Let's See That Flag!

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. Open only to legal residents of the 50 United States and DC who are 18 years of age or older with a valid email account as of the date of entry.  Sweepstakes begins at 12:00 a.m. ET on 10/26/23 and ends at 11:59 p.m. ET on 11/30/23. Winner selected via random drawing. Kinder Kid Flags will not be judged. Void in PR and where prohibited by law. For complete details, including entry and prizing details, see Official Rules available at kinderkidflag.com Sponsor: Ferrero U.S.A., Inc., Parsippany, NJ 07054

1. ELIGIBILITY: The Kinder® "Let That Kid Flag Fly" Sweepstakes (the "Sweepstakes") is open only to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older and have a valid email account as of the date of entry ("Eligible Entrants"). Employees, agents, directors, officers, agents of Ferrero U.S.A., Inc. ("Sponsor"), the Administrator (as defined below) and prize providers, together with their respective parent, affiliates, subsidiaries, (collectively, the "Released Parties"), and each member of their immediate family (spouse, parent, children and siblings and their respective spouses, regardless of where they reside) and/or those persons living in the same household, whether or not related, are not eligible to enter or win. Void in Puerto Rico and where prohibited or restricted by law. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Administrator’s server shall be the official timekeeper for the Sweepstakes.  By entering, you agree to these Official Rules, which are binding in all aspects.   

2. HOW TO ENTER: The Sweepstakes shall begin at 12:00:00 a.m. Eastern Time ("ET") on October 26, 2023 and end at 11:59:59 p.m. ET on November 30, 2023 ("Promotion Period"). During the Promotion Period, Eligible Entrants (each an "Entrant") may visit the Kinder ® "Let That Kid Flag Fly" Sweepstakes website ( www.kinderkidflag.com ) and follow the on-screen directions to upload your Kinder Kid Flag creation (see section #3 for submission requirements) and complete the online entry form, which includes entering Entrant's first and last name, and e-mail address.

Kinder Kid Flag creations will not be judged but must comply with the terms of these Official Rules, including without limitation, the submission requirements, to be deemed a valid entry.

Limit three (3) entries per person and/or per email address during Promotion Period. Proof of submission of an entry will not be deemed proof of receipt by Sponsor or proof of entry. Additional entry forms submitted from the same person or e-mail address after the first three (3) Sweepstakes entries is received from that person or e-mail address during Promotion Period will be void; egregious or repeated violations may result in disqualification from Sweepstakes. Any attempt to use multiple names, or email accounts or other tactics to enter more than the stated limit may result in the disqualification of the Entry by the Sponsor from the Sweepstakes.  Entries generated by script, macro or other automated means or with the intent to subvert the entry process will be void. Receipt of entries may be acknowledged and, if so, any such acknowledgment shall neither constitute any representation as to eligibility for the Sweepstakes, nor is it otherwise binding upon Sponsor. Entrants can enter via desktop computer or mobile device. Standard data rates may apply if entering via mobile device, check with your mobile data carrier.

3. KINDER KID FLAG CREATION SUBMISSION REQUIREMENTS: The following submission requirements shall apply:

• Be creative when making a Kinder Kid Flag.
• Photos must be no more than 5 MB, in JPEG, JPG, PNG or GIF format and at least 640 pixels wide or 640 pixels tall.
• Each Entrant represents and warrants that Entrant is the sole and exclusive owner of all content incorporated into the Kinder Kid Flag and holds all appropriate rights to same (team/group entries are not permitted);
• Your Kinder Kid Flag creation must not contain any person or people;
• Kinder Kid Flag creation must be Entrant’s own creation and 100% original (modifying, enhancing, or altering a third party’s preexisting work does not qualify as Entrant’s original creation);
• Your Kinder Kid Flag creation cannot have been previously published or posted (including on social media), or received an award;
• The Kinder Kid Flag must not infringe on any rights of any third parties, including copying another’s work in whole or in part;
• Kinder Kid Flag must be submitted during the same online session as completed entry form;
• Kinder Kid Flag must be in compliance with these Official Rules and the Terms of Use and Privacy Policy on the Website.

In addition, the Kinder Kid Flag must not, without limitation:

• include any person other than yourself;
• contain statements or materials that are illegal, inappropriate, indecent, profane, obscene, hateful, tortious, defamatory, slanderous or libelous (including images, words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, national origin, sexual orientation, gender, gender-identification, or socioeconomic group) as determined in Sponsor’s sole discretion;
• contain material that advocates aggressive or violent behavior;
• include threats to any person, place, business, or group;
• advocate illegal conduct of any kind or alcohol, tobacco or drug use including e-cigarette products;
• contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, including copyright or trademark infringement or legal or moral rights of any third party, living or deceased, when used as provided for in these Official Rules;
• contain indecent behavior, violence, nudity, pornography, profanity, obscenities, or otherwise inappropriate language;
• contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or other trait;
• contain advertisements, personal solicitations or commercial solicitations;
• contain any personal information regarding Entrant or anyone else;
• contain any material that disparages or reflects adversely upon Sponsor or its Kinder® brand;
• contains any anti-social, political, religious or controversial statements, images or descriptions as determined by Sponsor in its sole discretion; and/or
• contain any other content that Sponsor deems offensive, inappropriate, or unwanted, all in its sole discretion.

Sponsor reserves the right in its sole discretion to disqualify any Entry that, in its sole opinion, refers, depicts, or in any way reflects negatively upon the Sponsor, Sponsor’s products, the Sweepstakes, or any other person or entity, or does not comply with these requirements or these Official Rules. 

Entrant grants to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sub-licensable right and license to use, perform, exhibit, edit, distribute, display, reproduce and/or otherwise exploit the Kinder Kid Flag creation in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to Entrant. The preceding includes, but is not limited to, Sponsor’s possible use of Entrant’s Kinder Kid Flag creation as part of a compilation; and, to this end, the preceding includes Entrant’s grant and license to the Kinder Kid Flag creation individually as well as to any compilation within which Sponsor may choose to include such Kinder Kid Flag creation. Nothing herein in any way obligates Sponsor to make any use of a given Entrant’s Kinder Kid Flag creation (individually or as part of a compilation); and, in refraining from doing so, Sponsor will not incur liability of any kind under any legal theory.  Sponsor’s use of Entrant’s Kinder Kid Flag individually or as part of a compilation does not constitute any representation as to eligibility of entry or notification of selection as a potential prize winner of the Promotion.

4. WINNER SELECTION-RANDOM DRAWING:  One (1) Grand Prize winner will be selected in a random drawing by the Administrator, an independent judging organization, whose decisions are final on all matters relating thereto. Drawing will be conducted on or about December 4, 2023 from among all Eligible Entries received during the Promotion Period. Odds of winning depends upon the number of Eligible Entries received during the Promotion Period.   AN ENTRANT IS NOT A WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.

5.  WINNER NOTIFICATION: Potential winner will be contacted by Administrator via email. Grand Prize winner will be required to review, sign and return an Affidavit of Eligibility, Release of Liability, Prize Acceptance Form and, where legally permissible, a Publicity Release within seven (7) days of notification. At Sponsor's discretion, these documents may be supplied to potential winner via e-mail. By entering the Sweepstakes, entrants/participants agree that an electronic signature on such documents will have the same legal force and effect as the actual, physical signature on same. If such documents are not returned within the specified time period, prize notification is returned as undeliverable for any reason, Sponsor/Administrator is unable to contact a potential winner or potential winner is not in compliance with these Official Rules, the prize will be forfeited and an alternate potential winner may be selected from among all remaining Eligible Entries received for the random drawing.

6. PRIZE:
One (1) Grand Prize: One $10,000 Grand Prize will be awarded in a random drawing in the form of a bank check Approximate Retail Value (ARV) of Grand Prize: $10,000.

7. ADDITIONAL PRIZE RESTRICTIONS:  No prize transfer or cash redemption are permitted (except as otherwise stated herein). No prize substitution, in whole or in part, except by Sponsor who reserves the right to substitute a prize (in whole or in part) of comparable or greater value, at its sole discretion. Except with Sponsor's written consent (which may be granted or withheld by Sponsor without liability of any kind), prize must be accepted as awarded. Any stated difference between the approximate retail value and actual value of prize (or any component thereof) or any substituted prize (or any component thereof) will not be awarded. Winner is solely responsible for any costs and expenses in connection with the prize not expressly described herein as being awarded including, without limitation, all federal, state, or local taxes (if any) on the prize and any additional costs and expenses associated with the acceptance and use of the prize that are not described herein as being awarded. In no event will more than the stated number of prizes (i.e., one [1] prize) be awarded. Winner will be issued an IRS 1099 Tax Form reflecting the fair market value of the Prize. Winner agrees to fully cooperate with Sponsor/Administrator as to the issuance of the IRS 1099 Tax Form (as well as Sponsor’s compliance with any other governmental tax reporting requirements), including by providing his/her Social Security Number or Tax Identification Number via IRS W9 Tax Form.  

8. GRANT of Rights:  By submitting an Entry, Entrant grants to Sponsor and its authorized agents a royalty-free, sub-licensable, transferable right to exploit the content of his/her Entry (that is, the Kinder Kid Flag creation) in any medium throughout the world in perpetuity for editorial, educational, promotional, publicity, advertising or any other purpose on behalf of Sponsor, its parent or its affiliates, without  compensation unless specifically prohibited by law and Entrant explicitly acknowledges and agrees that Sponsor reserves the right to publish any or all of the content of the Kinder Kid Flag creation with or without first and last name credit to the Entrant; and entries that attempt to restrict this right will not be considered.  The entrant 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 he or she may now or later have to their Kinder Kid Flag creation. The Potential Winner shall execute at Sponsor’s request and without compensation such assignments and other documents as may be necessary to confirm or enact this assignment or any grant of rights set forth herein. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may later request the assignment. By submitting a Kinder Kid Flag creation as part of his/her Entry, Entrant explicitly acknowledges that his/her image, first name, last initial, city, and state (as applicable) may be posted on the Website and the social media sites of Sponsor as well as possibly included as part of a compilation as discussed above. Any such posting (or inclusion as part of a compilation) shall NOT constitute any representation that the Entry/Kinder Kid Flag creation is eligible or that Entrant has been selected as the potential Winner in the Sweepstakes.

9. LIMITATION OF LIABILITY: No liability or responsibility is assumed by Sponsor or the Released Parties resulting from Entrant's participation in or attempt to participate in the Sweepstakes, or ability or inability to upload or download any information in connection with the Sweepstakes. No responsibility or liability is assumed by Sponsor or the Released Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Promotion: (a) hardware or software errors; (b) faulty computer, cable, satellite, network, cellular, electronic, Internet connectivity or other online or network communication problems; (c) errors or limitations of any Internet or wireless service providers, servers, hosts or other providers; (d) garbled, jumbled or faulty data transmissions; (e) failure of any online transmissions to be sent or received; (f) lost, late, delayed or intercepted transmissions; (g) inaccessibility of the Website in whole or in part for any reason; (h) traffic congestion on the Internet or the Website; (i) unauthorized human or non-human intervention of the operation of the Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; (j) error, omission, interruption, deletion, defect, theft or destruction of, unauthorized access to, delay in operation, transmission, distribution of, alteration of, Entry  procedure, whether caused by the Entrant, or otherwise; (k) any of the equipment or programming associated with or utilized in this Promotion, or otherwise; or (l) destruction of any aspect of the Promotion, or loss, misdirection, inaccessibility or unavailability of an email account used in connection with the Promotion. The Released 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 Entries, the announcement of the prize or any Promotion-related materials. Use of Website is at user’s own risk. The Released Parties are not responsible for any personal injury, death or property damage or losses of any kind which may be sustained to Entrant’s, or any other person's computer or mobile device resulting from participation in the Promotion. Sponsor is not responsible for any human error that may occur in the processing of the Sweepstakes.

10. CONDITIONS OF PARTICIPATION/GENERAL RULES: By entering, each Entrant agrees (a) that Sponsor and its designees shall have the right and permission to use in any manner (unless prohibited by law) Entrant's name, voice, city and state of residence, and photographs and/or likeness for advertising and/or trade and/or promotion and/or any other purpose now or hereafter known anywhere in the world in perpetuity without compensation, permission or notification to Entrant, or any third parties, except where prohibited by law; (b) to release the Released Parties from any and all liability and to indemnify, defend and hold harmless the Released Parties from and against any claim, action, liability, loss, injury or damage to Entrant or any other person or entity, including, without limitation, personal injury or death to Entrant or any other person or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of (i) the acceptance, possession, use or misuse of a prize; (ii) participation in or administration of this Sweepstakes; (iii) the exploitation of any of the rights granted herein; and (iv) any element of this Sweepstakes; (c) to assume all liability for any injury or damage related to (a) (i)-(iv); (d) to be bound by the Official Rules and the Administrator's decisions which are final; (e) to waive all rights to claim or collect punitive, incidental, consequential or any other damages; (f) that all causes of action relating to this Sweepstakes will be resolved individually without resort to any form of class action; (g) that any and all claims, judgments, or awards shall be limited to actual out of pocket costs incurred (if any), excluding attorneys' fees; and (h) that New York law shall apply exclusively to the Sweepstakes and that any dispute with respect to the Sweepstakes shall be resolved in either the federal or state courts located in the County of New York, State of New York, regardless of conflict of law/choice of law provisions of New York or any other jurisdiction.

Released Parties are not responsible for (1) lost, interrupted or unavailable network, server, cable, satellite, Internet Service Provider (ISP) or other connections, miscommunications, computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other errors or malfunctions of any kind whether computer, software, hardware, network, technical, human, mechanical, electronic, seeding or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Sweepstakes, the processing of Sweepstakes entries, or prize claim, the announcement of the prize or in any Sweepstakes-related materials, or for any damage to Entrant's or other person's hardware or software (or mobile device) as a result of participation; (2) failed, incomplete (including omission of Kid Flag creation), undeliverable, garbled, delayed, late, lost, misdirected, stolen, or any combination thereof, entries, prize notification or prize claim; (3) damage to Entrant's or any person's computer, mobile device or the contents thereof; (4) any condition caused by events that may cause the Sweepstakes to be disrupted or corrupted; or (5) any inability of the winner to accept the prize. Persons found tampering with or abusing any aspect of this Sweepstakes or whose conduct potentially compromised the Sweepstakes or who are in violation of these Official Rules as solely determined by the Administrator will be disqualified and all associated Sweepstakes entries will be void. Every submission must be manually keystroked and manually entered by the Entrant and repetitive, automated electronic submission of Sweepstakes entries is specifically disallowed. Use of automated entry software or programs is prohibited and entry through any such means is void.

Sponsor reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Sweepstakes if fraud, technical failures or errors, viruses, bugs, unauthorized human intervention or any or other similar causes or any other factor beyond Sponsor's reasonable control impairs or compromises the administration, security, integrity or fairness of the Sweepstakes (or portions thereof), as determined by Sponsor in its sole discretion, and limit entries to those submitted prior to the action taken, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. In the event the Sweepstakes is cancelled or terminated, notice will be posted online at www.kinderkidflag.com and Sponsor reserves the right, at its sole discretion, to award the prize from among all eligible non-suspect entries received up to the time of such action. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Entry information becomes property of Sponsor.

In the event a dispute arises regarding the specific individual entitled to receive the prize, an entry will be deemed made by the "authorized e-mail account holder" of the e-mail address submitted on the online entry form. "Authorized e-mail account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entrant may be requested to provide Sponsor/Administrator with proof that the Entrant is the authorized e-mail account holder of the e-mail address in question. Any damage made to any Sweepstakes-related website by an Entrant will be the responsibility of the authorized e-mail account holder of the e-mail address submitted on the online entry form that is associated with the damage in question. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. Any entries which are suspected of being fraudulent (including those using robotic, automatic, programmed or similar methods of participation) may be disqualified, based on determinations made solely by Sponsor/Administrator. Sponsor/ Administrator reserve the right to prohibit the participation of an individual if fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. If an Entrant submits more than the stated number of entries permitted, and/or if Sponsor and/or Administrator suspects that an Entrant attempted to obtain additional entries by using multiple email addresses, user IDs, registrations, identities or any other method, all entries submitted by the Entrant will be declared null and void.

11. NOTICE TO ENTRANTS: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY SWEEPSTAKES-RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW AS WELL AS DISQUALIFYING SUCH INDIVIDUAL FROM THE SWEEPSTAKES (IF APPLICABLE).

12. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES: IN NO EVENT WILL THE RELEASED PARTIES AND/OR THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE SWEEPSTAKES, YOUR ACCESS TO AND USE OF  ANY PROMOTION RELATED WEBSITE AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES. IN NO EVENT SHALL THE RELEASED PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED FIVE DOLLARS ($5.00). WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND THE PRIZE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND FROM SPONSOR, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

13. USE OF DATA: Sponsor will be collecting personal data about Entrants online, in accordance with its Privacy Policy. Please review Sponsor's Privacy Policy at https://www.ferreronorthamerica.com/privacy-policy-us).   By participating in the Sweepstakes, Entrants hereby agree to Sponsor's collection and usage of their personal information and acknowledge that they have read and accepted Sponsor's Privacy Policy.

14. REQUEST FOR WINNER’S NAME: For the name of the winner (available after January 1, 2024), send a self-addressed stamped (#10) envelope to: The Kinder ® "Let That Kid Flag Fly" Sweepstakes 2023 Sweepstakes Winner, c/o Berlin Productions 870 Locke Ln, Yorktown Heights, NY10598. Requests received after January 30, 2024 will not be honored.

15. SPONSOR: Ferrero U.S.A., Inc., 7 Sylvan Way, 4th Floor, Parsippany, NJ 07054.

16. ADMINISTRATOR: Berlin Productions, 870 Locke Ln, Yorktown Heights, NY 10598.
© 2023 Ferrero U.S.A., Inc. All rights reserved.