BAZOOKA CANDY BRANDS SOCIAL MEDIA SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
These Official Rules, including the specific details listed in the applicable Sweepstakes Post, constitute the full and complete Official Rules for each Bazooka Candy Brands Social Media Sweepstakes (each a “Sweepstakes”). Each Sweepstakes is open only to legal residents of the 48 contiguous States of the United States and District of Columbia who are 18 years of age or older and are of the age of legal majority in their state of residence, and who have a valid Instagram account at the time the applicable Promotion Period begins and throughout the notice and prize awarding period thereafter. Sweepstakes are void where prohibited by law.
1. OVERVIEW: Bazooka Candy Brands, a division of The Topps Company, Inc. (“Sponsor”) may, from time to time, offer sweepstakes promotions via its official Instagram accounts for one (1) or more of its products or business activities. Each Sweepstakes is completely independent of other sweepstakes offered by Sponsor via social media and any other contests/sweepstakes/promotions/offers sponsored by Sponsor. The specific details of each Sweepstakes, as posted at the corresponding Sponsor social media account(s) (the applicable “Sweepstakes Post”), are made a part of the Official Rules and incorporated by reference herein with respect to the applicable Sweepstakes. Specific details include the start and end dates, entry instructions, and the prize(s) offered in a given Sweepstakes. Review both the specific details of a given Sweepstakes and these additional Official Rules.
2. ELIGIBILITY: Each Sweepstakes is open and offered only to legal residents of the 48 contiguous United States of America (“U.S.”), and the District of Columbia (“D.C.”), who are 18 years of age or older, are the age of majority in their State of residence, and have an Instagram account set to “public” at the time of entry. Your Instagram account must be public until a winner is selected so that Sponsor can contact you via your Instagram account if you are a potential winner. Residents of Alaska, Hawaii, Puerto Rico and U.S. territories are not eligible. Employees, officers, and directors of Sponsor, its parent, subsidiaries, affiliates, agencies, and prize suppliers, and their immediate families (parent, child, sibling or spouse) and/or household members; and any other persons or entities associated with this Sweepstakes are ineligible to enter or win. Void outside of the 48 contiguous U.S. and D.C., and where prohibited or restricted by law.
3. SPONSOR: Each Sweepstakes is sponsored by Bazooka Candy Brands, a division of The Topps Company, Inc., 1 Whitehall Street, New York, NY 10004.
4. AGREEMENT TO OFFICIAL RULES: By participating, those who enter a Sweepstakes (“Entrants”) agree to abide by and be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning a “Prize” (defined below) is contingent upon being selected and fulfilling all of the requirements set forth in these Official Rules.
5. TIMING: Each Sweepstakes begins when the applicable Sweepstakes Post is posted on the applicable Bazooka Candy Brands brand Instagram handle and ends at 11:59 AM ET seven (7) days after, the date the Sweepstakes Post is posted (the “Promotion Period”). Sponsor’s database clock is the official time-keeping device for the Sweepstakes. Entries made outside of the Promotion Period will not be accepted.
6. HOW TO ENTER: You must have an active Instagram account and your profile and posts must be set to “public” in order to enter. To submit an entry (each an “Entry”), go to the applicable Bazooka Candy Brands brand Instagram handle and locate and comment on the applicable Sweepstakes Post, including the following in your comment, during the Promotion Period: (1) the hashtag that is specified in that Sweepstakes Post and (2) the tag specified in the Sweepstakes Post. The Sweepstakes Post will include a call-to-action to comment on the Sweepstakes Post.
7. ENTRY REQUIREMENTS AND RESTRICTIONS: Entries will not be acknowledged. Limit one Entry per person, Instagram account, and household per Sweepstakes during the applicable Promotion Period. Multiple comments to the same Sweepstakes Post will not result in multiple Entries or chances to win a Prize in that Sweepstakes, and only the first entry will be considered.
(a) is original to him/her;
(b) does not violate any law, rule, regulation, and/or guideline;
(c) does not infringe upon or invade any right of any third party, including without limitation intellectual property rights, privacy, or other proprietary right;
(d) is not defamatory, trade libelous, pornographic, or obscene, and does not contain, depict, include, discuss, or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar, or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious, or other groups; or any comment that is or could be considered inappropriate, unsuitable, or offensive; all as determined by Sponsor in its sole discretion;
(e) does not contain the image or personal information of any individual, including without limitation, name, telephone number, address (physical or electronic); and
(f) does not contain any commercial message, advertising link, and/or spam; comparison or solicitation for products and/or services other than products of Sponsor; or any identifiable third-party product, trademark, brand name, logo, and/or trade dress.
In order to be eligible, Entries must actually be received by Sponsor during the Promotion Period. Entries received by Sponsor after the end of the Promotion Period are VOID. Those who do not follow all of the instructions, do not provide the required information in their Entry, or do not abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s sole discretion. Entries made by any other individual or any entity, and/or using any e-mail address or Instagram account other than the Entrant’s, or submitted at any other website, including, without limitation, commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified. Your submission of an Entry constitutes your representation of eligibility, consent to participate in the Sweepstakes and consent for Sponsor to obtain, use, and transfer your name, address, photograph and other information for the purpose of Sweepstakes administration regarding the Sweepstakes and a Prize.
8. GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to: (a) infection by computer virus, bugs; (b) tampering, unauthorized intervention; (c) fraud; (d) technical failures; or (e) any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice; Sponsor also reserves the right to award the applicable Prize using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (y) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes; or (z) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE, INCLUDING WITHOUT LIMITATION THE OFFICIAL RULES WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an Instagram account, the authorized account holder of the Instagram account used to submit at time of Entry, will be deemed the Entrant. “Authorized account holder” is defined as the natural person who is assigned to an Instagram account. Potential winners may be required to show proof of being the authorized account holder.
9. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless Sponsor, Instagram, the prize providers, Orion Distribution Company LLC and each of their respective parents, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies (collectively, the “Released Parties”) from and against any claim, liability, or cause of action arising out of participation in the Sweepstakes or receipt, use, or misuse of any Prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an Entry; (b) unauthorized human intervention in the Sweepstakes; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of Entries; or (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of any Prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to the Entrant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
10. WINNER DETERMINATION/NOTIFICATION: Following the conclusion of the Promotion Period, one (1) potential Prize winner will be randomly selected by Sponsor from among all eligible Entries submitted and received by Sponsor during the Promotion Period. Odds of winning are based on the number of eligible Entries received by Sponsor during the Promotion Period. The potential winner will be contacted via direct message to the Instagram account used to submit his/her Entry. If the potential winner does not respond within three (3) days after the first attempt to contact him/her, or the Prize notification is returned as undeliverable, that potential winner will be deemed to have forfeited the Prize. Winning the Prize is contingent upon fulfilling all requirements set forth herein.
Except where prohibited by law, each potential winner will be required to complete and return an affidavit of eligibility, a liability release, any applicable tax reporting forms, and/or a publicity release within seven (7) days of receipt prior to claiming the Prize (“Prize Documentation”). In the event of noncompliance with this requirement (if applicable) or if potential winner cannot be contacted for any reason, the Prize will be forfeited, an alternate winner may be selected from the remaining eligible entries received, and Sponsor shall have no liability or obligation to such person.
11. PRIZES: One (1) winner (each a “Winner”) will be selected by Sponsor from all eligible Entries in the Promotion Period. The Winner will receive the prize specified in the Sweepstakes Post, which has an approximate retail value of US$25.00 (the “Prize”) approximately four-(4) to six (6) weeks after receipt by Sponsor of the completed Prize Documentation. Prize is subject to availability and may be substituted by Sponsor for a prize of equal or greater value at Sponsor’s discretion. No substitution or transfer of Prize by Winner will be permitted. Approximate retail value (ARV) of the Prize: U.S. $25.00.
12. PRIZE CONDITIONS: All federal, state, local, or other tax liabilities, including but not limited to income taxes or like amounts in connection with a Winner’s award, acceptance, or use of the Prize arising from this Sweepstakes will be the sole responsibility of the Winner.
By accepting a Prize, where permitted by law, the Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA, now known or later devised, without limitation at any time a Winner’s full name, portrait, picture, voice, likeness and/or biographical information, and posts and comments, for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.
In no event will Released Parties be responsible or liable for any damages or losses of any kind (including without limitation, direct, indirect, incidental, consequential, or punitive damages) arising out of participation in this Sweepstakes or the acceptance, possession, use, or misuse, or any harm resulting from the acceptance, possession, use, or misuse of a Prize.
14. DISPUTE RESOLUTION; GOVERNING LAW; WAIVER OF CLASS ACTIONS AND TRIAL BY JURY: By entering the Sweepstakes, Entrants agree that (a) any action at law or in equity arising out of or relating to the Sweepstakes, these Official Rules, or the rights and obligations of any participant and/or Sponsor, shall be filed in either the courts of the State of New York, County of New York OR the U.S. District Court for the Southern District of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action (and expressly waive any right of change of venue, forum non conveniens or any like right), AND ANY RIGHT TO A TRIAL BY JURY AND A TRIAL BY JURY IS HEREBY WAIVED; (b) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys’ fees; and (d) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, shall be governed by, and construed in accordance with the laws of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than 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 be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The value of the prizes set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed.
15. WINNERS LIST REQUEST: To request confirmation of the name, city, and state of residence of the Winners, please send a self-addressed, stamped business size envelope, within thirty (30) days after the end of the applicable Promotion Period, indicating the specific Sweepstakes brand and Promotion Period, to: “Bazooka Candy Brands Social Media Sweepstakes WINNER LIST”, The Topps Company, Inc., 1 Whitehall Street, New York, NY 10004.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook.
©2020 The Topps Company, Inc. All rights reserved.