 12:00:00 AM EST and ends at 11:59:59 PM EST.  Each Entry will be deemed to have beensubmitted by one (1) Participant, regardless of the number of people who mightappear in or otherwise help create an Entry. In the event of any dispute concerning the identity of any Participant,the Entry will be deemed submitted by the natural person who is the authorizedholder of the transmitting user account. Sponsor’s computer is the official time keeping device forthe Contest. Entries generated by script, macro or otherautomated means and Entries by any means which subvert the entry process, inthe sole discretion of Sponsor, are void. Sharing “Entry(ies)” on socialchannels will not increase your chance(s) of winning. 

 

By submitting an Entry, each Participant acknowledges and agreesthat Sponsor may obtain many Entries in connection with this Contest and/orother Promotions staged and/or sponsored by the Sponsor, and that such Entriesmay be similar or identical in theme, idea, format or other respects to otherEntries submitted in connection with this Contest and/or other Promotionssponsored by the Sponsor or submitted for other reasons or other materialsdeveloped by the Sponsor.  Participantwaives any and all claims Participant may have had, may have, and/or may havein the future, that any Entry and/or other works accepted, reviewed and/or usedby the Sponsor (or its respective designees) may be similar to his/her Entry,or that any compensation is due to Participant in connection with such Entry orother works used by Sponsor.

 

By submitting an Entry, each Participant agrees to grant Sponsorand its assignees the use of Participant’s name, biographical information,voice, performance, photograph, video, image and/or likeness for programming, advertising, publicity andpromotional purposes in any and all media, now or hereafter known, worldwideand on the Internet, and in perpetuity by Sponsor and its assignees, withoutcompensation (except to the extent prohibited by law) or additional consentsand without prior notice, approval or inspection, and to execute specificwritten consent to such use if asked to do so. In addition, if any other persons appear in a video or photo or any partof an Entry, Participant agrees that prior to submitting the Entry, Participanthas obtained the written consent of each such person who appears, grantingSponsor and its assignees the use of each person’s name, biographical information,voice, performance, photograph/video, image and/or likeness for programming,advertising, publicity and promotional purposes in any and all media, now orhereafter known, worldwide and on the Internet, and in perpetuity by Sponsorand its assignees, without compensation (except to the extent prohibited bylaw) or additional consents and without prior notice, approval or inspection,and to execute specific written consent to such use if asked to do so.  Sponsor reserves the right to request proofof these permissions in a form acceptable to Sponsor from any Participant atany time. Failure to provide such proof, if requested, may result indisqualification, at Sponsor’s sole discretion. 

 

·        Participant may not contract with, orpay for, any outside consulting firm, agency, or other service for anyassistance or guidance in the creation of the Entry.

·        The Entry must consist solely of theoriginal creation of the Participant.

·        The Entry must be in English

·        The Entry must be no more than 15 MB and1 minute long

·        Participant must be the author of all ofthe content presented in the video. 

·        The Entry must not have been previouslypublished in any medium (excluding any social media site) or submitted in anyother competition. 

·        Except for the use of the #MakeEveryMomentPopSound, the Submission must be your original work.

·        The Participant can use sponsor’s name,logo, and product in their Entry

·        The Participant represents and warrantsthat the Entry is suitable for display or publication

o   it does not containmaterial that is inappropriate, indecent, lewd, pornographic, obscene, hateful,tortious, defamatory, slanderous or libelous

o   it does not include orreference anyone other than Participant unless Participant has writtenpermission (and can provide evidence of such permission at Sponsor’s requestand satisfaction) from such person. Minors under the age of 13 years of agemust not appear or be referenced. If a minor 13 to 17 years old appears in the video,he/she/they must have that minor’s parent’s/legal guardian’s express writtenapproval.

o   it does not contain anydefamatory statements

o   it does not containmaterial that violates or infringes another’s rights, including but not limitedto privacy, publicity or intellectual property rights, including copyrightinfringement when used as provided for in these Official Rules

o   it does not containwords or symbols that are widely considered offensive to or hateful towardsindividuals of a certain race, ethnicity, religion, gender, sexual orientationor socioeconomic group

o   it does not includethreats to any person, place, business or group

o   it does not contain anyreferences to alcohol, controlled substances (including lawful marijuana use)or other unlawful activities

o   it does not depict orencourage dangerous or illegal activities

o   it does not invade theprivacy or other rights of any person, firm or entity

o   it does not containtrademarks, logos, clothing logos or trade dress (such as distinctive packagingor building exteriors/interiors) owned by third parties other than appropriateSponsor’s products or services (as referenced above)

o   it does not contain anythird person’s personal information, such as personal names or e-mail addresses

o   it does not containmaterials owned by third parties (including photographs, sculptures, paintings,and other works of art or images published on or in websites, television, moviesor other media)

o   it does not containcontent, music, images, or videos not created by Participant

o   it does not containmaterials embodying the names, likenesses, voices, or performances identifyingany celebrities and/or other public or private figures, living or dead or thenames, likenesses, voices, or performances of any individual other thanParticipant without their permission

o   it does not communicatemessages or images inconsistent with Sponsor’s reputation, image and/orgoodwill

o   it does not disparagePromotion Entities, or any other person or party affiliated with the Promotionand administration of this Promotion

o   it does not make falsestatements about Sponsor’s products or those of its competitors

o   it does not containmaterial that is in violation of or contrary to the laws or regulations in anyof the 50 United States or DC.

o   It does not violate anylaw or regulation; or is otherwise inappropriate, objectionable, or unsuitablefor the uses contemplated in these Official Rules, as determined by Sponsor inits sole discretion.

 

AllEntries will be reviewed for content before being judged; however, such reviewdoes not relieve the Participant from responsibility for compliance with all ofthese Official Rules.  Entries that donot comply with these Official Rules or that otherwise contain prohibited, orinappropriate contents as determined by Sponsor, in its sole discretion, willbe disqualified and will not be considered for any prize.  Sponsor in its sole and absolute discretion,makes the final determination as to which Entries are eligible to take part inthis Contest and be considered for a prize.

 

Any andall information provided in connection with this Contest is subject to the Sponsor'sPrivacy Policy available at https://sauerbrandsinc.com/privacy-policy/ 

 

By entering in the Contest, Participantshereby agree that the Sponsor may collect and use their personal informationsubmitted with their Entry in accordance with Sponsor’s Privacy Policy.

 

MOBILE DEVICES:  If you participatevia a smartphone or other mobile device, message and data rates mayapply.  Not all cellular service providers offer the service necessary toparticipate in this Contest through a mobile device. Please check with yourprovider for specific capabilities, charges and pricing plans.



JUDGING, FINALIST VERIFICATION,AND WINNER SELECTION: Entries will be judged by apanel of experienced marketing and advertising professionals.

 

Phase 1:All eligible Entries received by Sponsor willbe judged by panel based on the following criteria (the “Judging Criteria”):

 

1.    Choreography – TheEntry uses the same choreography as the original video posted on TikTok by Cost n’ Mayor (50%)

2.    Personalization– The Entry incorporates the dance choreography in a unique and personalizedway (20%),

3.    CreativePopcorn Incorporation – The Entry incorporates popcorn in a creative and funway (10%),

4.    Celebration– The Entry has a high level of excitement and intensity and is conveyed in amanner which celebrates how the Participant “Makes Every Moment Pop” (20%)

 

Subject to verification of eligibility and compliance with theseOfficial Rules, five (5) Contest Entrieswith the highest overall scores will be deemedfinalists (“Finalist Entries”) and will advance toPhase 2.  In the event of a tie, theEntry(ies) with the highest score in the Personalization criterionwill be determined a Finalist Entry.  In the event of a further tie, theAdministrator will re-judge the tied Entries until the Finalist Entries havebeen fulfilled.  Sponsor reserves theright to advance fewer than five (5) Contest Finalist Entries to Phase 2 if, inits sole discretion, it does not receive a sufficient number of eligibleEntries throughout the Contest Period.

 

Phase 2:Begins at 12:01 AM USEastern Standard Time (“EST”) on August 26, 2022, and ends at 11:59 PMEST on September 2, 2022 (the “Voting Period”). During Phase 2, theFinalists Entries will be published on the Website in a gallery for viewing andvoting. Tovote, Users (“Users”) will click a vote icon and follow the promptedinstructions to submit their vote.  Limit of one (1) vote, per person using onlyone (1) email address per day. Participants can share their Entry on Social MediaPlatforms. The one(1) Finalist Entry with the highest votes will be declared the potential GrandPrize winner. The four (4) Finalist Entries with the next highest votes will bedeclared the potential First Prize winners. In the event of a tie, the Entrywith the highest score in the Personalization criterion will be determined thepotential winner of the applicable prize.

 

GRAND PRIZE (1): There is one (1) Grand Prize available to be awarded. The Grand Prize winner(“Grand Prize Winner”) will receive via email a Grand Prize Packagewhich includes:

 

·        $5,000 in Best Buy eGift Cards that can be used to upgrade your homeentertainment system.

o  Visit BestBuy.com/storelocator to find your nearest storelocation. To check your balance, visit www.bestbuy.com/giftcardbalance or call 1-888-716-7994. PLEASE TREAT THIS EGIFT CARD LIKECASH AND SAFEGUARD IT ACCORDINGLY For full Best Buy gift card Terms &Condition, visit BestBuy.com/gcterms. BEST BUY, the BEST BUY logo, the tagdesign, MY BEST BUY, and BESTBUY.COM are trademarks of Best Buy and its affiliatedcompanies.  Best Buyis not a sponsor or co-sponsor of this promotion.

·        A year’s supply of Kernel Season’s® products, which will beawarded as two $100 digital coupon codes, the first of which will be sent tothe Grand Prize Winner via email prior to the 30th of September,2022, and the second of which will be sent to the Grand Prize Winner via email6 months after the date that the first coupon code is sent. The digital couponcodes are redeemable on https://sauers.com/pages/kernel. The digital coupon codes must be applied to asingle order for the total value of the code. If a code is redeemed for alesser order amount, it cannot be used at a later date for the remainder of thevalue .   



 The APPROXIMATE RETAIL VALUE (“ARV”) of theGrand Prize is: $5,200.

 

1ST PRIZE (4): There are four (4) 1st Prizes available to be awarded. The 1stPrize winner (“1st Prize Winner”) will receive via email a 1stPrize Package which includes:

 

·        $1,000 in Best Buy eGift Cards that can be used to upgrade your homeentertainment system

o  Visit BestBuy.com/storelocator to find your nearest storelocation. To check your balance, visit www.bestbuy.com/giftcardbalance or call 1-888-716-7994. PLEASE TREAT THIS EGIFT CARD LIKECASH AND SAFEGUARD IT ACCORDINGLY For full Best Buy gift card Terms &Condition, visit BestBuy.com/gcterms. BEST BUY, the BEST BUY logo, the tagdesign, MY BEST BUY, and BESTBUY.COM are trademarks of Best Buy and its affiliatedcompanies.  Best Buyis not a sponsor or co-sponsor of this promotion.

·        A year’s supply of Kernel Season’s® products, which will beawarded as two $100 digital coupon codes, the first of which will be sent tothe First Prize Winner via email prior to the 30th of September,2022, and the second of which will be sent to the First Prize Winner via email6 months after the date that the first coupon code is sent. The digital couponcodes are redeemable on https://sauers.com/pages/kernel. The digital coupon codes must be applied to asingle order for the total value of the code. If a code is redeemed for alesser order amount, it cannot be used at a later date for the remainder of thevalue. 

 

The ARV Of the 1st Prize is $1,200.  The ARV of all 1st Prizes is $4,800.

 

The ARV of all Contest Prizes is: $10,000.

 

CONTEST WINNER NOTIFICATION AND REQUIREMENTS: Eachpotential Winner will be notified on September 9, 2022 via email or directmessage.  Winners will be required to supply emailaddress within three (3) days of date of issuance of direct messagenotification of potential win if entered on Social Media Platforms. The potential Winners will be required to signand return an Affidavit of Eligibility, Waiver of Liability, Publicity ReleaseForms (where legal), or a Prize Acceptance Eligibility/Liability Release, whichmust be received by Sponsor within four (4) days of the notice or attemptednotice is sent in order to claim a prize. If a potential Winner cannot becontacted, fails to respond to notification as directed, or fails to providethe requested information (including a signed Affidavit, where applicable)within the required time period, the potential Winner forfeits the prize. If apotential Winner is disqualified for any reason, the prize may be awarded to arunner-up. Sponsor will use reasonably good faith efforts to award all five (5)prizes by following the winner process described above. At Sponsor’s solediscretion, a runner-up Winner may be selected and notified for the applicablePrize.Limit of one (1) Contest Prizeper person. Odds of winning will depend onthe number of Contest Entries received during the Contest Period.

 

Winners understand and agree that Sponsor reserves theright to edit or otherwise revise each potential Winner’s Entry for any reason,including without limitation, creative reasons or technical reasons. Sponsorreserves the right to require Participant to return a signed hard copy of anydocuments, consents or releases referenced herein or as may be needed, inSponsor’s sole determination, to reflect and effectuate the rights and releasesgranted hereunder.  If any potentialWinner is at least 18 but still considered a minor in his/her jurisdiction ofresidence, Sponsor reserves the right to award the prize in the name of his/herparent or legal guardian who will be responsible for fulfilling allrequirements imposed on such potential Winner set forth herein. Sponsorreserves the right to conduct a background check of any and all records ofpotential Winners, including, without limitation, civil and criminal courtrecords and police reports, and entry in the Contest constitutes Participant’spermission for Sponsor to conduct such background check, provided that, to theextent additional authorization is necessary under law, Winners shall authorizesuch check. Sponsor reserves the right (at its sole discretion) to disqualifyany Winner based on the results of the background check (e.g., for any felonyconviction or crime of moral turpitude), failure of the Winner to properlyauthorize such check, or for failure to complete any necessary documents,consents, or releases referenced herein as may be needed within three (3)business days of notification of such requirements.

 

PRIZE CONDITIONS:Allprize details are at the sole discretion of the Sponsor. All prizes are awarded“as is” with no warranty or guarantee, either express or implied. Nosubstitution, transfer, or cash equivalent of prize is permitted, except bySponsor, which reserves the right to substitute a prize (or portion thereof)with one of comparable or greater value, at its sole discretion. Winners areresponsible for all applicable federal, state, and local taxes, as well as anyother costs and expenses associated with prize acceptance and use not specifiedherein as being provided are the sole responsibility of the winners. All prizedetails are at Sponsor’s sole discretion.All terms of gift cards apply.  Restrictions may apply.  All such prizes shall be fulfilled byAdministrator of Sponsor’s behalf. 

 

Inthe Administrator’s sole discretion, a selected winner may be required toforfeit the prize and an alternate winner may be selected in accordance withthese Official Rules from the remaining eligible Entries if the selected winnerdeclines or cannot accept or fails to comply with these Official Rules. In theevent that the potential winner is disqualified for any reason, the prize maynot be awarded. The maximum value of the prize set forth above represents theSponsor’s good faith determination of the maximum ARV thereof and the actualfair market value, as ultimately determined by the Sponsor and cannot bechallenged or appealed. Winners will receive from the Sponsor an IRS Form 1099(or similar) in the amount of the ARV of the Prize.

 

GENERAL CONDITIONS:Contest qualification is determinedwhen Entries are posted on the Website.Proof of identity and/or residencereasonably satisfactory to the Sponsor and/or the Administrator may be requiredto verify eligibility. The Sponsor and the Administrator have the right todetermine Contest eligibility in their discretion; all decisions concerning Contesteligibility are final. Any effort to circumvent the Sweepstake’s limits,requirements or other terms (including,but not limited to, providing fictitious information or concealing identity orlocation)voids submissionsand disqualifies person from participating in the Contest.

 

Byparticipating, Participants accept and agree to: (i) be bound by these OfficialRules, all applicable laws, and the decisions ofthe Sponsor, which shall be final and binding in all matters; (ii) waive anyrights to claim ambiguity with respect to the Official Rules; and (iii) waiveall of his/her rights to bring any claim, action, or proceeding against any ofthe Released Parties (as defined below). Released Parties (as defined below) arenot responsible or liable for Social Media Entriesthat are entered by other than human means (such as by an automated computerprogram or any non-human mechanism, entity, or device), in excess of the statedlimit, or for SocialMedia Entries that are late, forged, destroyed,lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged,garbled, or otherwise not in compliance with these Official Rules, and all suchSocialMedia Entries will be disqualified, or for emails orother errors or difficulties of any kind whether human, technical, electronic,mechanical, network, seeding, computer, typographical, printing or otherwiserelating to or in connection with the Contest, including, without limitation,errors or difficulties which may occur in connection with the administration ofthe Contest, the processing of Prize redemptions, emails, Social Media Entries,the announcement of the Winner, or in any Contest-related materials. ReleasedParties are also not responsible for any incorrect or inaccurate information,whether caused by Website users, tampering, hacking, or by any equipment orprogramming associated with or utilized in the Contest. Released Parties arenot responsible for injury or damage to Participant’s or to any other person'scomputer related to or resulting from participating in this Contest ordownloading materials from or use of the Website. Persons who tamper with orabuse any aspect of the Contest or who are in violation of these OfficialRules, as solely determined by the Sponsor, will be disqualified and allassociated Social Media Entries will be void. Should any portion of the Contestbe, in the Sponsor’s sole opinion, compromised by non-authorized humanintervention or other causes which, in the sole opinion of the Sponsor, corruptor impair the administration, security, fairness or proper play or submissionof Social Media Entries, the Sponsor reserves the right at its sole discretionto suspend, modify or terminate the Contest. If terminated, at its discretion, theSponsor reserves the right to select the potential Prize Winner from alleligible, non-suspect Prize claims received prior to action taken or asotherwise deemed fair and appropriate by the Sponsor.

 

In noevent will the Released Parties be liable for more than the stated number of Prizesin these Official Rules. CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELYDAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BEA VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THESPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH INDIVIDUAL AND SEEK ANY AND ALLREMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BYLAW. Participants, by participating, agree that the Sponsor, the Administrator,and each of their respective parents, affiliates, subsidiaries and advertisingand Contest agencies and promotional partners and all of their respectiveofficers, directors, employees, shareholders, representatives and agents(collectively, “Released Parties”) will have no liability whatsoeverfor, and shall be held harmless by Participants against, any liability, for anyinjuries, losses or damages of any kind, including death, to persons, orproperty resulting in whole or in part, directly or indirectly, fromacceptance, possession, misuse or use of a Prize (including any travel oractivity related thereto) or participation in this Contest. Each Prize is offered and provided “as is” with no warrantyor guarantee by the Sponsor, either express or implied. Any and all warrantiesand/or guarantees on the Prizes (if any) are subject to the issuer’s/manufacturer’sterms therefore, and Winner agrees to look solely to such issuers/manufacturer(s)for any such warranty and/or guarantee.  Byparticipating in the Contest, each potential winner and each Winner acknowledgesthat the Released Parties have not and will not obtain or provide insurance ofany kind relating to the Prizes. Neither the Administrator, or any of theirrespective parents, affiliates, and subsidiaries are a sponsor or co-sponsor ofthis Contest. Each Winner, by acceptance of a Prize, except where legallyprohibited, grants permission for the Sponsor and its designees to use his/hername, address (city and state), photograph, voice and/or other likeness (andthat of their Guest) and Prize information for advertising, trade and promotionalpurposes without further compensation, in all media now known or hereafterdiscovered, worldwide in perpetuity, without notice or review or approval. Incase of dispute as to the identity of any Participant, entry will be declaredmade by the Authorized Account Holder of the email address submitted at time ofentry and he/she must comply with these Official Rules. “Authorized AccountHolder” is defined as the natural person who is assigned an email addressby an Internet access provider, online service provider, or other organization(e.g., business, educational, institution, etc.) responsible for assigningemail addresses or the domain associated with the submitted email address.

 

INDEMNITY: Participants agree to release,indemnify, defend, and hold harmless the Released Parties from any and allliability (including, but not limited to, liability forany property loss, damage, personal injury, bodily injury, death, loss,expense, accident, delay, inconvenience or irregularity), costs and expenses(including without limitation, reasonable outside attorney’s fees) arising out of orrelating in any way to: (a) your participation orinability to participate in the Contest, (b)typographical errors in the Official Rules or any promotional materials, (c)acceptance or possession, defects in, use, misuse or inability to use an Prize(or any component thereof), (d) any change by any company or any other personproviding any of the components of a Prize due to reasons beyond any of the Released Parties’ control or as otherwise permitted hereunder, (e) any interruptionsin or postponement, cancellation, or modification of the Contest, (f) human error, (g) incorrect or inaccurate transcription, receiptor transmission of any part of the Social Media Entry (including, without limitation, the entry information or anyparts thereof), (h) any technical malfunctions or unavailability of the Contest site or any telephone network, computer online system, computer datingmechanism, computer equipment, software, or internet service provider utilizedby any of the ReleasedParties or by you, (i) interruption or inability toaccess the Contest, any Contest-related web pages, or any online service via the internet due tohardware or software compatibility problems, (j) any damage to your (or anythird person’s) computer and/or its contents related to or resulting from anypart of the Contest, (k) any lost/delayed data transmissions, omissions, interruptions,defects, and/or any other errors or malfunctions, (l) any wrongful, negligent,or unauthorized act or omissions on the part of any of the Released Parties, or any of their agents or employees, or (m) any other cause,condition or event whatsoever beyond the control of any one or more of the Released Parties.  EachWinner hereby acknowledges that the Released Parties have neither made nor are in any manner responsible or liable for anywarranty, representation or guarantee, express or implied, in fact or in law,relative to any Prize or component thereof, including any express or impliedwarranties provided by any of the Prize suppliers associated with this Contest.

 

Participantsassume all liability for an injury or damage caused, or claimed to be caused,by participation in this Contest, use of the Website, or the acceptance,receipt, or use of any Prize or Prize component. Participants further agreethat in any cause of action, the Released Parties’ liability will be limited tothe cost of entering and participating in the Contest, and in no event shallthe Released Parties be liable for attorney’s fees.

 

BINDING ARBITRATION:  Exceptwhere required by law, Participants and the Sponsor waive all rights to trialin any action or proceeding instituted in connection with these Official Rulesor the Contest (including any activity related thereto). Any controversy orclaim arising out of or relating to these Official Rules, or the Contest shallbe settled by binding arbitration in accordance with the commercial arbitrationrules of the American Arbitration Association. Any such controversy or claimshall be arbitrated on an individual basis and shall not be consolidated in anyarbitration with any claim or controversy of any other party.

 

CHOICE OF LAW AND JURISDICTION: Allfederal, state and local laws and regulations apply. Void where prohibited bylaw. All issues and questions concerning the construction,validity, interpretation and enforceability of these Official Rules, or therights and obligations of any Participant and the Sponsor in connection withthe Contest, shall be governed by, and construed in accordance with, thesubstantive laws of the state of Virginia without giving effect to any choiceof law or conflict of laws rules (whether of Virginia or any other jurisdiction),which would cause the application of the laws of any jurisdiction other than Virginia.Anyaction seeking legal or equitable relief arising out of or relating to the Contestor these Official Rules shall be brought only in the courts of the State of VirginiaYou hereby irrevocably consent to the personal jurisdiction of said courts andwaive any claim of forum non-convenience or lack of personal jurisdiction theymay have.

 

WINNER’S NAME: For the name of the Winners (availableafter September 23, 2022), send a self-addressed stamped envelope to: KernelSeason’s® Make Every Moment Pop Contest Winner PO Box 90130, Nashville, TN37209, for Sponsor's receipt no later than November 18, 2022.  

 

SPONSOR: Sauer Brands, Inc., 2000 W Broad St,Richmond, VA 23220

 

 

// Endof Official Rules //