Official Rules

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

ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

1. Eligibility: Old El Paso Twister Sweepstakes (the “Sweepstakes”) is open only to individuals who are legal residents and physically located in one (1) of the fifty (50) United States (including District of Columbia) and who are at least eighteen (18) years old at the date and time of entry. Employees, officers and directors of General Mills Sales, Inc. (“Sponsor”), The Kroger Co., VMLY&R Commerce, Merkle Inc. (“Administrator”), and each of their respective parent and affiliate companies, members, advertising and promotion agencies and distributors and other prize suppliers (collectively, “Sweepstakes Entities”), as well as the immediate family (i.e., spouse, parents, siblings, children and grandchildren) and those living in the same household of each such employee, officer or director (whether legally related or not) are not eligible to enter or win a prize in this Sweepstakes. The Sweepstakes is void where prohibited. Participation 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 the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor: General Mills Sales, Inc., One General Mills Blvd., Minneapolis, MN 55426. Administrator: Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.

3. Timing: The Sweepstakes begins at 12:00 a.m. Eastern Time (“ET”) on March 30, 2023 and ends at 11:59 p.m. ET on May 21, 2023 (the “Promotion Period”). Administrator’s designated clock is the official time-keeping device for the Sweepstakes.

4. How to Enter:

Participation Requirements: To participate, you will need to have a personal TikTok account. Creating a TikTok account is free but is subject to its Terms and Conditions. Your account privacy must be set to allow for friends to direct message you so we may communicate with you if you are a winner. If entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.

Entry Requirements: During the Promotion Period, take the following actions to receive an entry: (a) Follow @oldelpaso_official on TikTok; (b) Visit http://oepfiestatwistschallenge.com (the “Website”). You may do so by going directly to the website or by scanning the QR Code printed on marketing materials using your web-enabled mobile device; data charges may apply. Then, follow the links and instructions to video-record yourself saying one (1) of the five (5) tongue-twisters available on the Website; (c) Upload your video to your personal TikTok account by: (i) clicking on the button made available on the Website in order to share directly to TikTok; or (ii) download your video from the Website and then upload to your TikTok account. You must include #OEPTwisterSweepstakes as a text overlay to your post, and you must also include #OEPTwisterSweepstakes in the original caption to your post; (d) Your post need not include any reference, positive or negative, to Sponsor’s products. Including such a reference will not improve your chance of winning. However, your post must not violate any of the Content Restrictions for your Entry listed below; (e) Your account settings must be public when you post and remain public until the prizes are awarded (as described in Section 6); and (f) You must not change your TikTok handle once you post to enter this Sweepstakes and until the prizes are awarded (as described in Section 6).

NOTE: Posts where #OEPTwisterSweepstakes is included in a comment rather than the caption of the original post will not be deemed entries.

Content Restrictions for your Entry:

· Your post must be your original work and may only include yourself;

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

· Your post must not disparage Sponsor or any other parties;

· Your post must not display material that violates or infringes another’s rights, including, but not limited to, contract, privacy, publicity or intellectual property rights, or that constitutes copyright infringement. Therefore:

o Your post must not contain logos, brand names or trademarks other than those owned by Sponsor; and

o Your post must not contain content created by a third party, such as music, images or artwork (including any content offered by TikTok other than a text overlay (emojis permitted));

· Your post must not make references to or include: alcohol, illegal drugs, marijuana, tobacco, or firearms/weapons, any activities that are or appear to be dangerous, or any political agenda;

· Your post may not be indecent, obscene, sexually explicit, hateful, 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

· Your post may not be tortious, defamatory, libelous, disparage Sponsor or any other person or party, or contain material that is unlawful in any way.

By posting content that conforms to all of the above requirements, you will receive one (1) Sweepstakes entry. Sponsor, in its sole discretion, may disqualify any post that it finds unlawful, or in violation of these Official Rules.

Entry Limit: You may enter five (5) times during the Promotion Period. Each post must be unique to qualify as an entry. Multiple entrants are not permitted to share the same TikTok account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different TikTok accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate (other than use of the Website as required above) is prohibited and will result in disqualification. In the event of a dispute as to any entry, the authorized account holder of the TikTok account used to enter 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 that was used to create the TikTok account. Each potential winner may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to the Administrator’s satisfaction, the entry will be deemed ineligible. The submission of an entry is solely the responsibility of the entrant.

5. Sponsor’s Use of Social Post Content: Posting an entry 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 entries 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 entry.

6. Prize Drawing: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Sweepstakes winners from all eligible entries received during the Promotion Period on or around May 23, 2023. Each potential winner will be notified by @oldelpaso_official on TikTok and will be directed to a secure online claim form and asked to provide their name, email address, mailing address and date of birth to confirm eligibility and for prize fulfillment purposes within three (3) days of the date notice or attempted notice is sent into order to claim the prize. If a potential winner of any prize cannot be contacted, fails to provide any requested information within the required time period, or the prize is returned as undeliverable, the potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner forfeits the prize or is disqualified for any reason, Sponsor will award the prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded.

7. Prizes: TEN (10) GRAND PRIZES: Each Grand Prize consists of one (1) twelve (12) month subscription to Rosetta Stone® language software and forty-eight (48) coupons, each redeemable at a Kroger Family of Stores grocery store location or at any other U.S. retailer that sells the product for one (1) free 5.5 ounce bag of Old El Paso Twists, any flavor variety. Rosetta Stone subscription to be fulfilled as a digital code. Coupon prizes to be mailed to winners. Approximate Retail Value (“ARV”): $330.

Terms and conditions of Rosetta Stone subscription and coupons apply. Winner may choose which language to study, see https://www.rosettastone.com/ for a list of available languages. Maximum redemption amount per coupon is $4.89. If the price of Old El Paso Twists is higher than $4.89, winner will be required to pay excess cost. Coupons expire May 27, 2024 and are redeemable only at retailers that sell Old El Paso Twists. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize, or a portion thereof, should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period. Limit: One (1) prize per person. Total ARV of all prizes: $3,300. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Sweepstakes.

8. Release: By entering this Sweepstakes, each entrant agrees to indemnify, defend, release and hold harmless The Sweepstakes Entities, TikTok, Inc. and each of their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any losses, damages, rights, claims or causes of action of any kind arising, in whole or in part, directly or indirectly, out of your participation in the Sweepstakes or resulting directly or indirectly, from your acceptance, possession, use, or misuse of any prize awarded in connection with the Sweepstakes, including, without limitation, personal injury, death, and/or property damage, as well as claims based on publicity rights, intellectual property infringement, defamation, and/or invasion of privacy.

9. Publicity: Except where prohibited by law, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, prize information, likeness, entry, photograph (including, without limitation, winner's TikTok profile photo), voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment, notice or consideration.

10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries or plays received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be: (a) violating the Official Rules; or (b) violating the terms of service, conditions of use and/or general rules or guidelines of any Sponsor or Administrator property or service. Any person who supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages 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.

11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, including errors or typos in these Official Rules or any Sweepstakes-related communication or materials, whether caused by a Released Party or by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software, failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information, any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) 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 Sweepstakes or receipt or use or misuse of any prize; or (6) late, lost, misdirected, illegible, incomplete or mutilated entries or for theft, destruction or unauthorized access to, or alteration of entries. If for any reason an entrant's entry or play is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Sweepstakes entry, if possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims. BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

12. Disputes: You agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of the Sweepstakes or the Official Rules, will be resolved in accordance with the provisions set forth in this Dispute Resolution section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.

You agree that whenever you have a disagreement with Administrator or Sponsor arising out of, connected to, or in any way related to the Sweepstakes or the Official Rules, you will send a written notice to the Administrator (“Demand”). You agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Official Rules. You must send the Demand to the following address (the “Notice Address”): Legal Department, Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until thirty (30) business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within thirty (30) business days after it is received, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). This arbitration provision limits the ability of you, Administrator, and Sponsor to litigate claims in court and you, Administrator, and Sponsor each agree to waive your respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against Administrator or Sponsor in any state or federal court. You agree that if you do sue in state or federal court, and Administrator or Sponsor brings a successful motion to compel arbitration, you must pay all fees and costs incurred by Administrator and Sponsor in court, including reasonable attorney’s fees. For any such filing of a demand for arbitration, you must effect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, you may file your case with any national arbitration company. The Arbitrator shall apply the AAA Consumer Arbitration Rules effective September 1, 2014 (as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with Administrator or Sponsor. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate.

You agree that you will not file a class action or collective action against Administrator or Sponsor, and that you will not participate in a class action or collective action against them. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in the Official Rules, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances do you, Administrator, or Sponsor agree to class or collective procedures in arbitration or the joinder of claims in arbitration. Administrator and Sponsor agree that we will submit all disputes with you to arbitration before the Arbitrator.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant, Administrator, and Sponsor in connection with the Sweepstakes, or any claim or dispute that has arisen or may arise between you, Administrator and Sponsor, 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. The place of arbitration shall be Oakland County, Michigan. This arbitration provision shall survive conclusion, modification or termination of the Sweepstakes and suspension, revocation, closure, modification, or amendments to the Official Rules, and any aspect of the relationship of the parties relating to or arising from participation in the Sweepstakes.

13. Entrant's Personal Information: Information collected from entrants is subject Sponsor’s Privacy Policy.

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

15. Miscellaneous: The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. For entrants, to the extent there is a conflict between these Official Rules and any terms of use or other agreement posted on the website, these Official Rules control.

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