MiO “Drop Year” Contest

Official Rules

 

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

 

This Contest is in no way sponsored, endorsed, or administered by TikTok Inc.

 

1. Eligibility: The MiO “Drop Year” Contest (the “Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old (or 19 years old in Alabama and Nebraska) at the time of entry. Employees of Kraft Heinz Food Company, Vayner Media, Merkle Inc., and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.     

 

2. Sponsor: Kraft Heinz Food Company, 200 E Randolph, Chicago, IL 60601. Administrator: Merkle Inc., 3000 Town Center, Floor 21, Southfield, MI 48075.

 

3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning the prize is contingent upon fulfilling all requirements set forth herein, including consent to a confidential background check to confirm potential winner’s eligibility and compliance with these Official Rules. Due to the nature of the prize offered, if a background check reveals that a potential winner has engaged in conduct that could damage the reputation of or reflect unfavorably on Sponsor or any of the Released Parties, as determined by Sponsor in its discretion, the potential winner may be disqualified.

 

4. Timing: The Contest begins on June 15, 2022 at 12:00 a.m. Eastern Time ("ET") and ends on June 29, 2022 at 11:59 p.m. ET (the "Contest Period"). TikTok’s servers are the official time-keeping devices for the Contest.

 

5. How to Enter:

Participation Requirements: To participate, you will need to have a public TikTok account and make sure that your privacy settings allow for friends to direct message you. Creating a TikTok account is free but subject to its terms and conditions. If you use your wireless carrier’s network when creating your entry, standard data charges from your wireless carrier may apply. 

 

Entry Requirements: During the Contest Period, take the following actions to receive an entry:

(a) Follow @drinkmio on TikTok;

(b) Create a video (up to 1 minute long) that describes what gaming means to you and what’s bold about your game play. You must use the use the “Drop Year by MiO” custom sound available within the TikTok library. See Guidelines, Permissions, and Content Restrictions below for further requirements regarding the content of your video;

(c) Upload your video to TikTok and include the hashtag #Contest in your original caption to your TikTok post (herein your “Submission”).

(d) Your account settings must remain public during the Contest Period and until the prize is awarded (as described in Section 8); and

(e) You must not change your TikTok handle or modify your privacy settings during the Contest Period and until the prizes are awarded (as described in Section 8).

 

 

 

Guidelines: 

·       The Submission must meet the format, and size requirements of the social platform used to enter; and

·       The Submission must be in English and no longer than 1 minute.

 

Permissions: Entrant must have permission from any recognizable individuals who appear in the Submission to use their names and likenesses in the Submission and to grant the rights set forth herein. Minors may only be included in the Submission if entrant is their parent or legal guardian. If requested, entrant must be able to provide such permissions or proof in a form acceptable to Sponsor.

 

Content Restrictions:

·       The Submission must be your original work;

·       The Submission need not include any reference, positive or negative, to Sponsor’s products or services. Including such a reference or image in your post will not improve your chances of winning;

·       The Submission must not convey any claims of Sponsor’s products or services that would be deemed unsubstantiated or deceptive if made by Sponsor;

·       The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity, or intellectual property rights that constitutes copyright or trademark infringement. Therefore the Submission must not contain content created by a third party, such as music (other than the custom sound provided by @drinkmio in the Contest Posts), images or artwork, or brand names or trademarks other than those owned by Sponsor;

·       The Submission must not disparage Sponsor, or any other person or party;

·       Submission must not promote or reference alcohol, illegal drugs, tobacco, or firearms/weapons, any activities that are or appear to be dangerous, or any political agenda;

·       The Submission must not contain material that is inappropriate, offensive, indecent, obscene, sexually explicit, tortious, defamatory, slanderous or libelous;

·       The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and

·       The Submission must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any state where Submission is created.

 

By posting a Submission that follows all of the requirements listed above, you will receive one (1) entry into the Contest. Sponsor, in its sole discretion, may disqualify your Submission if it believes that it fails to conform.

 

Limit: Submissions generated by script, macro or other automated means are void. Multiple entrants are not permitted to share the same TikTok account. In the event of a dispute as to any registration, the authorized account holder of the TikTok account used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses used to create the TikTok account. The potential winner may be required to show proof of being the authorized account holder. Released Parties (as defined in Section 10, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed, or misdirected Submissions or failure to receive Submissions due to limitation of third-party social network platforms; all of which will be void. 

 

6. Sponsor's Use of Submissions: Posting a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions 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. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. 

 

7. Winner Determination: During the Judging Phase, a panel of qualified judges determined by Sponsor in its sole discretion will select the entrant with the highest-scoring Submission from among all eligible Submissions based on the following criteria (“Judging Criteria”):

 

·       Passion for gaming demonstrated by entrant in the Submission (34%);

·       Personality and presence of entrant as demonstrated in the Submission (33%); and

·       Quality of the Submission (33%)

 

.

In the event of a tie, the entrant whose Submission received the highest score for Passion for Gaming demonstrated by entrant in the Submission as determined by the qualified judges, in their sole discretion, will be deemed the applicable potential winner from among the tied entrants. Sponsor reserves the right not to select a winner if, in its sole discretion, a sufficient number of qualified Submissions. Sponsor will not disclose judging scores.

 

8. Winner Requirements: On or around July 12, 2022, potential winner will be notified by @drinkmio on TikTok and will be directed to a secure online claim form and asked to provide his/her name, mailing address and date of birth to confirm eligibility and for prize fulfillment purposes within 3 days of the date notice or attempted notice is sent to claim the prize. Next, the potential winner will be required to sign and return a Declaration of Compliance, Liability Waiver and, where not prohibited, a Publicity Release including consent to agree to a confidential background check ("Declaration"), which must be received by Administrator, within four (4) days of the date notice or attempted notice is sent, in order to claim his/her/the prize. If a potential winner of the prize cannot be contacted, fails to sign and return the Declaration or provide any other requested information within the required time period, or the prize is returned as undeliverable, the potential winner forfeits the prize. If the background check reveals that a potential winner has engaged in conduct that could damage the reputation of Sponsor or any of the Released Parties, as determined by Sponsor in its discretion, Sponsor may disqualify potential winner. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion. Only three (3) alternate winners may be determined, after which the prize will remain un-awarded. 

 

9. Prize: ONE (1) GRAND PRIZE: A $50,000 check, the following MiO-branded gaming merchandise: one (1) gaming chair, one (1) set of gaming headphones, one (1) neon wall art, one (1) mini-fridge, and one (1) gaming jersey, a variety pack of fifty-two (52) MiO bottles (1.62 fl oz.), two (2) gaming monitors, one (1) webcam for streaming, and a $1,000 gaming gift card (gaming retailer will be determined at Sponsor’s sole discretion). Approximate Retail Value (“ARV”): $54,240.

 

Winner will be required to collaborate with Sponsor to create “Branded Content” (1 photo and 1 video each month) featuring the branded merchandise included in the prize package that Sponsor may share (in its discretion) on social platforms (See Section 11 below) for a six-month period after the conclusion of the Contest.  Sponsor is not obligated to repost any content that Winner provided. In addition, the winner will have the opportunity to meet and consult with brand influencer(s) (date, time, and timing to be determined by Sponsor).

 

All details of branded merchandise and electronic prizes will be determined by Sponsor.  The actual value of electronic prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Prize is non-transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Prize will be fulfilled 8 – 10 weeks after the end of the Contest.  

 

10. Release: By receipt of any prize, winner agrees to release and hold harmless the Sponsor, Vayner Media, TikTok Inc., Administrator, and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, third-party intellectual property infringement, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.  

 

11. Publicity Acceptance of any prize shall constitute and signify winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, Branded Content including winner’s TikTok profile photo, Submission, and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. 

 

12. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest if any fraud, technical failures, human error, any other factor impairs the integrity or proper functioning of the Contest, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Contest, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winner from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above.  Sponsor may also modify the prizes offered. In addition, Sponsor reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated entries. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

 

13. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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. Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled, or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submission.

 

14. Disputes: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and 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 exclusively by the United States District Court for the Eastern District of Michigan 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 Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant 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. 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 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.

 

15. Entrant's Personal Information: Information collected from entrant is subject to The Kraft Heinz Company Privacy Policy.

 

16.  Winner List: For a winner list, click HERE. The winner list will be posted after winner confirmation is complete.

 

© 2022 Merkle Inc. All rights reserved.

 

This promotion is in no way sponsored, endorsed or administered by, or associated with, TikTok Inc.