Sour Patch Kids Lemonade Fest 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,
16 YEARS AND OLDER.

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

           

1. TO ENTER: The Sour Patch Kids Lemonade Fest Sweepstakes (the “Sweepstakes”), sponsored by Mondelēz Global LLC (“Sponsor”), begins at approximately 12:00 a.m. ET on May 29, 2023 and ends at 11:59 p.m. ET on August 29, 2023 (the “Sweepstakes Period”).

 

Participation Requirements: An individual, personal TikTok account is required to participate. Additional account requirements are listed below in sub-paragraphs  (3) and (4). 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 TikTok’s Terms of Service 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 TikTok account to participate.

 

Entry Requirements: To enter, take the following actions during the Sweepstakes Period on TikTok. You may enter one (1) time during the Sweepstakes Period.  

 

(1)   Follow @therealsourpatchkids on TikTok;

(2)   Post a video (no longer than thirty (30) seconds) to TikTok that: (a) describes a sour moment; (b) includes #Sweepstakes as a text overlay to your video; (c) includes the Sponsor-owned “Sour Sweet Summer” sound provided on Tik Tok (the “Sweepstakes Sound”); (d) includes  #SPKMakesLemonade in the original caption of your post (your “TikTok Post”); and (e) tags @therealsourpatchkids in the original caption of your TikTok Post. Your TikTok Post need not include any reference, positive or negative, to Sponsor’s products or services. Including such a reference will not improve your chance of winning. Your TikTok Post must also comply with the Guidelines and Content Restrictions stated below;

(3)   You must keep the same TikTok handle during the Sweepstakes Period and until the prizes are awarded (as described in Section 4, below); and

(4)   There is no requirement that your TikTok handle is public. However, your direct message account settings must be set to “Friends” during the Sweepstakes Period and until the prizes are awarded (as described in Section 4, below) so that we may communicate with you if you are selected as a potential winner.

 

Should your TikTok Post meet all requirements, you will receive one (1) Entry into the Sweepstakes. TikTok Posts will not be judged.

 

 

Guidelines and Content Restrictions for all Entries:

·       Your Entry must be in English;

·       Your Entry must meet TikTok’s format and size requirements;

·       Your Entry may be no longer than 30 seconds;

·       Your Entry must be your original work, created only by you;

·       Your Entry need not include any reference or image, positive or negative, to Sponsor’s products, including, but not limited to, Sour Patch Kids candy. For the avoidance of doubt, you are not required to use/show Sour Patch Kids candy in your video. Including such a reference or image in your Entry will not improve your chances of winning;

·       Your 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 Entry 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. You may not include minors in your Entry unless they are your children/legal wards;

·       Your 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. Therefore your Entry must not contain content created by a third party, including but not limited to:

o   Logos,

o   branded products (other than Sponsor’s products),

o   music (other than the Sponsor’s Sweepstakes Sound on TikTok),

o   images or artwork, including for example, stickers or any other content offered by TikTok (note that a text overlay and emojis are permitted);

·       Your Entry must not disparage Sponsor or its products or services or any other product, person or party;

·       Your 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;

·       Your Entry 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 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;

·       Your Entry 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 Entry 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.

 

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. 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.

 

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 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 TikTok account 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 a TikTok account by TikTok Inc.

 

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 licensees, and further waives any “Moral Right of Authors” (Droit Moral) to 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 16 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 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 50 United States, D.C. and PR and where prohibited. 

4. SWEEPSTAKES DRAWINGS AND WINNER REQUIREMENTS: 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 randomly select one (1) potential Sweepstakes Grand Prize winner from all Entries received during the Sweepstakes Period on or around August 30, 2023.

 

Administrator will randomly select one hundred (100) potential Sweepstakes First Prize winners in four (4) drawings from all Entries received during the applicable “Week” combined with all non-winning Entries received in previous “Weeks”. The drawings will be conducted on or around the dates set forth in the table below.

 

Week

Start Date

End Date

Drawing Date

1

May 29, 2023

June 16, 2023

June 20, 2023

2

June 19, 2023

July 7, 2023

July 10, 2023

3

July 10, 2023

July 28, 2023

July 31, 2023

4

July 31, 2023

August 18, 2023

August 21, 2023

 

 

Each potential winner will be notified by Sponsor via direct message 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 applicable prize. If any 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. The potential Grand Prize winner (if not a Minor) 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. 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 for the Grand Prize and one (1) time for each First Prize, 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 the Grand Prize depend on the number of eligible Entries received during the Sweepstakes Period. Odds of winning a First Prize depend on the number of eligible Entries received during the applicable Entry Period combined with all non-winning Entries received in previous drawings. Receiving a prize is contingent upon compliance with these Official Rules. Limit: One (1) prize per person.

 

5. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): One (1) Grand Prize and One Hundred (100) First Prizes will be awarded, as follows.

 

ONE (1) GRAND PRIZE: A trip for winner and five (5) guests to Miami, Florida. Trip package includes round trip, coach-class air transportation for six (6) from a major airport near winner’s home (determined by Sponsor in its sole discretion) to Miami, FL; four (4) nights' accommodations at a hotel determined by Sponsor in its sole discretion (two rooms, each quad occupancy); ground transportation to and from destination airport and hotel; $3,820 spending money; and a gift bag. There exists an inherent risk of exposure to COVID-19 in any public place where people are present. COVID-19 is a contagious disease that can lead to severe illness and death. By traveling and attending event, winner and winner’s guests voluntarily assume all risks related to exposure to COVID-19.  Winner must complete the trip within one (1) year of the drawing date or prize will be forfeited. Trip must be booked at least twenty-one (21) days prior to departure. Travel and accommodations are subject to availability and blackout dates. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, additional ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Unless child or legal ward of winner, each travel companion must be eighteen (18) years of age or older (or the age of majority in his/her jurisdiction of residence if the majority age there is over eighteen (18)) as of the date of departure and must travel on same itinerary and at the same time as the winner. If winner is a minor in their jurisdiciton of residence, at least one travel companion must be winner’s parent/legal guardian. Travel companions must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. Winner and travel companions are responsible for complying with any COVID-19 requirements set forth by airline, hotels, excursion and event venues or other vendors offering services that are part of the trip prize. Failure to comply with any required COVID-19 requirements may result in forfeiture of the prize or elements of the prize. Forfeiture of any aspect of the trip due to failure to meet these requirements will not impact the value of the trip as reported on an IRS Form 1099. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if any portion of the prize is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. Approximate Retail Value (“ARV”): $16,550.00. Actual value may vary based on airfare fluctuations, distance between departure and destination and number of guests that join the trip. Winner will not receive difference between actual and approximate retail value, if any. 

 

ONE HUNDRED (100) FIRST PRIZES (25 awarded each Week): Prize package that includes one (1) bucket hat, one (1) soft cooler, one (1) pair of sunglasses, and twelve (12) 8 oz. packs of SPK Lemonade product.  ARV: $97.00 each.

 

For All Prizes: All colors, features and details of items in each prize package are determined by Sponsor. 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. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Sponsor may substitute a prize (or portion thereof) of equal or greater value if an advertised prize (or portion thereof) becomes unavailable. First Prizes will be shipped to each winner’s home mailing address within approximately 8-10 weeks following the conclusion of the Sweepstakes and verification of each winner’s eligibility and compliance with these Official Rules. Total ARV of all prizes is $26,250.00.

 

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 (and components thereof) are awarded “as is”, By accepting a prize, each winner (or their parent/legal guardian if winner is a Minor) acknowledges and agrees that the Promotion Parties do not make, and are not responsible for, any representations, guarantees, or warranties of any kind, express or implied, in fact or in law, relating to the prize (or any component thereof), including, without limitation, any implied warranty of merchantability or fitness for a particular purpose, and all such warranties are hereby disclaimed.

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. 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, 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, TikTok handle, 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 Sweepstakes, including but not limited to 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 winners. 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 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 Tiktok Inc.