Sweetest Prom Ever Promposal Sweepstakes

OFFICIAL RULES

NO PURCHASE NECESSARY. Making a purchase will not increase your chances of winning.

 

SWEEPSTAKES OPEN TO RESIDENTS OF THE 50 U.S. (D.C.) & puerto rico who are Ages 17 - 20 YEARS OLD.

 

The Sweepstakes is no way sponsored, endorsed, administered by, or associated with Twitter or Instagram. Twitter and Instagram are not affiliated with Mondelēz Global LLC (“Sponsor”) in any way.

 

1. TO ENTER: Beginning 12:01 am ET on May 11, 2020 through 11:59 pm ET on May 16, 2020 (the “Sweepstakes Period”), entrants must take the following actions on Twitter or Instagram to receive one (1) entry into the Sweepstakes.

 

Participation Requirements: To participate, you will need a personal, publicly viewable Twitter or Instagram account that is registered in your name (each a “Social Account”).  Creating each Social Account is free but is subject to the applicable terms and conditions (http://twitter.com/tos) or (http://instagram.com/about/legal/terms/#). Standard message and data rates may apply if entering via a mobile device.

 

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

(1) Follow @ChipsAhoy and @SourPatchKids on the Social Channel that use to enter;

(2) Create a “promposal”, which must include a photograph or video, and may include additional text included in the Instagram caption or Tweet (See Content Restrictions below);

(3) Tweet/post your promposal and include @ChipsAhoy @SourPatchKids #SweetestPromEver #Sweepstakes in the caption to your post or Tweet;

(4) Your account settings must remain public during the Sweepstakes Period and until the prize is awarded (as described in Section 5); and

(5) You must not change your Instagram or Twitter handle during the Sweepstakes Period or until the prize is awarded (as described in Section 5).

 

Your Tweet/post need not include any reference, positive or negative, to Sponsor’s products or services. Including a reference to or image of Sponsor’s products in your social post will not improve your chances of winning. Retweets, Instagram stories, and Instagram posts where the hashtags are included in a comment rather than the caption of the original post will not be deemed eligible entries.

 

Content Restrictions of your Entry:

 

·        Your Tweet/post must be your original work; 

·        Your Tweet/post should not disparage Sponsor or any other party;

·        You must have permission to include the names or likenesses of other individuals and acknowledgment of their grant of the rights set forth in Section 3. You should only include persons who are deemed minors in the states in which they reside (“Minors”) in your Tweet or post if they are your children/wards, or if you have received permission from their parents or legal guardians to include their names and/or photos in your Tweet/post.   If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor; 

·        Your Tweet or post must not contain material that violates or infringes another’s rights and therefore may not include logos, trademarks, music or any other intellectual property other than those of the Sponsor;

·        Your Tweet or post must not contain any personal identification, such as license plate numbers, e-mail addresses or street addresses, or contain materials embodying the names, likenesses, or other indicia identifying any person, living or dead, without permission;

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

·        Your Tweet or post may not be indecent, include any nudity or obscene, sexually explicit, or hateful content, may not promote bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;

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

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

·        Your Tweet or post must not violate any terms of use associated with the Instagram or Twitter platforms, as applicable;

 

By Tweeting/posting content that conforms to all of the above requirements, you will receive one (1) Sweepstakes entry (“Entry”).

 

By submitting an Entry, you (or your parent/legal guardian if you are a Minor) warrant and represent that: (a) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (b) publication of the Entry via various media including Web posting and posting in social media, will not infringe on the rights of any third party.  Entrant (or his/her parent/legal guardian if entrant is a Minor) will indemnify and hold harmless Sponsor from any claims to the contrary.  Any Entry that, in the sole opinion of Sponsor, is deemed unlawful, in violation of these Official Rules or inappropriate for publication or inclusion in the Sweepstakes for any reason, will be void and disqualified.

 

Limit: Each entrant may submit only one (1) Entry during the Sweepstakes Period. 

 

Multiple entrants are not permitted to share the same Social Account. Use of any automated system to participate is prohibited and will result in disqualification. All Entries become the exclusive property of Sponsor and none will be acknowledged or returned.  Proof of submission will not be deemed to be proof of receipt by Sponsor.  Any attempt by any entrant to obtain more than the stated limit on number of Entries by using multiple/different Social Accounts, identities, or any other methods will void that entrant's Entries and that entrant may be disqualified.  In the event of a dispute as to the identity of an entrant, the authorized account holder of the Social Account used to enter will be deemed the entrant. The potential winner may be required to show proof of being the authorized account holder.

 

2. ELIGIBILITY:  This Sweepstakes is open to residents of the 50 United States (including D.C.) and Puerto Rico who are 17 – 20 years of age at the time of entry. Employees, officers and directors of Mondelēz Global, LLC (“Sponsor”), Merkle Inc. (“Administrator”), Ketchum, Inc., Telescope, Inc., HMT Associates, Inc., VaynerMedia, LLC, Zoom Video Conferencing Inc., Dentsu Inc., other person/entities participating in the execution of this Sweepstakes, their respective affiliates, subsidiaries and agencies (collectively “Promotion Parties”), and members of their immediate families (defined as including spouse, biological, adoptive and step- parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or persons living in the same household (whether related or not) of any of the above are not eligible to enter the Sweepstakes. Void outside the 50 United States (D.C.), Puerto Rico and where prohibited.

 

3. Sponsor’s Use of Entries: Tweeting/posting an Entry constitutes entrant’s (and his/her parent’s or legal guardian’s, if entrant is a Minor) consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Entry 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 commercial, promotional or marketing purposes.  If requested, entrant (and his/her parent or legal guardian, if entrant is a Minor) will sign any documentation that may be reasonably required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Entry. By entering, each entrant (and his/her parent’s or legal guardian’s, if entrant is a Minor) acknowledges and agrees that he/she will not receive compensation for his/her Entry. Each entrant (and his/her parent or legal guardian, if entrant is a Minor) agrees that the products of such use, if any, shall become the property of Sponsor and/or Sponsor’s licensees, and shall be freely assignable by Sponsor and its licensees. Entrant (and his/her parent or legal guardian, if entrant is a Minor) hereby agrees that he/she will not be paid or compensated for any such use of his/her Entry by Sponsor or its licensees.

 

By Tweeting or posting an Entry, each entrant (and his/her parent or legal guardian, if entrant is a Minor) acknowledges that such Entry is gratuitous, unsolicited, and without restriction, and will not place any of the Promotion Parties under any obligations other than those contained in these Official Rules, and that each Promotion Party is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas therein without any compensation to the entrant. Each entrant (and his/her parent or legal guardian, if entrant is a Minor) further acknowledges that the Promotion Parties do not waive any rights to use similar or related ideas previously known to the Promotion Parties, or developed by their respective employees, or obtained from sources other than the entrant. Each entrant (and his/her parent or legal guardian, if entrant is a Minor) acknowledges that he/she will not instigate, support, maintain, or authorize any action or lawsuit against any of the Promotion Parties on the basis that any use of his/her Entry infringes any of his/her rights as creator of the Entry.

 

4. GRAND PRIZE DRAWING: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes, including but not limited to the selection and confirmation of the potential winner, are final and binding. Administrator will select the potential Sweepstakes winner in a random drawing from among all eligible Entries received during the Sweepstakes Period through both social channels combined on or around May 17, 2020. Receiving the prize is contingent upon compliance with these Official Rules. The potential winner will be notified through the social channel used to enter by @ChipsAhoy and will be required to call Administrator to provide contact information (time frame will be specified in the message) to claim the prize.  Next, winner (or his/her parent or legal guardian if winner is a Minor) 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 twenty-four (24) hours of the date notice or attempted notice is sent, in order to claim the prize. If the potential winner cannot be contacted, or fails to call Administrator within the time period specified at the time the potential winner is first contacted, or fails to sign and return the Declaration within the required time period, or is deemed ineligible to receive the prize for any reason, the potential winner will be disqualified and will forfeit the prize.  In the event that the potential winner is disqualified and forfeits the prize or for any reason, Sponsor will award the prize to an alternate winner by random drawing from among all remaining eligible Entries.  If necessary, only three (3) alternate drawings will be held, after which the prize will remain un-awarded if it is unclaimed.

 

5. PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”): Winner will receive a “Prom Do Over” event planned and hosted by Sponsor.  Prom Do Over event date, location, and all other event details will be determined by Sponsor in its sole discretion.  Prom Do Over must be scheduled to occur no later than June 30, 2021 or winner will forfeit the prize. The maximum ARV of the event is $20,000 and Sponsor, alone, will determine all details of the event. Alcohol will not be served at the event, nor will it or drugs be permitted on the property during the event. Winner will also receive a check for $8,600 that may be used to assist with the income tax liability associated with this prize.  Winner will receive an IRS form 1099 reflecting the total value of the prize and the check. Total ARV of the prize is $28,600.

 

All guests of winner at the Prom Do-Over (or their parents or legal guardians if guests are Minors) will be required to sign and return a Liability/Publicity release as a condition of attending the Prom Do-Over. All guests are subject to Sponsor’s approval.

 

In addition (and if confirmed by May 18, 2020), winner will have the opportunity to participate in a virtual prom (“the Event”) that will take place on May 23, 2020 from 9:00 – 9:45 p.m. ET featuring World Famous DJ Steve Aoki. The Event will be hosted on Zoom as a video conference and will be simultaneously streamed live on YouTube, Twitter, and Instagram. Zoom participants will generally not be able to interact with others (microphones will be muted and video of each participant will not be shared).  Winner may, but is not guaranteed to, have the opportunity to be featured during the Event, including the option to formally propose to his/her date to participate in the Prom Do Over event. Winner is expected to comply with the Code of Conduct for the Event as described in the Declaration. Failure to meet these requirements may result in removal from the Zoom video conference. Winner must create a free Zoom account associated with his/her email address provided in the Declaration. Zoom accounts are subject to Zoom’s Terms of Service. Winner will receive event link and password to join the Zoom video meeting.

 

6. GENERAL RULES: By participating, entrants (or their parents or legal guardians if entrants are Minors) accept and agree to these Official Rules and the decisions of the Administrator, which shall be final in all matters relating to the Sweepstakes. By participating, entrants (or their parents or legal guardians if entrants are Minors) agree to hold Promotion Parties, their respective affiliates, directors, officers, shareholders, employees and assigns harmless from and against any and all claims and liability arising out of participation in the Sweepstakes or in any prize-related activities (if applicable), including but not limited to attendance at the Prom Do-Over, the consumption of food or beverages at the Prom Do-Over, or any travel related thereto. Acceptance of the prize constitutes winner’s permission (or winner’s parent’s or legal guardian’s permission if winner is a Minor) to the Promotion Parties to use winner’s  likeness for any commercial or  marketing purposes in all media worldwide, without limitation and without  further compensation or right of approval, unless prohibited by law. Promotion Parties are not responsible for lost, late, unreceived, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Entries or failure to receive Entries due to limitation of third-party social network platforms or to any reason whatsoever. Such Entries are void. In addition, Promotion Parties are not responsible for technical, hardware or software malfunctions, lost or unavailable network, connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the user or by any of the equipment or programming associated with or utilized in this Sweepstakes, or by any human error which may occur in the programming, administration or execution of this Sweepstakes or the transmission, receipt or processing of Entries. If due to a computer programming or other error, more than one (1) prize notification is issued, the one (1) intended prize will be awarded in a random drawing from among all valid recipients of such notifications. In no event will Sponsor be liable for awarding more than one (1) prize in this Sweepstakes. If, in the Administrator's opinion, there is any suspected evidence of tampering with any portion of the Sweepstakes, or if technical difficulties compromise the integrity of the Sweepstakes, Sponsor reserves the right to modify or terminate the Sweepstakes in a manner deemed reasonable by the Administrator, in its sole discretion. If terminated before the stated end date of the Sweepstakes Period, the prize will be awarded in a random drawing using all non-suspect, eligible Entries received as of the date/time of termination through both social channels. All federal and state laws apply.

7. DISPUTE RESOLUTION: Except where prohibited, each entrant (or his/her parent or legal guardian if entrant is a Minor) agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or the  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 Sweepstakes, 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO PORTIONS OF THE ABOVE MAY NOT APPLY TO YOU.

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 Sweepstakes, 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.

The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed as if the invalid or illegal provision were not contained herein.

In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials or notifications and these Official Rules, these Official Rules shall prevail, govern and control.

8. PRIVACY POLICY: Information collected from entrants is subject to Sponsor’s Privacy Policy (https://disclaimer.mondelezinternational.com/privacy_policy.html).

9. WINNER INFORMATION:  For the winner’s name, visit https://bit.ly/3b2ijND.  The winner’s name will be posted after the winner is confirmed.

SPONSOR: Mondelēz Global LLC, 100 Deforest Avenue, East Hanover, NJ 07936.

ADMINISTRATOR: Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.

Any questions, comments or complaints regarding this Sweepstakes must be directed to the Sponsor or Administrator only, and NOT to Instagram or Twitter.

All trademarks used herein are the property of their respective owners.