SOCIAL MEDIA CONTEST OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. PROMOTION PERIOD: The Trolli Rick & Morty Scavenger Hunt (the “Promotion”) starts on September 7, 2022 at 12:00pm Central Time (“CT”) and ends on September 8, 2022 at 11:59am CT (“Promotion Period”). Sponsor will have the sole discretion in determining the timeliness of any action or inaction related to this Promotion.
2. ELIGIBILITY: Open to legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older, or the age of majority in their state of residence, whichever is older as of date of entry and possess a web-enabled mobile device as of the beginning of the Promotion Period. Employees and their immediate family members (spouse, parents, grandparents, children, grandchildren, and siblings and their respective spouses, regardless of where they reside) and those residing in the same household (regardless of whether they are related) of Ferrara Candy Company (“Sponsor”), and of its parents, subsidiaries, divisions, affiliates, suppliers, distributors, advertising agencies, promotional agencies, and judging agencies and their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development and execution of this Promotion are not eligible to participate or win. Promotion is void where prohibited. Promotion is subject to all applicable federal, state, and local laws.
3. HOW TO ENTER: On September 7, 2022, at 12:00pm CT, Sponsor will commence the Promotion. To complete the Promotion, entrants must solve all nine (9) clues shared by the TikTok accounts described below, and re-post the corresponding videos from the below described TikTok accounts on entrant’s TikTok account in chronological order using the hashtag #TrolliScavengerHunt and tag @itstrolli on each of the nine (9) posts (collectively, “Entry”). To participate, entrants will log into their TikTok account and visit @mortysays to view a TikTok post which includes the first clue in the Promotion – each clue will include a Rick & Morty character’s name. Next, entrants will use the TikTok search bar to search both the Rick & Morty character name along with the name Trolli, to find the next relevant TikTok account. On this TikTok account you will find the next clue along with a video which should be saved by entrant. Entrants must complete these steps until entrants have found nine (9) videos on nine (9) separate TikTok accounts. Entrant must re-post each of these nine (9) videos on entrants’ TikTok account in chronological order, to reveal a secret message. On each re-post of the corresponding videos, entrants should include the hashtag #TrolliScavengerHunt and the tag @itstrolli in each entry. Entry should include no other text or images other than the clue answer video, the hashtag #TrolliScavengerHunt and the tag @itstrolli. The Promotion will be live for 24 hours from posting the first clue on @mortysays.
Entries generated by script, mechanical, macro or other automated means or by any means which subvert the entry process are void. If you do not have a TikTok account, establishing an account is free. All applicable TikTok terms apply. A TikTok account is required to enter via this entry method and can be opened for free at www.tiktok.com or by downloading the TikTok application onto your smart phone from the appropriate app store. By entering, entrant accepts and agrees to be bound by these Official Rules and the decisions of Sponsor and its judges, which are final in all respects. Entrant must include the correct hashtags to be eligible. Entrant may use only one TikTok account to enter. Multiple Entries from any person will be void. Multiple entrants are not permitted to share the same social media account to submit an Entry. Entrants must have non-private social account to enter and have your account privacy setting set to “Off.” Entrant can return entrant’s account to private once the winner of the Promotion has been announced. Potential winners may be required to show proof of being the authorized account holder of the social media account associated with the entry. Limit one entry per person and per social media account. Entries in excess of that limit will be disqualified if discovered by Sponsor. The person uploading the entry will be deemed the entrant. If there is a dispute as to the identity of an entrant, the entrant will be deemed the authorized account holder of the social media account used to enter. “Authorized account holder” of a social media account is defined as the person who is responsible for joining the applicable social media platform and who manages the email address associated with the account. Any text in the Entry must be in English. Any entry not in compliance with the above and that does not meet the other requirements of these Official Rules will be disqualified. Automatic or pre-programmed entries are prohibited.
4. ENTRY REQUIREMENTS: Entry must not contain, as determined by the Sponsor, in its sole discretion, any content that:
• is sexually explicit or suggestive; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
• promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
• is obscene or offensive; endorses any form of hate or hate group;
• defames, misrepresents, or contains disparaging remarks about Sponsor, Sponsor’s brands, other people, or other companies;
• infringes any third party’s intellectual property right;
• contains any personal identification, such as license plate numbers, personal names, email addresses, or street addresses;
• contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities, and/or other public or private figures, living or dead, without permission;
• contains look-alikes of celebrities or other public or private figures, living or dead;
• communicates messages or images inconsistent with the positive images, and/or good will with which Sponsor wishes to associate;
• violates a social media platform’s terms of service; and/or
• violates any law.
By submitting an Entry, each entrant represents and warrants that the Entry meets all of the Entry Requirements and that the distribution, reproduction, display and any other uses of any part of the Entry by Sponsor as permitted herein will not infringe any third-party rights. Each entrant further agrees to indemnify and hold Released Parties (defined below) harmless from and against all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by such entrant of such warranties or representations made by entrant or of these Official Rules.
By submitting an Entry, entrant grants to Sponsor and its licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the Entry (in whole or in part) as Sponsor, in its sole discretion, deems appropriate including, without limitation, (a) in connection with Sponsor’s business; and (b) in connection with the businesses of Sponsor’s successors, parents, subsidiaries, and their related companies, without prior notice, approval, or compensation. Sponsor may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such Entry. Furthermore, entrant also grants other users permission to access entrant’s Entry and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish entrant’s Entry for personal, non-commercial use as permitted by the Terms of Use on Sponsor’s website. Entrant otherwise will retain all rights in the Entry.
If Sponsor determines, in its sole discretion and at any time during the Promotion, that any Entry violates the Entry Requirements, is otherwise unsuitable, offensive, or in poor taste, or violates these Official Rules, Sponsor reserves the right to remove and disqualify the Entry. Sponsor retains sole discretion as to whether any Entry satisfies the Entry Requirements and the Official Rules.
5. WINNER SELECTION: The first eligible entrant to post a qualifying Entry and tag @itstrolli stating that they completed the Entry, as determined by Sponsor, will be deemed the potential winner. In the event of a tie, Sponsor will contact potential winners and provide an additional skill-based tie-breaker.
6. WINNER NOTIFICATION AND VERIFICATION: Sponsor will contact potential winner’s through direct message on the TikTok account from which the entrant sent the tag, and potential winner must follow the instructions outlined in the direct message within 24 hours of notification attempt. Potential winner may be required to return an Affidavit of Eligibility and Release and Liability and Publicity Release (unless prohibited by law), and provide identification (e.g., via valid state-issued driver’s license, passport or other government-issued I.D. containing the person’s name, date of birth, and photograph), which must be returned within five (5) days of the date such documents are sent by Sponsor. Winner will be sent their prizes within six to eight weeks after winner verification. If potential winner does not follow the instructions outlined in the direct message within 24 hours of the first notification attempt, if any prize or prize notification is returned as undeliverable, if potential winner is not in compliance with the Official Rules (including eligibility requirements), and/or if potential winner fails to sign and return any required documents or provide required identification by the deadlines set by Sponsor, that potential winner may be disqualified and an alternate potential winner may be selected by applying the criteria set forth above to remaining eligible, non-winning entrants, time permitting.
7. PRIZE: One (1) winner will receive two (2) prizes. The prizes include a framed canvas print of the Scavenger Hunt artwork (approximate retail value (“ARV”): $150) and one (1) year’s supply of Rick & Morty Trolli Gummy Worms to share with family and friends (ARV: $2.99per pack) awarded as (7 cases). The total ARV of all prizes is $305.48 All federal, state and local taxes and all other costs and expenses associated with prize acceptance and use not specified herein as being provided are the sole responsibility of the winner. Prize cannot be redeemed for cash. . Prizes are awarded “as is” without any warranty or guaranty of any kind. All prize details are at Sponsor’s sole discretion. To the extent that prize elements are provided by third-party providers, winner agrees to look solely to applicable prize providers with respect to any claims, losses, or disputes in connection therewith. Prizes are nontransferable, and no substitutions are allowed except by the Sponsor, which reserves the right to award a prize of equal or greater value. Federal, state, and local taxes on prize, if any, and any other costs, fees and expenses not listed above as specifically included as part of the prize are the sole responsibility of winner. An IRS form 1099 and other tax-related forms and documents may be issued by Sponsor if required by law. The properly claimed prize will be awarded provided a qualifying entry is received, but under no circumstances will more than the advertised number of prizes be awarded.
8. GENERAL: Prize winner and all entrants, as a condition of entry into the Promotion agree to release and hold harmless Sponsor, any prize provider, any applicable social media platform (Twitter, Meta Platforms (dba Instagram and Facebook, TikTok, or Pinterest), any other entity involved in the development or administration of this Promotion, and each of their respective parents, subsidiaries, and affiliates and each of their respective officers, directors, shareholders, members, employees, agents, and assigns (collectively the “Released Parties”) from and against all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property that may be sustained directly or indirectly in connection with submitting an entry or otherwise participating in any aspect of the Promotion, the acceptance, the receipt, the possession, ownership or the misuse or use of prize awarded or any typographical or other error in these Official Rules or the announcement or offering of the prizes. Prize winner assumes all liability for any injury or damage caused, or claimed to be caused by participation in the Promotion or use or redemption of a prize. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Released Parties are not responsible for injury or damage to participants' or to any other person's computer or other device related to or resulting from participating in this Promotion. Acceptance of prize constitutes permission to use prize winner’s name, likeness, TikTok username, city and state of residence, and entry for advertising, trade and promotional purposes (including any possible public relations opportunities) without further compensation except where prohibited by law (TN residents need not so consent) , in all media now known or hereafter discovered, in any manner, worldwide in perpetuity, without notice or review or approval. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Promotion; violates the Official Rules; acts in an unsportsmanlike or disruptive manner; or acts in an annoying, abusive, threatening, or harassing manner. If a dispute arises regarding compliance with these Official Rules, Sponsor may consider, in its sole discretion, data reasonably available to Sponsor through information technology systems in Sponsor’s control, but Sponsor will not be obligated to consider any data or other information collected from any other source. Any failure by Sponsor to enforce any of these Official Rules will not constitute a waiver of such Official Rules. If there is a conflict between any term of these Official Rules and any marketing or other materials used in connection with the Promotion, the terms of these Official Rules will govern. The Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or used in the Promotion that may limit the ability to participate, or by any human error which may occur in the processing of the entries in the Promotion. Entries generated by script or bot are not eligible. Sponsor reserves the right to cancel, terminate or modify the Promotion if it cannot be completed as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, technical failures, or corruption of any sort. In such event, Sponsor will award the prizes by applying the criteria set forth above to all non-suspect, eligible entries received prior to cancellation as outlined above and will announce the termination on the applicable social media platform. Sponsor also reserves the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Promotion.
9. IN CASE OF DISPUTE: As a condition of entering the Promotion, entrant agrees that: 1) under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; 2) all causes of action arising out of or connected with the Promotion, or prizes awarded, will be resolved individually, without resort to any form of class action; and 3) all claims, judgments, and awards will be limited to actual out-of-pocket costs incurred, but in no event will entrant be entitled to receive attorneys’ fees or other legal costs. Some jurisdictions do not allow for limitations on the ability to pursue class action remedies, or certain kinds of damages, and so these limitations may not apply to you. All entrants expressly agree that any legal proceedings arising out of or relating in any way to this Promotion or these Official Rules must be brought only in the federal or state courts located in Cook County, Illinois, and entrants consent to the mandatory and exclusive jurisdiction of such courts with respect to any such legal proceedings. This Promotion will be governed and enforced pursuant to Illinois law, excluding choice of law provisions.
10. SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
11. ENTRANTS’ PERSONAL INFORMATION: Information collected by Sponsor from entrants is subject to Sponsor’s Privacy Policy, located at https://www.ferrarausa.com/privacy-policy.html.
12. WINNERS LIST: The name of the winner will be posted via Sponsor’s TikTok account.
13. SPONSOR: The Sponsor of the Promotion is Ferrara Candy Company, 404 W Harrison Street, Suite #650, Chicago, IL 60607.
This Promotion is in no way sponsored, endorsed or administered by, or associated with TikTok.