Ferrero USA – Tic Tac Shake Up Valentine’s Day Game 2021 Sweepstakes

1. ELIGIBILITY The Tic Tac® Shake Up Valentine’s Day Game 2021 (the “Game”) is open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older and who have a valid e-mail address as of the date of participation (“Eligible Participant”). Employees, officers and directors of Ferrero U.S.A., Inc. (“Sponsor”), its parent companies, subsidiaries, divisions, affiliates, and the advertising, promotional and judging agencies of each, including Gold N Fish Marketing Group LLC (“Administrator”); employees, officers and directors of any other entities affiliated with the development and administration of the Game (aforementioned individuals and organizations collectively, the “Game Parties”); and the immediate family members (parent, child, sibling, spouse, including “steps”) of each such person, and persons living in the same household as each such person (whether related or not) are not eligible. Any determinations of eligibility will be made by the Sponsor and/or Administrator, whose decisions are final and may be made at any time. Void where prohibited. All applicable federal, state and local laws and regulations apply. 2. GAME PERIOD The Game begins at 9:00:01 A.M. Eastern Time (“ET”) on December 28, 2020 and ends at 11:59:59 P.M. ET on February 26, 2021 (the “Game Period”). 3. AGREEMENT TO OFFICIAL RULES Participation in the Game constitutes the participant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Game Parties, which are final and binding. Winning is contingent upon fulfilling all requirements set forth herein. Any participant may be disqualified in Sponsor and/or Administrator’s sole discretion if he/she fails to comply with any of the terms of these Official Rules. For the purposes of these Official Rules, the term “participant” includes any person interacting with or attempting to interfere with the Game. 4. HOW TO ACCESS/PLAY THE GAME, AND HOW TO CLAIM A PRIZE IF YOU ARE A POTENTIAL WINNER Visit tictac.com/shakeit (the “Website”) during the Game Period and follow the on-screen instructions to: [a] allow the Website to access the microphone on your phone, computer or tablet (each, a “Device”) then shake a pack of Tic Tac® mints (with Tic Tac mints inside) near your Device so that the Website can recognize the unique sound, thereby allowing you access to the next step in participation; [b] complete the entry form by providing the required information to access the Game (including, but not limited to, your date of birth and email address); and then [c] press the “shake” button to shake an on-screen image of a pack of Tic Tac mints (a “Game Play”) to see whether your Game Play results in a winning message or not. No product purchase is necessary to play or win.If you would like to bypass step “[a]” above and participate without having a pack of Tic Tac mints, you may visit tic-tac-shake-it.com/us/shakegate in order to begin the participation process from step “[b]” above. Limit one (1) Game Play per person/email address regardless of method of play, for the duration of the Game Period. If your Game Play results in a non-winning message, you did not win a prize. If, in connection with your eligible Game Play, a valid winning message and prize description are displayed: [i] you are the potential winner of that prize, subject to verification of the Game Play, your eligibility, and your continued compliance with these Official Rules (a “Potential Winner”); and [ii] you must follow the Website’s instructions to IMMEDIATELY provide any additional requested information and acknowledgements, including by completing the additional form that is provided, confirming that you agree to the Official Rules, our Terms of Use, Privacy Policy, and delivery method, DURING THE SAME WEB SESSION IN WHICH YOU RECEIVED NOTIFICATION OF YOUR WINNING GAME PLAY in order to complete the online prize claim process. If you close your web browser (or experience any internet connectivity issues) during your participation prior to your successful completion of the online prize claim process, your Game Play and/or prize claim may be deemed invalid and the prize may be returned to the prize pool. Online prize claim web sessions cannot be saved for later. Sponsor and Administrator shall not be liable for internet connectivity or other web browser issues. Prize claims are subject to additional verification and restrictions; see Section 6 below for additional details. To be eligible, your online participation (and online prize claim, if applicable) must be completed no later than 11:59:59 P.M. ET on February 26, 2021. Late participation will be void and ineligible. All submitted information becomes property of Sponsor and may not be acknowledged. Multiple participants are not permitted to share the same email address. For clarity, one e-mail address per participant. The use of any device or technique to automate participation in the Game, including but not limited to, participation using any bot, macro, script, hack, on-line sweepstakes service or form-filling software (or any other devices or techniques intended to automate any part of participation in the Game) is prohibited. Participation by any means which subvert the participation process as described herein will be void. If Sponsor or its designee, in its sole discretion, determines that any participant has used any device or technique to automate or subvert the participation process or participation limits, all participation by that participant will be void and future participation attempts by the participant at issue may be blocked. Normal Internet access and usage charges imposed by a participant’s online service provider will apply. Participants are solely responsible for internet access and usage charges incurred during participation in the Game, if any. Note that free internet access is available at most public libraries. If you opt to use a wireless mobile device to participate, standard data rates and other charges may apply (regardless of whether you are successful in completing a Game Play); check with your mobile carrier for rates/details. Sponsor reserves the right to cancel, terminate, modify, or suspend the Game in the event that fraud or other circumstances prevent the Game from running as planned, as more fully detailed in Section 7 below. 5. PRIZES/WINNER DETERMINATION/ODDS The following prizes will be made available via the Game: Five (5) Espresso Machines selected by Sponsor, approximate retail value (“ARV”) $490 each; Five (5) Movie Projectors selected by Sponsor, ARV $313 each; Fifteen (15) Telescopes selected by Sponsor, ARV $242 each; Fifteen (15) Karaoke Machines selected by Sponsor, ARV $108 each; Fifteen (15) Cornhole Sets selected by Sponsor, ARV $120 each; and Twenty (20) Ice Cream Makers selected by Sponsor, ARV $80 each. The total ARV of all prizes is $12,665. A randomly selected time during the Game Period (each, a “Winning Time”) will be selected for each prize, for a total of Seventy-Five (75) Winning Times. The first Eligible Participant to complete a valid Game Play at or after a Winning Time will win the corresponding prize, subject to validation of the Game Play, verification of participant’s eligibility, and participant’s continued compliance with these Official Rules. The Winning Times will be randomly determined via a computer program. All Game Plays are subject to verification by Sponsor or its designee, whose decisions are final and binding. A participant will only be deemed the winner of a prize once his/her eligibility and the validity of his/her Game play have been verified by Sponsor or its designee, regardless of any message displayed in connection with such participant’s Game Play. Screen shots or any other purported evidence of winning will not be accepted in place of Sponsor’s own methods of Game Play verification. Decisions of Sponsor are final, binding and conclusive in all matters related to the Promotion. Any Game Play that occurs after the system has failed for any reason is void and will not be honored. The odds of winning a prize depend on the number of eligible Game Plays and the timing of such Game Plays. Limit one (1) prize per household/address and per valid email address. 6. WINNER VERIFICATION AND ADDITIONAL RESTRICTIONS All taxes (including without limitation Federal, state and local taxes) in connection with a prize, and the reporting consequence thereof, are the sole responsibility of the applicable prize recipient. Expenses not specified will be the responsibility of the applicable prize recipient. Any prize details not specified herein (including, but not limited to, prize brand names and models) will be determined by Sponsor in its sole discretion. No prize transfer. No prize substitution except at Sponsor’s sole discretion due to prize unavailability, in which case a prize of comparable or greater value will be awarded. In addition to the online prize claim process described above in Section 4, Potential Winners may be required (at Sponsor and/or Administrator’s sole discretion) to complete a declaration of eligibility, a liability release, and (where legal) a publicity release, which will be sent to the participant by email and must be completed and returned as instructed within seven (7) days of attempted notification, or the applicable prize will be forfeited. Proof of identity, age, and legal residence may be required to claim a prize. Any winner or Potential Winner may be disqualified (and the applicable prize forfeited) in Sponsor and/or Administrator’s sole discretion if: (a) the applicable winner or Potential Winner fails to reply or to provide any required information or properly completed documents within the required time period; (b) the applicable winner or Potential Winner fails to comply with any of the terms of these Official Rules; or (c) if any prize or prize notification is returned as undeliverable. In the event of prize forfeiture or the disqualification of any winner, at Sponsor and/or Administrator’s sole discretion the forfeited prize may be awarded: [a] by adding a new corresponding Winning Time to occur randomly during the remainder of the Game Period; or [b] if insufficient time remains during the Game Period, by awarding the prize to the participant who participated next after the applicable disqualified participant, pending verification of eligibility. Unclaimed prizes will not otherwise be awarded. No responsibility is assumed by Sponsor for any incorrect or missing contact information associated with participation or prize claim, or for any change of contact information of a participant after submission. Prepaid debit cards are subject to the terms, conditions, and restrictions as set by the issuer. Prepaid debit card issuer will be determined by Sponsor in its sole discretion. Winners should expect to receive their prizes by mail within approximately 4 to 6 weeks following winner verification. Prizes will only be shipped to a valid mailing address in the 50 United States or the District of Columbia (no PO boxes). 7. GENERAL Releasees (as defined below in Section 10) are not responsible for late, lost, stolen, misdirected, delayed, illegible, inaccurate, or incorrect Game Plays, forms, or prize claims, or for other failures, problems, malfunctions or errors whether caused by equipment, software, human error or otherwise relating to or in connection with the Game, including, without limitation, errors which may occur in connection with the administration of the Game, the processing of Game Plays or prize claims, the announcement of the prizes or winners, or for printing, typographical, human, seeding or other errors in connection with this Game or other such errors appearing in these Official Rules or other Game-related materials. Game Plays are void if not made in accordance with these Official Rules, or if any part is tampered with in any way, or if they contain (or are the result of) any error. Releasees will have no liability for Game Plays which contain (or are the result of) technical, typographical, or other errors, except the Sponsor may replace such Game Plays with properly functioning Game Plays or a replacement prize opportunity of equivalent odds and value, while supplies last. Although Sponsor attempts to ensure the integrity of the Game, Releasees are not responsible for the actions of participants or other individuals in connection with the Game, including participants’ or other individuals’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Game. Releasees are not responsible for injury or damage to participant’s or to any other person’s computer(s), wireless devices, other equipment or person(s), related to or resulting from participation in the Game or downloading materials from or using any website. In the event of any conflict between any Game details contained in these Official Rules and Game details contained in any Game advertising materials or disclosures, the details of the Game as set forth in these Official Rules shall prevail. If, for any reason and at any time, the Game is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, by reason of any acts of God, terrorist acts, disease, pandemic, earthquake, war, fire, flood, unusually severe weather, strikes or legal disputes (whether legal or illegal), industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen or unavoidable obstacles, or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Game, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify, or suspend all or any part of the Game, and to select winners in a random drawing from among all eligible non-suspect Game Plays (if any) and/or prize claims received up to the time of such cancellation, termination, modification, or suspension, (if any) as applicable, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. You are not a winner until your Game Play has been verified and you have complied with these Official Rules. No prize will be awarded in connection with any participation that occurs while the Website is not operating according to Sponsor’s intention. In no event will Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules, at any prize level. If, due to a technical, typographical, mechanical or other error, the number of prize claims received is greater than the listed number of prizes at any prize level, such listed number of prizes (or in Sponsor’s sole discretion, the number of available prizes remaining at such prize level, at the time such error is discovered) will be awarded in a random drawing from among all Eligible Participants who: [a] submit a legitimate prize claim for that level; and [b] have not already received one of the applicable prizes prior to the discovery of such error. By participating in this Game, participants agree to waive any right to claim ambiguity or any deficiency in these Official Rules or the Game, including its administration. 8. RIGHTS OF PUBLICITY By participating in this Game, unless prohibited by law, each Potential Winner consents to use of his/her respective name, city and state, and prize information for advertising or publicity purposes for this and similar promotions without compensation, and may be required to provide a signed release acknowledging such consent. Moreover, by participating in this Game, unless prohibited by law, each potential prize recipient agrees to grant to Sponsor and its licensees, affiliates and assigns, the right to print, publish, broadcast and use worldwide in any media now known or hereafter developed, including without limitation the World Wide Web, at any time or times, the prize recipient’s respective name, city and state, and prize information as news or information and for advertising and promotional purposes without additional consideration. 9. CONDUCT BY PARTICIPATING IN THIS GAME, PARTICIPANTS: (A) FULLY AND UNCONDITIONALLY AGREE TO BE BOUND BY THESE OFFICIAL RULES AND BY ALL DECISIONS OF SPONSOR AND ADMINISTRATOR AND THEIR DESIGNEES (WHICH DECISIONS SHALL BE FINAL AND BINDING IN ALL RESPECTS), INCLUDING WITHOUT LIMITATION DECISIONS REGARDING ELIGIBILITY, WINNERS AND THE INTERPRETATION OF TERMS USED IN THESE OFFICIAL RULES; (B) REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY PARTICIPANT IN CONNECTION WITH THE GAME IS TRUE, ACCURATE AND COMPLETE; AND (C) AGREE TO COMPLY WITH ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. SPONSOR AND ADMINISTRATOR AND THEIR DESIGNEES RESERVE THE RIGHT, AT ANY TIME AND IN THEIR SOLE DISCRETION, TO DISQUALIFY AND/OR DEEM INELIGIBLE TO PARTICIPATE IN THIS GAME OR ANY FUTURE SPONSOR PROMOTIONS, ANY INDIVIDUAL THEY SUSPECT: (A) TO BE TAMPERING WITH THE PARTICIPATION PROCESS OR THE OPERATION OF THE GAME OR ANY WEBSITE; (B) TO BE ACTING IN VIOLATION OF THE OFFICIAL RULES OR SPONSOR’S PRIVACY POLICY OR OTHER TERMS, CONDITIONS OR GUIDELINES; (C) TO BE ACTING IN BAD FAITH OR IN A DISRUPTIVE MANNER, OR WITH THE INTENT TO ANNOY, ABUSE, THREATEN OR HARASS ANY OTHER PERSON; (D) TO HAVE FAILED TO AGREE TO THESE OFFICIAL RULES; OR (E) TO BE IN VIOLATION OF THESE OFFICIAL RULES. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY INTERNET SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME IS A VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD SPONSOR BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE PARTICIPANT(S) AND OTHER RESPONSIBLE INDIVIDUAL(S) IN THE ATTEMPTED DAMAGE TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION. 10. RELEASE AND INDEMNIFICATION BY PARTICIPATING IN THIS GAME, PARTICIPANTS FOREVER AND IRREVOCABLY RELEASE, INDEMNIFY AND HOLD THE GAME PARTIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, Affiliates, REPRESENTATIVES, AGENTS, SHAREHOLDERS, SUCCESSORS AND ASSIGNS (AFOREMENTIONED INDIVIDUALS AND ORGANIZATIONS COLLECTIVELY, “RELEASEES”) HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE GAME, ATTENDANCE OR PARTICIPATION IN ANY GAME-RELATED ACTIVITY, OR RESULTING DIRECTLY OR INDIRECTLY FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE GAME OR ANY ITEM REDEEMED THEREWITH, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION AND/OR INVASION OF PRIVACY AND THE COLLECTION, USE AND/OR SHARING BY SPONSOR OF PERSONALLY IDENTIFIABLE INFORMATION OF THE PARTICIPANTS, OR FOR ANY PRINTING, PRODUCTION, TYPOGRAPHICAL, HUMAN OR OTHER ERROR IN THE PRINTING, OFFERING OR ANNOUNCEMENT OF ANY GAME PLAY OR PRIZE. 11. LIMITATION OF LIABILITY IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF ANY WEBSITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITE, THE REMOVAL FROM ANY WEBSITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR ATTENDANCE OR PARTICIPATION IN, ANY PRIZE PROVIDED IN CONNECTION WITH THE GAME. WITHOUT LIMITING THE FOREGOING, THE GAME, ALL PRIZES AND ALL MATERIALS PROVIDED ON OR THROUGH ANY WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 12. DISPUTES/GOVERNING LAW Except where prohibited, each participant agrees that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Game or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of New Jersey; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Game and in no event will a participant be permitted to obtain attorneys’ fees or other legal costs; (c) under no circumstances will a participant be permitted to obtain awards for (and participant hereby waives all rights to claim) 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; and (d) a participant’s remedies are limited to a claim for money damages (if any) and participant irrevocably waives any right to seek injunctive or equitable relief. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Game, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey. 13. COLLECTION AND USE OF PERSONAL DATA Sponsor will be collecting personal data about participants online, in accordance with its Privacy Policy. Please review Sponsor’s Privacy Policy at www.TicTacUSA.com. By participating in the Game, participants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy. In the event of any conflict between these Official Rules and Sponsor’s Privacy Policy, the terms and conditions of these Official Rules shall prevail. 14. MISCELLANEOUS (a) Severability/Headings: If any provision of these Official Rules is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. (b) Winners: To receive the first name, last initial, city and state of the winners, send a self-addressed, stamped envelope to: Tic Tac Shake Up Valentine’s Day 2021 Winners, PO Box 750, Southbury, CT 06488-0750. Requests must be received by April 30, 2021. Sponsor: Ferrero U.S.A., Inc., 7 Sylvan Way, 4th Floor, Parsippany, NJ 07054 Administrator: Gold N Fish Marketing Group LLC, 53 Old Route 22, Armonk, NY 10504 © 2020 Ferrero U.S.A., Inc. All rights reserved.