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Crisis Averted. You Can Still Eat KD!

See, nothing to worry about at all folks. December 21st has come and gone and the world is just fine. But thanks for declaring that KD would have been your last meal if things had gotten freaky. It really is a testament to your love. Now go celebrate that love, and this brave new world, with a fresh pot of KD right now. You deserve it.

See, nothing to worry about at all folks. December 21st has come and gone and the world is just fine. But thanks for declaring that KD would have been your last meal if things had gotten freaky. It really is a testament to your love. Now go celebrate that love, and this brave new world, with a fresh pot of KD right now. You deserve it.

Program Terms & Conditions

KDPocalypse (the “Program”) is in no way sponsored, endorsed or administered by, or associated with Twitter. You understand that you are providing your information to Kraft Canada Inc. (“Kraft”) and not to Twitter. Any personal information you provide will only be used for the administration of this Program and in accordance with Kraft’s privacy policy (see below). Twitter is completely released from all liability by each participant in this Program. Any questions, comments or complaints regarding the Program must be directed to Kraft and not Twitter. You may only use one (1) Twitter account (the “Account”) to participate in this Program.

1. PROGRAM PERIOD:

The Program begins on December 4, 2012 at 12:00:01 a.m. Eastern Time (“ET”) and ends whenever twenty-thousand twelve (20,012) confirmed Reward (defined below) recipients have been achieved in accordance with these Official Terms and Conditions (the “Terms”) or on December 18, 2012 at 11:59:59 a.m. ET, or whichever occurs first (the “Program Period”).

2. ELIGIBILITY:

Program is open to legal residents of Canada (excluding residents of Quebec) who (at the time of entry): (i) have reached the legal age of majority in their province/territory of residence, or who are between the ages of thirteen (13) and the legal age of majority in their province/territory of residence at the time of entry (individually and collectively a “Minor”) provided any such Minor’s parent/legal guardian has consented to his/her participation in the Program and has accepted and agreed to be legally bound by these Terms on the Minor’s behalf; except employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of Kraft, its parent companies, subsidiaries, affiliates, suppliers, advertising/promotion agencies and any entity involved in the development, production, implementation, administration, judging or fulfillment of the Program (collectively, the “Program Parties”).

NOTE TO MINORS: Kraft reserves the right, in its sole and absolute discretion, on a random audit basis to contact a Minor’s parent/legal guardian for the purposes of verifying his/her: (i) agreement to be legally bound by these Terms on the Minor’s behalf; (ii) consent to the Minor’s participation in this Program; and/or (iii) consent to the collection of the Minor’s personal information if he/she is under sixteen (16) years of age. Failure of a Minor’s parent/legal guardian to complete any such required verification to the satisfaction of Kraft may, in the sole and absolute discretion of Kraft, result in disqualification of the Minor.

3. HOW TO PARTICIPATE:

  1. To participate in this Program, you must have a valid Twitter Account. If you do not have an Account, visit www.twitter.com and register in accordance with the enrolment instructions for a free Twitter account.
  2. No purchase necessary. During the Program Period, you can participate in the Program by tweeting (the “Tweet(s)”) using your Account. To be eligible, your Tweet must:
    1. be in accordance with the specific Submission Requirements listed below in Rule 4;
    2. include the following hashtag --- #kdpocalypse (the “Hashtag”);
    3. comply with the Twitter Terms of Service and Twitter Terms available at www.twitter.com; and
    4. conform to Twitter’s (140) character limitation, including the Hashtag.
  3. Any Tweet that does not follow the above format - as determined by Kraft and/or its promotional agency or designated content moderator (the “Reviewer”), in its/their sole and absolute discretion – will be discarded and will not be eligible for participation in this Program.
  4. A Tweet will be considered to be void if the Tweet: (i) is incomplete or illegible; (ii) is not submitted and received during the Program Period in accordance with these Terms; (iii) does not include the Hashtag; (v) does not conform to Twitter’s (140) character limitation including the Hashtag; (iv) does not comply with the Twitter Terms of Service and Twitter Terms; and/or (v) is not in accordance with the specific Submission Requirements listed below in Rule 4 (all as determined by the Reviewer in its sole and absolute discretion).
  5. Standard charges and/or other rates may apply to participants who submit a Tweet via a wireless mobile device. Wireless service providers may charge for airtime for each message sent and received. Please call your service provider for pricing and service plan information and rates before mobile device participation.
  6. There is a limit of one (1) Tweet per person/email address/Account permitted during the Program Period. For greater certainty and the avoidance of any doubt, you can only use one (1) email address/Account to participate in the Program. If it is discovered by Kraft (using any information that is or is made available to Kraft) that any person has attempted to: (i) submit more than one (1) Tweet per person/email address/Account during the Program Period; and/or (ii) use (or attempt to use) multiple names, identities email addresses, Accounts and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Program; then (in the sole and absolute discretion of Kraft) he/she may be disqualified from the Program and all of his/her Tweets voided for the purposes of this Program. The Released Parties (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Tweets (all of which are void).
  7. All Tweets are subject to verification at any time and for any reason. Kraft reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Kraft – including, without limitation, government issued photo identification) to participate in this Program and/or for any Tweet entered (or purportedly entered) to be considered valid for the purposes of this Program. Failure to provide such proof to the satisfaction of Kraft in a timely manner may result in disqualification. The sole determinant of the time for the purposes of a valid Tweet in this Program will be the Program server machine(s).

4. SUBMISSION REQUIREMENTS:

BY SUBMITTING A TWEET, YOU (AND YOUR PARENT/LEGAL GUARDIAN ON YOUR BEHALF IF YOU ARE A MINOR) AGREE THAT THE TWEET COMPLIES WITH ALL CONDITIONS STATED IN THESE TERMS AND THE TWITTER TERMS OF SERVICE. THE RELEASED PARTIES (DEFINED BELOW) WILL BEAR NO LEGAL LIABILITY REGARDING THE USE OF ANY TWEET YOU SUBMIT. THE RELEASED PARTIES (DEFINED BELOW) SHALL BE HELD HARMLESS BY YOU (AND YOUR PARENT/LEGAL GUARDIAN IF YOU ARE A MINOR) IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE TERMS.

Without limiting the generality of the requirements noted above in Rule 3, to be eligible for entry in this Program, your Tweet must be unique and original and must be written in English only.

By participating in the Program, each participant (and his/her parent/legal guardian on his/her behalf if he/she is a Minor) agrees to be legally bound by these Terms and by the interpretation of these Terms by Kraft and further warrants and represents that his/her Tweet:

  1. is original to him/her and that the participant has all necessary rights in and to the Tweet to enter the Program;
  2. will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims whatsoever; and
  3. is suitable for publication (i.e. must not be obscene or indecent or defamatory, show violence or discriminatory behavior or potentially unsafe or dangerous practices).

Inappropriate materials of any sort, as determined by Kraft in its sole and absolute discretion, will not be accepted or used.

By entering the Program and submitting a Tweet, each participant (and his/her parent/legal guardian on his/her behalf if he/she is a Minor): (i) without limiting the Twitter Terms of Service grants to Kraft, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Tweet, in whole or in part, for advertising or promoting the Program or for any other reason; (ii) waives all moral rights in and to his/her Tweet in favour of Kraft; and (iii) agrees to release and hold harmless the Program Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relate in any way to the Tweet or a portion thereof. For greater certainty and the avoidance of any doubt, Kraft reserves the right, in its sole and absolute discretion and at any time during or after the Program, to modify, edit, remove or disqualify any Tweet if a complaint is received with respect to the Tweet, or for any other reason. If such an action is necessary at any point, then Kraft reserves the right, in its sole and absolute discretion, to disqualify the Tweet and/or the associated participant from the Program. If Kraft determines, in its sole and absolute discretion, that any Tweet does not comply with these Terms for any reason at any time, then Kraft reserves the right, in its sole and absolute discretion, to disqualify the Tweet and/or the associated participant. Tweets will not be judged.

5. THE REWARDS:

There will be twelve-thousand (20,012) Rewards available to be earned. Each Reward consists of one (1) 225 g box of original Kraft Dinner (a “Reward”). Shipping and handling will be included. Each Reward must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Kraft in its sole and absolute discretion). No substitutions except at Kraft’s option. Kraft reserves the right, in its sole and absolute discretion, to substitute any Reward or a component thereof with an item or items of equal or greater value, including, without limitation, but at Kraft’s sole and absolute discretion, a cash award. Rewards will only be awarded to the person who is verified as the “authorized account holder” (see below) of the Twitter account associated with an eligible Tweet. There is a limit of one (1) Reward per person. Any and all costs/expenses not specifically included in the Reward description above are the sole and absolute responsibility of each confirmed recipient. The Released Parties have no obligation, and accept no liability, if a Reward is not received due to changes in mailing address and/or for any other reason.

6. REWARD RECIPIENT SELECTION, NOTIFICATION AND CONFIRMATION PROCEDURES:

On December 3, 2012 (the “Announcement Date”) at approximately at 12:00:01 a.m. ET, an announcement (the “Announcement”) will be tweeted on Kraft’s official channel inviting eligible participants to reply to the Announcement. The first twelve thousand (20,012) eligible participants to reply to the Announcement with an eligible Tweet (see above) will be eligible to earn a Reward (subject to compliance with these Terms). The odds of earning a Reward depend on the speed with which an eligible participant tweets an eligible reply Tweet to the Announcement during the Program Period that complies with these Terms and Reward availability.

Kraft or its designated representative will make a minimum of one (1) attempt to contact each eligible recipient by Twitter (using a personalized @message to the Twitter account used to submit the corresponding eligible Tweet) within five (5) business days of the Tweet being deemed eligible in accordance with these Terms (the “Contact Message”). If an eligible recipient cannot be contacted within five (5) business days, or if there is a return of any notification as undeliverable; then he/she will be disqualified (and will forfeit all rights to a Reward) and Kraft reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible recipient on the basis of the next fastest reply Tweet to the Announcement that complies with these Terms (in which case the foregoing provisions of this section shall apply to such new eligible recipient).

7. REWARD FULFILLMENT PROCEDURE:

The Contact Message will contain a unique hyperlink (the “Hyperlink”). To begin the Reward fulfillment procedure, the eligible participant must click on the Hyperlink in the Contact Message, which will take the eligible participant to the fulfillment website (the “Website”). Once on the Website, the eligible participant must follow the on-screen instructions to obtain the Official Redemption Form (the “Form”). Fully complete the Form with all required information, which requires you to: (i) enter all required information in the space provided; (ii) signify your agreement that you have read and agree to be legally bound by the terms and conditions of these Terms [and if you are a Minor - signify that your parent/legal guardian has read the Terms and: (a) agrees to be legally bound by the terms and conditions of these Terms on your behalf; (b) consents to your participation in this Program; and (c) consents to the collection of your personal information if you are under sixteen (16) years of age] ; and (iii) indicate whether or not you would like to have your Account profile photo posted to the Website [note: even if you agree to have the Account profile posted at the time of fulfillment, you (or your parent/legal guardian if you are a Minor) can contact us at kraftdinneronline@kraftfoods.com for the purposes of having it removed from the Website at anytime]. Once you have fully completed the Form with all required information, follow the on-screen instructions to complete your Redemption (the “Redemption”).

There is a limit of one (1) Redemption per person/email address/Account permitted during the Program Period. For greater certainty and the avoidance of any doubt, you can only use one (1) email address/Account to participate in the Program. If it is discovered by Kraft (using any information that is or is made available to Kraft) that any person has attempted to: (i) submit more than one (1) Redemption per person/email address/Account during the Program Period; and/or (ii) use (or attempt to use) multiple names, identities email addresses, Accounts and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Program; then (in the sole and absolute discretion of Kraft) he/she may be disqualified from the Program. The Released Parties are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Redemptions (all of which are void).

All Redemptions are subject to verification at any time and for any reason. Kraft reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Kraft – including, without limitation, government issued photo identification) to participate in this Program and/or for any Redemption entered (or purportedly entered) to be considered valid for the purposes of this Program. Failure to provide such proof to the satisfaction of Kraft in a timely manner may result in disqualification. The sole determinant of the time for the purposes of a valid Redemption in this Program will be the Program server machine(s).

It is anticipated that delivery of all Rewards will be mailed to confirmed recipients by December 19, 2012. However, there are no guarantees that, and the Released Parties accept no liability if, there are any delays in shipping or delivery or if the Reward is not received for any reason whatsoever. Rewards can only be shipped in Canada to a street address (not a P.O. Box). No exchanges, refunds or returns of Rewards to Kraft are allowed once a Reward has been received. Rewards may not be exchanged or refunded at any retail locations.

8. REWARD RECIPIENT RELEASE:

By participating in this Program and accepting a Reward, each recipient (and his/her parent/legal guardian if he/she is a Minor) hereby: (i) confirms compliance with these Terms; (ii) acknowledges acceptance of the Reward as awarded; (iii) agrees to indemnify the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Tweet including, without limitation, any claim that his/her Tweet infringes a proprietary interest of any third party; (iv) releases the Released Parties from any and all liability in connection with this Program, his/her participation therein and/or the awarding and use/misuse of the Reward or any portion thereof; and (v) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Program and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of Kraft in any manner whatsoever, including print, broadcast or the internet. If an eligible recipient: (a) fails to respond to any required Program related communication(s) within the specified time; and/or (b) cannot or is unwilling to accept his/her Reward as awarded for any reason; then he/she will be disqualified (and will forfeit all rights to a Reward) and Kraft reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible recipient on the basis of the next fastest reply Tweet to the Announcement that complies with these Terms (in which case the foregoing provisions of this section shall apply to such new eligible recipient).

9. GENERAL CONDITIONS:

By participating in this Program, each participant (and his/her parent/legal guardian if he/she is a Minor) hereby: (i) confirms compliance with these Terms; (ii) agrees to indemnify the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Tweet including, without limitation, any claim that his/her Tweet infringes a proprietary interest of any third party; and (iii) releases the Released Parties from any and all liability in connection with this Program and his/her participation therein.

The Releasees will not be liable for: (i) any failure of any website during the Program; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Tweet to be received for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website or mobile network; (iv) any injury or damage to an participant’s or any other person’s computer or other device related to or resulting from participating or downloading any material in the Program; and/or (v) any combination of the above.

In the event of a dispute regarding who submitted a Tweet, Tweets will be deemed to have been submitted by the authorized account holder of the Twitter account submitted at the time of entry (as determined in accordance with the official records of Twitter). A participant may be required to provide proof (in a form acceptable to Kraft – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the Twitter account associated with the selected Tweet and, if applicable, that he/she has all necessary consents, permissions and/or licenses as required by these Terms.

Kraft reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Program (or to amend these Terms) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of Kraft that interferes with the proper conduct of this Program as contemplated by these Terms. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Program in any way (as determined by Kraft in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, Kraft reserves the right to seek remedies and damages to the fullest extent permitted by law. Kraft reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Program, or to amend these Terms, without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason.

If due to printing, production, online, internet, computer or other error of any kind whatsoever, more Rewards are claimed than intended to be distributed or awarded according to these Terms, then, in addition to having the right to terminate the Program immediately, Kraft reserves the right, in its sole and absolute discretion, to rescind invalid Reward claims. In no event will Kraft be liable for more than the stated number of Rewards in these Terms.

This Program is subject to all applicable federal, provincial and municipal laws. The decisions of Kraft with respect to all aspects of this Program are final and binding on all participants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of participants and/or Tweets.

Kraft reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Terms, to the extent necessary, for purposes of verifying compliance by any participant or Tweet with these Terms, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of Kraft, in its sole and absolute discretion, affect the proper administration of the Program as contemplated in these Terms, or for any other reason.

By participating in this program, each participant’s personal information is gathered for the purpose of administering this Program and conducting publicity about this Program. By participating in this Program, each participant (and his/her parent/legal guardian on his/her behalf is he/she is under sixteen (16) years of age) consents to Kraft’s collection, use, and disclosure of their personal information for these purposes. For a copy of Kraft’s on-line Privacy Promise, please call 1-800-567-KRAFT or visit www.kraftcanada.com.

In the event of any discrepancy or inconsistency between the terms and conditions of these Terms and disclosures or other statements contained in any Program-related materials, the terms and conditions of these Terms shall prevail, govern and control to the fullest extent permitted by law.

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