Mars Wrigley Confectionery Us – Skittles Zero G – Win flight experience

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Skittles Zero G 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 IN THE SKITTLES ZERO
G 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 PARTICIPANTS WAIVE THEIR 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 ZERO G SWEEPSTAKES (“SWEEPSTAKES”) SUMMARY. To celebrate the
SKITTLES® brand leaving Earth’s atmosphere for the first time ever earlier this summer,
the brand is excited to give away new, limited-edition Zero G Skittles featuring
intergalactic, aluminum packaging, with blue and purple candies and one Zero G flight
experience. 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 is 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, 800 High Street, Hackettstown, NJ 07840 (“Sponsor”) and
administered by ICF Next, Inc., 420 N 5th St. Fl. 10, Minneapolis, MN 55401 and Dolphin
Creative Promotions, 9933 Lawler Ave #560, Skokie, IL 60077 (“Administrators”). This
Sweepstakes is in no way sponsored, endorsed, or administered by, or associated
with Twitter, Instagram, Facebook or any social media site utilized by the Sweepstakes.
4. SWEEPSTAKES ENTRY PERIOD. The Sweepstakes begins at 12:01 AM Eastern
Daylight Time (“EDT”) on September 30, 2021 and ends at 11:59 PM EDT on October 14,
2021 (“Sweepstakes Period”). The Sponsor’s clock shall be the official device for both the
Entry and the Sweepstakes. PARTICIPANTS ARE RESPONSIBLE FOR DETERMINING
THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTION.
5. ELIGIBILITY – WHO MAY PARTICIPATE. The Sweepstakes 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 except for residents of New York, Florida, Puerto
Rico and all U.S. territories and possessions, and (b) who are at least the age of a
majority in their state of residence (this is eighteen (18) years old in most states and
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nineteen (19) years old in Alabama and Nebraska) at the time of entry. The following
individuals are not eligible to participate: (i) employees of the Sponsor, any of their
subsidiaries or affiliate companies, or their advertising, marketing or promotional agencies;
(ii) family members (spouse, parents, siblings, children and in-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; (iv) commercial enterprises and
business entities and (v) individuals who reside or are domiciled in New York, Florid,
Puerto Rico and all US.S territories and possessions. This Sweepstakes 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. (“PRIZE(S)”). One (1) grand prize winner person will receive a Zero G flight experience
for two from Zero Gravity Corporation and one (1) bag of Zero G Skittles and ninety-nine
(99) winners will each win one bag of limited-edition Zero G Skittles featuring intergalactic,
aluminum packaging, with blue and purple candies. The approximate retail value (“ARV”)
of each Prize is 15,010 USD and 10 USD, respectively. The total ARV of all Prizes is up
to 16,000 USD.
7. WHAT STEPS ARE NEEDED TO ENTER AND WIN; NO PURCHASE NECESSARY.
There are two ways to enter this Sweepstakes during the Sweepstakes Period (“Entry”):
Participants may enter by purchasing a package of Skittles at
https://www.amazon.com/adlp/skittlesinspace and filling in the required field for email
address.
Participants may also enter by emailing the words “Skittles in Space” to
WrigleyTeam@icf.com.
Participants must provide a valid email address for the Entry to be eligible.
Once selected, the winners will be asked to provide their First name, Last name, email
address, phone number and mailing address for shipment purposes. No PO boxes are
permitted. All required information must be included for the Entry to be eligible.
Participants will be required to confirm that they have reviewed and agreed to the Rules
as a condition of entering the Sweepstakes.
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, one hundred (100) will win.
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10. SELECTION OF SWEEPSTAKES WINNERS AND NOTIFICATION.
This Sweepstakes will include a one-time only drawing (“Drawing”) that will
produce one hundred (100) winners. This Drawing will be held on or about October
7, 2021 through random drawings of Entries in the Sweepstakes.
The Administrator will contact winners via the email addresses the winners
provided in their Entry. Participants should keep an eye on their incoming
messages and make sure they reply within three (3) business days to the message
sent by the Administrator.
The potential grand prize winner will be required to sign and return an Affidavit of
Eligibility, Liability and Publicity Release (except where prohibited by law) and a
properly executed IRS Form W-9 within fourteen (14) calendar days of notification
by the Administrator.
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 is unable to contact a potential winner within three business
days of the first attempt to contact him or her, (iii) a potential winner fails to provide
his or her contact information within three (3) business days after notification by
the Sponsor or fails to return an Affidavit of Eligibility, Liability Release and
Publicity Release and/or a properly executed IRS Form W-9 within the time
specified above, (iv) a potential winner is determined by Sponsor or Administrators,
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 Rules.
In the event that no responses are received, no Prizes will be awarded.
The Prizes will be fulfilled within approximately six to ten weeks after the
conclusion of the Sweepstakes. The Sponsor and Administrators are not
responsible for any delay in awarding any Prize.
DETERMINATIONS OF THE SPONSOR AND/OR ADMINISTRATORS 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,
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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
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,
Administrators 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 Administrators’ or Sponsor’s sole discretion. The Administrators 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 Participant. 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 Administrators 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.
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CAUTION: ANY ATTEMPT BY ANY PARTICIPANT, 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, Administrators 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
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 Administrators 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 Administrators 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 [INSERT REGULARLY MONITORED EMAIL
ADDRESS/CONTACT INFORMATION FOR THIS PURPOSE].
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 Mars Wrigley’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
Administrators, 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
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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.
Additionally, we ask that you please keep in mind:
The data processors are Mars Wrigley and Dolphin Creative Promotions and the
data controller is ICF Next and data recipients are ICF Next, Mars Wrigley and
Dolphin Creative Promotions.
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 to:
Skittles PR Team
625 W Adams Street, Suite 1600
Chicago, IL 60661
Or at https://www.mars.com/contact-us.
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
Administrators’ 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. NO WARRANTY. THE SPONSOR, ADMINISTRATORS, 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 Administrators’
sole discretion. The Sponsor and/or Administrators 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,
ADMINISTRATORS, TWITTER, INSTAGRAM, FACEBOOK OR ANY RELATED
AFFILIATES, CLIENTS, PERSONNEL, DIRECTORS, OFFICERS, AGENTS, OR
PRINCIPALS (PARTNERS, SHAREHOLDERS OR HOLDERS OF AN OWNERSHIP
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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 ENTRY, THE SWEEPSTAKES PRIZES OR USE OF A SWEEPSTAKES PRIZE,
EVEN IF THE SPONSOR OR ADMINISTRATORS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
The Sponsor and/or Administrators 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
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
Administrators reserve the right, in their sole discretion, to disqualify any application not in
compliance with these Rules.
Participants agree that the Sponsor and/or Administrators 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 AND RELEASE. By accepting a Prize, the winners agree to release and hold
harmless the Sponsor, Administrators 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 Administrators will interpret these Rules
and resolve any disputes, conflicting claims or ambiguities concerning the Rules, and the
Sponsor’s and/or Administrators’ 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 Administrators 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 Administrators deem appropriate.
21. FORUM AND RECOURSE TO JUDICIAL PROCEDURES. If there is any conflict between
any promotional material and these Rules, the provisions of these Rules shall prevail. The
resolution of any dispute shall be within Sponsor and/or Administrators’ sole discretion.
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As a condition of entering this Sweepstakes, except as prohibited by law, you agree that:
(a) all 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 (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 Rules, your rights and
obligations, or the rights and obligations of Sponsor in connection with this Sweepstakes,
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 Sweepstakes 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
Participant(s), Sponsor and Administrators 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.
22. WAIVER OF JURY TRIAL. THE PARTICIPANT(S), SPONSOR AND ADMINISTRATORS
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 ADMINISTRATORS 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, please send requests through
https://www.mars.com/contact-us.
Any queries shall be sent by mail to Sponsor at:
Skittles PR Team
625 W Adams Street, Suite 1600
Chicago, IL 60661
Or by email at: wrigleyteam@icf.com.
© 2021 ICF Next, Inc. All rights reserved.