HALLS
“Man Cold” Sweepstakes
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
TikTok Inc. Sponsor is not affiliated with TikTok Inc. in any way.
1. TO ENTER: HALLS “Man Cold” Sweepstakes (the “Sweepstakes”), sponsored by Mondelēz Global LLC (“Sponsor”), begins
at approximately 10:00 a.m. ET on October 9, 2024 and
ends at 11:59 p.m. ET on October 31, 2024 (the “Sweepstakes Period”).
Participation Requirements: A personal
TikTok account is required to participate; business or shared TikTok accounts
are not permitted. If you do not have a TikTok account, you may open one for
free at TikTok.com. When you
create a TikTok account, 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 Sweepstakes.
Entry Requirements: To enter, take the
following actions during the Sweepstakes Period:
a.
Follow
@halls_us on TikTok;
b.
Locate
the TikTok post posted by @halls_us that advertises this Sweepstakes
(“Sweepstakes Post”);
c.
Comment
on the Sweepstakes Post with the hashtag #hallsmancold (“Comment”)
NOTE: Aside from the
required hashtag, your Comment need not include any reference or image,
positive or negative, to Sponsor’s products or services, and including such a
reference or image will not improve your chance of winning. Your
Comment must also
comply with the Guidelines and Content Restrictions stated below; and
d.
There is no requirement that your TikTok account is
public, however your account privacy must be set to allow for “friends” to
direct message you so we may communicate with you if you are selected as a
potential winner. You must also keep the same TikTok handle during the
Sweepstakes Period and until the prizes are awarded (as described in Section 4,
below) for communication purposes.
Guidelines and Content Restrictions for all
Comments:
·
Your
Comment must be in English;
·
Your
Comment must be your original work, created only by you;
·
Your
Comment 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, TikTok handles or any references to any other
individuals in your Comment and to grant the rights set forth in Section 2,
below. If requested, entrant must be able to provide such permissions in a form
acceptable to Sponsor;
·
Your
Comment 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 Comment 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 HALLS products, which are optional), music,
images or artwork;
·
Your
Comment must not disparage Sponsor or its products or services or any other
product, person or party;
·
Your
Comment 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
Comment 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
Comment 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
Comment must not contain any personal identification, such as license plate
numbers, personal names of individuals other than entrant without permission,
e-mail addresses or street addresses; and
·
Your
Comment must not contain material that is unlawful, in violation of, or
contrary to the laws or regulations in any jurisdiction where your Comment is
created.
Should your Comment meet all of the above
requirements, you will receive one (1) Entry into the Sweepstakes. Comments
will not be judged. Comments that violate any of the above Entry
Requirements or Guidelines and Content Restrictions will be
disqualified. POSTED COMMENTS 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.
Entry Limit: You may enter one (1)
time during the Sweepstakes Period. 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, 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 described in Section
4, below. In the event of a dispute as to the identity of an entrant, Sponsor
and Administrator will rely on entrant’s TikTok handle and other information
included in their TikTok account profile. If additional information provided by
entrant to claim the prize is inconsistent with the TikTok account used to
enter, Sponsor and/or Administrator may disqualify such entrant and such
disqualification may result in the forfeiture of any prize won. Sponsor, in its
discretion, may request additional documentation from entrant to confirm
entrant’s identity.
2. SPONSOR’S USE OF ENTRIES: Posting a Comment
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 Comment, 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 Comment. 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 Comment by Sponsor or its licensees, and further waives any “Moral Right
of Authors” (Droit Moral) in the
Comment.
3. ELIGIBILITY: The Sweepstakes is open
to legal residents of the fifty (50) United States, the District of Columbia
(“D.C.”), and Puerto Rico (“PR”), who are eighteen (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., Dentsu Inc., Weber Shandwick, DAVID Miami, Spark Foundry, Mavrck LLC dba Later Influence, Vayner Media and the respective parent companies, affiliates,
subsidiaries and agencies of each of the foregoing (collectively the
“Promotion Parties”), and members of the 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 fifty (50) United States, D.C. and PR and where prohibited.
4. SWEEPSTAKES DRAWING AND WINNER
COMMUNICATION:
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 winners.
Administrator will select fifty (50) potential prize winners in a random
drawing from all Entries received during the Sweepstakes Period on or around
November 4, 2024. Each potential winner will be notified
by Sponsor’s @halls_us account via direct message on TikTok after the date of
the drawing and will be directed to a secure website where potential winners
will be required to provide their name, date of birth, valid email address and
mailing address within three (3) days of the date notice or attempted notice is
sent in order to claim the prize. If a potential winner cannot be
contacted,
or a prize or prize notification is returned as undeliverable, or if a potential winner fails to provide any
requested information within the required time period, or
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 applicable
prize will not be awarded if it remains unclaimed. Each prize will be awarded
provided it is claimed properly in accordance with these Official Rules.
Receiving a prize is contingent upon compliance with these Official Rules.
5. PRIZES, APPROXIMATE RETAIL VALUE (“ARV”) AND
ODDS: Fifty
(50) prizes will be awarded, as follows:
FIFTY (50) GRAND PRIZES: One (1) HALLS Man Cold
Relief Kit, consisting of the following HALLS branded items: one (1) hooded
blanket; one (1) box of tissues one (1) water bottle and assorted HALLS
products. Total ARV of each Grand Prize: $94.00.
Odds of winning a prize will depend on the
number of eligible Entries received during the Sweepstakes Period. 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)
for one of equal or greater value if an advertised prize (or portion thereof)
becomes unavailable. Prizes will be shipped to winners’ home mailing addresses
within approximately 8-10 weeks following the conclusion of the Promotion and
verification of all winners. Winners acknowledge that all prizes are
awarded “as is” and that Released Parties (as defined in Section 6, below) 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 or any portion thereof, including, but not limited to its
quality, mechanical condition or fitness for a particular purpose. Total ARV of
all prizes is $4,700.00. Limit: One (1) prize per household.
6. RELEASE: By entering the 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, cause of
action and liability arising out of participation in the Sweepstakes, including,
but not limited to, personal injury, death, or damage to or loss of property,
third party claims involving the right to privacy, right of publicity, or
intellectual property infringement, or receipt, redemption, use or misuse of
any prize
(as 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, TikTok account handle, Comment/Entry, 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.
7. GENERAL RULES: Sponsor reserves the
right to cancel, suspend and/or modify the Sweepstakes (each, a
“discontinuance”), if any fraud, technical failures, human error, or any other
factor impairs the integrity or proper functioning of the Sweepstakes, or any
event or cause beyond Sponsor’s control (e.g. events such as natural
calamities, national emergencies, wide spread illnesses, declarations of war,
acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes,
including but not limited to fulfillment of the prizes, as determined by
Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion,
may elect to hold a random drawing from among all eligible entries received up
to the date of discontinuance. Sponsor reserves the right, in its sole
discretion, to disqualify any individual it finds to be tampering with the
entry process or the operation of the Sweepstakes, including but not limited to
submitting fraudulent entries, or to be acting in violation of the Official Rules
of this or any other promotion offered by Sponsor or in an unsportsmanlike or
disruptive manner. Any attempt by any person to deliberately undermine the
legitimate operation of the Sweepstakes may be a violation of criminal and
civil law, and, should such an attempt be made,
Sponsor reserves the right to seek damages from any such person to the fullest
extent permitted by law. Sponsor’s failure to enforce any term of these
Official Rules shall not constitute a waiver of that provision. In no event
will more prizes than are stated in these Official Rules be awarded. If, for
any reason, more prize notifications are sent (or more claims are received)
than the number of prizes offered as set forth in these Official Rules, Sponsor
reserves the right to award the intended number of prizes through a random
drawing from among all eligible prize notifications/claims received. 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. Limitations
of Liability:
The Released Parties are not responsible for: (a) any incorrect or inaccurate
information, whether caused by printing errors or by any of the equipment or
programming associated with or utilized in the Sweepstakes or provided by
entrants; (b) technical failures of any kind, including, but not limited to,
malfunctions, interruptions, or disconnections to the internet, in phone lines,
social media platforms, or network hardware or software; (c) unauthorized human
intervention in any part of the Sweepstakes, including but not limited to the
entry process; (d) technical or human error which may occur in the
administration of the Sweepstakes, including but not limited to the processing
of entries; (e) late, lost, undeliverable, damaged or stolen mail; or (f) 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. If for any reason an entrant's Entry
is confirmed to have been erroneously deleted, lost, or otherwise destroyed or
corrupted, entrant’s sole remedy is another Entry in the Sweepstakes, if it is
possible.
9. 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 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.
10. Entrant's Personal
Information: Information collected
from entrants is subject to Sponsor’s Privacy Policy.
11. WINNER INFOrmation: For a list of winners, please click HERE. Winners names will be posted after winner
confirmation is complete.
12.
SPONSOR:
Mondelēz
Global LLC, 100 Deforest Avenue, East Hanover, NJ 07936.
13. 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.