#ChewTheVibesChallenge
OFFICIAL RULES
NO PURCHASE NECESSARY.
A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
OPEN TO LEGAL RESIDENTS OF THE 50
UNITED STATES, D.C. AND PUERTO RICO,
16 YEARS AND OLDER.
The Contest is no way sponsored,
endorsed or administered by TikTok Inc. TikTok Inc. is not affiliated with
Sponsor in any way.
1. TO ENTER: #ChewTheVibesChallenge (the “Contest”), sponsored by Mondelēz Global
LLC (“Sponsor”), begins at approximately 12:00 a.m. ET on September 13, 2022
and ends at 11:59 p.m. ET on September 19, 2022 (the “Contest Period”).
Participation Requirements: A personal public
TikTok account is required to participate. If you do not have a TikTok account,
you may open one for free at TikTok.com. When you join TikTok, you (or your parent or legal guardian if you
are deemed a minor in the jurisdiction in which you reside (“Minor”)) are indicating that
you have read and agree to accept and abide by the TikTok Terms of Use and Privacy Policy. If you use your wireless mobile
device to enter, standard message and data rates may apply. Please consult your
wireless service provider regarding its pricing plans prior to entering via
your wireless mobile device. None of the
“Promotion Parties” (defined below in Section 3) shall be responsible for any
message or data rate charges which may apply. A wireless mobile device is
not required to enter the Contest. You may not use a corporate or shared account
to enter.
Entry Requirements: To enter, take the
following actions during the Contest Period:
(a)
Follow
@therealtridentgum on TikTok;
(b)
Locate
the “Contest Post” created by @choleybaileywashere on the
#ChewTheVibesChallenge TikTok challenge page hosting this program that
demonstrates the “face dance” that entrants should replicate. Specifically,
this face dance includes choreographed chewing that entrants must duplicate.*
(c)
Create
a video, no longer than fifteen (15) seconds, that uses the custom sound
available on the #ChewTheVibes TikTok challenge page showing your own version
of the Contest Post that replicates the chewing choreography described in (b),
above, is entertaining, and demonstrates your own personality. *YOU ARE NOT
REQUIRED TO CHEW GUM IN YOUR VIDEO. You must include #contest as a text
overlay to your video. See Guidelines and Content Restrictions below for
additional requirements regarding the content of your video;
(d) Post the video to
TikTok and include #ChewTheVibesChallenge
in your original caption: Note:
Posts where the hashtag is included in a comment rather than the caption of the
original post will not be eligible.
(e)
Your
account settings must be set to public during the Contest Period and until the
winners are notified (as described in Section 5). In
addition,
your privacy settings must allow for “friends” to direct message you during the
Contest Period and until the prizes are awarded (as
described in Section 6, below) so that we may communicate with you;
(f)
You must not change your TikTok handle
during the Contest Period and until the prizes are awarded (as described in
Section 6); and
(g)
Your
post must also comply with the Guidelines and Content Restrictions stated below
to receive a “Contest Entry.” Failure to comply with any of the above
requirements will result in disqualification of you and your Contest Entry.
By completing the above requirements you will
receive one (1) Contest Entry.
Guidelines:
·
Contest
Entry must meet TikTok’s format and size requirements; and
·
Contest
Entry must not exceed fifteen (15) seconds in length and must be in English.
Content Restrictions:
·
Contest
Entry must be your original work, created only by you;
·
The
Contest Entry need not include any reference, positive or negative, to
Sponsor’s products, including Trident Vibes gum. Including such a reference
or image in your post will not improve your chances of winning;
·
Contest
Entry must not convey any claims of Sponsor’s products or services that would
be deemed unsubstantiated or deceptive if made by Sponsor;
·
You must have permission
to include the names, likenesses or any references to other individuals in your
Contest Entry and to grant the rights set forth in Section 2. You should only
include minors in your Contest Entry if they are your children/wards. If
requested, entrant must be able to provide such permissions in a form
acceptable to Sponsor;
·
Contest
Entry must not mention and/or prominently display material that violates or
infringes another’s rights, including but not limited to privacy, publicity or
intellectual property rights, or that constitutes copyright infringement.
o
Therefore
the Contest Entry must not contain content created by a third party, such as
logos, branded products (other than Sponsor’s products), music (other than
Sponsor’s custom sound), images or artwork;
·
Contest
Entry must not disparage Sponsor or its products or services or any other
product, person or party;
·
Contest
Entry must not promote or reference alcohol, marijuana, illegal drugs, tobacco,
firearms/weapons, any activities that may appear unsafe or dangerous, or any
particular political agenda or message;
·
Contest
Entry must not contain material that is inappropriate, offensive, indecent,
obscene, sexually explicit or suggestive, tortious, defamatory, slanderous or
libelous;
·
Contest
Entry must not contain material that promotes bigotry, racism, violence, hatred
or harm against any group or individual or is derogatory or promotes discrimination
of any ethnicity, race, gender, religion, nationality, disability, sexual
orientation, profession or age;
·
Contest
Entry must not contain any personal identification, such as license plate
numbers, personal names, e-mail addresses or street addresses; and
·
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.
Limit: Each entrant may upload one (1) Contest Entry
during the Contest Period. Contest Entries received from any person in excess
of the stated limit will be void. Contest Entries generated by script, macro or
other automated means, or any means that subvert the entry process, are void.
Any attempt by any individual to exceed the above-indicated entry limit by
using multiple/different e-mail or IP addresses, TikTok accounts, identities,
or any other methods will void all of that individual's entries and that
individual will be disqualified. All Contest Entries must be received during the
Contest Period to be eligible for inclusion in the judging process. In the
event of dispute as to the identity or eligibility of a potential winner, the
winning Contest Entry will be declared made by the "Authorized Account
Holder" of the TikTok account used to enter the Contest, provided they are
eligible according to these Official Rules. The "Authorized Account
Holder" is defined as the natural person who is assigned to a TikTok account by https://www.tiktok.com/.
2. SPONSORS’S USE OF CONTEST ENTRIES: Posting a Contest Entry
constitutes entrant’s (and their 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 the Contest 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 promotional or marketing purposes
without limitation and without further notice or approval. If requested,
entrant (and their parent or legal guardian, if entrant is a Minor) will sign
any documentation that may be reasonably required for Sponsor to make use of
the non-exclusive rights entrant is granting in and to the Contest Entry. Each
entrant (and their 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 their parent or legal guardian, if entrant is a Minor)
hereby agrees that they will not be paid or compensated for any such use of
their Contest Entry by Sponsor or its designees, and further waives any “Moral
Right of Authors” (Droit Moral) in
the Entry.
By posting a Contest
Entry, each entrant (and their parent or legal guardian, if entrant is a Minor)
acknowledges that such Contest Entry is gratuitous, unsolicited, and without
restriction, and will not place any of the Promotion Parties (defined in
Section 3, below) 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 Contest Entry on a non-confidential basis to anyone or
otherwise use the ideas therein without any compensation to the entrant. Each
entrant (and their 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 (defined in Section
3, below), or developed by their respective employees, or obtained from sources
other than the entrant. Each entrant (and their parent or legal guardian, if
entrant is a Minor) acknowledges that they will not instigate, support,
maintain, or authorize any action or lawsuit against any of the Promotion
Parties (defined in Section 3, below) on the basis that any use of their
Contest Entry infringes any of their rights as creator of the Contest Entry.
3. ELIGIBILITY: The Contest is open to
legal residents of the 50 United States, the District of Columbia (“D.C.”), and
Puerto Rico (“PR”), who are 16 years of age or older at time of entry. The
respective employees, officers and directors of the Sponsor and Administrator,
(as defined respectively in Sections 10 and 11, below), HMT Associates, Inc.
(collectively the “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 households (whether
related or not) of any of the above are not eligible to participate in the
Contest. Void outside the 50 United States, D.C. and PR and where
prohibited.
4. WINNER DETERMINATION: After
the conclusion of the Contest Period, Administrator will select one-hundred
(100) Contest Entries in a random drawing from all eligible Entries received
during the Contest Period. Then, a panel of qualified
judges, determined by Sponsor in its sole discretion, will evaluate each of the
one-hundred (100) randomly selected Contest Entries based on the following
Judging Criteria:
·
Chewing Motion replicates the chewing choreography in
the Contest Post created by @chloebaileywashere (50%);
·
Uniqueness and Entertainment Quality of Contest Entry
(25%);
·
Lighting and Quality of Video (25%)
The
entrant with the highest-scoring Contest Entry will be deemed the potential
Grand Prize winner. The nine (9) entrants with next nine (9) highest scores will
be deemed potential First Prize winners. All potential winners are subject to
verification of eligibility and compliance with these Official Rules. In the
event of a tie, the entrant whose Contest Entry received the highest score for
Uniqueness and Entertainment Quality of Contest Entry, 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 to
select fewer than ten (10) winners, if, in its sole discretion, it does not
receive a sufficient number of eligible and qualified Contest Entries. Sponsor
will not disclose judging scores.
5. WINNER REQUIREMENTS: Potential winners will be notified
by direct message on TikTok by @therealtridentgum
on or around October 10, 2022.
Each potential winner will be directed to a secure website where they will be
required to provide their name, date of birth, valid email address and mailing
address and, if the winner is a Minor, they will be required to provide the
first and last name and email address of their parent or legal guardian within
three (3) days of the date notice or attempted notice is sent in order to claim
the prize. If a potential winner is a Minor, a parent or legal
guardian of Minor will be required to complete and return a Declaration of
Compliance, Liability Waiver and where not prohibited a Publicity Release
(“Declaration”) within four (4) days of the date the Declaration is issued to
claim the prize on behalf of their child/ward. In all cases the potential Grand
Prize winner will be required to sign and return a Declaration, which also must
be received by Administrator within four (4) days of the date notice or
attempted notice is sent. If a potential winner, or a potential winner’s
parent/legal guardian, cannot be contacted, or does not provide all requested information
within the required time period, or the prize is returned as undeliverable, or if the potential Grand Prize winner or, in
the case of a Minor, the Minor’s parent/legal guardian, fails to provide the
Declaration within the time period specified, or if a potential winner is deemed ineligible to
receive a prize for any reason, the applicable prize will be forfeited and may be awarded to the entrant whose Contest
Entry received the next-highest score from the judges. If necessary, this
process will be repeated up to three (3) times, after which the prize will not
be awarded if it remains unclaimed.
Odds of being included in the Judging Process
will depend on the number of eligible Contest Entries received. Receiving a prize is contingent upon compliance
with these Official Rules. Limit: One (1) prize per person.
6. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):
One
(1) Grand Prize and nine (9) First Prizes will be awarded, as follows.
ONE (1) GRAND PRIZE: Prize package
consisting of (a) $3,000, awarded as a check; (b) one (1) set of headphones,
autographed by Chlöe Bailey; and (c) one (1) package
of Trident gum autographed by Chlöe Bailey. ARV:
$3,235.00.
NINE (9) FIRST PRIZES: Prize package
consisting of (a) one (1) set of headphones, autographed by Chlöe
Bailey; and (b) one (1) package of Trident gum autographed by Chlöe Bailey. ARV: $229.00.
For All Prizes:
All colors, features, flavors and details of each prize package are determined
by Sponsor. All
prizes are awarded “as is” without warranty of any kind, express or implied, on
the part of the Sponsor. The value of autographed celebrity
memorabilia may vary from time to time based on unforeseeable factors. The ARVs
of the autographed prize items are based on Sponsor’s good faith estimate of
their value at the time these Official Rules were drafted. If there is any
difference between the ARVs and the value of the prizes in the celebrity
memorabilia marketplace at the time the prizes are awarded or thereafter,
winners will receive no compensation for the difference.Prizes are non-transferable and no substitution or cash
redemption in whole or in part will be made except as provided herein or at the
Sponsor’s sole discretion. Sponsor may substitute a prize (or portion thereof)
of equal or greater value if the advertised prize (or portion thereof) becomes
unavailable. Prizes will be shipped to each winner’s home mailing address
within approximately 8-10 weeks following the conclusion of the Contest and
verification of eligibility and compliance with these Official Rules. Total
ARV of all prizes is $3,464.00.
7. GENERAL RULES: All income taxes resulting
from acceptance of prizes, if any, are the responsibility of the winners. By
entering this Contest, entrants (and their parents/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. By entering this Contest
entrants (and their parents/legal guardians if entrants are Minors) further
agree to release and hold Promotion Parties, TikTok Inc. and their respective
parents, subsidiaries, affiliates, directors, officers, employees and assigns,
promotion agencies and agents harmless from and against any and all claims and
liability arising out of participation in the Contest or use or redemption of a
prize (if applicable). Acceptance of a prize constitutes winner’s (and their
parent’s or legal guardian’s, if winner is a Minor) permission to the Promotion
Parties to use winner’s name, likeness (and biographical information) and
photograph (including, without limitation, winner's TikTok profile photo) for marketing
purposes in all media worldwide without limitation or further compensation,
notice or right of approval, unless prohibited by law. Promotion Parties are
not responsible for lost, misdirected, garbled or late entries, or 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 sender or by any of the
equipment or programming associated with or utilized in this Contest, including
but not limited to the TikTok platform’s equipment or programming, or by any
human error which may occur in the transmission, receipt or processing of the
Entries in this Contest, the administration of the Contest or the announcement
of winners. If, in the Administrator’s opinion, there is any suspected evidence
of tampering with any portion of the Contest, or if technical difficulties
compromise the integrity of the Contest, the Sponsor reserves the right to
modify or terminate the Contest in a manner deemed reasonable by the Sponsor
and Administrator, at the Sponsor’s sole discretion. If terminated prior to the
stated end date of the Contest Period, Contest winners will be determined from
among all eligible, non-suspect Entries received as of the date/time of
termination on the basis of the Judging
Criteria. If more than one-hundred (100) eligible, non-suspect Contest
Entries were received prior to the date/time of termination then Administrator
will select one-hundred (100) Contest Entries in a random drawing from among
all such Contest Entries and choose one (1) Grand Prize winner and nine (9)
First Prize winners (subject to verification of eligibility and compliance with
these Official Rules) based on the Judging Criteria described in Section 4. All
federal, state and local laws apply.
8. WAIVER AND DISPUTES: Except where prohibited, each entrant (and
their parent/legal guardian if the entrant is a Minor) agrees that: (a) 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; (b) 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 (c) to the extent allowed by
applicable law, under no circumstances will entrant be
permitted to obtain awards for, and entrant (AND THEIR PARENT/LEGAL GUARDIAN IF
ENTRANT IS A MINOR) 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 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 their parent/legal guardian if the entrant is a Minor) 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. Furthermore, entrant (AND THEIR PARENT/LEGAL GUARDIAN IF ENTRANT IS A MINOR)
and each of the Promotion Parties hereby waive, to the fullest extent
permitted by applicable law, any right THEY may have to a trial by jury in
respect of any claim or dispute arising from or relating to the Contest or
these Official Rules.
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 Contest-related
materials or notifications and these Official Rules, these Official Rules shall
prevail, govern and control.
9. Entrant's Personal Information:
Information collected from entrants is subject to Sponsor’s Privacy Policy.
10. WINNERS LIST: For a winners list, please click HERE. The winner list will be posted after winner
confirmation is complete.
11.
SPONSOR:
Mondelēz
Global LLC, 100 Deforest Avenue, East Hanover, NJ 07936.
12. CONTEST ADMINISTRATOR: Merkle
Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
All trademarks
used herein are the property of their respective owners.
Any questions,
comments or complaints regarding this Contest must be directed to the Sponsor
or Administrator only, and NOT to TikTok, Inc.