Contest Rules
PEBBLES™ Cereal Yabba Dabba Dunk Contest Official Rules
Ask your parent or legal guardian to help you with this Contest
Many Will Enter. Few Will Win.
Void outside the 50 United States, D.C., and wherever prohibited by law. Do not enter this Contest (defined below) if you do not meet the eligibility criteria detailed in the Eligibility section below. You and we agree that any disputes related to these Official Rules or the Contest will be resolved via binding arbitration as detailed in the Arbitration section below.
No Purchase Necessary To Enter Or Win. A Purchase Will Not Increase Your Chance Of Winning.
Entry Period: The PEBBLES™ cereal Yabba Dabba Dunk Contest (“Contest”), sponsored by Post Consumer Brands (“Sponsor”), begins on Mar. 16, 2022, at 12:00:01 p.m. CDT and ends on April 15, 2022 at 11:59:59 p.m. CDT (“Contest Period”). The computer clock of Sponsor’s webmaster is the official timekeeping device of the Contest.
Eligibility: This Contest is open to residents of any 1 of the 50 United States or District of Columbia (“Territory”) who are thirteen (13) years of age or older and physically present in the Territory (“Entrants”). If an entry video includes an individual who is younger than thirteen (13) years of age, the entrant must be the parent or legal guardian of the individual included in the entry video.
Children of employees, officers, directors, members, managers, agents or representatives of Sponsor or its parent and subsidiary companies, affiliates, divisions, representatives, consultants, sub-contractors, suppliers, distributors, legal counsel, prize providers, contest administrators, advertising, public relations, promotional, fulfillment or marketing agencies (collectively, the “Released Parties”) are not eligible. Participation in this Contest constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor.
How to Enter: There is one method of entry in this Contest. Entries in this Contest will be accepted at https://www.createwithpebbles.com/projects/yabba-dabba-dunk (“Contest Site”) during the Contest Period. Each entry (including the video submitted) is referred to as a “Submission” or “Entry Materials.”
To enter the Contest, eligible individuals must visit the Contest Site during the Contest Period and follow all prompts to provide the required information, including uploading an original video in one of the accepted formats showing only one (1) individual person engaging in a creative basketball dunk. The person shown in the video dunking must be between six (6) years of age and fifteen (15) years of age. If the person shown in the video dunking is between six (6) years of age and twelve (12) years of age, the entrant must be that person’s parent or legal guardian. If the person shown in the video dunking is between thirteen (13) years of age and fifteen (15) years of age the entrant must either be that person shown or that person’s parent or legal guardian.
Once your Submission has been successfully received, it will be placed in a queue to be reviewed by a moderator, after which it may be made visible to the public within the digital gallery on the Contest Site and/or via Sponsor’s social channels.
License: By entering, except where prohibited by law and subject to Sponsor’s privacy policy posted at the Contest Site, each Entrant (and each Entrant’s parent or legal guardian on behalf of the Entrant) grants to the Released Parties (and their agents, successors, and assigns) the irrevocable, transferable, sublicensable, absolute right and permission to use, edit, modify, copy, crop, reproduce, and distribute the all of the Entry Materials you submit to enter this Contest in perpetuity and in any medium (including online and in digital media) in any language, throughout the world, for any purpose, in Sponsor’s sole discretion, including without limitation for internal business purposes, the purposes of evaluating entries, administering this Contest, and for advertising and marketing purposes.
Limit One Entry Per Child. Purported proof of entry (such as, without limitation, a screenshot of a purported entry form) does not constitute proof of actual entry for purposes of this Contest.
Submission Requirements: Each Entrant’s dunk video must meet all of the following requirements, as determined by Sponsor in its sole discretion, or the associated entry may be disqualified.
- Entry Materials must be one mp4 or mov file that does not exceed 20mb. The length of the video must not exceed 1 minute in length. The video must only be uploaded at the Contest Site via the Contest submission form.
- Entry Materials must be entirely created by Entrant and may not be copied or plagiarized. Modifying, enhancing, or altering a third party’s pre-existing work does not qualify as an Entrant’s original creation.
- Entrant must own all rights in the Entry Material and have full rights and authority to grant Sponsor the rights to use the Entry Material as provided in these Official Rules.
- Entry Materials must not include any music.
- Entry Material must not create or imply any association between Sponsor and any individual, entity, company, or anyone else, or his, her or its brands, products or services.
- Entry Material must be unpublished and not submitted to be published by any publication, and must not have been submitted in any other contest, promotion, or competition.
- Entry Material must not identify, reference or depict any company or brands, products, or services.
- Entry Material must not reference in any identifiable way any individual other than the person performing the dunk.
- Entry Material must not infringe, misappropriate, or violate any rights of any third party.
- Entry Material must not include information or content that is false, deceptive, defamatory, threatening, disparaging, harassing, profane, obscene, hateful, indecent, inappropriate or injurious.
- Entry Material must not contain or describe any harmful or illegal activity or content or in any way violate any federal, state, or local laws, rules or regulations.
- Entry Material must be suitable for presentation in a public forum.
- Entry Material must not suggest, depict, or describe any inappropriate, unlawful, or dangerous behavior or use of Sponsor’s or any other products or services.
- Entrant agrees that his/her participation in the Contest and agreement to these Official Rules and any Released Parties display and use of the Entry Material content will not violate any agreement to which Entrant is a signatory or party.
Entrant agrees to indemnify and hold harmless Sponsor and/or Released Parties from and against any and all claims and/or threats of claims from any third party for any use or reuse by any Released Party of your Entry Materials or breach of any Submission Requirements.
Sponsor reserves the right in its sole discretion to disqualify from the Contest and/or remove from displaying or publishing any Entry Materials that, in its sole discretion, refers, depicts, or in any way reflects negatively upon a Released Party, the Contest, or any other person or entity or does not comply with these requirements or these Official Rules.
Those who do not abide by these Official Rules, the instructions of Sponsor, and all applicable terms and policies may, in Sponsor’s sole discretion, be disqualified and any purported participation by such Entrant void. Participation that is fraudulent, forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, incomprehensible, garbled, or generated by a macro, or bot, will not be accepted and will be void. Participation made by someone on behalf of any other individual or any entity or group, made by another on your behalf, or originating at any online service other than as specifically described above (including, without limitation, through a commercial promotion subscription, notification, or entering service) will be declared invalid and disqualified for this Contest.
During and after the Contest Period, Sponsor may post Entry Materials (in whole or in part and possibly edited to meet platform and other requirements) on https://www.createwithpebbles.com, https://www.facebook.com/PebblesCereal/, https://www.instagram.com/pebblescereal/ and https://twitter.com/pebblescereal. Such postings may be on a rotating or occasional basis and may be discontinued at any time at Sponsor’s sole discretion. Posting of an entry is not meant to indicate that the entry is a winner, provisional winner, or finalist in the Contest, or that it is otherwise favored in any way.
Judging: One (1) grand prize winner and nine (9) runner up winners will be chosen by the Contest judges using the judging criteria detailed below from among all eligible entries received during the Contest Period. Odds of winning depend on the total number of eligible entries received during the Contest Period and quality of the eligible entry. Entries will be judged on the following criteria: Creativity & Originality (75%); Athletic Skills (25%). In the event of a tie, the entrant with the higher score in the Creativity & Originality category will be the winner. Sponsor reserves the right to select less than ten (10) winners if less than ten (10) eligible entries are received in this Contest.
All Judges’ decisions are final and binding in all matters relating to this Contest. Each Entrant acknowledges that other Entrants may have created ideas and concepts contained in their Entry Materials that may have familiarities or similarities to its entry and that Entrant will not be entitled to any compensation or right to negotiate with the Released Parties because of these familiarities or similarities.
Sponsor reserves the right to contact Entrants for verification purposes and administration of the Contest.
Notifying and Confirming Winners: Each potential winner will be notified via email within approximately one month after the end of the judging period. The potential winners (or their parent or legal guardian if the potential winner is not the age of majority) may, in Sponsor’s sole discretion, be required to complete, sign, notarize (if applicable), and return, without alteration and in the form presented by Sponsor, an affidavit of eligibility and liability / publicity release and, as applicable, tax documents (collectively, the “Winner Documents”) according to Sponsor’s instructions within four (4) days from when Sponsor sends the Winner Documents or other time frame as specified by Sponsor or its representative in the notice. Failure to comply with these requirements, Sponsor’s or its representative’s instructions, or these Official Rules may, in Sponsor’s sole discretion, result in disqualification from the Contest and forfeiture of any prize potentially won. The Winner Documents, if required, are each subject to verification by Sponsor and may require providing a valid government ID number and/or identification card or number therefrom. If any communication is returned as undeliverable or if a selected potential winner cannot be reached or does not respond as instructed after Sponsor has attempted to notify that potential winner, that selected winner may be disqualified and an alternate winner may be selected (time permitting and in Sponsor’s sole discretion). Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any. Sponsor will not be obligated to pursue more than two (2) alternate winners (time permitting) for any reason.
Prizes/Approximate Retail Values (ARV): There will be one (1) Grand Prize (“Grand Prize”) awarded following the conclusion of the Contest Period. One (1) Grand Prize winner, upon confirmation of eligibility, will have their original video submission (edited by Sponsor as it deems fit) featured in a professionally created highlight video that will be featured on a “Jumbo-Tron” at a professional basketball game. The Grand Prize winner will also receive: (a) a ticket for one (1) child and their parent or legal guardian to a pre-determined basketball game in a United States city: (b) six (6) Reward Codes, each of which will be valid for one $50 eGift Card at select restaurant merchants; (c) twenty (20) Reward Codes, each of which will be valid for one $100 eGift Card at select travel merchants; (d) one-year supply of Fruity PEBBLES cereal in the form of fifty two (52) $4 coupons to be redeemed at select grocers nationwide by 09/30/2023 sent to the winner via U.S mail; and (e) one (1) athletic apparel gift card for $100. Grand Prize ARV = $3,008.00. The $100 eGift Cards for select travel merchants provided as part of the Grand Prize may be used toward travel to and accommodation near the professional basketball game for which tickets are provided as part of the Grand Prize; however, Sponsor makes no guarantee that the expense of travel and accommodations will be fully covered by the value of the eGift Cards and any expenses incurred in excess of the eGift Cards are the Grand Prize winner’s sole responsibility. Grand Prize winner will be solely responsible for booking airfare and other accommodations directly with airlines, restaurants and hospitality companies. Reasonable efforts will be made to have the game at which the Grand Prize winner’s video is featured be the same game the Grand Prize winner gets to attend as part of the Grand Prize, but Sponsor makes no guarantee that will happen.
Reward Codes will be sent to winner via e-mail. Reward Codes must be activated to receive eGift Cards. Reward Codes are void if not activated by 12/31/2022. eGift Cards do not expire. If lost or stolen, cannot be replaced. No cash value, except as required by law. Not valid with any other offer. Not for resale; void if sold or exchanged. Void where prohibited. eGift Cards valid only in the U.S. at specified eGift Card merchants. Use of eGift Card is subject to terms and conditions as set forth by the merchants. Please visit merchant’s website for terms and conditions, which are subject to change at merchant’s sole discretion. The merchant referenced is not a sponsor of the offer or affiliated with Post Consumer Brands, LLC and Fandango Loyalty Solutions, LLC. Any merchant logos are trademarks of and owned by each respective company or its affiliates. Fandango Loyalty Solutions, LLC is not a sponsor or co-sponsor of this Contest.
Tickets will be scheduled and location of seats will be determined by Sponsor at its sole discretion. Actual retail value of prize may vary depending on changes in value of components and other reasons. Grand Prize winner and guest is solely responsible for complying with all venue requirements for entry and attendance at basketball game (e.g., health, safety and security requirements) and failure to comply may result in removal from the venue with no liability accruing to Sponsor. In the event any scheduled activity associated with the Grand Prize and/or any other component of the prize is cancelled for any reason, including safety, health and/or welfare concerns, scheduling conflicts, cancellations, postponement, an event of force majeure, or for any other reason, Sponsor reserves the right, if possible, to reschedule such Grand Prize game for alternate dates in its sole determination, but if the Grand Prize game is not rescheduled, it shall have no obligation other than to reward the ARV for the Grand Prize game. Sponsor will not be responsible for health and safety conditions, weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage, epidemics or pandemics, or any other natural disaster outside its control that may cause the cancellation or postponement of any prize related event or that may lead to health-based restrictions that are beyond the control of Sponsor. Any prizes awarded as part of the Grant Prize are subject to venue restrictions, other terms and conditions as indicated thereon and may not be resold or offered for resale. Any such resale or refusal to meet venue restrictions may result in disqualification and prize forfeiture without compensation of any kind.
There will be up to nine (9) Runner Up Winners awarded following the conclusion of the Contest Period (“Runner Up Prize”). Runner ups will receive one year’s supply (52 boxes) of Fruity PEBBLES cereal. The one-year supply of Fruity PEBBLES cereal will be awarded in the form of 52 $4 coupons to be redeemed at select grocers nationwide by 09/30/2023 sent to the Runner Up Winners via U.S. mail. Runner ups will also receive one (1) athletic gift card for $100. Runner Up Prize ARV = $308.00
Total ARV of all prizes $5,780. Unclaimed prizes will not be awarded. All applicable federal, state, and local taxes on pries are the sole responsibility of the prize winners. Limit one (1) prize per person. The Grand Prize winner will receive a 1099 tax form for the approximate retail value of the prize. Winners are responsible for all applicable federal, state, and local taxes, if any, as well as any other costs and expenses associated with acceptance and use not specified herein as being provided.
If you have any questions regarding this Contest, please contact Post Cereals at postcerealssocial@gmail.com.
Release: Entrants agree that the Released Parties are released, will have no liability whatsoever for, and shall be held harmless by Entrants against any liability for any injuries, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Contest or any Contest-related activities.
Limitations of Liability: Released Parties are not responsible for lost, late, misdirected, incomplete, or non-delivered entries or e-mail; or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information. Entrants who tamper with or abuse any aspect of this Contest or otherwise attempt to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor representatives, as solely determined by the Sponsor, will be disqualified. Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods, and disqualify any Entrant using such methods. Released Parties are not responsible for injury or damage to Entrant’s or to any other person’s computer or other device related to or resulting from participating in this Contest or downloading materials from or use of any website associated with the Contest. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures, or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest, and select the winner from entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Released Parties are not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized use of any website associated with the Contest.
In no event will the Released Parties be responsible for any damages or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages arising out of your access to and use of the Contest Site. Without limiting the foregoing, everything on the Contest Site is provided “as is” without warranty of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow 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. Without limiting any other provision in these Official Rules, the Released Parties are not responsible or liable to any Entrant or winner (or any person claiming through such Entrant or winner) for failure to supply the prize(s) or any part thereof in the event that any of the Contest activities or Released Parties’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including without limitation, by reason of any force majeure event, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared) civil disturbance, insurrection, riot, epidemic, pandemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made, by any governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.
Privacy: Any personally identifiable information collected by Sponsor or its representative during the Contest will used by Sponsor for purposes of the proper administration and fulfillment of the Contest as described in these Official Rules or as otherwise permitted and in accordance with the Privacy Policy posted at the Contest Site. Feel free to contact our team regarding our Privacy Policy at 1-800-544-6855, between 8:00 a.m. and 5:00 p.m. CDT, Monday through Friday.
Arbitration:
Please read this section carefully- it may significantly affect your legal rights.
These Official Rules and all matters arising out of or in connection with the Contest and/or Official Rules shall be governed by and interpreted according to the laws of the State of Minnesota (without applying the state’s conflict-of-law principles).
Any dispute arising out of or connected with this Contest and/or these Official Rules not resolved amicably between you and Sponsor shall be resolved exclusively by binding arbitration as follows. You agree to give up your right to go to court to sue or seek relief from us.
- Arbitration shall take place in the City of Minneapolis, MN and shall be administered under the procedures established by the American Arbitration Association or as may otherwise be agreed upon by the parties.
- The party asserting the dispute (the “Petitioner”) shall indicate an intent to commence arbitration hereunder by giving written notice of such intent to the other party (the “Respondent”).
- If the Petitioner and Respondent are unable to resolve the dispute within 15 days following the receipt by the Respondent of the above notice, arbitration shall commence upon the delivery by the Petitioner to the Respondent of a petition complying with the Arbitration Rules of the American Arbitration Association (the “Rules”) and setting forth at a minimum (i) the acts or omissions complained of, (ii) the section(s) of the Official Rules breached or otherwise involved, and (iii) the relief sought. The Respondent shall respond to such petition in conformity with such Rules and a counterclaim shall be permitted if timely filed and served.
- The arbitration shall be conducted by a single arbitrator in conformance with such Rules except that (i) the Petitioner and Respondent may provide any instructions to the arbitrator(s) which deviate from such Rules as the Petitioner and Respondent may mutually agree, and (ii) unless the Petitioner and Respondent mutually agree otherwise, they shall have the right to conduct discovery in any manner and to the extent authorized by the Federal Rules of Civil Procedure as interpreted by the Federal courts in the District of Minnesota.
- If the Petitioner and Respondent are able to agree upon a single arbitrator within 10 days following commencement of the arbitration, such individual shall serve as the arbitrator. If the parties cannot mutually agree upon the selection of an arbitrator within 10 days following commencement of the arbitration, the arbitrator shall be selected in accordance with the rules of the then effective Commercial Arbitration Rules of the American Arbitration Association.
- With respect to any award in arbitration, the arbitrator:
- shall issue an award in writing which (A) sets forth findings of fact, (B) resolves each specific claim, (C) attaches a reasoned opinion, and (D) is signed by the arbitrator;
- may compel specific performance by the Petitioner or the Respondent of his or its respective obligations under the Official Rules or award injunctive relief to restrain any breach of the Official Rules by a Petitioner or Respondent, in each instance without the necessity of the Petitioner (A) alleging or proving damages as a result of the breach, or (B) posting any bond; provided, however, seeking or obtaining equitable relief shall not preclude a party to the arbitration from also seeking or obtaining an award for money damages in the arbitration; and
- shall equitably allocate between the Petitioner and Respondent all (A) administrative fees and expenses of the arbitrator(s) and the arbitration, and (B) fees (including reasonable legal fees) and expenses incurred by the prevailing party in the arbitration.
- Judgment upon an award in arbitration may be entered in any court of competent jurisdiction in the United States.
Winner’s List: For a winner’s list, send a self-addressed, stamped envelope by July 15, 2022 to: PEBBLES™ Cereal Yabba Dabba Dunk Contest, Attn: Winner’s List, PO Box 90130, Nashville, TN 37209. Winner’s list to be available after June 7, 2022.
Sponsor: This Contest is sponsored by Post Consumer Brands, located at 20802 Kensington Boulevard, Lakeville, MN 55044.