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