#OhYeahChristmas

Official Rules

 

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

 

1. Eligibility: #OhYeahChristmas (the ďContestĒ) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least thirteen (13) years old at the time of entry who have a mobile device as of the start of the Contest. Minors must have permission from their parent/legal guardian to participate.Employees of Kraft Heinz Foods Company and its promotional partners, HelloWorld, 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 Foods Company, 200 E. Randolph St., Chicago, IL 60601. Administrator: HelloWorld, Inc., 3000 Town Center, Floor 21, Southfield, MI 48075.

 

3. Agreement to Official Rules: Participation in this Contest constitutes entrantís full and unconditional agreement to these Official Rules and Sponsorís and Administratorís 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.

 

4. Timing: The Contest begins on December 3, 2019 at 12:00 a.m. Eastern Time ("ET") and ends on December 12, 2019 at 11:59 p.m. ET (the "Contest Period"). TikTok Inc.ís servers are the official time-keeping device for the Contest.

 

5. How to Enter:

How to Participate:You must have a TikTok account.There is no cost to create a TikTok account, but it is subject to TikTokís Terms of Service.Posting on TikTok requires a mobile device and therefore message and data rates may apply.

How to complete Contest Entry; During the Contest Period, (a) post a video on the TikTok App to the #OhYEAHChristmas Kool-Aid challenge page that shows how you get into the holiday spirit, (b) include the music clip available on the KoolAid challenge page, and (c) #OhYeahChristmas #Contest in the caption (herein your ďContest EntryĒ). Your Contest Entry need not include any reference, positive or negative, to Sponsorís products or services.

 

By posting your Contest Entry you agree that it conforms to the above requirements as well as the permissions, and content restrictions stated below and that Sponsor, in its sole discretion, may remove your Contest Entry from the Challenge page and/or disqualify the Contest Entry if it believes that it fails to conform.

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Permissions: Entrant must have permission from any recognizable individuals who appear in the Contest Entry to use their names and/or likenesses and to grant the rights set forth herein. Minors, other than the entrant should not be included your Contest Entry unless 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 Contest Entry must not contain material that violates or infringes anotherís rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;

      The Contest Entry must not contain any music other than the required music clip provided by Sponsor;

      The Contest Entry must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use in his/her Contest Entry in this Contest;

      The Contest Entry must not disparage Sponsor, Lil Jon, or any other person or party;

      The Contest Entry must not contain material that includes alcohol, tobacco, or any other illegal substances, is inappropriate, offensive, indecent, obscene, 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.

 

Contest Entries generated by script, macro or other automated means are void. In the event of a dispute as to any Contest Entry, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned an email address used to create the TikTok Account. Each entrant may be required to show proof of being an 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; all of which will be void.

 

6. Sponsor's Use of Contest Entries: Uploading a Contest Entry constitutes entrantís consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Contest 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 Contest Entry.

 

7. Winner Determination: After the conclusion of the Contest Period, the entrant who has posted the TikTok entry that meets all Contest requirements and has been viewed the largest number of times during the Contest Period, as determined by TikTok in its discretion, will be the potential winner. In the event of a tie, Administrator will randomly select the potential winner from the tied entrants.Odds of winning will depend on the total number of eligible Contest Entries posted.

 

8. Winner Requirements: The potential winner will be notified by @KoolAidManOfficial through TikTok and will be asked to provide his/her name, date of birth and email address (where a potential winner is a minor, he/she will be required to provide their name, parentís name and parentís email) to Administrator within three (3) days of the date and time notification is sent.Upon receipt of this information, potential winner (parent/legal guardian if 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 one (1) day of the date notice or attempted notice is sent, in order to claim the prize. If a potential winner cannot be contacted, fails to execute and return the Declaration, within the required time period, does not comply with these Official Rules, or if prize is returned as undeliverable, potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize will be awarded to a runner-up (who has posted an eligible TikTok entry and received the next largest number of votes). Only three (3) alternate winners may be determined, after which the prize will remain un-awarded.

 

9. Prize: ONE (1) GRAND PRIZE: A check for $10,000.Retail Value: $10,000.

Prize is non-transferable and no substitution will be made except as provided herein at the Sponsorís sole discretion. Sponsor reserves the right to substitute the prize 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.Limit: One (1) prize per person. Prize will be fulfilled 4 Ė 6 weeks after the end of the Contest.††

 

10. Release: By receipt of any prize, winner agrees to release and hold harmless the Sponsor, TikTok Inc., Jonathan Smith ( aka Lil Jon), 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 companyís officers, directors, employees and agents (collectively, the ďReleased PartiesĒ) from and against any claim or cause of action, including, but not limited to, 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 each winnerís agreement and consent that Sponsor and its designees may use the winnerís name, city, state, likeness, photo, 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, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, 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, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Contest 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 Contest 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 attorneysí fees) from any such person to the fullest extent permitted by law. Sponsorís 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 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 or tabulating number of views, 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 entrantís 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 Contest Entry.

 

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 (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 Contest, but in no event attorneysí 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 Sponsorís Privacy Policy: http://www.kraftheinzcompany.com/privacy.html and Administrator's Privacy Policy http://www.HelloWorld.com/privacy-policy.

 

16.Winner List: For a winner list, visit http://bit.ly/2rultIH. The winner list will be posted after winner confirmation is complete.

 

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