NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. CONTEST SUBMISSION PERIOD BEGINS AT 12:00:00 A.M. ET ON OCTOBER 9, 2017 AND ENDS AT 11:59:59 P.M. ET ON NOVEMBER 5, 2017.
OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, WHO ARE 18 YEARS OF AGE OR OLDER WITH A VALID EMAIL ACCOUNT AS OF THE DATE OF ENTRY.
1. ELIGIBILITY. Tic Tac® Little Sparks Photo Contest (“Contest” or “Promotion’) is open only to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older with a valid email account as of the date of entry (“Eligible Entrants”). Employees, agents, directors and officers of Ferrero U.S.A. Inc., (the “Sponsor”), Berlin Productions, Inc.(“Administrator”), and any of their respective parents, affiliates, subsidiaries, representatives and fulfillment, advertising, marketing and promotion agencies (collectively the “Released Parties”) and each of their immediate family members (spouse, parent, child, sibling and their respective spouses), regardless of where they reside, and/or those living in the same household of each such employee are not eligible to enter or win. Void where prohibited or restricted by law. The Contest is subject to all applicable federal, state and local laws and regulations. Sponsor’s server will be the official timekeeper for the Promotion.
Photo Submission Guidelines & Requirements
A Photo will not be eligible as part of an Entry, if the Entrant does not follow these guidelines (“Photo Submission Guidelines & Requirements”):
Sponsor/Administrator reserve the right in their sole discretion to disqualify any Entry that, in their sole opinion, refers, depicts, or in any way reflects negatively upon the Sponsor, Sponsor’s products, the Promotion, any other person or entity, or does not comply with these Photo Submission Guidelines & Requirements or these Official Rules .
Entrants agree to indemnify and hold harmless, Sponsor/Administrator from any claims arising out of such Entrant’s failure to comply with the above Photo Submission Guidelines & Requirements. Photos must be suitable for presentation in a public forum, as determined in the sole discretion of Administrator and/or Sponsor, since the Photos from Entries may be posted on the Website as part of a Photo gallery (the “Gallery”). PHOTOS/ENTRIES POSTED TO THE WEBSITE WERE NOT EDITED BY SPONSOR, ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Sponsor shall have no obligation to post a Photo to the Gallery. Not all Photos will be posted to the Gallery, and those posted may be removed by Sponsor at any time, for any reason. Sponsor reserves the right to waive any Photo Submission Guidelines & Requirements set forth herein in its reasonable discretion. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligations to Entrants. Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Contest Period, to request that any Entrant resubmit his or her Entry which fails to comply with the Photo Submission Requirements prior to any judging. Entries generated by script, macro or other automated means or with the intent to subvert the entry process will be void.
By submitting an Entry, each Entrant (or Entrant’s parent/legal guardian if Entrant is deemed a minor in the state of his/her residence) agrees that his/her submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose or otherwise use the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to the Entrant. Each Entrant (or Entrant’s parent/legal guardian if Entrant is deemed a minor in the state of his/her residence) acknowledges that, by acceptance of his/her submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than the Entrant.
3. JUDGING CRITERIA: From November 6, 2017 to November 18, 2017 all eligible Entries received during the Contest Period will be judged by a Sponsor-designated panel of experts (the “Judges”) and awarded points up to the maximum as listed in these Official Rules. Judging shall be based on the following criteria: (a) Relevance - How well the Entrant’s Photo demonstrates how Tic Tac ® adds a spark to his/her day: 0-40 points; (b) Creativity - How well the Entrant conveys his/her idea, message or thought in an original and imaginative way: 0-40 points; and (c) Photo Quality - How the Entrant’s photo is presented with regard to color, lighting, exposure and focus: 0-20 points (collectively, the “Judging Criteria”). No information regarding Entries or judging, other than as otherwise set forth in these Official Rules, will be disclosed and Judges’ decisions are final. In the event of a tie, such tied Entries will be broken in favor of the highest point score for Relevance, and if necessary, then in favor of the highest point score for Creativity, and if necessary, then in favor of the highest point score Photo Quality.
4. NOTIFICATION OF POTENTIAL PRIZE WINNER: Potential prize winners will be contacted by Administrator via e-mail, telephone and/or mail. Potential grand prize winner will be required to review, sign and return an Affidavit of Eligibility, Release of Liability, Prize Acceptance Form and, where legally permissible, a Publicity Release within ten (10) days of attempted delivery of same. If such documents are not returned within the specified time period, prize notification is returned as undeliverable, Sponsor is unable to contact potential winner or potential winner is not in compliance with these Official Rules, the prize will be forfeited and, at Sponsor’s discretion, an alternate potential winner may be selected. If the potential grand prize winner is a minor in his/her state of residence, his/her parent/legal guardian must complete the required information in such same time period and accept any prize in his/her name.
5. PRIZES: One (1) Grand Prize: A one-year supply of new Tic Tac GUM in a mix of flavors (as determined by Sponsor in its sole discretion), awarded in the form of 108 - 56 piece packs; and $2,500.00 awarded as a Sponsor-specified gift card. Approximate Retail Value: $2,550.00. Three (3) First Prizes: A one year supply of new Tic Tac GUM in a mix of flavors (as determined by Sponsor in its sole discretion), awarded in the form of 108 – 56 piece packs; and $500.00 awarded as a Sponsor-specified gift card. Approximate Retail Value: $1650.00. Gift card shall be selected by Sponsor, in its sole discretion, and is subject to terms and conditions of gift card issuer. Sponsor shall not be responsible for lost or stolen gift cards or any issues arising out of or in connection with winner’s use of gift card. Prizes consist of only the items specifically listed as part of the Prize. Sponsor reserves the right, in its sole discretion, to substitute the flavor of the Tic Tac GUM prizes. Grand Prize Winner will receive an IRS form 1099 for the total value of the prize won. Limit one prize per person.
6. PRIZE RESTRICTIONS: No prize transfer or cash redemption. No prize substitution, in whole or in part, except by Sponsor who reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. All federal, state, and local taxes on prizes are the sole responsibility of winners. All costs and expenses not specified herein as being awarded are the sole responsibility of winner. In no event will more than the stated number of prizes be awarded. Grand Prize Winner will be required to provide Sponsor with a valid social security number or tax identification number before the Grand Prize will be awarded for tax reporting purposes. Grand Prize Winner will be issued an IRS 1099 form for the value of the Grand Prize. All prizes are awarded “as is” with no warranty or guarantee, either express or implied, by Sponsor. Sponsor is not responsible for any change of email address and/or mailing address of Entrants. First Prizes will be shipped to the address provided as part of the First Prize Winners’ entries. First Prize Winner should receive prizes within six to eight weeks of Winner selection and verification.
7. Assignment of Rights: By submitting an Entry, Entrants (or Entrant’s parent/legal guardian if Entrant is deemed a minor in the state of his/her residence) grant to Sponsor and its authorized agents a royalty-free, sub-licensable, transferable right to exploit the content of his/her Entry (including, without limitation, the Submission) in any medium throughout the world in perpetuity for editorial, educational, promotional, publicity, advertising or any other purpose on behalf of Sponsor, its parent or its affiliates, without further compensation unless specifically prohibited by law and Entrant explicitly acknowledges and agrees that Sponsor reserves the right to publish any or all of the content of Entry with or without first and last name credit to the Entrant; and Entries that attempt to restrict this right will not be considered. Additionally, in exchange for selection as potential prize winner, the Entrant (or his/her parent/legal guardian if potential prize winner is deemed a minor in the state of his/her residence) agree that Sponsor will be the sole and exclusive owner of all rights, title and interest in all ideas, concepts, expressions, information, material and works of authorship prepared in connection with the Photo as a “Work Made For Hire” under the Copyright laws of the United States, but if such works of authorship cannot be so deemed, then the Finalists/Grand Prize Winner (or his/her parent/legal guardian if potential prize winner is deemed a minor in the state of his/her residence) hereby irrevocably assign and transfer to Sponsor, its successors and assigns, any and all rights, title and interest that the potential prize winner may have in any of the materials prepared in connection with his or her Submission, including, but not limited to, copyrights, trade secrets, patents, trademarks and other intellectual property rights, whether now known or hereafter to become known, in the United States and worldwide for the respective maximum terms of protection available throughout the world for consideration, the receipt and sufficient of which is hereby acknowledged. The potential prize winner (or his/her parent/legal guardian if deemed a minor in the state of his/her residence) hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that he or she may now or later have to their Photo. The potential prize winner (or his/her parent/legal guardian if deemed a minor in the state of his/her residence) shall execute at Sponsor’s request such assignments and other documents as may be necessary to confirm or enact this assignment or any grant of rights set forth herein. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment. Further, Sponsor may request from the potential prize winner that he or she secure from any photographer an irrevocable assignment and transfer to Sponsor of all of any photographer’s right, title and interest in and to the Submission, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. The photographer, if not the Entrant, may be required to waive in favor of Sponsor all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that the photographer may now or later have in the Entry and/or Photo. Should Sponsor fail to request the said photographer assignment as stated herein, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment(s). By submitting a Photo and Entry, Entrant (or Entrant’s parent/legal guardian if Entrant is deemed a minor in the state of his/her residence) explicitly acknowledges that his/her Photo, first name, last initial, city, and state can and may be posted on the Website and the social media sites of Sponsor.
8. Limitation of Liability: No liability or responsibility is assumed by Sponsor or the Released Parties resulting from Entrant's participation in or attempt to participate in the Contest, or ability or inability to upload or download any information in connection with the Contest. No responsibility or liability is assumed by Sponsor or the Released Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Promotion: (a) hardware or software errors; (b) faulty computer, cable, satellite, network, cellular, electronic, Internet connectivity or other online or network communication problems; (c) errors or limitations of any Internet or wireless service providers, servers, hosts or other providers; (d) garbled, jumbled or faulty data transmissions; (e) failure of any online transmissions to be sent or received; (f) lost, late, delayed or intercepted transmissions; (g) inaccessibility of the Website in whole or in part for any reason; (h) traffic congestion on the Internet or the Website; (i) unauthorized human or non-human intervention of the operation of the Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; (j) error, omission, interruption, deletion, defect, theft or destruction of, unauthorized access to, delay in operation, transmission, distribution of, alteration of, Entry or Judging procedure, whether caused by the Entrant, or otherwise; (k) any of the equipment or programming associated with or utilized in this Promotion, or otherwise; or (l) destruction of any aspect of the Promotion, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Promotion. The Released Parties are not responsible for any printing, typographical, technical, computer, network or human error which may occur in the administration of the Promotion, the uploading, the processing of Entries, the judging of Entries, the announcement of the prizes or any Promotion-related materials. Use of Website is at user’s own risk. The Released Parties are not responsible for any personal injury, death or property damage or losses of any kind which may be sustained to Entrant’s, or any other person's computer, mobile phone or video equipment resulting from participation in the Promotion. Sponsor is not responsible for any human error that may occur in the processing of the Contest.
9. General Terms: By entering, each Entrant (or parent/legal guardian if Entrant is a minor in his/her state of residence) agrees (a) that Sponsor and its designees shall have the right and permission to use in any manner (unless prohibited by law) Entrant's name, city and state of residence, Photos and/or likeness for advertising and/or trade and/or promotion and/or any other purpose now or hereafter known anywhere in the world in perpetuity without further compensation, permission or notification to Entrant or any third parties, except where prohibited by law; (b) to release the Released Parties from all liability and to indemnify, defend and hold harmless the Released Parties from and against any claim, action, liability, loss, injury or damage to Entrant or any other person or entity, including, without limitation, infringement or violation of third party rights or personal injury or death to Entrant or any other person or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of (i) the acceptance, possession, use or misuse of a prize; (ii) participation in or administration of this Promotion; (iii) the exploitation of any of the rights granted herein; and (iv) any element of this Promotion; (c) to assume all liability for any injury or damage related to (a) (i)-(iv); (d) to be bound by the Terms (including, without limitation, the Official Rules and the decisions of the Judges and Sponsor which are final); (e) to waive all rights to claim or collect punitive, incidental, consequential or any other damages; (f) that all causes of action relating to this Promotion will be resolved individually without resort to any form of class action; (g) that any and all claims, judgments, or awards shall be limited to actual out of pocket costs incurred, excluding attorneys' fees; and (h) that New York law shall apply exclusively to the Promotion and that any dispute with respect to the Promotion shall be resolved in either the federal or state courts located in the County of New York, State of New York.
Sponsor reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Promotion if fraud, technical failures or errors, viruses, bugs, unauthorized human intervention or any or other similar causes or factors beyond Sponsor's reasonable control corrupts, impairs or compromises the administration, security, integrity or fairness of the Promotion (or portions thereof), as determined by Sponsor in its sole discretion. Should the Promotion be cancelled or terminated for any of the aforementioned reasons, the Grand Prize and First Prizes may be awarded in any manner deemed fair and equitable by Sponsor, in its sole discretion, from among those Entries submitted prior to the action taken, or Sponsor shall have the right to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. In the event the Promotion is cancelled or terminated, notice will be posted online. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion materials, including without limitation, the Website, and the Official Rules, the Official Rules shall prevail, govern and control.
Any damage made to any Promotion-related website will be the responsibility of the authorized e-mail account holder of the e-mail account associated with the damage in question. Any Entries suspected of being fraudulent (including those using robotic, automatic, programmed, or similar methods of participation) may be disqualified, based on determinations made solely by Sponsor. Sponsor reserves the right, in its sole discretion, to prohibit the participation of or disqualify an individual if fraud or tampering is suspected in connection with the Entry, judging or voting process or the operation of the Promotion, if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules, if an individual is acting in violation of these Official Rules or is acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person. If an Entrant submits more than the stated number of Entries permitted, and/or if Sponsor suspects that an Entrant attempted to obtain additional Entries by using multiple e-mail addresses, IP Addresses, registrations, identities or any other method, all suspect Entries submitted by the Entrant may be declared null and void.
NOTICE TO ENTRANTS: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY PROMOTION-RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL REPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
10. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES: IN NO EVENT WILL THE RELEASED PARTIES AND/OR THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE CONTEST, YOUR ACCESS TO AND USE OF WWW.TICTACPHOTOCONTEST.COM, AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST. IN NO EVENT SHALL THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED FIVE DOLLARS ($5.00). WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND FROM SPONSOR, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
12. REQUEST FOR WINNER’S NAMES: For the first name, last initial and state of winners (available after December 11, 2017), send a self-addressed stamped (#10) envelope to: Tic Tac® Little Sparks Photo Contest 2017 Contest Winners, c/o Berlin Productions 199 Main St., Suite 1011, White Plains, NY 10601. Winners’ names will be sent after prizes have been awarded. Requests received after December 22, 2017 will not be honored.
13. SPONSOR: Ferrero U.S.A., Inc., 7 Sylvan Way, Parsippany, NJ 07054.
14. ADMINISTRATOR: Berlin Productions, Inc., 199 Main St, Suite 1011, White Plains, NY 10601.
© 2017 Ferrero U.S.A., Inc. All rights reserved.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
Open only to legal residents of the 50 United States and D.C. who are at least 18 years of age with a valid email account as of the date of entry. Void where prohibited.
Contest Period begins at 12:00:00 AM ET on 10/9/2017 and ends at 11:59:59 PM ET on 11/5/2017. For complete details, including entry and prizing details, see Official Rules available at http://tictacphotocontest.com/rules.