BAZOOKA CANDY BRANDS RING POP® 45TH BIRTHDAY CONTEST OFFICIAL RULES
RING POP® 45TH BIRTHDAY CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
These Official Rules constitute the full and complete Official Rules for the Ring Pop® 45th Birthday Contest (“Promotion”). The Promotion is open only to legal residents of the 48 contiguous United States and District of Columbia who are 18 years of age or older and who have a valid Instagram account at the time the Promotion Period begins. Promotion is void outside of the contiguous United States and where prohibited by law.
#1 ELIGIBILITY: The Promotion 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 and have an Instagram account set to public at the time of entry. Your Instagram account must be public until the winner is selected so that Sponsor can contact you via your Instagram account if you are the potential winner. Residents of Alaska, Hawaii, Puerto Rico, and U.S. territories are not eligible. Employees, officers, and directors of The Bazooka Companies, Inc. (“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 Promotion are ineligible to enter or win. Void outside of the 48 contiguous U.S. and D.C., and where prohibited or restricted by law.
#2 SPONSOR: The Promotion is sponsored by Bazooka Candy Brands, a division of The Bazooka Companies, Inc., 1 Whitehall Street, New York, NY 10004.
#3 AGREEMENT TO OFFICIAL RULES: By participating, those who enter the Promotion (“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 Promotion. Winning the Prize (defined below) is contingent upon fulfilling all the requirements set forth in these Official Rules.
#4 TIMING: The Promotion begins on May 2, 2022 at 11:59 AM ET and ends on May 30, 2022 at 11:59 PM ET (the “Promotion Period”). Sponsor’s database clock is the official time-keeping device for the Promotion. Entries made outside of the Promotion Period will not be accepted.
#5 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 (“Entry”), upload a photograph of a Ring Pop-themed birthday baked good masterpiece (e.g. cake, cupcake, etc.) created by you to your Instagram account during the Promotion Period and include the hashtag #RingPop45Contest. No purchase of Ring Pop® is required to enter and a purchase of Ring Pop will not improve your chance of winning.
#6 ENTRY REQUIREMENTS AND RESTRICTIONS: Entries may not be acknowledged. Proof of uploading of the baked good masterpiece photograph and use of hashtags does not constitute proof of receipt of same or proof of entry in the Contest. Limit one Entry per person, Instagram account, and household during the Promotion Period. Any Entry after the first Entry will not be accepted, and only the first entry will be considered in judging for potential Prize (if determined to be eligible). Egregious or repeated violations of the entry limit will result in voiding of all Entries and disqualification from the Promotion.
By entering, you agree that your Entry conforms to the submission requirements set forth below (the “Submission Requirements”) and that Sponsor, in its sole discretion, may disqualify you from the Promotion and/or remove any Entry if it believes that an Entry fails to conform with the Submission Guidelines. By participating in the Promotion and submitting an Entry, each Entrant hereby represents and warrants that any Entry he/she submits:
(a) is solely the original work of the Entrant and the Entrant has all rights to the photograph submitted by 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 (such as copyright or trademark), 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/drugs/tobacco; explicit or graphic sexual content, or sexual innuendo; crude, vulgar, or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious, or other groups; political or religious content; 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 show any identifiable individual other than Entrant;
(f) does not contain the personal information of any individual, including without limitation, name, telephone number, address (physical or electronic);
(g) does not adversely affect the goodwill and business reputation of Sponsor or its Ring Pop® brand;
(h) does not overly involve the use of photo-editing software so as to manipulate the actual appearance of the Ring-Pop themed birthday cake;
(i) was not published previously by Entrant in any media;
(j) 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.
†Sponsor grants eligible Entrants a limited, nonexclusive, non-transferable and non-sublicensable right to use the Ring Pop® trademark solely for purposes of creation of one (1) Entry in accordance with these Official Rules. Such grant of rights will automatically end on May 30, 2022 at 11:59 PM ET unless Sponsor elects to extend such grant of rights to specific individual(s). Any use of the Ring Pop® trademark after May 30, 2022 at 11:59 PM ET constitutes an actionable violation of Sponsor’s rights.
To be eligible, Entries must 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 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 or photographed 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 or social media platform, including, without limitation, commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified.
#7 GRANT OF RIGHTS IN ENTRY: By entering the Promotion, Entrant:
(a) grants to Sponsor and its respective designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, exhibit, display, and/or otherwise exploit his/her Entry (including the image and likeness of Entrant as embodied in the Entry, if applicable) in any manner, for any commercial or non-commercial purposes, and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to Entrant. Without in any way limiting the preceding, Sponsor may repost an Entrant’s Entry in whole or in part on Sponsor’s Ring Pop® Instagram account (@ringpopofficial), Sponsor’s other social media accounts (e.g. Facebook, TikTok) and elsewhere. Should Sponsor choose to do so, such posting does NOT constitute any representation that such entrant is the potential prize winner in the Promotion;
(b) waives any “Moral Rights of Authors” (Droit Moral) in his/her Entry and any claims based on violation of Entrant’s right of publicity;
(c) agrees, upon the request of Sponsor, and without compensation, to sign any and all necessary and appropriate documents so as to effect, perfect or record the grant of license and/or waiver of “Moral Right of Authors” (Droit Moral) as per subsections (a) and (b) above;
(d) agrees that Sponsor has wide access to ideas, stories, designs and other literary/artistic materials submitted from outside sources or being developed by its own employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) an Entrant’s Entry and that Sponsor shall have no liability to Entrant or any third party in conjunction therewith; and
(e) agrees that Sponsor has no duty of confidentiality or other fiduciary duty relative to his/her Entry.
Your submission of an Entry constitutes your representation of eligibility, consent to participate in the Promotion and consent for Sponsor to obtain, use, and transfer your Entry as described herein and to obtain, use, and transfer your name, address, Entry post and other information for the purpose of Promotion administration regarding the Promotion and the Prize.
#8 GENERAL CONDITIONS: If for any reason the operation or administration of this Promotion 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 of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, 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 Promotion in whole or in part, at any time, without notice and award the Prize in a manner that Sponsor, in its sole discretion, deems fair and equitable and best conforms to the spirit of these Official Rules, including using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or not awarding the Prize to any Entrant. 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 Promotion; 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 PROMOTION 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 the Winner, 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 by Meta Platforms, Inc. Potential winner may be required to show proof of being the authorized account holder.
#9 RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Promotion, Entrants agree to release and hold harmless Sponsor, Meta Platforms, Inc., 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 Entrant’s participation in the Promotion and any Promotion-related activity, and receipt, use, or misuse of the 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 Promotion; (c) printing errors; (d) errors in the administration of the Promotion or the processing of Entries (including filtering by or other operation of the functionality of the Instagram social media platform); 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 Promotion, any Promotion-related activity, or receipt of the 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 or mobile device relating to or resulting from participation in this Promotion or downloading any materials in this Promotion. Entrant waives the right to claim any damages whatsoever, including, but not limited to, attorney’s fees and punitive, consequential, direct, or indirect damages.
#10 WINNER DETERMINATION/NOTIFICATION:
a. Judging. On or about June 6, 2022, a judging panel comprised of five (5) of Sponsor’s marketing executives will evaluate eligible Entries based on the following criteria: creativity and originality (60%); technical design (30%); expressed passion for Ring Pop® (10%). Approximately ten (10) Entries with the highest overall scores will be shared with a judging panel comprised of five (5) professional bakers chosen by Sponsor. (Should Sponsor’s marketing executives choose to advance fewer than ten  entries onto the professional baker judging panel for any reason, Sponsor shall not have any liability of any kind.) On or about June 8, 2022, the professional baker judging panel will evaluate the ten submitted Entries based on the following criteria: creativity and originality (60%); technical design (30%); expressed passion for Ring Pop® (10%). Of the ten (10) or fewer Entries reviewed by the professional baker judging panel, the Entry that receives the highest score from the professional baker judging panel will be deemed the winner, subject to Section 10.b herein. The winner will be announced on or about June 14, 2022. (For the avoidance of doubt, Entrants whose Entries advanced for review by the professional baker judging panel but do not potentially win the Prize will not be notified nor will they receive any consolation prize or other award of any kind.
b. Notification of Potential Winner. The potential winner will be notified by direct message to the Instagram account used to submit his/her Entry. It is the sole responsibility of the potential winner to configure his/her Instagram privacy settings so as to receive direct messages from @ringpopofficial; Sponsor expressly disclaims any liability under any legal theory for late, lost, delayed or undeliverable direct messages, regardless of cause. Except where prohibited by law, potential winner will be required to complete and return an affidavit of eligibility, a liability release, and/or a publicity release within five (5) days of receipt prior to claiming the Prize. 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; or
- the account from which the Entry was submitted is no longer active, or
- the potential winner does not complete, sign, and return the affidavit of eligibility, liability release, publicity release (where lawful) and other documents that may be required by Sponsor (including confirmation that their Entry complies with these Official Rules) within five (5) business days of date indicated on prize notification; or
- the potential winner declines the Prize; or
- the potential winner is determined by Sponsor to be ineligible or otherwise in violation of these Official Rules;
the potential winner will be deemed to have forfeited the Prize and Sponsor will seek to award the Prize to the Entrant whose Entry had the next highest score in the judging by the professional baker judging panel. Winning the Prize is contingent upon fulfilling all requirements set forth herein.
#11 PRIZES: One (1) Prize will be awarded to the Entrant determined to be the winner pursuant to Section 10 (“Winner”). The Prize consists of a One Thousand Dollar ($1,000.00) Visa® gift card and a one-year supply of Ring Pop® (365 Ring Pops total). The flavor, type, size, and style of the awarded Ring Pops will be determined by Sponsor in its sole discretion. No substitution or transfer of Prize by Winner will be permitted. Sponsor will not replace any lost or stolen Prize. Approximate retail value (ARV) of the Prize: $1,200.00.
#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 Promotion will be the sole responsibility of the Winner. In accordance with applicable law, Sponsor will report Winner’s receipt of prize to the Internal Revenue Service via IRS 1099 Tax Form; and, Winner agrees to fully cooperate with Sponsor in its compliance with such governmental reporting requirement, including by providing his/her Social Security Number or Tax Identification Number via IRS W9 Form.
The gift card component of the Prize is subject to the applicable terms and conditions of issuer, which are hereby incorporated herein by reference.
Prize must be accepted as awarded. Winner must accept both the one-year supply of Ring Pop® AND gift card components of Prize or forfeit the Prize altogether; and, in the event of Prize forfeiture, no compensation will be awarded. Any and all expenses associated with Prize acceptance and use not specified in these Official Rules is the sole responsibility of winner. One-year supply of Ring Pop® component of prize cannot be exchanged or redeemed for cash; gift card component of Prize may only be exchanged/redeemed for cash where required by applicable law.
By accepting 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 without limitation at any time the Winner’s full name, Entry (including any copy or photographs relating thereto and any image or likeness of Entrant as embodied therein) and/or publicly available biographical information, for advertising, trade and promotional purposes without further payment or additional consideration, and without Winner’s review or approval, or notification to Winner. (Nothing obligates Sponsor to use such rights and, by refraining from doing so, Sponsor will not incur any liability to Winner under any legal theory.)
By entering the Promotion, an Entrant represents and warrants to Sponsor that (i) the photograph in the Entry is a photograph taken by the Entrant and that the Entrant possesses all rights in the photograph necessary to grant Sponsor and its agents, vendors, or contractors, or representatives permission to use the photograph pursuant to Sections 7 and 12 herein; and (ii) no identifiable individual is shown in the Entry other than Entrant, and that Entrant possesses all rights in Entrant’s right of publicity necessary to grant Sponsor and its agents, vendors, contractors, or representatives permission to use Entrant’s image and likeness pursuant to Sections 7 and 12 herein.
By participating in the Promotion, you release and agree to indemnify and hold the Released Parties harmless from any claims, damages or losses of any kind (including without limitation, direct, indirect, incidental, consequential, or punitive damages), including but not limited to claims, damages, or losses based on defamation, libel, false light, copyright infringement, or rights of publicity, arising out of your Entry in this Promotion or the acceptance, possession, use, or misuse, or any harm resulting from the acceptance, possession, use, or misuse of the Prize.
#14 DISPUTE RESOLUTION; GOVERNING LAW; WAIVER OF TRIAL BY JURY: By entering the Promotion, Entrants agree that (a) any action at law or in equity arising out of or relating to the Promotion, 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 Promotion, or the award of the prize, 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 Promotion 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 prize 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 Winner, please send a self-addressed, stamped business size envelope, within thirty (30) days after the end of the Promotion Period, indicating the Promotion and Promotion Period, to: “Bazooka Candy Brands Ring Pop 45th Birthday Contest WINNER LIST”, The Bazooka Companies, Inc., 1 Whitehall Street, New York, NY 10004. Winner’s list will be available after July 1, 2022.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Visa.
©2022 The Bazooka Companies, Inc. All rights reserved.