Sour Patch Prank Fund
OFFICIAL RULES
NO PURCHASE NECESSARY.
A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
OPEN TO LEGAL RESIDENTS OF THE 50
UNITED STATES, the District of Columbia and Puerto Rico, 18 YEARS AND OLDER
The Sweepstakes is no
way sponsored, endorsed, administered by, or associated with TikTok. TikTok is not affiliated
with Sponsor in any way.
1. TO ENTER:
Sour Patch Prank Fund (the “Sweepstakes”) is sponsored by Mondelēz
Global, LLC (“Sponsor”) and begins at approximately
9:00 a.m. ET on March 27, 2021, ends at 11:59 p.m. ET on April 1, 2021 (the “Sweepstakes
Period”), and includes Entry Periods as set forth below.
Starts |
Ends |
Approximate Drawing Time/Date |
Prizes Offered |
|
1 |
March 27,
2021 at 10:00 am. ET |
March 31,
2021 at 11:59 p.m. ET |
April 1
at 9:00 a.m. ET |
4 Grand Prizes + 20 Candy Prizes |
2 |
March 27,
2021 at 10:00 am. ET |
April 1,
2021 at 10:00 a.m. ET |
April 1
at 1:00 p.m. ET |
4 Grand Prizes + 20 Candy Prizes |
3 |
March 27,
2021 at 10:00 am. ET |
April 1,
2021 at 2 p.m. ET |
April 1
at 4:00 p.m. ET |
4 Grand Prizes + 20 Candy Prizes |
4 |
March 27,
2021 at 10:00 am. ET |
April 1,
2021 at 11:59 p.m. ET |
April 2,
2021 |
13 Grand Prizes + 40 Candy Prizes |
Participation
Requirements: You must have a personal TikTok
account to participate in this Sweepstakes. You may not use a corporate or shared TikTok account.
If you do not have a TikTok account, you may open one
for free at TikTok.com. When you create a TikTok Account, you are
indicating that you (or your parent or legal guardian if you are deemed a minor in the jurisdiction in which
you reside (“Minor”)) have read and agree to accept the applicable Terms of Service and Privacy
Policy for this social platform. If
you use your wireless mobile device to enter, standard message and data rates
may apply. Please consult your wireless-service provider regarding its pricing
plans prior to entering via your wireless mobile device. None of the “Promotion Parties” (defined
below in Section 3) shall be responsible for any message or data rate charges
which may apply. A wireless mobile
device is not required to enter the Sweepstakes.
Entry Requirements:
Take the following actions to receive one (1)
Sweepstakes entry:
a.
Follow
@therealsourpatchkids on TikTok;
b.
Create
a fun but safe authentic prank video to celebrate April Fool’s day
(“Video”). Your Video must follow the
following technical requirements:
i.
Must
include #SourPatchPrankFund #Sweepstakes as a text overlay to your Video;
ii.
If
you choose to include music in your Video, you must use RADIUS by Bandeauxx available from the TikTok
library. No other music track may be used;
iii.
Your
Video must not exceed two (2) minutes;
iv.
Your
Video content must not violate any of the “Video Content Restrictions” set
forth below
c.
Post
your Video on TikTok and include #SourPatchPrankFund
#Sweepstakes in your TikTok caption; and;
d.
You must keep the same TikTok
handle during the Sweepstakes Period and until the prizes are awarded (as
described in Section 4, below); and
You will receive one (1) Sweepstakes entry into
the Entry Period associated with the date and time you have entered as well as all
subsequent Entry Period drawings if your Video post complies with all of the
above requirements and the Content Restrictions stated below. Failure to comply
with any of the above requirements or the Content Restrictions will result in
disqualification of you and your entry.
Video Content Restrictions:
Your Video must be your original work, created only by
you.
Your Video must not include any minors; You must have
permission to include any other person in your Video. If requested, entrant
must be able to provide such permission in a form acceptable to Sponsor.
Your Video cannot include any content that:
(a) is disrespectful,
bullying, unduly embarrassing or humiliating;
(b) causes or could
cause physical harm to anyone, including activities that are inherently
dangerous or appear to be unsafe, or content that includes violence to anyone, firearms/weapons
(or the use of any of the foregoing);
(c) is sexually
explicit or suggestive, obscene, pornographic, contain or reference nudity or
any profanity;
(d) is derogatory or discrimatory toward any ethnic, racial, gender, religious,
professional or age group;
(e) endorses any form
of hate or hate group;
(f) mentions or include
alcohol, tabacco, marijuana, illegal drugs or its paraphernalia;
(g) refers to any particular
political agenda or message;
(h) contains
trademarks, logos (except Sponsor’s, which are not required to be included) or
trade dress owned by others, or advertise or promote any brand or product
(except Sponsor’s, which are not required to be included)) of any kind, without
permission;
(i)
contains copyrighted materials (except for the one (1) musical track expressly
permitted) owned by others without permission;
(j) contains materials
embodying the names, likenesses, photographs, or other indicia identifying any
person, living or dead, without permission; and
(k) contains any
personal identification, such as license plate numbers, personal names, e-mail
addresses or street addresses.
By posting your Video on TikTok,
you (and your parent or legal guardian, if you are a Minor) warrant and
represent that the content included does not violate any of the entry requirments or Content Restrictions stated above. Furthermore,
entrant must comply with any TikTok rules including,
without limitation, its Terms of Service and Privacy Policy. You (and your parent or legal guardian, if
you are a Minor) will indemnify and hold harmless the Promotion Parties,
defined below in Section 3, from and against any claims to the contrary.
POSTED VIDEOS REPRESENT
SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANTS AND DO NOT REFLECT THE
VIEWS/OPINIONS OF any of the Promotion Parties IN ANY MANNER.
Use of any robotic, automatic, programmed or
similar entry method will void your entry and result in disqualification. All
entries must be received during the Sweepstakes Period. In the event of dispute as to the identity or
eligibility of a potential winner, the winning entry will be declared made by
the "Authorized Account Holder" of the TikTok
account used to enter the Sweepstakes provided he/she is eligible according to
these Official Rules. The "Authoried Account
Holder" is defined as the natural person who is assigned to a TikTok account by TikTok.
2. Sponsor's Use of Videos: Posting a Video constitutes
entrant’s (and his/her parent’s or legal guardian’s, if entrant is a Minor) consent
to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license
to use, reproduce, modify, publish, create derivative works from, and display the
Video in whole or in part, on a worldwide basis, and to incorporate it into
other works, in any form, media or technology now known or later developed,
including for promotional or marketing purposes without limitation and without
further notice or approval. If requested, entrant (and his/her parent or legal
guardian, if entrant is a Minor) will sign any documentation that may be reasonably
required for Sponsor to make use of the non-exclusive rights entrant (and
his/her parent or legal guardian, if entrant is a Minor) is granting in and to
the Video. Each entrant (and his/her
parent or legal guardian, if entrant is a Minor) agrees that the products of
such use, if any, shall become the property of Sponsor and/or Sponsor’s
licensees, and shall be freely assignable by Sponsor and its licensees. Entrant
(and his/her parent or legal guardian, if entrant is a Minor) hereby agrees that he/she will not be paid or
compensated for any such use of his/her
entry by Sponsor or its designees, and further waives any “Moral Right of
Authors” (Droit Moral) in the entry.
By posting a Video,
each entrant (and his/her parent or legal guardian, if entrant is a Minor) acknowledges
that such Video is gratuitous, unsolicited, and without restriction, and will
not place any of the Promotion Parties under any obligations other than those
contained in these Official Rules, and that each Promotion Party is free to
disclose the ideas contained in the Video on a non-confidential basis to anyone
or otherwise use the ideas therein without any compensation to the entrant.
Each entrant (and his/her parent or legal guardian, if entrant is a Minor) further
acknowledges that the Promotion Parties do not waive any rights to use similar
or related ideas previously known to the Promotion Parties, or developed by their
respective employees, or obtained from sources other than the entrant. Each entrant
(and his/her parent or legal guardian, if entrant is a Minor) acknowledges that
he/she will not instigate, support, maintain, or authorize any action or
lawsuit against any of the Promotion Parties on the basis that any use of
his/her Video infringes any of his/her rights as creator of the Video.
3. ELIGIBILITY: The Sweepstakes is open to legal residents of the
50 United States, the District of Columbia (“D.C.”) and Puerto Rico, who are eighteen
(18) years of age or older at time of entry. The respective employees, officers
and directors of the Sponsor and Merkle Inc.
(“Administrator”), (collectively the “Promotion Parties”), DAVID The Agency, HMT Associates, Inc. and members
of the immediate families (defined as including spouse, biological, adoptive
and step-parents, grandparents, siblings, children and grandchildren, and each
of their respective spouses, regardless of where they reside) or households
(whether related or not) of any of the above are not eligible to participate in
the Sweepstakes. Void outside the 50 United States, D.C. & Puerto Rico, and
where prohibited.
4. SWEEPSTAKES DRAWINGS: Administrator
is an independent judging organization whose decisions are final and binding in
all matters related to the Sweepstakes, including but not limited to those
related to the selection of the potential winners. Administrator will select
potential winners in random drawings from all eligible entries received for
each Entry Period on or around the dates & times listed in Section 1. Potential
winners will be notified by Sponsor @therealsourpatchkids through TikTok and will be directed to a secure website where they will
be required to provide their name, date of birth, valid email address and
mailing address within three (3) days of the date notice or attempted notice is
sent as a condition of claiming the prize. All potential Grand Prize winners
(or parent/legal guardian if winner is a minor in his/her state of residence)
will be required to sign and return a Declaration of Compliance, Liability
Waiver and where not prohibited a Publicity Release ("Declaration")
which must be received by Administrator within three (3) days of the date
notice or attempted notice is sent, in order to claim the prize. If a potential
winner cannot be contacted, fails to complete the Delcaration
or provide the requested information within the required time period, or if a prize
notification or prize is returned as undeliverable, the applicable prize will
be forfeited and may be awarded to an alternate winner in a random drawing from
among all remaining eligible entries. Unclaimed Candy Prizes will not be awarded. All prizes claimed properly in accordance
with these Official Rules will be fulfilled within approximately 8-10 weeks of
the end of the Sweepstakes.
Odds of winning a prize will depend on the
number of eligible entries received during the Sweepstakes Period prior to each
drawing. Receiving a prize is contingent upon compliance with these Official
Rules. Limit: one (1) prize per
person.
5. PRIZES AND APPROXIMATE RETAIL VALUES
(“ARV”): TWENTY-FIVE
(25) GRAND PRIZES (awarded throughout all of the drawings
as set forth in Section 1): A check for
$1,000 and one (1) 8 oz SOUR PATCH Kids pack.
ARV: $1,001.29 ONE HUNDRED (100) CANDY PRIZES (awarded
throughout all of the drawings as set forth in Section 1): Each prize is one (1) 8 oz SOUR PATCH
Kids pack. ARV: $1.29.
Prizes are non-transferable
and no substitution or cash redemption will be allowed except as provided
herein or at the Sponsor’s sole discretion. Sponsor may substitute a prize of
equal or greater value if the advertised prize becomes unavailable. Total
ARV of all prizes is $25,161.25.
No more than the
stated number of prizes will be awarded for any reason. If the number of prize
notifications exceeds the stated number of prizes, the stated number of prizes
will be awarded from among all recipients of such notifications.
6. GENERAL RULES: All income taxes
resulting from acceptance of prizes, if any, are the responsibility of the
winners. By entering Sweepstakes,
entrants (and their parents/legal guardians if entrants are Minors) accept and
agree to these Official Rules and the decisions of the Administrator. By entering
Sweepstakes, entrants, (and their parents/legal guardians if entrants are Minors)
further agree to release and hold Promotion Parties, TikTok,
their respective parents, subsidiaries, affiliates, directors, officers,
employees and assigns, promotion agencies and agents harmless from and against
any and all claims and liability arising out of participation in the
Sweepstakes or use or redemption of a prize (if applicable). Acceptance of a prize constitutes winner’s (and
his/her parent’s or legal guardian’s, if winner is a Minor) permission to the
Promotion Parties to use winner’s name, likeness (and biographical information)
for marketing purposes in all media worldwide without limitation or further
compensation, notice or right of approval, unless prohibited by law. Promotion Parties are not responsible for
lost, misdirected, garbled or late entries, or for technical, hardware or
software malfunctions, lost or unavailable network connections, or failed,
incorrect, inaccurate, incomplete, garbled or delayed electronic communications
whether caused by the sender or by any of the equipment or programming
associated with or utilized in this Sweepstakes, including but not limited to
the TikTok platform’s equipment or programming, or by
any human error which may occur in the transmission, receipt or processing of
the entries in this Sweepstakes, the administration of the Sweepstakes or the
announcement of winners. If, in the Administrator’s opinion, there is any
suspected evidence of tampering with any portion of the Sweepstakes, or if
technical or other difficulties compromise the integrity and proper conduct of
the Sweepstakes, the Sponsor reserves the right to modify or terminate the Sweepstakes
in a manner deemed reasonable by the Sponsor and Administrator, at the
Sponsor’s sole discretion. If terminated prior to stated end date of the Sweepstakes
Period, the prizes
will be awarded in a random drawing from among all eligible, non-suspect
entries received as of the date/time of termination. All federal, state and
local laws apply.
7. WAIVER AND DISPUTES: Except where prohibited, each entrant (and his/her
parent/legal guardian if the entrant is a Minor) agrees that: (1) any and all
disputes, claims and causes of action arising out of or connected with this
Sweepstakes or any prize awarded
shall be resolved individually, without resort to any form of class action, and
exclusively by the United States District Court for the Eastern District of
Michigan (Southern Division) or the appropriate Michigan State Court located in
Oakland County, Michigan; (2) any and all claims, judgments and awards shall be
limited to actual out-of-pocket costs incurred, including costs associated with
entering this Sweepstakes, but in no event attorneys’ fees; and (3) to the
extent allowed by applicable law, under no circumstances will entrant be
permitted to obtain awards for, and entrant (AND HIS/HER PARENT/LEGAL GUARDIAN IF ENTRANT IS A
MINOR) hereby waives all rights to claim, indirect, 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 Sweepstakes, shall be governed
by, and construed in accordance with, the laws of the State of Michigan without
giving effect to any choice of law or conflict of law rules (whether of the
State of Michigan or any other jurisdiction), which would cause the application
of the laws of any jurisdiction other than the State of Michigan. Furthermore,
entrant (AND HIS/HER PARENT/LEGAL
GUARDIAN IF ENTRANT IS A MINOR) and each of the Promotion Parties hereby
waive, to the fullest extent permitted by applicable law, any right THEY may
have to a trial by jury in respect of any claim or dispute arising from or
relating to the Sweepstakes or these Official Rules.
The invalidity or unenforceability of any
provision of these Official Rules shall not affect the validity or
enforceability of any other provision. In the event that any provision is
determined to be invalid or otherwise unenforceable or illegal, these Official
Rules shall otherwise remain in effect and shall be construed as if the invalid
or illegal provision were not contained herein.
In the event there is a discrepancy or
inconsistency between disclosures or other statements contained in any
Sweepstakes-related materials or notifications and these Official Rules, these
Official Rules shall prevail, govern and control.
8. WINNERS' LIST: For a winner list, visit https://bit.ly/2P5ZHXQ. The winner list will be posted after winner
confirmation is complete.
9.
SPONSOR:
Mondelēz
Global LLC, 100 Deforest Avenue, East Hanover, NJ 07936.
SWEEPSTAKES ADMINISTRATOR: Merkle
Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
All trademarks
used herein are the property of their respective owners.
Any questions,
comments or complaints regarding this Sweepstakes must be directed to the
Sponsor or Administrator only, and NOT to TikTok.