KD Super Mario Power Up Pursuit official Rules

Official Rules

The KD Super Mario Power Up Pursuit (the “Contest”) is sponsored by Kraft Heinz Canada ULC, 207 Queens Quay W., Toronto, Ontario, M5J 1A7 (the “Sponsor”) and is administered by Don Jagoda Associates, Inc. 100 Marcus Drive, Melville, NY 11747 USA (the “Administrator”). The Sponsor is responsible for the Contest, its organization and the Official Rules (the “Rules”).

1. AGREEMENT TO THE RULES: By participating in the Contest, each entrant (each entrant referred to as an “Entrant”, together as the “Entrants”) unconditionally accepts and agrees to comply with and abide by these Rules and the decisions of the Sponsor and Administrator, which shall be final and binding in all matters related to the Contest.

2. CONTEST PERIOD: The Contest begins October 1, 2024 at 12:00 am Eastern Time (“ET”) and ends December 31, 2024 at 11:59 pm ET (“Contest Period”). The Sponsor’s database clock is the official timekeeper for this Contest.

3. ELIGIBILITY: The Contest is open to legal residents of Canada (the “Eligibility Area”) who have reached the age of majority in their province or territory of residence as of their date of entry in the Contest Period. Contest is void outside Canada and where taxed, prohibited, or restricted by law.

The Contest is not open to:

(a) employees, officers and directors of the Sponsor and its parent, affiliates, subsidiaries, representatives, agents, and advertising and promotion agencies (collectively, “Promotion Entities”); and

(b) the immediate family members (regardless of where they live) of a person excluded under (a) or anyone domiciled with a person excluded under (a) (whether related to that person or not). For the purposes of these Rules, “immediate family” includes husband, wife, spouse, partner, mother, father, brothers, sisters, sons, or daughters.

4. HOW TO PARTICIPATE: During the Contest Period, eligible Entrants may enter by scanning a QR code on the outside of a participating box of Kraft Dinner Mac & Cheese or visit kraftheinz.com/kraft-dinner/PowerUpPursuit (“Website”) to submit the entry form providing a full name, residential address, email address and phone number. Entrants must also correctly answer a time-limited mathematical skill-testing question without assistance or mechanical or electronic aid which will be administered on the Website. Each qualified submission is an entry (each one an “Entry”, collectively “Entries”).

For purposes of this Contest, “receipt” of an Entry occurs when Sponsor’s server records the Entry information resulting from the Entrant selecting the “submit” button. Automated Entries (including but not limited to Entries submitted using any robot, script, macro, or other automated service) are not permitted and will be disqualified.

If submitting an Entry via a mobile device, standard data rates may apply. Entrants should check their service carrier plan for more information regarding rates and fees. Use (or attempted use) of any automated macro, script, robotic, or other system(s) or program(s) to enter or otherwise participate in or disrupt this Contest is prohibited and is considered grounds for disqualification from this Contest.

5. ENTRANTS’ REPRESENTATIONS: The Sponsor does not assume any responsibility for any claims based on infringement of publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement and any other intellectual property-related cause of action with respect to any Entry submitted. By entering this Contest, each Entrant: (i) agrees to release, indemnify, discharge, defend and hold harmless the Sponsor, the Promotion Parties, and each of their respective officers, directors, employees, agents, representatives and assigns (collectively with the Promotion Parties, the “Released Parties”) from any claim or liability arising from or related to the Entry or participation in this Contest, (ii) grants Sponsor a non-exclusive, unlimited, royalty free, irrevocable, right and license to use, publish, display, produce, perform, convert, adapt, publicly present, communicate to the public, assign, sub-license, edit, modify, translate, reproduce, dispose of, post, broadcast or otherwise use the Entry, in whole or in part, in any way and in any form of media now known or hereafter developed, including, without limitation, as contemplated within these Rules, or in any advertising or promotions created by Sponsor in any form of media to promote this Contest and/or future contests similar to this Contest, without review, notice, approval or compensation; (iii) waives all moral rights in and to the Entry in favour of Sponsor; and (iv) represents, warrants to Sponsor that he/she has the authority to grant to Sponsors the rights granted in these Rules, including without limitation the non-exclusive license, above.

Entries become the property of Sponsor and will not be returned. Promotion Entities are not responsible for lost, late, incomplete, invalid, misdirected, technically corrupted or garbled Entries, which will be disqualified, or for problems of any kind, whether mechanical, human or electronic. Promotion Entities shall not be responsible for incorrect or inaccurate Entry information whether caused by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in sending an email or the processing of the Entries in the Contest. Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of Entries. Only fully completed Entries are eligible. Promotion Entities are not responsible for any change of email address, mailing address and/or telephone number of Entrants. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed submitted by the person in whose name the email account is registered, provided that person meets all eligibility criteria set forth in these Rules.

6. LIMIT ON THE NUMBER OF ENTRIES: The number of Entries is limited to one (1) Entry per Entrant per day during the Contest Period. For greater certainty and for the avoidance of doubt, you may only use one (1) email address to enter the Contest. If the Sponsor discovers (based on any evidence or information made available to or otherwise discovered by the Sponsor) that an individual: (i) has attempted to obtain more than one (1) Entry per day and/or (ii) has attempted to use multiple names, identities, email addresses or any automated, macro, script, robotic, or other system or program and/or any other means that is not in accordance with Sponsor’s interpretation of the letter and spirit of these Rules to enter or otherwise participate in this Contest, or to disrupt the conduct of the Contest; such person may be disqualified from the Contest at the sole and absolute discretion of the Sponsor.

AII Entries that are incomplete, damaged, irregular, have been submitted through illicit means, or do not conform to or satisfy any condition of the Rules may be disqualified by the Sponsor. An Entry will be rejected if (in the sole and absolute discretion of the Sponsor) the Entry is not fully completed and/or submitted during the Contest Period.

7. VERIFICATION: All Entries may be subject to verification at any time for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identification and/or eligibility (in a form acceptable to the Sponsor, including, but not limited to, government-issued photo identification): (i) to verify an individual’s eligibility to participate in this Contest; (ii) to verify the eligibility and/or legitimacy of any Entry; and/or (iii) for any other purpose that Sponsor deem necessary, in its absolute discretion, for the administration of this Contest in accordance with Sponsor’s interpretation of the letter and spirit of these Rules. Any person who fails to provide such proof to the complete satisfaction of the Sponsor, within the time period specified by the Sponsor, may be disqualified in sole and absolute discretion of the Sponsor. Only the official timekeeping device(s) of the Sponsor will determine the time for the purposes of this Contest.

Disqualification. Entrants must comply with the following conditions, or they may be disqualified, and their Entry may be cancelled:

  • Entrants must use a valid email address.

  • Only one Entry per day per Entrant will be permitted for the entire Contest Period.

  • Entrants must use the same email address at all times during the Contest Period.

  • Use of more than one (1) email address will result in automatic disqualification.

  • Multiple accounts created by the same Entrant will be disqualified.

8. PRIZES/APPROXIMATE RETAIL VALUES/ODDS: There are a total of three (3) prizes to be won (individually a “Prize”, collectively, the “Prizes”). The Prizes to be won, the number of Prizes and their approximate retail value (“ARV”) are:

Grand Prize (1): A 3-day/2-night trip for winner and 3 guests to Hollywood, California, USA with admission to a Sponsor specified theme park. Trip includes round trip economy air transportation for four (4) to Los Angeles, California, USA from Canada, two (2) nights’ hotel accommodations (based on quad occupancy), four (4) two-day admission tickets to a Sponsor specified theme park with early park access, a USD $200 gift card for ground transportation and a USD $500 gift card for spending money. The ARV of the Grand Prize is CAD $9,630.

Air transportation must be from an international airport in Canada and Sponsor has the right to determine airport. Winner and guests must travel on the same itinerary. The actual retail value of the Grand Prize may vary depending on winner’s city of departure, and any difference in value will not be awarded. Grand Prize winner and guests must travel on the same itinerary. Airline carrier's regulations and conditions apply. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles or hotel loyalty points. All travelers must have valid travel documents prior to departure (TSA-approved ID; and passport, visit www.tsa.gov for a list of TSA-approved IDs). Guests or winner, as parent/legal guardian of any minor guest(s) must complete a Release of Publicity and Liability prior to departure. Failure to obtain required travel documents by Grand Prize winner and guests may result in forfeiture of Grand Prize. Grand Prize winner will be required to provide a credit card upon hotel check-in. All expenses and costs not expressly listed above, including, but not limited to, taxes, insurance, telephone charges, room service and laundry services, personal expenses, gratuities, entertainment, transfers, incidental charges, or any other items not specifically described in these Rules, any transportation not mentioned within the above Grand Prize description and all expenses for any of the foregoing are solely the responsibility of the Grand Prize winner/guests. Sponsor reserves the right to remove or to deny entry to theme park to winner and/or his/her guests who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. No responsibility or liability is assumed for damages, losses or injury resulting from acceptance or use of Grand Prize (or portion thereof, including travel). Winner and guests will be required to follow any applicable COVID Protocols that may be applicable at time of travel.

Second Prize (2): CAD $550 Nintendo eShop gift card (awarded as 11 CAD $50 gift cards for a total value of CAD $550).

The ARV of all Prizes is CAD $10,730 in total.

Each Prize must be accepted as is and is not transferable, assignable, or redeemable for cash (except as expressly permitted by the Sponsor in its sole and absolute discretion). No substitutions are permitted, except at the discretion of the Sponsor. The Sponsor reserves the right, in its sole and absolute discretion, to substitute a Prize or Prize component with a prize of equal or greater value, including, but not limited to, in the sole and absolute discretion of the Sponsor, a cash prize. The winner is not entitled to the monetary difference between actual Prize value and stated approximate Prize value, if any. Separate gift card terms and conditions apply.

In no event will the Sponsor be responsible for more than three (3) Prizes. If computer, printing production, mechanical, seeding, typographical or other errors result in more valid Prize claims than the number of available Prizes stated herein, the Sponsor reserves the right to award the number of Prizes stated herein by random drawing from among all eligible, non-suspect, valid Prize claims received for the Prizes in question.

Limit of one (1) Prize per Entrant or household.

Odds of winning a Prize depend on the number of eligible Entries received in accordance with these Rules during the Contest Period.

None of the Released Parties (as defined below) makes any representation or warranties, express or implied, as to the quality or suitability of any Prize awarded in connection with the Contest. To the fullest extent permitted by law, each selected Entrant understands and agrees that they will not seek reimbursement or any legal or equitable remedy against Sponsor and the Released Parties, whoever they may be, in the event that the Prize awarded to them is unsatisfactory for any reason or is unsuitable for their particular purpose.

9. WINNER SELECTION AND NOTIFICATION: On January 2, 2025 (at 10:00 AM ET), a total of three (3) winners (as described above) will be selected by random drawing from all valid Entries received during the Contest Period. The drawing will be conducted at the Administrator’s offices in Melville, NY (USA). The Prizes will be awarded, provided there are a sufficient number of qualified Entries are received.

The order of selection of the potential prize winners will be: one (1) 3-day/2-night trip for winner and 3 guests to Hollywood, California, USA with admission to a Sponsor specified theme park, then two (2) CAD $550 Nintendo eShop gift cards.

Potential winners will be contacted by email, using contact information provided or collected at the time of Entry. If a selected Entrant does not respond adequately within five (5) calendar days of the first notification attempt, or is returned as undeliverable, that selected Entrant may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select another eligible Entrant from among all remaining eligible Entries received during the Contest Period (in which case the foregoing provisions shall apply to such newly selected Entrant). Sponsor shall have no liability for any winner notification that is lost, intercepted, or not received by a potential winner for any reason. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of a Prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. Potential prize winners must, within five (5) business days of being notified by the Administrator and/or Sponsor: sign and return the original signed copy of the Sponsor’s Declaration and Complete Release and Waiver of Claims (“Declaration Form”); and, where permitted by law, Publicity Release within five (5) days after first notification attempt, provided by the Sponsor, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Contest, participation and/or awarding and use/misuse of the Prize or any portion thereof; (iv) agrees to indemnify the Released Parties from and against any and all claims, damages, liabilities, costs and expenses arising out of or in connection with the use of his or her Prize; and v) confirms consent to any publication, reproduction and/or other use of his/her name, city/province/territory of residence, voice, statements about the Contest and/or photograph or other likeness, without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor, by any means and in any media, including print, broadcast or the Internet.

The Contest Entities do not assume any responsibility and are not responsible for electronic communications which are undeliverable for any reason, including (but not limited to) as a result of any form of active or passive filtering of any kind or insufficient space in a participant’s mailbox to receive email messages, or other communications.

NO POTENTIAL WINNER IS A WINNER UNTIL THE SPONSOR HAS OFFICIALLY DECLARED THAT POTENTIAL WINNER A WINNER IN ACCORDANCE WITH THESE RULES.

If a selected Entrant: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Waiver within the specified time period (for any Prize); (c) cannot accept (or refuses to accept) a Prize (as awarded) for any reason; and/or (d) is in violation of these Rules (as determined by Sponsor in its sole and absolute discretion); then such Entrant will be disqualified (and forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion to randomly select another eligible Entrant from among all remaining eligible Entries received during the Contest Period (in which case the foregoing provisions will apply to such newly selected Entrant). After a Potential winner returns the completed Release, the Potential prize winners will be notified by email, phone and/or mail, using contact information provide by or collected at the time of entry or as part of the Participation in the Contest that he/she is a winner of a Prize (“Prize Winner”).

The Sponsor, in its sole discretion, reserves the right to select another Entrant should a selected Entrant fail to do the aforementioned, or if the Sponsor, in its sole discretion, finds the Entrant to be ineligible for any reason.

Winners acknowledge that upon acceptance of a Prize, performance of Prize obligations becomes the sole and exclusive responsibility of the designated service provider(s) for those portions not originating with Sponsor, if any.

10. OFFICIAL TIME: The Sponsor’s servers are the official tool for determining the time for this Contest. The time an Entry is received by the Sponsor will be deemed to be the time it is received by the Sponsor’s web server as determined by the clock on that server.

11. GENERAL CONDITIONS: The Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all Entrants without right of appeal. ANY PERSON FOUND TO BE IN VIOLATION OF THE LETTER AND SPIRIT OF THESE RULES BY THE SPONSOR, FOR ANY REASON WHATSOEVER, MAY BE DISQUALIFIED AT ANY TIME, AT THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR.

Any decision by the Sponsor with respect to any aspect of this Contest, including but not limited to the eligibility and disqualification of Entries, will be final and binding. For the purposes of these Rules, the Entrant is the person whose name appears on the Entry Form and, subject to the terms hereof, it is to this person that the Prize will be awarded if declared a winner.

12. LICENSE: By entering this Contest and submitting an Entry, an Entrant (i) grants Sponsor a non-exclusive, unlimited, royalty free, irrevocable, right and license to use, publish, display, produce, perform, convert, adapt, publicly present, communicate to the public, assign, sub-license, edit, modify, translate, reproduce, dispose of, post, broadcast or otherwise use the Entry, in whole or in part, in any way and in any form of media now known or hereafter developed, including, without limitation, as contemplated within these Rules, or in any advertising or promotions created by Sponsor in any form of media to promote this Contest and/or future contests similar to this Contest, without review, notice, approval or compensation (the “License”); (ii) waives all moral rights in and to the Entry in favour of Sponsor; and (iii) represents and warrants to Sponsor that he/she has the authority to grant to Sponsor the License.12. LIMITATION OF LIABILITY: By entering Contest, Entrants accept and agree to these Rules and the decisions of Sponsor, which shall be final.

The Released Parties disclaim all liability for: (i) any failure of any website and/or platform during the Contest; (ii) any technical malfunctions or other problems of any kind, including, but not limited to, those affecting telephone network or lines, computer online systems, servers, access providers, computer hardware or software (iii) any Entry or other information which is not received, captured or stored, for any reason, including but not limited to technical problems or traffic congestion on the Internet or at any website an proof of transmission (e.g. screenshots) does not constitute proof of delivery; (iv) any injury or damage to an Entrant’s or any other person’s computer or other property related to or resulting from participation in this Contest; (v) incorrect and/or erroneous designation of a selected winner or Entrant; and/or (vi) any combination of the foregoing.

Sponsor is not responsible for late, lost, incomplete, falsified or destroyed Entries and all such Entries are void. Entries that have been falsified, tampered with or altered are void. Sponsor does not assume any responsibility for incorrect or inaccurate capture of Entry information, technical malfunctions, human or technical error, printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer lines or networks, computer equipment, software or any combination thereof. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion, and in the event of cancellation, the prizes will be awarded in a random drawing from among all eligible Entries received prior to cancellation.

Further, Released Parties are not responsible for electronic communications that are undeliverable due to any form of active or passive filtering of any kind, or due to insufficient space in Entrant’s email account preventing Entrant from receiving emails.

The Released Parties are not responsible for incorrect or inaccurate information, whether caused by an Entrant or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the transmission, receipt or processing of Entries.

13. RELEASES WAIVERS, AND DISCLAIMERS: Unless otherwise prohibited from doing so by applicable law, the Entrant agrees to the following releases:

CONTEST RELEASE: By entering the Contest, Entrants agree to forever release, discharge and hold harmless, Sponsor, Promotion Entities, their affiliates, subsidiaries, their advertising and promotional agencies and their respective directors, officers, employees, representatives, successors, assigns and agents, parent and related companies, licensors, licensees, (the “Released Parties”), from and against any and all damages, claims, injuries, death, loss and/or liability to person or property, due in whole or in part, whether directly or indirectly, to entering and participation in the Contest, including, without limitation, claims based on infringement of publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement, breach of confidence, or any other intellectual property-related cause of action.

PRIZE RELEASE: If an Entrant wins a Prize and accepts the Prize, such acceptance shall mean full satisfaction of the entitlement as an Entrant and winner in the Contest and the Entrant fully discharges and forever releases the Released Parties, of and from any and all claims, demands, losses, damages, actions or causes of action whatsoever, whether known or unknown, whether at law or in equity which they or their heirs, executors, administrators, successors or assigns may now or hereafter have against any of the Released Parties in connection with the Prize. Promotion Entities will have no liability whatsoever for any injuries, losses or damages of any kind caused by any Prize or resulting from acceptance, possession, use and/or misuse of any Prize. By participating and accepting a Prize, Entrant agrees to hold harmless Promotion Entities and each of their respective affiliates, directors, employees, officers and agents from any and all liability, injury, loss or damage of any kind, including but not limited to personal injury or death, arising from or in connection with participation in the Contest, or the awarding, receipt, possession, use or misuse of any Prize.

Entrant acknowledges, without limiting the generality of the foregoing, that the Released Parties will not be responsible for any injury, accident, death or dismemberment, or any other loss, damage or expense in connection with the use of the Prize. Refusal to accept a Prize releases the Released Parties of all responsibility and obligations toward the Entrant of such Prize. Entrant also acknowledges that none of the Released Parties has offered any representation or warranty respecting the Prizes in accordance with their terms as if the invalid or illegal provision were not contained herein.

14. RIGHTS OF SPONSOR: The Sponsor reserves the right to terminate, modify, or suspend this Contest or amend the Rules at any time and in any way, without prior notice or obligation. This includes, without limitation, if for any reason, the Contest is not capable of running as planned or if the administration, security, fairness, integrity, or proper conduct of the Contest if adversely affected. Without limitation, this includes where, in the Sponsor’s opinion, there is any suspected or actual evidence of tampering with any portion of the Contest, or if technical difficulties or any other factor including accident, printing, administrative, or any error of any kind compromises the integrity, administration, or conduct of the Contest, or for any other reason.

Any attempt to deliberately damage any website or other component, or to otherwise undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.

Sponsor reserves the right to disqualify a person if he/she enters the Contest or tries to do so by any means contrary to these Rules or which would be unfair to other Entrants or where Contest Entries are generated by any mechanical or automated means, including the supply of untruthful, inaccurate, or misleading details and/or information. Entry materials that have been tampered with, reproduced, falsified, or altered are void.

15. PUBLICITY: Entering this Contest or accepting a Prize (if applicable) constitutes permission by Entrant for the Sponsor, and its agencies to use the Entrants’ and Prize winners’, as applicable, names, cities and provinces/territories of residence, biographical information, Entry, Prize information, video, recording, voice, photograph, statements and likenesses for purposes of advertising and publicity in any and all media now or hereafter known throughout the world in perpetuity, without further compensation, notification, or permission, unless otherwise prohibited by law.

16. PRIVACY: The Sponsor respects the Entrants’ right to privacy. Personal information collected from Entrants (including but not limited to names, mailing addresses, telephone numbers, and email addresses) will be used for the purpose of administering this Contest, conducting publicity about this Contest, and enhancing and personalizing future promotional communications to Entrants. By entering this Contest, Entrants consent to Sponsor’s collection, use, and disclosure of their personal information for these purposes. For a copy of Kraft Heinz’s Privacy Promise, please call 1-800-567-KRAFT or visit www.kraftcanada.com/privacypromise(opens in a new window). Entrant’s information will be transferred to the U.S.

17. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation, and enforceability of Rules, or the rights and obligations of Entrants and the Sponsor in connection with the Contest shall be governed by, and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflicts of law principles. Any attempt by an Entrant or other individual to deliberately damage any website or undermine the legitimate operation of the Contest could be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. This Contest is subject to all federal, provincial, territorial and municipal laws.

18. LANGUAGE DISCREPANCY: Unless otherwise required by applicable law, in the event of any discrepancy or inconsistency between the English language version and the French language version of these Rules, as applicable, the English version shall prevail, govern, and control.

19. TAX: All federal, provincial/territorial, local, and other taxes on a Prize, if any, are the sole responsibility of the winner.

20. SPONSOR: Kraft Heinz Canada ULC, 207 Queens Quay West, Suite 700, Toronto, Ontario, M5J 1A7.

21. ADMINISTRATOR: Don Jagoda Associates, Inc. 100 Marcus Drive, Melville, NY 11747 USA.

Nintendo is not a sponsor, co-sponsor, or administrator of the contest.