THE KMC SUPER MARIO POWER UP PURSUIT OFFICIAL RULES
1. Sweepstakes Period: The KMC Super Mario Power Up Pursuit (the “Sweepstakes”) begins at 12:00 AM Eastern Time (“ET”) on October 1, 2024 and ends at 11:59 PM ET on December 31, 2024 (“Sweepstakes Period”).
2. Eligibility: The Sweepstakes is open only to legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older as of the date of entry. Employees of Kraft Heinz Foods Company (the “Sponsor”), their respective parents, subsidiaries, divisions, affiliates, suppliers, distributors and advertising, promotional and judging agencies, including Don Jagoda Associates, Inc. (“Administrator”), Nintendo of America Inc., and their immediate family members (spouses, parents, children, and siblings and their spouses) and household members of each (whether related or not), are not eligible to participate or win. Void where prohibited by law. All federal, state and local laws and regulations apply.
3. How to Enter: During the Sweepstakes Period, entrants may enter by scanning a QR code on the outside of a participating box of Kraft Mac & Cheese or going to kraftmacandcheese.com/PowerUpPursuit (“Website”) to play the on-screen game and complete the registration form (“Entry”). All Entries must be received by 11:59 p.m. on December 31, 2024 to be eligible. Limit one (1) Entry per person per day during the Sweepstakes Period. Any attempt by any entrant to enter by using multiple/different email addresses, mailing addresses, identities, registrations and logins, or any other methods will void such Entries and that entrant may be disqualified. Use of any automated or computer system to participate online is prohibited and will result in disqualification. Normal Internet/phone access and data/usage charges imposed by your online/phone service may apply.
4. Random Drawing: One (1) Grand Prize winner, two (2) First Prize winners and one hundred (100) Second Prize winners will be selected in a random drawing on or about January 2, 2025 from among all eligible Entries received during the Sweepstakes Period. The random drawing will be conducted by the Administrator who is an independent judging organization. The decisions of the Sponsor and the Administrator are final and binding on all matters relating to the Sweepstakes. The odds of winning a prize depend on the total number of eligible Entries received during the Sweepstakes Period.
5. Winner Notification/Prize Award: The potential Grand Prize winner will be notified via email (to the email address provided at the time of Entry) and will be required to sign and return, via email, a Declaration of eligibility and Liability/Publicity Release Form, where legal (“Declaration”). If the potential Grand Prize winner fails to return the completed Declaration within five (5) days, entrant shall be deemed to be ineligible, the prize will be forfeited and an alternate potential Grand Prize winner will be selected. First Prize winners will be automatically sent their prizes via email (to the email address included on Entry) within 4-6 weeks from the end of the Sweepstakes Period. Second Prize winners will be automatically sent their prizes via mail (to the address included on Entry) within 4-6 weeks from the end of the Sweepstakes Period. If any prize or prize notification is returned as undeliverable, participant shall be deemed to be ineligible, the prize will be forfeited and an alternate potential winner will be selected accordingly.
6. Prizes and Approximate Retail Values (“ARV”): Grand Prize (1): A 3-day/2-night trip for winner and 3 guests to Hollywood, California, with admission to a Sponsor specified theme park. Trip includes round trip economy air transportation for four (4) to/from Los Angeles, California, two (2) nights’ hotel accommodations (based on quad occupancy), four (4) two-day admission tickets to a Sponsor specified theme park with early park access, a $200 gift card for ground transportation and a $500 awarded as a check for spending money. The ARV of the Grand Prize is $6,200. The actual retail value of the Grand Prize may vary depending on winner’s city of departure, and any difference in value will not be awarded. Grand Prize winner and guests must travel on the same itinerary. Airline carrier's regulations and conditions apply. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles or hotel loyalty points. All travelers must have valid travel documents prior to departure (TSA-approved ID, visit www.tsa.gov for a list of TSA-approved IDs). Guests or winner, as parent/legal guardian of any minor guest(s) must complete a Release of Publicity and Liability prior to departure. Failure to obtain required travel documents by Grand Prize winner and guests may result in forfeiture of Grand Prize. Grand Prize winner will be required to provide a credit card upon hotel check-in. All expenses and costs not expressly listed above, including, but not limited to, taxes, insurance, telephone charges, room service and laundry services, personal expenses, gratuities, entertainment, transfers, incidental charges, or any other items not specifically described in these Rules, any transportation not mentioned within the above Grand Prize description and all expenses for any of the foregoing are solely the responsibility of the Grand Prize winner/guests. Sponsor reserves the right to remove or to deny entry to theme park to winner and/or his/her guests who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. No responsibility or liability is assumed for damages, losses or injury resulting from acceptance or use of Grand Prize (or portion thereof, including travel). Winner and guests will be required to follow any applicable COVID Protocols that may be applicable at time of travel. First Prize (2): $550 in Nintendo eShop gift cards (awarded as eleven $50 gift cards for a total value of $550). Second Prize (100): A box of Kraft Mac and Cheese (Mario Shapes). The ARV of each Second Prize is $2.00. Limit one (1) prize per person. Prizes are awarded “as is” in Sponsor’s sole discretion. No transfer or substitution for prize permitted, except at the sole discretion of the Sponsor for any reason, and, in such circumstance, an alternate prize (or portion of prize) of equal value will be awarded and the Sponsor’s obligation to the winner will be fulfilled, and no other additional compensation will be provided. Separate gift card terms and conditions apply.
7. General Rules: Incomplete, corrupted, or untimely Entries are void and will be disqualified. Sponsor and Administrator are not responsible for lost, late, incomplete, damaged or misdirected Entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user's computer/phone equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of Entry will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” of an email address is the natural person in whose name the email address has been issued. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion, and in the event of cancellation, the prizes will be awarded in random drawings from among all eligible Entries received prior to cancellation. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW; SHOULD ANY SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds: to be attempting to tamper with or undermine the Entry process, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or, to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect Entries and (a) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at random from among all eligible Entries received in accordance with these Official Rules prior to cancellation.
8. Warranties and Representations; Release of Liability: You hereby hold Sponsor, Administrator, Nintendo of America Inc. and each of their respective officers, directors, members, managers, employees, agents, representatives, successors and assigns (the “Released Parties”) harmless from and against any third-party claim arising from use of any Entry and you waive any right to inspect or approve uses of your Entry by Sponsor in connection with the Sweepstakes or to be compensated for any such uses. Participating in the Sweepstakes constitutes permission to the Sponsor to use a winner’s name, address and likeness in connection with the administration of the Sweepstakes only and as otherwise required by law. By participating in the Sweepstakes, the entrant agrees that Released Parties will have no liability whatsoever for, and will be held harmless by entrant for any liability for any bodily injury, loss or damages of any kind to persons, including death, and property, due in whole or in part, directly or indirectly, from Entry, the acceptance, possession, use or misuse of prize or component thereof, if applicable, or participation in the Sweepstakes or participation in any Sweepstakes related activity. You hereby represent and warrant that you have read these Official Rules and are fully familiar with their contents and agree to be bound by them.
9. Privacy: By entering this Sweepstakes, you agree to and accept the privacy policy below. Any personal information that a participant provides in connection with the Sweepstakes shall be used by Sponsor and its agencies to administer this Sweepstakes, contact participants, and for the other purposes set forth in the Sponsor’s privacy policy located at https://www.kraftheinzcompany.com/privacy.html.
10. Governing Law: The Sweepstakes and the Official Rules shall be exclusively governed by and construed in accordance with the laws of the state of Illinois, without regard to conflicts of law provisions. Participants submit to exclusive personal jurisdiction in Illinois and agree that any dispute shall be brought in the state and federal courts in Illinois.
11. Winners: To receive a Winners’ List by email, send an email to: winners@dja.com with The KMC Super Mario Power Up Pursuit- US (01-2911-15) as the subject line. Requests must be received by February 28, 2025.
12. Sponsor/Administrator: The Sponsor of the Sweepstakes is Kraft Heinz Foods Company, 200 E. Randolph Street, Chicago, IL 60601.The Administrator of the Sweepstakes is Don Jagoda Associates, Inc. 100 Marcus Drive, Melville, NY 11747.
Nintendo is not a sponsor, co-sponsor, or administrator of the sweepstakes.