Mars Wrigley Confectionery – Skittles Zombie Costume – Win Zombie

CONFIDENTIAL AND PROPRIETARY
Skittles Zombie Costume Sweepstakes Rules
OFFICIAL SWEEPSTAKES RULES AND DISCLAIMER
NO PURCHASE NECESSARY TO ENTER OR WIN. EACH PARTICIPANT’S CHANCES TO
WIN WILL NOT IMPROVE BY A PURCHASE OF ANY KIND. ENTRY OF THE SKITTLES
ZOMBIE COSTUME SWEEPSTAKES CONSTITUTES ACCEPTANCE OF THESE OFFICIAL
RULES BY THE ENTITY SUBMITTING THE ENTRY. VOID WHERE RESTRICTED OR
PROHIBITED BY LAW.
PLEASE READ THESE OFFICIAL RULES CAREFULLY AS THE OFFICIAL RULES REQUIRE
THAT ENTRANT WAIVES THE RIGHT TO A JURY TRIAL AND THAT DISPUTES ARISING
OUT OF OR RELATING TO THIS SWEEPSTAKES BE RESOLVED ON AN INDIVIDUAL
BASIS, RATHER THAN BY CLASS ACTIONS, AND LIMIT YOUR RIGHTS AND REMEDIES
IN THE EVENT OF A DISPUTE.
1. SKITTLES ZOMBIE COSTUME SWEEPSTAKES (“SWEEPSTAKES”) SUMMARY.
Participants enter online for a chance to win one (1) of fifty (50) Skittles Zombie costumes.
Winning the Sweepstakes Prize (as defined below) is contingent upon Participant fulfilling
all requirements set forth in these Official Rules (“Rules”).
2. BINDING AGREEMENT. Each person (each a “Participant” or “you”) who submits an
online entry during the below Sweepstakes Period are entering into the Sweepstakes,
which is governed by these Rules. Each Participant should read these Rules before
submitting the entry form to ensure Participants understand and agree. You are not eligible
to receive the Prizes described in these Rules unless you agree to these Rules.
3. SPONSOR AND ADMINISTRATOR. This Sweepstakes is sponsored by Mars Wrigley
Confectionery US, LLC (“Sponsor”) and administered by ICF Next, Inc. (“Administrator”).
This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated
with Twitter, Instagram, Facebook or any other Social Media Site utilized by
the Sweepstakes.
4. SWEEPSTAKES ENTRY PERIOD. The Sweepstakes begins at 12:01 AM Eastern
Standard Time (“EST”) on October 19, 2020 and ends at 11:59 PM EST on October
23, 2020 (“Sweepstakes Period”). The Sponsor’s clock shall be the official device for both
the Survey and the Sweepstakes. PARTICIPANTS ARE RESPONSIBLE FOR
DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE
JURISDICTION.
5. ELIGIBILITY – WHO MAY PARTICIPATE. The Promotion is open only to individuals who
at the time of entry (a) are legal residents of and domiciled in the fifty (50) United States
or the District of Columbia, and (b) are at least 18 years of age. The following individuals
are not eligible to participate: (i) employees of Mars Wrigley Confectionery US, LLC.
(“Sponsor”), any of their subsidiaries or affiliate companies, or their advertising, marketing
or promotional agencies; (ii) family members (spouse, parents, siblings, children and in-
CONFIDENTIAL AND PROPRIETARY
laws) of any individual referred to in clause (i); (iii) persons living in the same household
(whether or not related) with any person referred to in clause (i) or (ii) above; and (iv)
commercial enterprises and business entities. This Promotion is subject to all federal,
state, and local laws and regulations and is void (a) outside the 50 United States and the
District of Columbia, and (b) where prohibited by law. Any local, state, provincial or other
government agency or any officials or employees thereof are not eligible to participate.
6. (“PRIZES”). Fifty (50) Grand Prize winners will receive: One (1) Skittles Zombie
costume that includes an extra-long 6-foot design (one size fits most) and Zombie Mode
button which will release the smell of “rotten zombie” when activated to mimic the flavor
from the Zombie Skittles pack, plus twenty (20) packs Zombie Skittles product. The
approximate retail value (“ARV”) of each Prize is $75.00 USD.
7. WHAT STEPS ARE NEEDED TO ENTER AND WIN; NO PURCHASE NECESSARY.
During the Sweepstakes Period, you may enter the Sweepstakes by visiting
www.DareTheRainbow.com (the “Website”) and completing and submitting the online
entry form (“Entry”). As a part of the Entry, Participants will be asked to provide their first
and last names, email addresses and mailing addresses for shipment purposes. Incorrect
and incomplete Entries are void. These Rules are also available on the Website.
Participants will be required to confirm that they have reviewed and agreed to the Official
Rules as a condition of entering the Sweepstakes.
All Entries must be received by the end of the Sweepstakes Period to be valid. Limit one
Entry per person per Sweepstakes period. If multiple Entries are received, only the first
Entry will be accepted and additional Entries will be disqualified. Multiple participants are
not permitted to share the same email address. Any attempt by you to obtain more than
one (1) Entry by using multiple/different email addresses, identities, registrations or logins,
or any other methods may void your Entries and you may be disqualified from the
Sweepstakes. Any use of robotic, repetitive, automatic, programmed or similar entry
methods or agents (including, but not limited to, sweepstakes entry services) will void all
Entries by you.
8. ENTRY DEADLINE. All Entries must be received on or before the end of the Sweepstakes
Period in order to be eligible to win the Prizes.
9. ODDS OF WINNINGS. The odds of winning the Prizes will depend on the total number
Entries. Many will enter, fifty (50) will win.
10. SELECTION OF SWEEPSTAKES WINNERS AND NOTIFICATION.
This Sweepstakes will include a one-time only drawing (“Drawing”) that will
produce fifty (50) winners. This Drawing will be held on or about October 26, 2020
through random drawings of Entries in the Sweepstakes.
The Administrator will contact winners via the email addresses the winners
provided in their Entry.
CONFIDENTIAL AND PROPRIETARY
The Prize may be forfeited and may be awarded to another Participant who is
randomly selected if (i) any Prize notification or Prize is returned as undeliverable,
(ii) the Administrator are unable to contact a potential winner within 24 hours of the
first attempt to contact him or her, (iii) a potential winner fails to provide his or her
contact information within 24 hours after notification by the Sponsor, (iv) a potential
winner is determined by Sponsor or Administrator, in its sole discretion, to be
ineligible, (v) a potential winner declines the Prize, or (vi) a potential winner is
otherwise not in compliance with these Official Rules.
In the event that no responses are received, no Prizes will be awarded.
The Prizes will be fulfilled within approximately one (1) to three (3) weeks after the
conclusion of the Sweepstakes. The Sponsor and Administrator are not
responsible for any delay in awarding any Prize.
DETERMINATIONS OF SPONSOR AND/OR ADMINISTRATOR ARE FINAL AND
BINDING.
11. SUBMISSION REQUIREMENTS AND RESTRICTIONS. Each Participant must ensure
that:
The Entry:
o does not infringe any third-party proprietary rights, intellectual property rights,
industrial property rights, personal or moral rights or any other rights, including
without limitation, copyright, trademark, patent, trade secret or confidentiality
obligations, or otherwise violate applicable laws
o does not include any private information of a third party such as name, address,
phone number, email address, and other Personal Data
o does not contain the likeness of anyone who is or who appears to be under the
age of 13 or anyone other than the Participant, unless the Participant has his or
her (or parent’s or legal guardian’s) permission to do so for this Sweepstakes. The
Participant must have permission from all recognizable people who appear in the
Entry regardless of their ages. If requested, the Participant must be able to provide
proof of such permission in a format acceptable to the Sponsor and/or
Administrator.
o does not include material that violates another’s rights (living or deceased),
including but not limited to privacy or publicity
o does not disparage the Sponsor, Administrator or any other person or party
affiliated with the Sweepstakes
o does not contain material that is inappropriate, indecent, obscene, hateful, tortious,
defamatory, slanderous or libelous or other objectionable material.
o does 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.
o does not contain any references to alcohol, tobacco, drug paraphernalia, firearms,
or any description or representation thereof.
o does not contain material that is unlawful, in violation of or contrary to the laws or
regulations in any state where Entry is created.
o has not been submitted previously in a promotion of any kind or exhibited or
displayed publicly through any means.
Participant warrants and represents that:
o the Entry is the Participant’s own, wholly original work, and is the Participant’s own
CONFIDENTIAL AND PROPRIETARY
creation and the Participant warrants that he/she has secured all necessary rights
relating to its use and the use of the content in the Entry.
o the Entry verbal or written content (if any) is in English.
o the Participant has obtained any and all permissions, if any are required, prior to
entry and that Participant may legally grant all permissions contained within these
Rules to Sponsor.
o where the Entry is uploaded by a minor or includes a minor, the Participant: a)
warrants that Participant is the parent/legal guardian of such minor and as such
granted his/her permission for said minor to participate in the Sweepstakes and
permits the use of such minor’s name, likeness, biography, actions and
contributions in the event that any Entry is submitted by or includes or references
any person deemed and b) assumes all legal responsibilities under these Rules
of any person deemed.
o the Participant has the requisite title, license, rights, consent, written permission
and/or authority to grant the Sponsor, Administrator and their respective affiliates
permissive use any person’s name, likeness, biography, actions and contributions
Participant submits as part of their Entry as delineated in Section 12 of these Rules.
o the Participant has the requisite title, license, and/or authority to grant the Sponsor,
Administrator and its affiliates permissive use of said intellectual property as
delineated in Section 12 of these Rules where the Entry contains an owner or
licensor’s intellectual property.
The Participant agrees that the interpretation of each of the above Restrictions shall be
subject to the Administrator’s or Sponsor’s sole discretion. The Administrator and/or
Sponsor are not responsible for any lost, late, incomplete, or other entries that do not
comply with these Rules and it may be disqualified.
Sponsor will consider only one (1) entry from each Participants. Any attempt by any
Participant to receive more than the stated number of Prizes by using multiple/different
email addresses, identities, registrations and logins, or any other methods, as determined
by the Administrator or Sponsor in its sole discretion, may void all of that Participant’s
Submissions and that Participant may be disqualified from this Sweepstakes and any of
the Sponsor’s other promotions. In the event of a dispute as to the owner of any Entry,
the authorized account holder of the email address will be deemed to be the
Participant. The “authorized account holder” is the natural person assigned to an email
account by the entity responsible for doing so. Each Participant may be required to show
proof of being the authorized account holder.
CAUTION: ANY ATTEMPT BY ANY ENTRANT, PERSON, OR ENTITY TO UNDERMINE
THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF
CRIMINAL OR CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE
THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES)
FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING
CRIMINAL PROSECUTION.
12. PERMISSIVE USE. You grant the Sponsor, Administrator and any related affiliates or
agents unlimited, worldwide, perpetual, irrevocable, and royalty-free right, license,
privilege, and permission to record, copy, adapt, film, capture, use, license, transmit,
broadcast, exhibit, project, publish, circulate, display, or otherwise exploit, any and all
CONFIDENTIAL AND PROPRIETARY
renderings of the Participant’s Entry, name (including any and all nicknames, related
names, and aliases), characters, biographies, artist’s portrayal of characters, voice,
image, likeness, visual representations, any and all attributes of the Participant’s
personality, and/or any and all of the Participant’s acts, poses, actions, and appearances
(collectively, “Name and Likeness”), and any ancillary use or derivative works on or in
connection with any film, audio tape, video tape, audio-visual work, sound recordings,
photograph, illustration, animation, broadcast, any derivative works or versions thereof in
any media or embodiment now known or hereafter developed, throughout the world the
way Sponsor or Administrator deems fit without any consideration or prior notice. Entries
become the sole property of Sponsor.
13. ELECTRONIC COMMUNICATIONS. By submitting the Entry, you agree to communicate
for the purpose of the Sweepstakes with the Sponsor and/or Administrator electronically.
Through your Entry submission, you (i) agree that your consent to these Rules is a binding
form of your electronic signature and (ii) represent that you have Internet access and a
valid email address enabling you access to information pertaining to the Sweepstakes and
to receive communications and documents electronically. Your consent is effective unless
and until you withdraw it in writing to contact@usc.mars.com.
14. TAXES. ALL TAXES, FEES, DUTIES, SURCHARGES, IF ANY, IMPOSED ON ANY
SWEEPSTAKES PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNERS. Each
winner is solely responsible for ensuring that he or she complies with all the applicable tax
laws and filing requirements. If a winner fails to comply with such laws, the Prizes may be
forfeited and Sponsor may, in its sole discretion, select an alternative potential winner.
15. PRIVACY. Participant acknowledges that they have read and accepted ICF Next’s privacy
statement and the terms and conditions outlined here. Participants agree that personal
data including, but not limited to, name, email address, age, location, photo submission,
and written submission (“Personal Data”) may be:
collected, processed, stored and otherwise used by the Sponsor and/or Administrator,
or any party authorized by them for the purposes of conducting and administering the
Sweepstakes or the Prizes, including Sponsor affiliates.
used by Sponsor or any party authorized by them, including Sponsor affiliates, to verify
a Participant’s identity, postal address and telephone number in the event a Participant
qualifies for any applicable Prizes as well as to deliver the applicable Sweepstakes
Prizes.
used to fulfill additional terms of the Sweepstakes or to contact a Participant in
response to any question submitted by such Participant.
shared by the Sponsor or any party authorized to comply with the law or in the good
faith belief that such action is necessary in order to conform to the requirements of law
or comply with legal process served on Sponsor, and to protect and defend Sponsor’s
rights or property.
used to send updates requested including newsletters, promotions, deals, news.
Additionally, we ask that you please keep in mind:
The data processor is ICF Next as the Administrator and the data controller is ICF
Next and data recipients are ICF Next.
CONFIDENTIAL AND PROPRIETARY
Participants have a right of access, modification and withdrawal of their Personal
Data. You may withdraw your consent to electronic communication and delivery of
documents, update your contact information, or request a free paper copy of these
Rules at any time by contacting us as set forth in these Rules. We will send you a
confirmation notice once we have processed your change request.
Participants also have a right of opposition to the data collection, under
circumstances. To exercise such rights, Participants may send a request by email
at contact@usc.mars.com.
16. RIGHT TO CANCEL, MODIFY, OR DISQUALIFY. If for any reason the Entry or
Sweepstakes or any portion of either is not capable of running as planned due to technical
or administrative problems, infection by computer virus, bugs, tampering, unauthorized
intervention, fraud, technical failures, or any other causes beyond the Sponsor’s or
Administrator’s reasonable control which corrupt or affect the administration, security,
fairness, integrity, or proper conduct of the Sweepstakes, the Sponsor reserves the right
at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes or any
portion of either.
17. WARRANTY. The Sponsor, Administrator, and any related affiliates make no other
warranties or representations whatsoever relative to the quality, conditions, fitness or
merchantability of any aspects of the Prizes. No transfer, substitutions or cash equivalent
for Prizes will be allowed, except at the Sponsor’s and/or Administrator’s sole discretion.
The Sponsor and/or Administrator reserve the right to substitute Sweepstakes Prizes, in
whole or in part, of equal or greater monetary value if Sweepstakes Prizes cannot be
awarded, in whole or in part, as described for any reason.
18. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE SPONSOR, ADMINISTRATOR
OR ANY RELATED AFFILIATES, CLIENTS, PERSONNEL, DIRECTORS, OFFICERS,
AGENTS, OR PRINCIPALS (PARTNERS, SHAREHOLDERS OR HOLDERS OF AN
OWNERSHIP INTEREST, AS THE CASE MAY BE) BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR LOSS OF
PROFITS, INCURRED BY PARTICIPANTS OR ANY THIRD PARTY, WHETHER BASED
ON WARRANTY OR IN CONTRACT, TORT, OR OTHER LEGAL THEORY, AND
WHETHER OR NOT ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES, ARISING
FROM THE SURVEY, THE SWEEPSTAKES PRIZES OR USE OF A SWEEPSTAKES
PRIZE, EVEN IF THE SPONSOR OR ADMINISTRATOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
The Sponsor and/or Administrator are not responsible for: (i) lost, late, incomplete, invalid,
illegible, unintelligible, damaged, altered, counterfeit, obtained through fraud, late, or
misdirected entries, which will be disqualified; (ii) failed, partial or garbled computer
transmissions; (iii) technical failures of any kind, including, but not limited to electronic
malfunctioning of any network; or (iv) any technical, computer, telephone, cable, network,
electronic or internet hardware or software malfunctions, failures, connections, availability
or intervention, error, omission, interruption, detection, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized access to
CONFIDENTIAL AND PROPRIETARY
the web site or otherwise whether caused by web site users or by any of the equipment
or programming associated with or utilized in the Sweepstakes. The Sponsor and/or
Administrator reserve the right, in their sole discretion, to disqualify any application not in
compliance with these Rules.
Participants agree that the Sponsor and/or Administrator shall have no liability for
unsuccessful efforts to notify any potential Sweepstakes Winner, or for any injuries,
losses, or damages by reason of the Participant’s participation in the Sweepstakes.
19. INDEMNITY. By accepting a Prize, the Winner agrees to release and hold harmless the
Sponsor, Administrator and any related affiliates, clients, personnel, directors, officers,
agents, or principals (partners, shareholders or holders of an ownership interest) from any
and all liability, loss or damages arising from or in connection with awarding, receipt and/or
use of a Prize or participation in Prize-related activities, and they shall have no liability for
any injury, misfortune, or damage to either persons or property incurred by entering,
participating in or winning the Sweepstakes.
20. IN CASE OF DISPUTES. The Sponsor and/or Administrator will interpret these Rules and
resolve any disputes, conflicting claims or ambiguities concerning the Rules, and the
Sponsor’s and/or Administrator’s decisions shall be final. If any provision of these Rules
is found to be invalid by any court having competent jurisdiction the invalidity of such
provision shall not affect the validity of the remaining provisions of these rules, which shall
remain in full force and effect. The Sponsor and/or Administrator’s reserve the right to
modify or terminate the Sweepstakes or to make such other decisions regarding the
administration or outcome as the Sponsor and/or Administrator deem appropriate.
21. FORUM AND RECOURSE TO JUDICIAL PROCEDURES. If there is any conflict between
any promotional material and these Official Rules, the provisions of these Official Rules
shall prevail. The resolution of any dispute shall be within Sponsor and/or Administrator’s
sole discretion. As a condition of entering this Promotion, except as prohibited by law,
you agree that: (a) all causes of action arising out of or connected with this Promotion, or
any prize awarded, shall be resolved individually, without resort to any form of class action;
and (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket
costs incurred, but in no event attorneys’ fees or court costs. All issues and questions
concerning the construction, validity, interpretation and enforceability of these Official
Rules, your rights and obligations, or the rights and obligations of Sponsor in connection
with this Promotion, shall be governed by, and construed in accordance with, the laws of
the Commonwealth of Virginia, without giving effect to any choice of law or conflict of law
rules (whether of the Commonwealth of Virginia or any other jurisdiction), which would
cause the application of the laws of any jurisdiction other than the Commonwealth of
Virginia. Any legal suit, action, or proceeding arising out of this Promotion or the applicable
Rules shall be instituted exclusively in the federal courts of the United States or the courts
of the Commonwealth of Virginia in each case located in the city of Fairfax and County of
Fairfax, and the entrant(s), Sponsor and Administrator irrevocably submit to the exclusive
jurisdiction of such courts in any such suit, action, or proceeding and waives any objection
based on improper venue or forum non conveniens.
CONFIDENTIAL AND PROPRIETARY
22. WAIVER OF JURY TRIAL. THE PARTICIPANT(S), SPONSOR AND ADMINISTRATOR
ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY THAT MAY ARISE OUT
OF OR RELATING TO THESE RULES OR THIS SWEEPSTAKES IS LIKELY TO
INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, THE
PARTICIPANT(S), SPONSOR AND ADMINISTRATOR IRREVOCABLY AND
UNCONDITIONALLY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN
RESPECT OF ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR
COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE RULES OR THIS
SWEEPSTAKES.
23. CONTACT AND WINNER LIST. For the names of the winners, available upon
completion of winner confirmation, visit www.DareTheRainbow.com.
Any queries shall be sent by email to Sponsor at: contact@usc.mars.com
© 2020 ICF Next, Inc. All rights reserved.