Kernel Catching Rules
KERNEL CATCH PROMOTION
ROB’S BACKSTAGE POPCORN LLC – PRIZE PROMOTION
NO PURCHASE IS NECESSARY TO ENTER OR WIN.
A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
Last Updated March 1, 2023
- Eligibility: This prize promotion (the “Promotion”) is a skill-based contest that is open only to those who complete the entry steps and satisfy the entry criteria set forth in these Rules. Winners of the Promotion must be at least 18 years of age as of the date of entry, unless otherwise required by an applicable state’s contest and promotion laws. The Promotion is only open to legal residents of the United States and is void where prohibited by law. Employees of Rob’s Backstage Popcorn LLC (the “Sponsor” or “Rob’s”) and its affiliates, subsidiaries, advertising and promotion agencies, suppliers, and their immediate family members and/or those living in the same household of each are not eligible to participate in the Promotion. The Promotion is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
- Agreement to Rules: By participating in the Promotion, you agree to be fully and unconditionally bound by these rules (the “Rules”), and you represent and warrant that you have read these Rules in full and meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Sponsor as final and binding as it relates to the Promotion content. The Promotion and these Rules are subject to all applicable federal, state, and local laws.
- Promotion Period: Entries will be accepted online starting on or about January 18, 2023 (the “Start Date”) and ending January 24, 2023 (the “End Date”). All entries must be received by 11:59PM EST on that End Date. Winners will be announced at Sponsor’s discretion following the End Date.
- How to Enter: To enter the Promotion, you must (i) open the Instagram application and navigate to the Reels function, (ii) take a video of yourself with the “Rob’s Backstage Popcorn Falling Popcorn Game” virtual reality filter enabled (the “Filter”) attempting to catch virtual popcorn in your mouth, (iii) upload the video to your Instagram Reels, and (iv) tag “@robspopcorn” (v) between the Start Date and the End Date. The entry must fulfill all Promotion requirements, as specified in items (i) through (v) and elsewhere in these Rules, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sponsor. If you use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Sponsor. By entering, you agree that Sponsor may contact you via email or by phone. Normal internet access, phone, and usage charges imposed by your online or phone service may apply.
You agree to indemnify and hold the Sponsor harmless from any and all claims, damages, liabilities, losses, documented and out-of-pocket expenses and costs (including reasonable fees and expenses of outside attorneys and other professionals actually incurred) arising out of or resulting from any action by a third party against the Sponsor due to your submission.
Each participant will receive a single $5.00 digital gift card or promo code to eatrobs.com upon successful submission of a participation claim. Participation prizes will be issued as coupon codes via direct message. No participant may receive more than one (1) participation prize for participation, regardless of the number of entries.
One (1) grand prize winner will receive a vehicle specified by the Sponsor, which is expected to be a Tesla Model 3 with an Approximate Retail Value of $44,000 USD. The Sponsor will determine the vehicle and any included warranties, accessories, color packages, trim packages, and ancillaries (if any) in its sole discretion. All participants and the eventual winner of the grand prize acknowledge that significant manufacturing or supply chain issues may delay the delivery of the prize, which may take up to one (1) year to be delivered from the date of winner announcement, which timeline may be extended by Sponsor in the event of demonstrated acquisition delays.
One or more additional secondary winners will receive discretionary merchandise, gift cards, and free popcorn, all in the Sponsor’s discretion based on contest and score submissions.
In the Sponsor’s discretion, the Sponsor will select one entry per day during the Promotion Period as the most creative to receive a prize from the following assortment: WalMart Gift Card, Albertsons Gift Card, Sponsor merchandise, and free popcorn for a year (defined as four (4) bags per month for twelve (12) months). The most creative submission of each day, if any, will be determined solely at Sponsor’s discretion based on the creativity and humor presented in the submission.
The specifics, value, delivery method, and delivery date of the various prizes shall be solely determined by the Sponsor. Any prize depiction is for illustrative purposes only and should not be relied on. Winners of the prizes must accept delivery of the prizes in the method solely determined by the Sponsor. No cash or other prize substitution is permitted except at Sponsor's discretion. The prizes are non-transferable. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes or components of a prize. Sponsor is not responsible for maintenance, fuel, insurance, losses, or any related or connected cost associated with prizes. Acceptance of prize constitutes permission for Sponsor to use winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
- Inapplicability of Promotion Odds: As the Promotion is strictly a competition of skill, rather than chance, your odds of winning cannot be calculated. The ease or difficulty of winning depends on the number, quality, accuracy, frequency, speed, and eligibility of participant entries.
- Winner selection and notification: The winners of the Promotion will be selected in the Sponsor’s sole discretion based on the criteria laid out in Paragraph 8 below. Sponsor reserves the right to conduct a background check on any winner and may disqualify any person based on such background check if Sponsor determines in its sole discretion that awarding the prize to such prospective winner might reflect negatively on Sponsor, its affiliates, or the Promotion. Winners will be notified via email within fourteen (14) days of the End Date. Sponsor shall have no liability for a winner's failure to receive notices due to winners' spam, junk, block, or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 48 hours from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, prize may be forfeited, and an alternate winner selected. Any expense or cost not expressly included in the description of the prize is the sole responsibility of the winner. The winner must provide the Sponsor with a copy of their valid driver’s license and proof of insurance and sign and return any required Affidavit of Eligibility, Affirmation, and Release within two (2) days of the date notice is sent or such other date set by Sponsor. Failure to respond within the applicable time will result in forfeiture of prize, and Sponsor shall have the option to award the prize to an alternate winner. The return of any prize notification or prize as undeliverable may result in disqualification and alternate winners may be selected. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED AND PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
All income taxes resulting from acceptance of prize are the responsibility of winners. Winners of prizes with a value of $600 or more will be issued an IRS Form 1099-MISC early in the year following the year in which prize was awarded for filing with their federal and state tax returns. Winners of prizes with a value of $5,000 or more may be subject to prize-related withholding, the amount of which may be required to be paid to Sponsor for remittance to the applicable taxing agency prior to the Winner’s receipt of the applicable prize. Winner will also be required to disclose their social security number for the purpose of issuance of a Form 1099-Misc and related tax purposes. Sponsor complies with all tax reporting requirements and may withhold such taxes prior to payment of the prize if required by applicable tax law. The amount of any tax liability will vary depending on winner’s tax bracket.
The receipt by a winner of the prize offered in this Promotion is conditioned upon compliance with all federal and state laws and regulations and the payment of any withholding obligations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE PROMOTION AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
- Winner Selection Criteria: The Promotion is a game of skill without any element of chance. The winner of the Promotion’s grand prize will be the participant that is able to achieve the highest score using the Filter. The winner of the Promotion’s daily prize(s) will be the participant submitting the entry deemed by Sponsor, in its sole discretion, to be the most creative or humorous of that day of the Promotion Period. In the event that multiple submissions record the top score using the Filter, the participants responsible for the applicable submissions will be invited to participate in one or more tiebreaker, which may include the opportunity to perform a live version of the kernel catching challenge in a setting determined by Sponsor, the winner of which will be designated as the winner of the Promotion (provided that the other eligibility criteria are satisfied). The live tiebreaker(s), if applicable, are subject to the following restrictions and requirements, in addition to any criteria verbally communicated at or prior to such tiebreaker event: (i) each Participant in a tiebreaker must have only one physical kernel of popcorn in each hand at a time; (ii) each throw must begin below the waist; (iii) each kernel must be released from below the Participant’s mouth and exceed the height of the Participant’s head; and (iv) no Participant may throw more than one physical kernel at a time. The next best submissions will be contacted at Sponsor’s discretion in the event of the disqualification or ineligibility of the selected winner(s). The winner must also have a valid driver’s license and proof of car insurance. The Sponsor reserves the right to review, amend, and reallocate scores in any tiebreaker, even if such reallocation results in a change of winner.
- Rights Granted by you: By entering this Promotion, you understand that Rob’s, anyone acting on behalf of Rob’s, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry itself and winner's name, portrait, picture, voice, likeness, image or statements about the Promotion, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation. By participating and/or accepting a prize, you acknowledge and agree to release and hold harmless Sponsor, Sponsor’s advertising and promotional agencies, the Jonas Brothers, Generation 195 Ltd., and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers, and directors from any and all liability for loss, harm, damage, injury, cost, or expense whatsoever, including, without limitation, property damage, personal injury, and/or death that may occur in connection with, preparation for, travel to, or participation in the Promotion, or participation in, possession, acceptance, and/or use or misuse of any prize or participation in any Promotion-related activity, including, but not limited to, any claims based on publicity rights, defamation or invasion of privacy, personal injury, and merchandise delivery. By entering a submission in the Promotion, you are agreeing to receive marketing emails and text messages from Rob’s. You can opt-out of these marketing promotions at any time and such opt-out will not invalidate your Promotion submission.
- Terms: Rob’s reserves the right, in its sole discretion to cancel, terminate, modify, or suspend the Promotion should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Promotion. In such case, Sponsor may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Promotion or website or violates these Rules.
Sponsor has the right, in its sole discretion, to maintain the integrity of the Promotion, to void entries or disqualify any Participant at any point during the Promotion for any reason, including, but not limited to; posting publicly about the internal mechanisms of the Promotion; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by these Rules; or the use of bots, macros or scripts or other technical means for entering.
Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Promotion may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
Rob’s reserves the right, to be exercised in Rob’s sole discretion, to adjust or modify the Rules in without notifying Promotion participants. Promotion participants are responsible for checking the site for changes and should review the Rules prior to any submission.
- Limitation of Liability: By entering you agree to release and hold harmless Rob’s, the Jonas Brothers, Generation 195 Ltd., and their respective subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant's participation in the Promotion and/or his, her, or their acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
- Disputes: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF DELAWARE, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, participant agrees that any and all disputes which cannot be resolved between the parties and causes of action arising out of or connected with this Promotion, shall be resolved individually, without resort to any form of class action, exclusively before a court located in the State of Delaware having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with entering this Promotion), and participant further waives all rights to have damages multiplied or increased.
- 14. Winners List: To obtain a copy of the winner's name or a copy of these official Rules, mail your request along with a stamped, self-addressed envelope to: Rob’s Backstage Popcorn LLC, 2250 Union Street, San Francisco, CA 94123. Requests must be received no later than January 27, 2023. The individual winner may request anonymity, in which case their name will be redacted in any response to such a request.
- Sponsor: The Sponsor of the Promotion is Rob’s Backstage Popcorn LLC, 2250 Union Street, San Francisco, CA 94123.
- Releases: The Promotion is in no way sponsored, endorsed, or administered by Twitter, Instagram, Tik Tok, or any of their affiliates or representatives (“Social Media Platforms”). You and the Sponsor each hereby release the Social Media Platforms from any and all injuries, losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind relating to the Promotion.