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. 

 

Entry Period

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.