The 2024 Mondelēz Global Sour Patch Kids Spring Sweepstakes Official Rules

This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with TikTok. TikTok is not affiliated with the Sponsor in any way. 7-Eleven, Inc. is also not a sponsor of this Sweepstakes.

1. No Purchase Necessary to Enter or Win. A purchase will not increase your chances of winning. By participating in the “The 2024 Mondelēz Global Sour Patch Kids Spring Sweepstakes” (the “Sweepstakes”), each entrant unconditionally accepts and agrees to comply with, abide by and be bound by these Official Rules and the decisions of Mondelēz Global LLC (“Sponsor”), which shall be final and legally binding in all matters relating to the Sweepstakes.The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. Eligibility: The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia (“D.C.”) who are eighteen (18) years or older (19 years or older if a resident of AL or NE).

Employees, officers and directors of Mondelēz Global LLC, TMPG, and their respective parent companies, subsidiaries, affiliates, Sweepstakes and advertising agencies, other companies/persons involved in the design, execution or fulfillment of this Sweepstakes, 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) and persons living in the same household (whether related or not) of any of the above, are not eligible to enter or win. The Sweepstakes is void outside the 50 United States and D.C., and where prohibited by law.

3. Sponsor and Administrator: The Sponsor of this Sweepstakes is Mondelēz Global LLC, 100 Deforest Avenue, East Hanover, NJ 07936. The Administrator of this Sweepstakes is TMPG, 777 Westchester Avenue, Suite 101, White Plains, NY, 10604.

4. Timing: The Sweepstakes begins on May 27, 2024, at 12:00:00 a.m. Eastern Time (“ET”) and ends on June 30, 2024 at 11:59:59 p.m. ET (the “Sweepstakes Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes. Entrants are responsible for determining the correct beginning and ending times of the Sweepstakes Period in their respective time zones.

5. Description of Sweepstakes/How to Enter: To enter the Sweepstakes, an Entrant must have a TikTok account. You may not enter using a shared or corporate account. If you do not have a TikTok account you may create one for free by visiting www.tiktok.com. By submitting your information and creating an account, youagree to the terms of use and privacy policy of TikTok. If you do not agree to such terms of use and privacypolicy, you cannot create an account or participate in this Sweepstakes. Sponsor may not receive entries from TikTok users with “private” updates (i.e., entrant has set his or her account so that only people the entrant has approved can view his or her updates.)

You must keep the same TikTok handle during the Sweepstakes Period and until the prizes are awarded (as described in Rule 7, below) so Sponsor may communicate with you if you are selected as a potential winner.

If an entrant chooses to use his or her mobile device to enter, all standard charges, including message and data rates, apply. Each entrant is therefore advised to consult his/her wireless rate plan PRIOR TO using a mobile device to enter.  Wireless internet access is not available on all mobile devices or wireless carriers or in all areas. A mobile device is not required to enter the Sweepstakes.

 

You may receive one (1) entry into the Sweepstakes by fulfilling ALL of the following requirements:

1. During the Sweepstakes Period, visit any of the following influencer posts advertising the Sweepstakes:
   1. https://www.tiktok.com/@dylan.eats   [Dylan McArthur]
   2. https://www.tiktok.com/@kate?lang=en  [Kate Norkeliunas]
2. Comment on the post with your favorite SOUR PATCH KIDS or SWEDISH FISH candy using the hashtag #SPK7ESweepstakes
3. In your comment to the post, @mention an adult friend (use first name only). You must have a personal relationship with this person, who must consent to being @mentioned in your entry (proof of which may be required at any time and in any form Sponsor deems acceptable).

The @mention must comply with the Entry Guidelines and Restrictions set forth below. Your @mention of a friend, will be referred to herein as your “entry”.

 

All entries must be received during the Sweepstakes Period to be eligible. No individuals other than entrant and his/her adult friend may be mentioned in the comment, and no other content other than that which is required for entry per the above instructions (including but not limited to photographs, videos and music) may be included in the entry.

Limit one (1) entry per person/TikTok account for the duration of the Sweepstakes Period.

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 that individual’s entries and that individual will be disqualified. Use of any automated program or like means to submit an entry will result in disqualification. 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 he/she is 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.

Entry Guidelines and Restrictions.

All entries submitted must comply with the following guidelines:

Entries: must be unique and original, and must be in English; must not contain anything that is known by you to be false, inaccurate or misleading; must not contain or depict material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination, including without limitation, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; must not contain or depict material that is threatening to any person, place, business, group, or world peace or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group; must not contain or depict material that is inappropriate, indecent (including, but not limited to, nudity, or pornography), profane, obscene, hateful, tortious, defamatory, slanderous, libelous), violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, self-mutilation, etc.), or illegal (e.g., underage drinking, drug, marijuana (where illegal) or alcohol use or abuse, computer hacking, etc.); must be in keeping with Sponsor’s and Administrator’s images (as determined by Sponsor and Administrator, in their sole discretion); must not disparage persons or organizations associated with Sponsor or Administrator; must not reference any of Sponsor’s or Administrator’s respective competitors or competitors’ products/services; must not disparage Sponsor’s  products or any other company’s products/services; and must not disparage any person or party in any way.

Further, entries cannot contain copyrighted materials owned by others (including music, photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies, or other media) without permission. Sponsor and Administrator do not permit the infringement of others’ rights and any use of materials not original to the entrant, except copyrighted materials owned by Sponsor or Administrator (which are not required for entry), is grounds for disqualification from the Sweepstakes. Therefore, do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties (including but not  limited to sports teams’ logos on clothing or elsewhere), or incorporate the names, voices, likeness or personas of any party other than yourself, whether living or deceased, unless you have obtained all rights necessary to permit you to use same in connection with your content and grant the rights herein granted to Sponsor and Administrator (as set forth below).

Entries must not include any background artwork, unless it is an original work of the entrant (any artwork, murals, etc. that can be seen in the entry must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein).

Entry cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission.

Entries must not contain any personally identifiable information, including but not limited to license plate numbers, personal names of individuals other than entrant and his/her adult friend, e-mail addresses or street addresses.

Entries must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any jurisdiction where the entries are created.

The above list is not meant to be exhaustive. Any entry deemed inappropriate or unsuitable, in Sponsor’s and Administrator’s sole discretion, will be disqualified.

6. Rights Granted: By submitting an entry, each entrant grants to Sponsor a royalty-free, irrevocable, perpetual, non-exclusive right and license to use, copy, reproduce, distribute, modify/edit, publish, creative derivative works from, incorporate into other works, and display his/her entry worldwide, in any form, media or technology now known or later developed (including but not limited to social media and the Internet, generally), for promotional, advertising, marketing, training or educational purposes without compensation or further notice or review, and agrees to execute documents confirming such right and license at Sponsor’s or Administrator’s reasonable request. By entering, each entrant warrants and represents that his/her entry is original, complies with the Entry Guidelines and Restrictions set forth herein, has not been previously published or won any award, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks or rights of privacy or publicity, and does not violate any federal, state or local laws or ordinances.

7. Determination of Winners and Notification: On or about July 8, 2024, the Administrator will select two (2) prize winner (each, a “Winner”) in two (2) separate random drawings, as follows: One (1) winner will be selected from among all eligible entries received through influencer Kate Norkeliunas’s post; and One (1) winner will be selected from among all eligible entries received through influencer Dylan McArthur’s post. The potential prize Winners will be notified between approximately July 15, 2024, and July 26, 2024, via direct message on TikTok. The Sponsor’s and Administrator’s decisions as to the selection of the potential winners are final and binding.

 

8. Prizes: Two (2) prizes will be awarded, each consisting of one (1) two hundred fifty-dollar ($250) value bank-issued, multi-merchant Gift Card. Use of Gift Card is subject to all policies, terms and conditions of the issuer.

Each prize is awarded “as is” and without warranty of any kind, express or implied, in fact or in law (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).

 

9. Prize Acceptance Requirements: As a condition of acceptance of a prize, each Winner may be required to submit an Affidavit of Eligibility and Liability/Publicity Release Form (where permitted) within a specified time period. If a potential Winner fails to: respond to Sponsor’s initial contact within five (5) calendar days; accept the prize; or return any documents required by Sponsor within the required time period, or if any prize notification is returned as undeliverable, or in the event that a potential Winner is disqualified for any reason, the applicable prize will be forfeited and awarded to an alternate potential winner in a random drawing from among all remaining eligible entries in the applicable drawing pool.

Each winner is responsible for all federal, state, and local taxes and fees associated with acceptance of the prize. The prizes are non-transferable, non-refundable, and no substitutions will be made except as provided herein, or in the Sponsor’s sole discretion. The prizes are not redeemable for cash. Sponsor reserves the right to substitute the prize with one of equal or greater value in the event the advertised prize becomes unavailable.  Odds of winning a prize depend on the number of eligible entries received during the Sweepstakes Period via each influencer’s post.

10. Publicity: By submitting an entry, each entrant acknowledges that his/her name, city/state of residence and entry may be used and posted across any and all of Sponsor’s and digital and social media assets at any time, in accordance with Rule 6, above. Entrant waives any moral rights he or she may have in or to his/her entry and agrees that if Sponsor elects to use the entry for any purpose in accordance with Rule 6, above, all proceeds of such use shall be the sole property of Sponsor. If any use by Sponsor of an entry causes Sponsor to be liable to any third party, entrant agrees to indemnify Sponsor, its parent company, affiliates and subsidiaries, and their respective agents, employees, officers, directors and representatives, from and against any and all damages, costs, judgments and expenses (including reasonable attorney fees) which Sponsor incur as a result of its use of the entry.

11. Release, Limitations of Liability and Force Majeure Clause: By participating in the Sweepstakes, entrants agree, to the fullest extent permitted by law, to release and hold harmless Sponsor, Administrator, 7-Eleven, TikTok and their respective parent companies, subsidiaries, affiliates, and the directors, officers, employees, agents, and representatives of each of the foregoing, (collectively, the “Released Parties”) from and against any and all liability for any claims for injuries, loss or damage of any kind to persons, including personal injury or death, or property, arising from or in connection with participation in the Sweepstakes, or the acceptance, possession, misuse, or use of a prize (if applicable), and from any claims based on violation of publicity/privacy rights, defamation or invasion of privacy. The Released Parties are not responsible if a prize cannot be awarded or is delayed in delivery due to cancellations, delays, or interruptions arising from acts of God, acts of war, natural disasters, weather, terrorism, epidemic or pandemic, or any other such Force Majeure event.

 

The Released Parties are further not responsible for technical, human or other error which may occur in the administration of the Sweepstakes or the transmission, receipt or processing of entries, including but not limited to such errors related to the TikTok platform, and the announcement of the prize winners. In no event will more than one (1) prize be awarded per influencer post. If, for any reason, more than one (1) prize notification is issued for either prize drawing, the one (1) intended prize will be award in a random drawing from among all recipients of such notifications.

The Released Parties are not responsible for typographical, printing human or other errors in the announcement of the prize winners or other inadvertent errors in these Official Rules or other materials relating to the Sweepstakes.

12. Governing Law and Disputes: By entering the Sweepstakes, each entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prize (if applicable) shall be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction in the State of New York; (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) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim 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 portions of 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, Sponsor and Administrator in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

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.

13. 13. Entrants’ Personal Information: Information collected from entrants is subject to Sponsor’s Privacy Policy.
14. Winners’ Names: For the names of the winners, mail a self-addressed stamped envelope to “2024 Mondelēz Global Sour Patch Kids Spring Sweepstakes” Winner List Request, 777 Westchester Ave, Suite 101, White Plains, NY 10604. Requests must be received by August 8, 2024. Winners’ names will be available after each winner has been confirmed.

Any questions, comments or complaints regarding this Sweepstakes must be directed to the Sponsor or Administrator only, and NOT to TikTok or 7-Eleven.

All trademarks used herein are the property of their respective owners.