Hormel – Corn Nuts Brand Crunch Contest – Tiktok Sweepstakes

Official CORN NUTS® brand
Crunch Contest

Official
Rules

 

This Contest is in no way
sponsored, endorsed, or administered by TikTok Inc.

 

1. Eligibility: The Official
CORN NUTS® brand Crunch Contest (the “Contest”) is open only to legal residents
of the fifty (50) United States and the District of Columbia excluding Iowa, Louisiana,
Maryland and Tennessee who are at least eighteen (18) years old at the time of
entry. Employees of Hormel Food Sales LLC, Vayner
Media, Merkle Inc., and any of their parent and affiliate companies as well as
the immediate family (spouse, parents, siblings, and children) and household
members of each such employee are not eligible. The Contest is subject to all
applicable federal, state, and local laws and regulations and is void in Iowa,
Louisiana, Maryland, Tennessee and where prohibited.     

 

2. Sponsor: Hormel Food Sales, LLC, 1
Hormel Place, Austin, MN 55912. Administrator: Merkle Inc., 3000 Town Center, Floor
21, Southfield, MI 48075.

 

3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full
and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s
decisions, which are final and binding in all matters related to this Contest.
Winning the prize is contingent upon fulfilling all requirements set forth
herein, including consent
to a confidential background check to confirm potential winner’s eligibility and
compliance with these Official Rules. Due
to the nature of the prize offered, if a background check reveals that a potential
winner has engaged in conduct that could damage the reputation of or reflect unfavorably on
Sponsor or any of the Released Parties, as determined by Sponsor in its
discretion, the potential winner may be disqualified.

 

4.
Timing: The Contest
begins on July 25, 2022 at 12:00 a.m. Eastern Time (“ET”) and ends on
August 3, 2022 at 11:59 p.m. ET (the “Contest Period”). TikTok’s
servers are the official time-keeping devices for the Contest.

 

5. How to
Enter:

Participation Requirements: To participate, you will need to have a public TikTok
account. Your TikTok account’s privacy settings must allow for friends to
direct message you. Creating a TikTok account is free but subject to its terms and conditions. If you use your
wireless carrier’s network when creating your entry, standard data charges from
your wireless carrier may apply. 

 

Entry Requirements: During the Contest Period, take the following actions to receive an
entry:

(a) Follow @cornnutsbrand
on TikTok;

(b) Create a video (up to 30 seconds long) showing your passionate crunching
of CORN NUTS® brand toasted corn kernels. Your video must also include:

       i.       a package of CORN NUTS®
brand toasted corn kernels;

      ii.       the “Official Crunch Finder”
custom sound available within the TikTok library; and

    
iii.      
#contest as a text overlay to your video in a contrasting font large
enough to be seen.

    
iv.      
See Guidelines and Content Restrictions below for further requirements regarding
the content of your video;

(c) Upload your video to TikTok (herein your “Contest Entry”).

(d) Your
account settings must remain public during the Contest Period and until the prize
is awarded (as described in Section 8); and

(e) You must
not change your TikTok handle or modify your privacy settings during the Contest
Period and until the prizes are awarded (as described in Section 8).

 

Guidelines: 

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

·        
You must crunch responsibly. All crunching performed in
connection with this Contest is at your own risk. Sponsor is not responsible for any
claims of injury associated with crunching on CORN NUTS® brand toasted corn kernels,
including but not limited to chipping your teeth (see Section 10
below); and

·        
The
Contest Entry must be in English and no longer than 30 seconds.

 

Content Restrictions:

·        
The
Contest Entry must be your original work;

·        
The
Contest Entry may not include any individuals and/or the likenesses of any individuals
other than yourself;

·        
The
Contest Entry must not convey any claims of Sponsor’s products or services that
would be deemed unsubstantiated or deceptive if made by Sponsor;

·        
The
Contest Entry must not contain material that violates or infringes another’s
rights, including but not limited to privacy, publicity, or intellectual
property rights that constitutes copyright or trademark infringement. Therefore
the Contest Entry must not contain content created by a third party, such as music
(other than the custom sound provided by @cornnutsbrand in the Contest Post), images
or artwork, or brand names or trademarks other than those owned by Sponsor;

·        
The
Contest Entry must not disparage Sponsor or any other person or party;

·        
The
Contest Entry must not promote or reference alcohol, illegal drugs, tobacco, or
firearms/weapons, any activities that are or appear to be dangerous, or any
political agenda;

·        
The
Contest Entry must not contain material that is inappropriate, offensive, indecent,
obscene, sexually explicit, tortious, defamatory, slanderous or libelous;

·        
The
Contest Entry must not contain material that promotes bigotry, racism, hatred
or harm against any group or individual or promotes discrimination based on
race, gender, religion, nationality, disability, sexual orientation, or age;
and

·        
The
Contest Entry must not contain material that is unlawful, in violation of, or
contrary to the laws or regulations in any state where Contest Entry is created.

 

By posting a Contest
Entry that follows all of the requirements listed above, you will receive one
(1) entry into the Contest. Sponsor, in its sole discretion, may disqualify your
Contest Entry if it believes that it fails to conform.

 

Limit: One (1) Contest Entry per person. Contest Entries generated
by script, macro or other automated means are void. Multiple entrants are not permitted to share the same
TikTok account. In the event of a dispute as to any
registration, the authorized account holder of the TikTok account used to
register will be deemed to be the entrant. The “authorized account holder” is
the natural person assigned an email address by an Internet access provider,
online service provider or other organization responsible for assigning email
addresses used to create the TikTok account. The potential winner may be
required to show proof of being the authorized account holder. Released Parties (as defined in Section 10, below) are not
responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible,
garbled, delayed, or misdirected Contest Entries or failure to receive Contest
Entries due to limitation of third-party social network platforms; all of which
will be void. 

 

6.
Sponsor’s Use of Contest Entries: Posting a Contest Entry constitutes entrant’s consent
to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license
to use, reproduce, modify, publish, create derivative works from, and display or
play audio from such submissions 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. If
requested, entrant will sign any documentation that may be required for Sponsor
or its designees to make use of the non-exclusive rights entrant is granting to
use the Contest Entry. 

 

7. Winner Determination: During the Judging Phase, a panel of qualified judges determined by Sponsor in its sole
discretion will select the entrant with
the highest-scoring Contest
Entry from among all eligible Contest Entries based
on the following criteria (“Judging Criteria”):

·        
Crunch
Clarity and Quality: Does Contest
Entry include a high sound-quality crunch, with a crispness and clarity to the crunch
sound? (30%)

·        
Personality
and Presence of Entrant : Has entrant
put thought and heart into their Contest Entry? Does entrant have an energetic
presence in their Contest Entry? (30%)

·        
Passion
and Creativity: Does
Contest Entry demonstrate a love for CORN NUTS® brand toasted corn kernels?
Does Contest Entry include a creative delivery of the crunch? (40%)

.

In
the event of a tie, the entrant whose Contest
Entry received the highest score for Passion and Creativity as determined by the qualified judges, in their sole discretion,
will be deemed the applicable potential winner from among the tied entrants. Sponsor reserves the right not to select a winner if, in
its sole discretion, it does not receive it does not receive a sufficient number
of eligible and qualified Contest Entries. Sponsor will not disclose judging scores.

 

8.
Winner Requirements: On or around August 12, 2022, potential winner will be
notified by @cornnutsbrand on TikTok and will
be directed to a secure online claim form and asked
to provide their name, mailing address and date of birth to confirm
eligibility and for prize fulfillment purposes within two (2) days of the date
notice or attempted notice is sent to claim the prize. Next, the potential winner
will be required to sign and return a Declaration of Compliance, Liability
Waiver and, where not prohibited, a Publicity Release including consent to
agree to a confidential background check (“Declaration”), which must
be received by Administrator, within two (2) days of the date notice or
attempted notice is sent, in order to claim the prize. By accepting the prize, winner
irrevocably grants, transfers, conveys and assigns to Sponsor the entirety of
the rights in and to the Contest Entry and all renewals and extensions of
copyright, and the right to secure copyright registrations thereto in perpetuity
including, without limitation, the rights to use the Contest Entry and/or any
component thereof for any and all purposes in any and all media whether now
known or hereafter developed, on a worldwide basis, in perpetuity. Winner
accepts and acknowledges that Sponsor shall not be obligated to use the Contest
Entry and/or any component thereof and that Sponsor in its sole discretion
shall have the right to refrain from using the Contest Entry. Sponsor shall not
incur any liability whatsoever to the extent Sponsor chooses to refrain from
any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties,
and any licensee of Sponsor against all claims, damages,
liabilities, and expenses (including reasonable counsel fees and legal expenses)
arising out of any breach of these terms. Winner
acknowledges that  Sponsor is now the
owner of the Contest Entry, including the audio contained in the Contest Entry,
and that Sponsor may, in its discretion, use the audio from the Contest Entry to
produce a song. Winner will not be entitled to any payment or other remuneration
for the use of the audio from their Contest Entry by Sponsor other than the
prize awarded to winner as a result of this Contest.  

 

 If the potential winner of the prize cannot be
contacted, fails to sign and return the Declaration or provide any other
requested information within the required time period, or the prize is returned
as undeliverable, the potential winner forfeits the prize. In addition, if the
background check reveals that a potential winner has engaged in conduct that
could damage the reputation of Sponsor or any of the Released Parties, as
determined by Sponsor in its discretion, Sponsor may disqualify potential
winner. If a potential winner forfeits the prize or is disqualified for any reason,
the prize may be awarded
to a runner-up, if any, in Sponsor’s sole discretion, time permitting. Only
three (3) alternate winners may be determined, after which the prize will
remain un-awarded. 

 

9. Prize: ONE (1) GRAND PRIZE: $5,000,
fulfilled as a check. Retail Value (“RV”): $5,000.

 

Prize is non-transferable,
and no substitution will be made except as provided herein at the Sponsor’s sole
discretion. Sponsor reserves the right to substitute the prize (or a component
thereof) for one of equal or greater value if the designated prize should become
unavailable for any reason. Winner is responsible for all taxes and fees
associated with prize receipt and/or use. Prize
will be fulfilled 8 – 10 weeks after the winner has been confirmed.   

 

10.
Release: By receipt of
any prize, winner agrees to release and hold harmless Sponsor, Vayner Media, TikTok,
Inc., Administrator, and their respective parent companies, subsidiaries,
affiliates, suppliers, distributors, advertising/promotion agencies, and prize
suppliers, and each of their respective parent companies and each such
company’s officers, directors, employees and agents (collectively, the
“Released Parties”) from and against any claim or cause of action, including,
but not limited to, third-party intellectual property infringement, personal injury
(including but not limited to any claims of chipped teeth), death, or damage to
or loss of property, arising out of participation in the Contest or receipt or
use or misuse of any prize.  

 

11. Publicity: Acceptance
of any prize shall constitute and signify winner’s agreement and consent that
Sponsor and its designees may use the winner’s name, city, state, likeness, photo,
including winner’s TikTok profile photo, Contest Entry, audio from winner’s Contest
Entry and/or prize information in connection with the Contest for promotional,
advertising or other purposes, worldwide, in any and all media now known or
hereafter devised, including the Internet, without limitation and without
further payment, notification, permission or other consideration, except where
prohibited by law.

 

12.
General Conditions: Sponsor reserves the right to cancel, suspend and/or modify
the Contest if any fraud, technical failures, human error, any other factor
impairs the integrity or proper functioning of the Contest, 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 Contest, including but not limited
to fulfillment of the prize, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine
the winner from among all non-suspect, eligible Contest Entries received up to
time of such action using the judging procedure outlined above. Sponsor may also
modify the prizes offered. In addition, Sponsor reserves the right to disqualify
any individual it finds to be tampering with the entry process or the operation
of the Contest or to be acting in violation of the Official Rules of this or
any other promotion or in an unsportsmanlike or disruptive manner and void all associated entries. Any attempt
by any person to deliberately undermine the legitimate operation of the Contest
may be a violation of criminal and civil law, and should such an attempt be
made, Sponsor reserves the right to seek damages and other
remedies (including attorneys’ fees) 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.

 

13. Limitations of Liability: Released
Parties are not responsible for: (1) any incorrect or inaccurate information,
whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming
associated with or utilized in the Contest; (2) technical failures of any kind,
including, but not limited to malfunctions, interruptions, or disconnections in
phone lines or network hardware or software; (3) unauthorized human intervention
in any part of the Contest Entry submission process or the Contest; (4) printing, typographical, technical, computer,
network or human error which may occur
in the administration of the Contest, the uploading, the
processing or judging of
Contest Entries, the announcement of the prizes or in any Contest-related
materials; (5) late, lost, undeliverable,
damaged or stolen mail; or (6) any injury or damage to persons or property which
may be caused, directly or indirectly, in whole or in part, from entrant’s participation
in the Contest or receipt or use or misuse of any prize. Released Parties are
not responsible for misdirected or undeliverable Contest Entries or for any technical problems,
malfunctions of computer systems, servers, providers, hardware/software, lost
or unavailable network connections or failed, incomplete, garbled, or delayed
computer transmission or any combination thereof. Released Parties
are not responsible for any unauthorized third-party
use of any Submission.

 

14. Disputes: Except where prohibited,
each entrant agrees that: (1) any and all disputes, claims and causes of action
arising out of or connected with this Contest 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; (2) any and all claims, judgments
and awards shall be limited to actual out-of-pocket costs incurred, including costs
associated with entering this Contest, but in no event attorneys’ fees; and (3)
under no circumstances will entrant be permitted to obtain awards for, and entrant
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.
All issues and questions concerning the construction, validity, interpretation
and enforceability of these Official Rules, or the rights and obligations of
the entrant and Sponsor in connection with the Contest, 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.

 

15. Entrant’s Personal Information: Information collected from entrant is
subject to Sponsor’s Privacy Policy.

 

16. Winner List: For a winner
list, click HERE. The winner list will be posted after winner
confirmation is complete.

 

© 2022 Merkle Inc.
All rights reserved.

 

This promotion is in no way sponsored,
endorsed or administered by, or associated with, TikTok Inc.