Magic Spoon Character Contest Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

By participating and entering in the Magic Spoon Character Contest, each entrant (or a minor entrant’s parent or legal guardian on its behalf) acknowledges that he/she/they has read these Official Rules and agrees to be bound by them and by the decisions of sponsor, which are final and binding on all matters. Noncompliance with the Official Rules may result in disqualification and all associated entries will be void. Sponsor may, in its sole discretion, suspend, modify or discontinue the Contest at any time.

1. By participating in the Contest, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects.

SPONSOR: The sponsor of the Magic Spoon Character Contest (the “Contest”) is Magic Spoon Inc., 155 Avenue of the Americas 14th Floor, New York, NY 10013. Sponsor is responsible for the collection, submission or processing of Entries and the overall administration of the Contest. Entrants should look solely to Sponsor with any questions, comments or problems related to the Contest. Sponsor may be reached by email at brand@magicspoon.com during the Promotion Period.

2.  PROMOTION PERIOD: The Contest begins at 12:00 AM EST on May 8, 2025 and ends at 11:59 PM EST on May 31, 2025 (the “End Date”).

3. ELIGIBILITY: The Contest is open to legal residents of the 50 United States and Washington, D.C. (excluding residents of overseas military installations, Puerto Rico, and other US territories) who are 18 or older as of their time of entry. If you are a minor in your state of legal residence, your parent or legal guardian must agree to abide by and be bound by the Rules on your behalf. Any reference to “entrant” or “winner” in the rules shall mean, as applicable, such entrant’s or winner’s parent or legal guardian in the case of eligible entrants who are under the age of majority in his/her state of legal residence. 

VOID WHERE PROHIBITED BY LAW. Sponsor, and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees, are ineligible to enter the Contest or win a prize. Household members and immediate family members of such individuals are also not eligible to enter or win.

4. HOW TO ENTER: To enter the Contest, create your own Magic Spoon character – draw it, paint it, design it, you name it – and submit it in the Google Form here along with your name, age, location (city/state), a short bio (5 sentences max). Limit one entry per person. 

1. Entry Requirements: 

All Entries must comply with the below criteria. Noncompliance will result in disqualification.

1. Entry must be an original work created during the Promotion Period created exclusively for entry into the Contest.

2. You must own all rights to the Entry and have the right to grant Sponsor a license to use the Entry (including any material embodied in the Entry).

3. The Entry cannot contain the image or likeness of any other individual, living or dead, other than Entrant, unless Entrant has express permission from that person to use their likeness in connection with the Promotion.

4. The Entry cannot feature trademarks, logos, copyrighted works, trade dress (such as distinctive packaging or building exteriors/interiors) or any intellectual property owned by others (including but not limited to music, product packaging, photographs, sculptures, paintings and other works of art or images, published on or in websites, television, movies or other media) other than as owned by Entrant or as authorized by Sponsor for use by entrants in connection with the Contest.

5. The Entry cannot (in the sole discretion of Sponsor) advertise or promote any brand or product of any kind other than the Sponsor's, including, but not limited to, any of Sponsor's competitors, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses.

6. The Entry must be suitable for a general audience and contain only content that, in the sole discretion of Sponsor, is suitable for a general audience. Any Entry will be automatically void if it contains, in Sponsor’s sole discretion, content that is: defamatory; derogatory; disparaging; sexually explicit or suggestive; contains nudity; promotes violence, alcohol, illegal drugs, gambling, tobacco use, or firearms/weapons; promotes any particular political agenda; or otherwise obscene or offensive.

7. The Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.

8. The Entry cannot violate any law or otherwise be inappropriate.

Each entrant warrants to the Sponsor that their entry does not contravene or infringe on anyone else's copyright or other intellectual property, moral rights, privacy or publicity rights.

2. Grant of License

By submitting an Entry, each entrant grants, and represents and warrants that the entrant has the rights and authority necessary to grant, Sponsor an irrevocable, perpetual, non-exclusive, fully paid-up, sub-licensable license and right to reproduce, transmit, display, comment on, edit, modify, alter, exploit, create derivative works based upon, combine with other works (and all copyrights therein and thereto and all renewals and extensions thereof), and otherwise distribute the Entry and all elements of the Entry, including without limitation, the photo and the likeness of any persons embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission, notification, attribution, or restriction from Entrant or any third party.

5. WINNER SELECTION: One (1) Grand Prize winner will be selected by the Sponsor to have their character be used as a starting point for conceptualizing into an actual Magic Spoon character, which will then be printed on and featured on a Magic Spoon flavor. 

   The Grand Prize Winner will also receive fifty (50) boxes of Magic Spoon cereal in the form of a one-year subscription and the limited edition cereal box featuring the character based on their design (approximate retail value of $500).

Eligible entries will be judged by a panel of judges based on the following criteria: (1) consistency with Magic Spoon’s brand image and the cereal flavor; (2) visual appeal; and (3) creativity. The Grand Prize Winner will be selected on or around June 7, 2025, and, subject to winner verification, the cereal box prize will be delivered on or around December 2025. 

All results of the selection are final and binding, subject to these Official Rules. In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited. Prizes cannot be transferred, redeemed for cash or substituted by the winner. The approximate retail value (ARV) of the prize represents Sponsor’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply.

6. ODDS: Actual odds of winning depend on the number of eligible entries received.

7. NOTICE TO WINNER: Attempts to notify the potential Grand Prize Winner will be made using the email address used to submit the Entry. Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith, or Winner’s failure to adequately monitor any email account. If, despite reasonable efforts, a potential winner does not respond within one (1) week of the first notification attempt (or such shorter time as exigencies may require), or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, or he/she/they is not in compliance with these Official Rules, such potential winner will forfeit his/her/their prize and an alternate winner may be selected.

8. VERIFICATION OF WINNER: The potential Grand Prize Winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If any potential winner fails or refuses to sign and return all Prize Claim Documents within one (1) day of prize notification (or such shorter time as exigencies may require), the winner may be disqualified and an alternate winner may be selected.

9. PRIVACY. Information collected in connection with the Contest will be used in accordance with the online privacy policy available at https://magicspoon.com/pages/privacy-policy. By entering the Contest, you grant Sponsor permission to share your email address and any other personally identifiable information with the other Sponsor entities for the purpose of administration and prize fulfillment, including use in a publicly available Winners list.

10. ENTRY CONDITIONS AND RELEASE. Each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor which are binding and final in all matters relating to this Contest; (b) defend, indemnify, release and hold harmless the Sponsor and its respective parent, subsidiary, and affiliated companies, celebrities, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry. Winners acknowledge that all prizes are awarded as-is without warranty of any kind.

11. PUBLICITY: Except where prohibited or restricted by law, winner’s acceptance of prize constitutes the winner’s agreement and consent for Sponsor and any of its designees to use and/or publish winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Contest or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.

12. ENTRY COPYRIGHT. By accepting a prize, the Winner agrees that his/her/their Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he/she/they may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner 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 winner may now or later have to their Entry. Sponsor reserves the right to alter, change or modify any winning Entry, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and "Moral Rights of Authors" waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor's rights and Sponsor may at a later time request the assignment.

13. GENERAL CONDITIONS: Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Contest or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Contest or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Contest, or with any Website promoting the Contest; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Contest multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Contest, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Contest, including the entire Contest, and/or modify the Contest and/or award the prize from all eligible entries received as of the termination date.

14. DISPUTES: Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court located in New York County, New York; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

15. LIMITATION OF LIABILITY: The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error in the administration of the Contest or the processing of registrations; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. If for any reason an entrant’s registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest. No more than the stated number of each prize will be awarded.

16. WINNER LIST: To obtain any legally-required winner list (after the conclusion of the Contest) or a copy of these Official Rules, send a self-addressed envelope with the proper postage affixed to: Magic Spoon Inc., 117 Hudson St. Fl 2, New York, NY 10013. Please specify “winner's list” or “Official Rules” and the name of the Contest in your request.

1. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Meta, Facebook, Instagram, X, TikTok, and YouTube.