Sour Patch Kids Sour Hearts Social Club in a Box

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,
18 YEARS AND OLDER.

The Sweepstakes is no way sponsored, endorsed, administered by, or associated with Meta Platforms Inc. or Instagram Inc. Instagram is not affiliated with Sponsor in any way.

1. TO ENTER: SOUR PATCH KIDS Sour Hearts Social Club in a Box (the “Sweepstakes”), sponsored by Mondelēz Global LLC (“Sponsor”), begins at approximately 3:00 pm ET on February 1, 2023 and ends at 11:59 pm ET on February 5, 2023 (the “Sweepstakes Period”).

Participation Requirements: A personal Instagram account is required to participate. If you do not have an Instagram account, you may open one for free at Instagram.com. When you join Instagram, 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 Instagram 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 Sweepstakes. You may not use a corporate or shared account.

Entry Requirements: To enter, take the following actions on Instagram during the Sweepstakes Period:

(a) Follow @sourpatchkids on Instagram;

(b) Locate the Instagram post posted by @sourpatchkids that advertises this Sweepstakes (herein “Sweepstakes Post”);

(c) Like the Sweepstakes Post;

(d) Comment on the Sweepstakes Post by @mentioning a friend to share your candy with (your “Comment”);

(e) There is no requirement that your Instagram handle is public. However, you must keep the same Instagram handle during the Sweepstakes Period and until the prizes are awarded (as described in Section 4, below); and

(f) Your Comment must also comply with the Content Restrictions stated below to receive an “Entry.” Failure to comply with any of the above requirements will result in disqualification of you and your Entry.

By completing the above requirements, you will receive one (1) Entry into the Sweepstakes drawing.

Entry Limit: You may enter one (1) time during the Sweepstakes Period.

Content Restrictions for your Comment: Your Entry must be your original work, created only by you. You must have permission to include any reference to any other person in your Entry. If requested, entrant must be able to provide such permission in a form acceptable to Sponsor. Your Entry cannot include any content that is deemed by Sponsor, in its discretion, to: (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain or reference nudity or any materially dangerous activity; (b) promote alcohol, marijuana, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (c) be obscene or offensive, endorse any form of hate or hate group; (d) contain trademarks, logos (except Sponsor’s, which are not required) or trade dress owned by others, or advertise or promote any brand or product (except Sponsor’s, which is not required) of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (e) contain copyrighted materials owned by others without permission; and (f) contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission.

POSTED ENTRIES REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANTS AND DO NOT REFLECT THE VIEWS/OPINIONS OF any of the Promotion Parties IN ANY MANNER.

Use of any robotic, automatic, programmed or similar entry method will void your Entry and result in disqualification. Any attempt by any individual to exceed the above-indicated entry limit by using multiple/different e-mail or IP addresses, Instagram accounts, identities, or any other methods will void all of that individual's Entries and that individual will be disqualified. All Entries must be received during the Sweepstakes Period to be eligible for inclusion in the prize drawing. In the event of dispute as to the identity or eligibility of a potential winner, the winning Entry will be declared made by the "Authorized Account Holder" of the Instagram used to enter the Sweepstakes provided they are eligible according to these Official Rules. The "Authorized Account Holder" is defined as the natural person who is assigned to an Instagram account by https://www.instagram.com/.

2. SPONSOR’S USE OF ENTRIES: Posting an 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 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 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 Entry by Sponsor or its designees, and further waives any “Moral Right of Authors” (Droit Moral) in the Entry.

By posting an Entry, each entrant (and their 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 (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 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 Entry infringes any of their rights as creator of the Entry.

3. ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States, the District of Columbia (“D.C.”), and Puerto Rico (“PR”), who are 18 years of age or older at time of entry. The respective employees, officers and directors of the Sponsor and Administrator (as defined in Section 11, below), HMT Associates, Inc., and the respective parent companies, affiliates, subsidiaries and agencies of each of the foregoing (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 Sweepstakes. Void outside the 50 United States, D.C. and PR and where prohibited.

4. SWEEPSTAKES DRAWING: Administrator (as defined in Section 11, below) is an independent judging organization whose decisions are final and binding in all matters related to the Sweepstakes, including but not limited to those related to the selection of the potential winners. Administrator (as defined in Section 11, below) will select forty (40) potential Sweepstakes winners from all Entries received during the Sweepstakes Period, on or around February 7, 2023. Each potential winner will be notified notified via direct message on Instagram by @sourpatchkids after the date of the drawing and will be directed to a secure website where winner 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 one (1) day 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 (“collectively, Declaration”) within one (1) day of the date the Declaration is issued to claim the prize on behalf of their child/legal ward. If a potential winner or potential winner’s parent/legal guardian (as applicable) cannot be contacted, or a prize is returned as undeliverable, or if a potential winner or potential winner’s parent/legal guardian (as applicable) fails to provide the requested information within the required time period, 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 an alternate winner in a random drawing from among all remaining eligible Entries. If necessary, this process will be repeated up to three (3) times, after which the prize will not be awarded if it remains unclaimed. All prizes will be awarded provided they are claimed properly in accordance with these Official Rules.

Odds of winning a prize will depend on the number of eligible Entries received during the Sweepstakes Period. Receiving a prize is contingent upon compliance with these Official Rules. Limit: One (1) prize per person.

5. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): Forty (40) prizes will be awarded. Each prize consists of an Anti-Valentines kit containing: two (2) black and white heart napkins; one (1) tablecloth; one (1) heart banner; one (1) package of red heart confetti; one (1) $25 food delivery gift card; two (2) heart boxes of SOUR PATCH KID Sour Hearts candy (3.4 oz) and one (1) theatre box of SOUR PATCH KID Sour Hearts candy (3.08 oz). ARV of each prize is $65.

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 1-4 weeks following the conclusion of the Sweepstakes. Total ARV of all prizes is $2,600.

No more than the stated number of prizes will be awarded for any reason. If the number of prize notifications exceeds the stated number of prizes, the intended number of prizes will be awarded in a random drawing from among all recipients of such notifications. All prizes are awarded “as is” without warranty of any kind, express or implied, on the part of the Sponsor.

6. GENERAL RULES: All income taxes resulting from acceptance of prizes, if any, are the responsibility of the winners. By entering Sweepstakes, entrants (and their parents/legal guardians if entrants are Minors) accept and agree to these Official Rules and the decisions of the Administrator (as defined in Section 11, below). By entering Sweepstakes, entrants, (and their parents/legal guardians if entrants are Minors) further agree to release and hold Promotion Parties, Meta Platforms, Inc., Instagram Inc., 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 Sweepstakes 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 Instagram 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 Sweepstakes, including but not limited to the Instagram platform’s equipment or programming, or by any human error which may occur in the transmission, receipt or processing of the Entries in this Sweepstakes, the administration of the Sweepstakes or the announcement of winners. If, in the Administrator’s (as defined in Section 11, below) opinion, there is any suspected evidence of tampering with any portion of the Sweepstakes, or if technical difficulties compromise the integrity of the Sweepstakes, the Sponsor reserves the right to modify or terminate the Sweepstakes in a manner deemed reasonable by the Sponsor and Administrator (as defined in Section 11, below), at the Sponsor’s sole discretion. If terminated prior to the stated end date of the Sweepstakes Period, the prizes will be awarded by random drawing from among all eligible, non-suspect Entries received as of the date/time of termination. All federal, state and local laws apply.

7. 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 Sweepstakes 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 Sweepstakes, 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 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. 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 Sweepstakes 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 Sweepstakes-related materials or notifications and these Official Rules, these Official Rules shall prevail, govern and control.

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

9. WINNERS LIST: For a winner list, please click here. The winner list will be posted after winner confirmation is complete.

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

11. SWEEPSTAKES 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 Sweepstakes must be directed to the Sponsor or Administrator only, and NOT to Instagram, Inc. or Meta Platforms, Inc..