Official CORN NUTS® brand Crunch Contest

Official Rules

 

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

 

1. Eligibility: The Official CORN NUTS® brand Crunch Contest (the “Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia excluding Iowa, Louisiana, Maryland and Tennessee who are at least eighteen (18) years old at the time of entry. Employees of Hormel Food Sales LLC, 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 in Iowa, Louisiana, Maryland, Tennessee and where prohibited.     

 

2. Sponsor: Hormel Food Sales, LLC, 1 Hormel Place, Austin, MN 55912. 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 July 25, 2022 at 12:00 a.m. Eastern Time ("ET") and ends on August 3, 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. Your TikTok account’s privacy settings must 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 @cornnutsbrand on TikTok;

(b) Create a video (up to 30 seconds long) showing your passionate crunching of CORN NUTS® brand toasted corn kernels. Your video must also include:

       i.       a package of CORN NUTS® brand toasted corn kernels;

      ii.       the “Official Crunch Finder” custom sound available within the TikTok library; and

     iii.       #contest as a text overlay to your video in a contrasting font large enough to be seen.

     iv.       See Guidelines and Content Restrictions below for further requirements regarding the content of your video;

(c) Upload your video to TikTok (herein your “Contest Entry”).

(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 Contest Entry must meet TikTok’s format and size requirements;

·         You must crunch responsibly. All crunching performed in connection with this Contest is at your own risk. Sponsor is not responsible for any claims of injury associated with crunching on CORN NUTS® brand toasted corn kernels, including but not limited to chipping your teeth (see Section 10 below); and

·         The Contest Entry must be in English and no longer than 30 seconds.

 

Content Restrictions:

·         The Contest Entry must be your original work;

·         The Contest Entry may not include any individuals and/or the likenesses of any individuals other than yourself;

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

·         The Contest Entry 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 Contest Entry must not contain content created by a third party, such as music (other than the custom sound provided by @cornnutsbrand in the Contest Post), images or artwork, or brand names or trademarks other than those owned by Sponsor;

·         The Contest Entry must not disparage Sponsor or any other person or party;

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

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

 

By posting a Contest Entry 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 Contest Entry if it believes that it fails to conform.

 

Limit: One (1) Contest Entry per person. Contest Entries 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 Contest Entries or failure to receive Contest Entries due to limitation of third-party social network platforms; all of which will be void. 

 

6. Sponsor's Use of Contest Entries: Posting a Contest 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 or play audio from 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 Contest Entry. 

 

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 Contest Entry from among all eligible Contest Entries based on the following criteria (“Judging Criteria”):

·         Crunch Clarity and Quality: Does Contest Entry include a high sound-quality crunch, with a crispness and clarity to the crunch sound? (30%)

·         Personality and Presence of Entrant : Has entrant put thought and heart into their Contest Entry? Does entrant have an energetic presence in their Contest Entry? (30%)

·         Passion and Creativity: Does Contest Entry demonstrate a love for CORN NUTS® brand toasted corn kernels? Does Contest Entry include a creative delivery of the crunch? (40%)

.

In the event of a tie, the entrant whose Contest Entry received the highest score for Passion and Creativity 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, it does not receive it does not receive a sufficient number of eligible and qualified Contest Entries. Sponsor will not disclose judging scores.

 

8. Winner Requirements: On or around August 12, 2022, potential winner will be notified by @cornnutsbrand on TikTok and will be directed to a secure online claim form and asked to provide their name, mailing address and date of birth to confirm eligibility and for prize fulfillment purposes within two (2) 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 two (2) days of the date notice or attempted notice is sent, in order to claim the prize. By accepting the prize, winner irrevocably grants, transfers, conveys and assigns to Sponsor the entirety of the rights in and to the Contest Entry and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Contest Entry and/or any component thereof for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Winner accepts and acknowledges that Sponsor shall not be obligated to use the Contest Entry and/or any component thereof and that Sponsor in its sole discretion shall have the right to refrain from using the Contest Entry. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties, and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Winner acknowledges that  Sponsor is now the owner of the Contest Entry, including the audio contained in the Contest Entry, and that Sponsor may, in its discretion, use the audio from the Contest Entry to produce a song. Winner will not be entitled to any payment or other remuneration for the use of the audio from their Contest Entry by Sponsor other than the prize awarded to winner as a result of this Contest.  

 

 If the 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. In addition, 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 forfeits the prize or is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion, time permitting. Only three (3) alternate winners may be determined, after which the prize will remain un-awarded. 

 

9. Prize: ONE (1) GRAND PRIZE: $5,000, fulfilled as a check. Retail Value (“RV”): $5,000.

 

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 winner has been confirmed.   

 

10. Release: By receipt of any prize, winner agrees to release and hold harmless 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 (including but not limited to any claims of chipped teeth), 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, including winner’s TikTok profile photo, Contest Entry, audio from winner’s Contest Entry 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, 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 Contest Entries 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 Contest Entry 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 Contest Entries, 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 Contest Entries 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 Sponsor’s 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.