Official Rules

SOUR PATCH KIDS Fact or Kid Trivia

OFFICIAL RULES

NO PURCHASE, SCAN OR MOBILE DEVICE NECESSARY.
A PURCHASE OR SCANNING 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 Promotion is no way sponsored, endorsed, administered by, or associated with TikTok Inc. TikTok Inc. is not affiliated with Sponsor in any way.

1. TO ENTER: SOUR PATCH KIDS Fact or Kid Trivia (the “Promotion”), sponsored by Mondelēz Global LLC (“Sponsor”), begins at approximately 12:00 a.m. ET on August 1, 2024 and ends at 11:59 p.m. ET on August 30, 2024 (the “Promotion Period”). There are two (2) ways to enter the Promotion.

A. Enter by Posting a Video to TikTok:

Participation Requirements: An individual, personal public TikTok account is required to participate. If you do not have a TikTok account, you may open one for free at TikTok.com. When you join TikTok, 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 the TikTok Terms of Use and Privacy Policy. You must use a wireless mobile device to enter by posting a video on TikTok. When using 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 Promotion, see Section 1.B below for how to enter by mail. You may not use a corporate or shared TikTok account to participate.

Entry Requirements: To enter by posting a video to TikTok, take the following actions during the Promotion Period:

(1) Follow @therealsourpatchkids on TikTok;

(2) Locate the TikTok post posted by @therealsourpatchkids that advertises this Promotion (herein “Promotion Post”) and click on the Fact or Kid TikTok effect filter (herein, “Fact or Kid Effect”). Alternatively, you may click on the “Effects” icon in the lower left hand corner of the recording screen on TikTok to search for the Fact or Kid Effect or scan the QR code made available in marketing materials advertising this Sweepstakes to access the Fact or Kid Effect on the TikTok platform.

(3) The Fact or Kid Effect includes a trivia game consisting of five (5) randomized questions. Use the Fact or Kid Effect to create a video of yourself answering the five (5) trivia questions (video must be no longer than sixty (60) seconds). The Fact or Kid Effect will automatically calculate and post to the video the number of trivia questions you answered correctly. You must answer at least three (3) of the five (5) trivia questions correctly in order to earn an entry into the Promotion. You may play the trivia game in the Fact or Kid Effect as many times as necessary until you answer three (3) of the five (5) trivia questions correctly, as determined by the Fact or Kid Effect. The video must be recording continuously while you answer the questions, and may not be edited in any way.

(4) Post your video of you answering at least three (3) of the five (5) trivia questions correctly to TikTok and include the hashtag #SPKContest in the original caption to your post (your “TikTok Post”). Videos posted where you do not answer at least three (3) of the five (5) trivia questions correctly will not be eligible as an entry. There is no Sour Patch KidS candy or other purchase necessary to enter this Promotion. Therefore, 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 chances of winning. Your TikTok Post must also comply with the Guidelines and Content Restrictions stated below; and

(5) You must keep the same TikTok handle during the Promotion Period and until the prizes are awarded (as described in Section 4 below) and have your account privacy set to allow friends to direct message you so we may communicate with you if you are selected as a potential winner.

Should your TikTok Post meet all requirements, and if timely posted, you will receive one (1) entry into the Promotion. All TikTok Posts must be posted during the Promotion Period to be eligible for inclusion in the prize drawing as described in Section 4, below.

Guidelines and Content Restrictions for your Entry:

· Your TikTok Post must be in English;

· Your TikTok Post must meet TikTok’s format and size requirements;

· The video portion of your TikTok Post may be no longer than sixty (60) seconds;

· Your TikTok Post must show that you answered at least three (3) of the five (5) trivia questions correctly as automatically posted to the video by the Fact or Kid Effect;

· Your TikTok Post must be your original work, created only by you while using the Fact or Kid Effect;

· Your TikTok Post need not include any reference, positive or negative, to Sponsor’s products, including, but not limited to, Sour Patch Kids candy. Including such a reference or image in your entry will not improve your chances of winning;

· Your TikTok Post 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 TikTok Post and to grant the rights set forth in Section 2. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor. You should only include minors in your TikTok Post if they are your children/legal wards. If you are Minor, you may only include your parents/legal guardians in your TikTok Post;

· Your TikTok Post 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.

o Therefore your TikTok Post must not contain content created by a third party, such as logos (including, but not limited to, the logos of sports teams or brands), branded products (other than Sponsor’s products, which are not required), music (other than the sound in the Fact or Kid Effect), images (other than those provided in Fact or Kid Effect) or artwork;

· Your TikTok Post must not disparage Sponsor or its products or services or any other product, person or party;

· Your TikTok Post 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 TikTok Post 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 TikTok Post 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 TikTok Post 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 TikTok Post 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.

ENTRIES POSTED TO TIKTOK REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANTS AND DO NOT REFLECT THE VIEWS/OPINIONS OF any of the Promotion Parties (AS DEFINED IN SECTION 3, BELOW) 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 PROMOTION FOR ANY REASON, WILL BE DISQUALIFIED.

B. Enter by Mail: To enter without posting a TikTok video, legibly handprint your name, address, phone number, email address, and date of birth on a piece of paper and mail it in an envelope with proper postage to “SOUR PATCH KIDS Fact or Kid Trivia,” c/o Merkle Inc., P.O. Box 5046, Department 863654, Kalamazoo, MI 49003-5046. If properly completed and submitted, you will receive one (1) entry into the Promotion. All mail-in entries must be postmarked by August 30, 2024 and received by September 7, 2024 in order to be eligible for inclusion in the prize drawing described in Section 4, below. All mail-in entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, damaged, incomplete, invalid, unintelligible, illegible, misdirected or postage-due mail-in entries, all of which will be disqualified.

Entry Limit: You may enter one (1) time during the Promotion Period, either by posting a video to TikTok as described in Section 1.A. or by mail as described in Section 1.B. 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, physical addresses or any other methods will void all of that individual's entries and that individual will be disqualified. In the event of a dispute as to the identity of an entrant, Sponsor and Administrator will rely on the information associated with the entrant’s TikTok account used to enter this Promotion or provided in your mail-in entry (as applicable). If additional information provided by entrant to claim the prize, including but not limited to entrant’s exact first and last name, is inconsistent with the TikTok account used to enter or mail-in entry(as applicable), Sponsor and/or Administrator may disqualify such entrant and such disqualification may result in the forfeiture of any prizes won, in the Sponsor’s and Administrator’s discretion. Sponsor, in its discretion, may request additional documentation from entrant to confirm entrant’s identity. Failure to comply will result in disqualification.

2. SPONSOR’S USE OF ENTRIES: Submitting 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 (including but not limited to the submitted video), 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 (and their parent or legal guardian, if entrant is a Minor) 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) in the entry.

By submitting 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 Promotion 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., DAVID the Agency, Vayner Media, Snapple Beverage Corp. 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 Promotion. Void outside the 50 United States, D.C. and PR and where prohibited.

4. WINNER DETERMINATION AND WINNER REQUIREMENTS: Administrator is an independent organization whose decisions are final and binding in all matters related to the Promotion, including but not limited to those related to the selection of the potential winners. All potential winners are subject to verification of eligibility and compliance with these Official Rules. Administrator will select ninety-nine (99) potential prize winners in a random drawing from all entries received during the Promotion Period through both entry methods combined on or around September 13, 2024. If a potential winner entered by posting a video on TikTok, the potential winner must have answered three of the five (5) trivia questions correctly (as determined by the Fact or Kid Effect) in order for their entry to be valid; entries where the potential winner did not answer three of the five (5) trivia questions correctly will be disqualified. If a potential winner entered by posting an entry on TikTok, potential winner will be notified by direct message from Sponsor’s @therealsourpatchkids account on TikTok after the date of the drawing and will be directed to a secure website where the potential winner will be required to provide their name, date of birth, valid email address and mailing address and, if a potential 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 prize. There is no cost to the potential winner to complete the form, and Sponsor and Administrator will never request a credit card number or any other form of payment in order for potential winner to claim the prize. If a potential winner entered by mail, they will be notified via email from Administrator. If a potential winner is a Minor and entered by mail, the potential winner will also 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 prize.

If a potential winner of any prize 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. All potential Grand Prize winners (either personally, or if a Minor, the Minor’s parent or legal guardian) will be required to sign and return a Declaration to claim the prize, which must be received by Administrator within four (4) days of the date the Declaration is issued. The Declaration document will be sent to the potential winner (or, if the potential winner is a Minor, to the potential winner’s parent or legal guardian) by email from Administrator. If a potential winner or potential winner’s parent/legal guardian (if applicable) cannot be contacted, or a prize or prize notification is returned as undeliverable, or if a potential Grand Prize winner or potential Minor winner’s parent/legal guardian (if applicable) fails to sign and return the Declaration or provide any requested information within the required time period, or if a potential winner is deemed ineligible to receive the 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, after which the applicable prize will not be awarded if it remains unclaimed. Each prize will be awarded provided it is claimed properly in accordance with these Official Rules. Receiving a prize is contingent upon compliance with these Official Rules.

5. PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”)/ODDS: Ninety-nine (99) Prizes are available to be awarded, as follows.

TEN (10) GRAND PRIZES: $1,000.00, awarded as a check, one (1) coupon good for up to $7.99 for a 6-pack of Snapple^® beverages (any deposit and tax excluded) and twelve (12) bags of 8.02 oz SOUR PATCH KIDS candy of Sponsor’s choice. Coupon expires December 31, 2024. ARV: $1,048.00 each.

TWENTY (20) FIRST PRIZES: $100.00, awarded as a check, one (1) coupon good for up to $7.99 for a 6-pack of Snapple beverages (any deposit and tax excluded) and twelve (12) bags of 8.02 oz SOUR PATCH KIDS candy of Sponsor’s choice. Coupon expires December 31, 2024. ARV: $148.00 each.

SIXTY-NINE (69) SECOND PRIZES: Twelve (12) bags of 8.02 oz SOUR PATCH KIDS candy of Sponsor’s choice, and one (1) coupon good for up to $7.99 for a 6-pack of Snapple beverages (any deposit and tax excluded). Coupon expires December 31, 2024. ARV: $48.00 each.

Prizes are non-transferable and no substitution or cash redemption will be made except as provided herein or at the Sponsor’s sole discretion. Sponsor may substitute a prize (or a portion thereof) of equal or greater value if the advertised prize (or a portion thereof) becomes unavailable. Prizes will be shipped to winners’ home mailing addresses within approximately 8-10 weeks following the conclusion of the Promotion and verification of all winners. Total ARV of all available prizes is $16,752.00.

The odds of winning a prize depend on the number of entries received through both entry methods combined.

6. GENERAL RULES: By entering Promotion, entrants (and their parents/legal guardians if entrants are Minors) accept and agree to these Official Rules and the decisions of the Sponsor and Administrator, which shall be final in all matters relting to this Promotion. By entering the Promotion, 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 (collectively, the “Released Parties”), harmless from and against any and all claims and liability arising out of participation in the Promotion 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 (if applicable), likeness (and biographical information) and photograph (including, without limitation, winner’s TikTok account profile photo (if applicable) 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, late, lost, undeliverable, damaged, postage-due or stolen mail, 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 Promotion, including but not limited to any of 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 Promotion, the administration of the Promotion or the announcement of the winners. If, in the Administrator’s opinion, there is any suspected evidence of tampering with any portion of the Promotion, or if technical difficulties compromise the integrity of the Promotion, the Sponsor reserves the right to modify or terminate the Promotion 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 Promotion Period, Promotion winners will be chosen in a random drawing from among all entries received through both entry methods combined prior to the date/time of termination. In no event will more prizes than are stated in these Official Rules be awarded. If, for any reason, more prize notifications are sent (or more claims are received) than the number of prizes offered as set forth in these Official Rules, Sponsor reserves the right to award the intended number of prizes through a random drawing from among all eligible notifications/prize claims received. All federal, state and local laws apply.

Each prize winner (or winner’s parent or legal guardian if winner is a Minor) acknowledges that each prize is awarded “as is” and that the Released Parties have not made, and are not in any manner responsible or liable for, any representation, guarantee or warranty, express or implied, in law or in fact, relative to the prize, including, but not limited to, its quality, condition or fitness for a particular purpose.

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 Promotion or any prize 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 Promotion, 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 entrant (and their parent/legal guardian if the entrant is a Minor) and Sponsor in connection with the Promotion, 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, EACH 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 Promotion 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 Promotion-related materials or notifications and these Official Rules, these Official Rules shall prevail, govern and control.

8. ENTRANTS’ PERSONAL INFORMATION: Information collected from entrants is subject to Sponsor’s Privacy Policy.

9. WINNERS LIST: For a list of winners, please click HERE. The winners list will be posted after winner confirmation is complete.

10. SPONSOR: Mondelēz Global LLC, 100 Deforest Avenue, East Hanover, NJ 07936.

11. PROMOTION ADMINISTRATOR: Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.

Any questions, comments or complaints regarding this Promotion must be directed to the Sponsor or Administrator only, and NOT to TikTok Inc. or Snapple Beverage Corp. Snapple Beverage Corp. is not a sponsor of this Promotion.