RITZ Live Buttery-er Activation
OFFICIAL RULES
NO PURCHASE OR SCAN
NECESSARY.
A PURCHASE OR SCANNING WILL NOT IMPROVE YOUR CHANCES OF WINNING.
OPEN TO LEGAL RESIDENTS OF THE 50 UNITED
STATES AND THE DISTRICT OF COLUMBIA, 18 YEARS AND OLDER.
The
Sweepstakes is no way sponsored, endorsed, administered by, or associated with
TikTok Inc. TikTok Inc. is not affiliated with Sponsor in any way.
1. TO ENTER: RITZ Live Buttery-er
Activation (the “Sweepstakes”),
sponsored by Mondelēz Global LLC (“Sponsor”), begins at
approximately 12:00 a.m. ET on May 1, 2024 and ends at
11:59 p.m. ET on May 20, 2024 (the “Sweepstakes Period”). There are two (2)
ways to enter the Sweepstakes.
A.
Enter by Posting a Video to TikTok:
Participation
Requirements: An individual, 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. You must use a wireless mobile device to enter by
posting a video on TikTok. When using 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 (see
Section 1.B. below for how to enter by mail). You may not use a corporate or shared TikTok account to participate.
Entry Requirements: To enter by posting a video to TikTok, take the following actions
during the Sweepstakes Period:
(1)
Locate
the TikTok post posted by @theritzcrackersofficial that advertises this
Sweepstakes (herein “Sweepstakes Post”) and click on the “Live Buttery-er”
TikTok effect filter (herein, “Buttery-er Effect”). Alternatively, you may
click on the “Effects” icon in the lower left hand
corner of the recording screen on TikTok to search for the Buttery-er Effect;
(2)
Create
a video (no longer than 30 seconds) that uses the Buttery-er Effect (including
the sound made available in the Buttery-er Effect) to show your “Buttery-er” self;
(3)
Post
your video to TikTok and include an @mention of @theritzcrackersofficial and
the hashtags #livebutteryer and #RITZcontest in the
original caption to your post (your “TikTok Post”). There is no RITZ
cracker or other purchase necessary to enter this Sweepstakes. Therefore, your
TikTok Post need not include Sponsor’s products or services, or any reference,
positive or negative, to Sponsor’s products or services. Including
a product or service or refering to a product or service
will not improve your chances of winning. Your TikTok Post must also
comply with the Guidelines and Content Restrictions stated below; and
(4)
You
must keep the same TikTok handle during the Sweepstakes Period and until the
prizes are awarded (as described in Section 4, below) so we may communicate with you if you are selected as the potential
winner.
Should your TikTok Post meet all requirements,
and if timely posted, you will receive one (1) entry into the Sweepstakes. All
TikTok Posts must be posted during the Sweepstakes Period to be eligible for
inclusion in the prize drawing described in Section 4, below. TikTok Posts will
not be judged.
Guidelines and Content
Restrictions for your Entry on TikTok:
·
Your
TikTok Post must be in English;
·
Your
TikTok Post must meet TikTok’s format and size requirements;
·
The
video portion of your TikTok Post may be no longer than 30 seconds;
·
Your
TikTok Post must be your original work, created only by you while using the
Buttery-er Effect;
·
Your TikTok Post
need
not show or include any reference, positive or negative, to Sponsor’s products,
including, but not limited to, RITZ cracker products. Including such a
reference or image in your entry will not improve your chances of winning;
·
Your
TikTok Post 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 TikTok Post and to grant the rights set forth in
Section 2. If requested, entrant must be able to provide such permissions in a
form acceptable to Sponsor. You may only
include minors in your TikTok Post if they are your children/legal wards;
·
Your
TikTok Post 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
your TikTok Post must not contain content created by a third party, such as
logos (including, but not limited to, the logos of sports teams or brands),
branded products (other than Sponsor’s products, which are not required), music
(other than the music provided in the Buttery-er Effect), images (other than
those provided by the Buttery-er Effect) or artwork;
·
Your
TikTok Post must not disparage Sponsor or its products or services or any other
product, person or party;
·
Your
TikTok Post 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;
·
Your
TikTok Post must not contain material that is inappropriate, offensive,
indecent, obscene, sexually explicit or suggestive, tortious, defamatory,
slanderous or libelous in the opinion of the Administrator (as defined in
Section 3, below);
·
Your
TikTok Post 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;
·
Your
TikTok Post must not contain any personal identification, such as license plate
numbers, personal names of individuals other than entrant, e-mail addresses or
street addresses; and
·
Your
TikTok Post must not contain material that is unlawful, in violation of, or
contrary to the laws or regulations in any jurisdiction where your entry is
created.
ENTRIES
POSTED TO TIKTOK REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANTS
AND DO NOT REFLECT THE VIEWS/OPINIONS OF any of the Promotion Parties (AS
DEFINED IN SECTION 3, BELOW) IN ANY MANNER. ANY ENTRY THAT, IN THE SOLE OPINION
OF THE PROMOTION PARTIES, IS DEEMED TO BE INAPPROPRIATE FOR PUBLICATION OR
INCLUSION IN THE SWEEPSTAKES FOR ANY REASON WILL BE DISQUALIFIED.
B.
Enter by Mail: To enter without posting
a TikTok video, legibly print your name, address, phone number, email address,
and date of birth on a piece of paper and mail it in an envelope with proper
postage to “RITZ Live Buttery-er Activation,” c/o Merkle
Inc., P.O.
Box 5022, Department 861252, Kalamazoo, MI 49003-5022.
If
properly completed and submitted, you will receive one (1) entry into the
Sweepstakes. All mail-in entries must be postmarked by May 20, 2024 and received by May 28, 2024 in order to be eligible
for inclusion in the prize drawing described in Section 4, below. All mail-in
entries become the exclusive property of Sponsor and
none will be acknowledged or returned. Proof of sending or submission will not
be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for
lost, late, damaged, incomplete, invalid, unintelligible, illegible,
misdirected or postage-due mail-in entries, all of which will be disqualified.
Entry Limit: You may enter one (1)
time during the Sweepstakes Period, either by posting a video to TikTok as
described in Section 1.A. or by mail as described in Section 1.B. 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, TikTok accounts, identities, physical addresses
or any other methods will void all of that individual's entries and that
individual will be disqualified. In
the event of a dispute as to the identity of an entrant, Sponsor and Administrator
will rely on the information associated with the entrant’s social account used
to enter this Sweepstakes. If information provided by entrant to claim the
prize (including but not limited to your name) is inconsistent with the social
account used to enter (including but not limited to the account holder’s name),
Sponsor and/or Administrator may disqualify such
entrant and such disqualification may result in the forfeiture of the prize (if
applicable). Sponsor, in its discretion, may request additional documentation
from entrant to confirm entrant’s identity.
2. SPONSOR’S USE OF ENTRIES: Submitting 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 licensees, and further waives any “Moral Right of
Authors” (Droit Moral) in the entry.
By submitting 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 and the District
of Columbia (“D.C.”) who are 18 years of age or older at time of entry. The
respective employees, officers and directors of the Sponsor, Merkle Inc. (“Administrator”), 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. The Sweepstakes is void outside the 50 United States, D.C. and
where prohibited.
4. SWEEPSTAKES DRAWING: Administrator
is an independent 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 winner. Administrator will select one (1)
potential prize winner in a random drawing from all entries received during the
Sweepstakes Period through both entry methods combined on or around June 5,
2024. If the potential winner entered by posting an
entry on TikTok, the potential winner will be notified by Sponsor’s @theritzcrackersofficial account on TikTok 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 three (3) days of the date notice or
attempted notice is sent in order to claim the prize. There is no cost to
the potential winner to complete the form, and Sponsor and Administrator will
never request for a credit card number or any other form of payment in order for potential winner to claim the prize. If the
potential winner entered by mail, they will be notified via email from
Administrator. If the 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/legal ward. If the potential winner is
not a Minor, the potential winner will be required to sign and return a
Declaration, which must be received by Administrator within four (4) days of
the date the Declaration is issued. The Declaration document will be sent to
the potential winner (or, if the potential winner is a Minor, to the potential
winner’s parent or legal guardian) by email from Administrator. If the
potential winner or potential winner’s parent/legal guardian (if applicable)
cannot be contacted,
or the prize or prize notification is returned as undeliverable, or if the potential winner or potential
winner’s parent/legal guardian (if applicable) fails to provide the requested
information within the required time period, or if the potential winner is deemed ineligible to
receive the prize for any reason, the 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. The prize will be awarded provided it is
claimed properly in accordance with these Official Rules.
Odds of winning the prize will depend on the
number of eligible entries received during the Sweepstakes Period through both
entry methods combined. Receiving the
prize is contingent upon compliance with these Official Rules.
5. PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”): One (1) Grand Prize
will be awarded, as follows.
ONE (1) GRAND PRIZE: One (1) bar of 24
karat solid gold shaped like a stick of butter with RITZ branding, measuring
approximately 4” long x 1.43” high x 1.39” wide, weighing 1,531.3 grams. ARV: $100,000.
Note: Value was calculated based on the price of gold at the time these
Official Rules were written. The actual value of gold is subject to prize
fluctuations in the marketplace based on, among other things, any gap in time
between the date the ARV is estimated for purposes of these Official Rules and
the date the prize is awarded. Winner will not receive the difference between
the actual and approximate retail value (if any).
Sponsor will also provide winner a single cash
payment in the form of a check, which is intended to assist the winner with any
federal, state, or other tax obligations related to the Grand Prize. This
payment will be $30,000. The Grand Prize winner’s actual tax liabilities
related to the Grand Prize could exceed this amount. The Grand Prize
winner is solely responsible for all applicable federal, state, or other tax
obligations related to the Grand Prize. Sponsor will not provide any
further assistance toward the winner’s tax obligations.
Prize is
non-transferable and no substitution or cash redemption will be made except as
provided herein or at the Sponsor’s sole discretion. Sponsor may substitute a
prize of equal or greater value if the advertised prize becomes unavailable.
Prize will be securely transported to the winner’s home mailing address within
approximately 8-10 weeks following the conclusion of the Sweepstakes and
verification of the winner’s eligibility and compliance with these Official
Rules. Total ARV of the Grand Prize is $130,000.
No more than one (1)
prize will be awarded for any reason. If more than one (1) prize notification is
issued, the one (1) intended prize will be awarded in a random drawing from
among all recipients of such notifications.
6. GENERAL RULES: 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. By entering the Sweepstakes, entrants, (and their parents/legal
guardians if entrants are Minors) further agree to release and hold Promotion
Parties, TikTok Inc., their respective parents, subsidiaries, affiliates,
promotion agencies and agents, and each of their respective directors,
officers, employees and assigns (the “Released Parties”), harmless from and
against any and all claims and liability arising out of participation in the
Sweepstakes or use or redemption of the prize (if applicable). Acceptance of
the 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,
TikTok handle (if applicable), likeness (and biographical information) and
photograph (including, without limitation, winner’s TikTok account profile
photo, if applicable) 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, late, lost, undeliverable, damaged, postage-due or
stolen mail, 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 any of TikTok’s equipment or
programming or by any human or other error which may occur in the transmission,
receipt or processing of any entries in this Sweepstakes, the administration of
the Sweepstakes or the announcement of the winner. 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, the Sponsor reserves the right to modify or terminate the
Sweepstakes 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 Sweepstakes Period, the prize will be awarded by random drawing from among
all eligible, non-suspect entries received as of the date/time of termination
through both entry methods combined. All federal, state
and local laws apply.
The prize winner (or
winner’s parent or legal guardian if winner is a Minor) acknowledges that the
prize is awarded “as is” and that the Released Parties have not made, and are
not in any manner responsible or liable for, any representation, guarantee or
warranty, express or implied, in law or in fact, relative to the prize,
including, but not limited to its quality, mechanical condition or fitness for
a particular purpose.
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 the prize 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. WINNER’S NAME: For the name of the winner, please click HERE. The winner’s name 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 TikTok Inc.