Mondelez Global – Sour Patch Kids Lemonade Fest – Win for winner and five guests to Miami Florida

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

May 29, 2023

June 16, 2023

June 20, 2023

June 19, 2023

July 7, 2023

July 10, 2023

July 28, 2023

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.

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Florida Mondelez Global - Sour Patch Kids Lemonade Fest Sweepstakes Win for winner and five guests to Miami Win Free Stuff