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Anywhere You Go - #gocupgo

Post to Instagram!Post a photo of you and your Go Cup to Instagram with the hashtag #GOCUPGO for a chance to win one of many prizes.

Hurry and get started! Photos must be submitted between now and November 3, 2013.

The new KFC GoCup

The KFC “Go Cup Go” Instagram Contest
Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE OR NOT LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. INSTAGRAM ACCOUNT REQUIRED FOR ENTRY.

The KFC “Go Cup Go” Contest (the “Contest”) is sponsored and administered by KFC Corporation, 1441 Gardiner Lane, Louisville, KY 40213 (“KFC” or “Sponsor”).

CONTEST PERIOD: The Contest starts on September 30, 2013 at 8:00:00 a.m. Eastern Time (“ET”) and ends on November 3, 2013 at 11:59:59 p.m. ET (“Contest Period”). Entries must be received during the Contest Period. Sponsor’s computer is the official timekeeping device for the Contest.

ELIGIBILITY: Contest is open to legal residents of the United States and the District of Columbia, who are at least the age of majority in their state of residence at the time of entry. Employees of Sponsor, KFC National Council and Advertising Cooperative, Inc. (“NCAC”), and their respective parents, subsidiaries, affiliates, members, franchisees and licensees, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void in Puerto Rico and where prohibited by law. The Contest is subject to all applicable federal, state and local laws. This Contest is in no way sponsored, endorsed, or administered by, or associated with Instagram, Polaroid or ALM. You understand that you are providing your information to Sponsor and not to Instagram. The information you provide will be used in accordance with Sponsor’s privacy policy, located at http://www.kfc.com/about/privacy.asp. If you are selected as a winner, your information may also be included in a publicly-available winner’s list. Any questions, comments or complaints regarding this Contest shall be directed to Sponsor and not to Instagram.

HOW TO ENTER: To enter, see the Contest details at Sponsor’s Contest website, www.kfc.com/gocup. Then follow the entry procedures to enter the Contest from your Instagram account. In order for your Photo to be eligible for the contest, on your Instagram profile page, turn “Posts are Private” off. By making this change to your profile , you understand that all future posts on Instagram will be visible to the public. If you would like your photo to be tagged on the #gocupgo map feature, in the Privacy setting of your Instagram account, turn “Location Services” on. By making this change to your privacy settings, you understand that all future posts on Instagram will be tagged with your location. On your Instagram account page, select the photo you wish to submit and share your photo by adding the #Gocupgo hashtag in the comments section. You may also add a short description of the photo in the comments section, if desired. Your Entry may appear (pending approval by Sponsor at Sponsor’s sole discretion) on Sponsor’s Contest Gallery webpage at www.kfc.com/gocup/gallery.asp. By entering the Contest, each entrant (“Entrant” or “You”) agrees to abide by these Official Rules. All Entries (as defined below) will be judged equally as described below and are subject to the requirements, such as file size and character limits for submissions of each method of entry. Each Entry submitted must be substantially different from any previous Entry as determined in Sponsor’s sole discretion. Multiple submissions of the same Entry does not increase chances of being chosen as a Finalist.

By submitting an Entry in the Contest, you hereby warrant and represent that your Entry conforms to the requirements set forth in these Official Rules.

There is a limit of ten (10) Entries per person and Instagram account per day. If more than ten (10) Entries are submitted for a person or using the same Instagram account during one day, only the last 10 Entries submitted within the twenty-four hour period will be considered and all previous Entries submitted for that person or from that Instagram Account will be void. If you choose to access Instagram using your mobile phone, data rates may apply. See your wireless provider for pricing plan details. Entries generated by script, macro or other automated means or by any means which subvert the Entry process are void. An Instagram account is required to enter. Should multiple users of the same Instagram account enter the Contest and a dispute thereafter arises regarding the identity of the Entrant, the authorized account holder of said Instagram account at the time of Entry will be considered the Entrant. “Authorized account holder” is defined as the natural person who is assigned the Instagram account by Instagram.

By submitting an Entry, Entrant hereby grants permission for the Entry to be posted, along with his/her Instagram User ID on the Sponsor’s webpage (www.KFC.com/gocup). Sponsor is not required to post Entrant’s Entry at the webpage and can remove the Entry at any time for any reason. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entry. Entrants agree that they will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks, without the express written consent of Sponsor in each instance.

  1. REQUIREMENTS OF ENTRIES: In addition to the above requirements, the Entry must comply with the following requirements:
    1. Submitted Instagram image must contain a Go Cup in the photo.
    2. #Gocupgo must appear in the comments of the shared photo in Instagram.
    3. All Photos contained in Entries must be in either .jpg or .gif file format.
    4. The Entry may not contain any content that is lewd; obscene; sexually explicit; pornographic; disparaging; defamatory; libelous; violent; or derogatory of any ethnic, racial, gender, religious, professional or age group or that otherwise contains inappropriate content or objectionable material as determined by Sponsor in its sole and unfettered discretion.
    5. The Entry may not show or promote unlawful activities or any activities that may appear unsafe or dangerous.
    6. The Entry must be the Entrant’s original work, created solely by the Entrant, and must not infringe the copyright, trademark, privacy, publicity, or other intellectual property rights of any person or entity.
    7. If any persons other than Entrant appear in the Entry, the Entrant shall obtain, prior to sending the Entry, any and all releases and consents necessary to permit the exhibition and use of the Entry as set forth in these Official Rules. If any person appearing in any Entry is under the age of majority in their state of residence, Entrant shall obtain the signature of a parent or legal guardian approving such minor’s appearance in the Entry and the use of such Entry as set forth herein.
    8. The Entry must not contain any personally identifiable information of any person other than the Entrant. Should the Entrant include personally identifiable information about him/herself in his/her Entry, Entrant acknowledges and agrees that such information will be disclosed publicly and Entrant is solely responsible for any consequences thereof.
    9. Entrants may not, nor may any person appearing in any Entry: 1) be represented under contract (e.g., by a talent agent or manager) that would limit or impair Sponsor's or NCAC’s ability to display the Entry in any media form; 2) have an acting, modeling or other contract or other obligation that would make their appearance in the Entry a violation of any third party rights; or 3) be under any other contractual relationship, including but not limited to guild and/or union memberships, that may prohibit such person from participating fully in this Contest, or from allowing Sponsor or NCAC to use royalty-free, the Entry worldwide in all media in perpetuity.
    10. The Entry must not contain any third-party commercial content or logos, other than the Sponsor Assets as permitted by these Official Rules.
    11. The Entry may not have been previously published and may not have won previous awards.
    12. The Entry may not contain any material or elements that are not owned by the Entrant and/or which are subject to the rights of third parties, other than the Sponsor Assets as permitted by these Official Rules.

Each Entrant acknowledges that other Entrants may have used ideas and/or concepts in their Entries that may be similar in idea or concept to what is included in Entrant’s Entry. Each Entrant understands and agrees that he/she shall not have any claim against any other Entrant or any Released Party arising out any such similarity or be entitled to any compensation because of any such similarity.

Sponsor grants to eligible entrants a limited, revocable, non-sublicensable, license to use KFC Go Cups, and the intellectual property contained thereon, solely in the form contained thereon (collectively, the “Sponsor Assets”) for the sole purpose of creating and submitting an Entry for review and assessment in this Contest, and Entrants may make no further use whatsoever of the Sponsor Assets or any Entry containing Sponsor Assets for any purpose whatsoever. In addition, Entrant recognizes all of Sponsor’s right, title, and interest in the Sponsor Assets, and Entrant must not take and agrees not to take any action that might harm or adversely affect Sponsor’s rights. No right, title, or interest in and to the Sponsor Assets, except for the limited license granted to entrant in these Official Rules, is transferred or created.

ALL ENTRANTS MUST USE CAUTION AND COMMON SENSE IN CREATING THEIR ENTRIES. BY PARTICIPATING, ENTRANTS ACKNOWLEDGE AND AGREE THAT NEITHER SPONSOR NOR ANY OF THE RELEASED PARTIES (DEFINED BELOW) WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO BODILY INJURY OR DEATH, CAUSED BY OR IN CONNECTION WITH PARTICIPATION IN THIS CONTEST.

DETERMINATION OF WINNERS: All eligible Entries will be reviewed and judged equally by a panel of judges chosen by Sponsor in its sole discretion, based on the factors of creativity (60%), and uniqueness of entry and location of photo (40%). These factors will be considered as indicated above and each Entry will be assigned a point score for each factor based upon scoring criteria determined by Sponsor in its sole discretion. In the event of a tie, the tie breaker will be based upon the highest score in the first judging criteria, continuing thereafter to each judging criteria in order, as needed, to break the tie. In addition to this review of eligible Entries, Sponsor or its designees shall have the right to conduct additional review and judging, based on the factors named above, through telephone or web interviews with potential Grand Prize Winners. Potential Grand Prize Winners must agree to be reasonably available for such interviews and understand that such interviews may be recorded by Sponsor or its designee and used by Sponsor or its designees in connection with the Contest without further compensation, approval or notice.

Each week, the five Entrants among all eligible entries received by 11:59:59 pm EDT each Sunday night during the Contest Period (October 6, 13, 20, 27, November 3), whose Entries receive the five highest cumulative point scores for all judging criteria awarded by the judges will be deemed potential weekly winners (“Weekly Winners”). Each potential Weekly Winner in compliance with the requirements of these Official Rules will receive a Weekly Prize (as defined below). At the end of the entry period, Sponsor will designate the five (5) Entries from among the Weekly Winners that receive the highest cumulative point scores for all judging criteria awarded by the judges, which Entries are each a potential grand prize winner (“Grand Prize Winner”). Each potential Grand Prize Winner in compliance with the requirements of these Official Rules will receive a Grand Prize as defined below. Sponsor reserves the right to (a) choose fewer than five Weekly Winners per week, (b) fewer than five Grand Prizes Winners and (c) to award fewer than the total number of weekly prizes and Grand Prizes if it does not receive a sufficient number of eligible and qualified Entries.

Potential Weekly Winners and potential Grand Prize Winners will be notified by direct message, email, and/or reply to Entry via Instagram. No Entry or Grand Prize Winner’s participation in the Contest shall bring, or be likely to bring, Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest or any person or entity involved with the Contest, in each case as determined by Sponsor in its sole discretion. Any and all prizes may be forfeited and an alternate winner selected for any Entry not in compliance with these Official Rules. Sponsor is not responsible for any change to any Entrant’s e-mail address, Instagram account contact information and/or telephone number. Potential Grand Prize Winners may be required to complete and return an affidavit of eligibility, liability/publicity waiver and Agreement to Follow Social Correspondent Guidelines within fourteen (14) days of receipt. If (a) Sponsor is unable to contact a potential Grand Prize Winner after making reasonable efforts to do so, (b) a potential Grand Prize Winner fails to respond or to take possession of a prize within a reasonable time frame, or (c) a potential Grand Prize Winner is found not to be eligible or not in compliance with these Official Rules, then the potential Grand Prize Winner may be disqualified, the prize may be forfeited and an alternate winner selected, (who will be the eligible Entrant that received the next highest cumulative point score for all judging criteria), in each case in Sponsor’s sole discretion. The awarding of the prizes is subject to verification of eligibility and compliance with these Official Rules. Winners will be announced, after verification of eligibility, on or before November 11, 2013.

PRIZES:

Grand Prize (5): Sponsor will award each Grand Prize Winner a choice of one of the following prizes: (a) one (1) Polaroid Z2300 Digital Camera OR (b) one (1) iPhone Compatible Prize Pack (Handheld Video Rig, 8x Optical Zoom Telescope Camera Lens kit, tripod and case compatible with iPhone 5/5s). Each Grand Prize Winner’s Entry will be featured in a KFC on-line or social media photo feature within one year of the conclusion of the Contest. KFC will follow each Grand Prize Winner on Instagram and each Grand Prize winner will be designated a “KFC Social Correspondent” for the period of one year. For no additional consideration beyond the Weekly Prize and Grand Prize received by such winner in connection with this Contest, KFC will use at least one digital photograph that is submitted by each Grand Prize winner to the KFC Instagram account, @KFC, in on-line or social media photo feature within one year of the conclusion of the Contest.

Approximate Retail Value (“ARV”) of each Grand Prize: $250.00 (Two Hundred and Fifty Dollars).

Weekly Prize (25): Weekly Winners will receive one “Go Cup” prize package of two (2) Clean Cling screen cleaner, one (1) pair of #GoCupGo Sunglasses and KFC Gift Checks in the amount of Forty dollars ($40.00). Total ARV for each Weekly Prize: $80.00. Limit one Weekly Prize per person.

Prizes will be delivered by mail to the Weekly Prize and Grand Prize winners. Prize winners must provide their mailing address for this purpose.
KFC Gift Checks are redeemable toward the purchase of KFC products only at participating restaurants in the United States and District of Columbia, may not be redeemed for cash and are subject to terms and conditions specified by the NCAC.

ARV of all Grand Prizes: $1,250.00

ARV of all Weekly Prizes: $2,000.00

Total ARV of all prizes: $3,250

EACH PRIZE IS AWARDED WITH NO WARRANTY OR GUARANTEE, EITHER EXPRESS OR IMPLIED BY SPONSOR OR THE NCAC. Winners may not substitute, assign or transfer prizes or redeem prizes for cash, but Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used. Winners will be issued an IRS 1099 form for the prizes valued at over $600. Unclaimed prizes will not be awarded.

GENERAL CONDITIONS: BY SUBMITTING AN ENTRY, YOU ACKNOWLEDGE AND AGREE THAT YOUR ENTRY MAY BE POSTED ON SPONSOR’S WEBPAGE (www.KFC.COM/GOCUP), IN SPONSOR’S SOLE DISCRETION. You further acknowledge and agree that Entries which are posted on Sponsor’s webpage page have not advanced in the reviewing or judging process and may not be winners. By participating, each Entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor and its designees, which shall be final and binding in all respects relating to this Contest; (b) to release, discharge, defend, indemnify and hold harmless the Released Parties from any and all injuries, liability, losses and damages of any kind, including death, to persons or property resulting, in whole or in part, directly or indirectly, from Entrant’s participation in the Contest or any Contest-related activity or the acceptance, possession, use or misuse of any awarded prize, including any travel related thereto; (c) under no circumstances will Entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (d) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (e) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs; and (f) to the use of his/her name and Entry for programming, advertising, publicity and promotional purposes in any and all media, including but not limited to future packaging, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor, NCAC and their designees, without compensation (unless prohibited by law) or additional consents from Entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use. By participating, Entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Contest without the prior consent of the Sponsor and NCAC, which either may withhold in its sole discretion.

By submitting an Entry, you warrant that (i) the Entry does not violate any law or regulation or any right of any third party, including those laws, regulations, and rights related to copyrights, trademarks, publicity, or privacy, (ii) you have followed these Official Rules and have the right to grant the rights to an Entry as provided in these Official Rules, (iii) the Entry has not been published or submitted in any other competition; (iv) the Entry is your original work or a work you have the right to use; (v) the Entry has not won previous awards; (vi) you have obtained permission from any person whose name or likeness is used in the Entry, including without limitation the releases and consents set forth in these Official Rules; and (vii) that publication of the Entry via various media including Web posting, will not infringe on the rights of any third party. Any such Entrant will indemnify and hold harmless the Released Parties from any claims to the contrary. Any Entrant whose work includes likenesses of third parties or contains elements not owned by the Entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including NCAC’s and Sponsor’s use of such Entry, in a form satisfactory to Sponsor, upon request, prior to award of prize and/or naming of Entrant as a winner. Further, by submitting an Entry, You grant permission for NCAC and its designees, including without limitation Sponsor, to publish, post, adapt, edit, display, and/or modify or otherwise use the Entry in any form, in any manner, and in any media, without any time or territorial limitation, deemed appropriate by NCAC or such designees, without compensation of any kind to you. You further agree that submission of an Entry is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose or otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than Entrant. Sponsor reserves the right to screen Entries, but may post Entries to Sponsor’s Facebook page without editing or other prior review. Entrants acknowledge that Sponsor has no obligation to use or post any Entry you submit.

If you think that any Entry infringes your intellectual property rights, please Click Here.

ENTRIES POSTED TO THE SPONSORS WEBPAGE WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to, and may or may not, monitor/screen Entries prior to posting them to the Website. By entering, you acknowledge that all Entries become the property of NCAC and will not be returned, and that Sponsor has no obligation to use or post any Entry you submit.

Entrant’s entry into the Contest and the acceptance of a prize, if any, each further constitutes the Entrant's consent to irrevocably assign and transfer to NCAC any and all rights, title and interest in the Entry, including, without limitation, all copyrights. Entrant agrees that his/her 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 Entrant hereby irrevocably assigns and transfers to NCAC 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 or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Entrant hereby waives in favor of NCAC and its designees, including without limitation 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. NCAC reserves the right for NCAC and its designees, including without limitation Sponsor, to alter, change or modify the winning Entry, in its sole discretion. Upon request of Sponsor, Entrant 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 NCAC’s or Sponsor’s rights and Sponsor may at a later time request the assignment. Sponsor reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Contest Period, to request that any Entrant resubmit his or her Entry which fails to comply with the Contest entry requirements prior to any judging period. Except where prohibited by law, each Entrant grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor and its designees, including without limitation NCAC, and those acting under its or their authority to use his/her name, photograph, voice and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation.

MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries, or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), websites, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Entries, the announcement of the prize, or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of websites. Persons who tamper with or abuse any aspect of the Contest or websites, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention 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 (or portion thereof) and, if terminated, at its discretion, select the potential winners as deemed fair and equitable by the Sponsor. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE WEBSITES OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND NCAC EACH RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

GOVERNING LAW: By entering, you agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant, Sponsor and NCAC in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Kentucky without giving effect to any choice of law or conflict of law rules (whether of the State of Kentucky or any other jurisdiction). By entering, you consent to the jurisdiction and venue of the federal and state courts located in Jefferson County, Kentucky.

REQUEST FOR WINNER’S NAME: For the name of the winners (available after November 11, 2013), send a self-addressed, stamped, envelope to: The KFC “Go Cup Go” Instagram Contest, c/o KFC Public Relations, 1900 Colonel Sanders Lane, Louisville, KY 40213. Requests must be received by January 2, 2014.

SPONSOR: KFC Corporation, 1441 Gardiner Lane, Louisville, KY 40213

Abbreviated Rules: Instagram account required. Begins 9/30/13 & ends on 11/3/13. Open to legal residents of the U.S. & D.C.; who have reached the age of majority in their state of residence. See Official Rules at www.KFC.com/Gocup for complete details. All entries must contain #GoCupGo. Void where prohibited.

This Contest is in no way sponsored, endorsed, or administered by, or associated with Instagram, Polaroid or ALM.

KFC is a registered trademark of KFC Corporation.

©2013 NCAC. All rights reserved.


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