Rules
#BombPopAwards Challenge Contest Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. MESSAGE AND DATA RATES MAY APPLY. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH TIKTOK
1. Eligibility: The #BombPopAwards Challenge Contest (the “Contest”) is open to legal residents of the fifty (50) United States and the District of Columbia who are at least thirteen (13) years old at the time of entry. Minors must obtain consent from their parent or legal guardian to enter the Contest, and if a minor is a potential winner, their prize shall be awarded to their parent or legal guardian and their parent or legal guardian will need to co-sign the “Prize Claim Documents” (defined below). Employees, officers, directors, or agents of Wells Enterprises, Inc. (Sponsor), Deloitte Consulting LLP, and their respective parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members (whether or not related) of each such employee, officer, director, or agent are not eligible to enter or win the Contest. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Wells Enterprises, Inc, 351 W Hubbard St. Chicago, IL 60654 Administrator: Deloitte Consulting LLP, 330 Hudson St New York, New York 10013
3. Contest Period: The Contest begins on June 22, 2021, at 12:01:00 a.m. Eastern Time ("ET") and ends on June 25, 2021, at 4:59:59 p.m. ET (the "Contest Period"). Eligibility for daily prizes (“Daily Prizes”) will apply to submissions received by June 24, 2021, at 4:59:59 p.m. ET. Eligibility for the grand prize (“Grand Prize”) will apply to submissions received through the full Contest Period. The judging phase (“Judging Phase”) for Daily Prizes and Grand Prize will coincide with eligibility periods for Daily Prizes and Grand Prize, respectively. The Sponsor's clock shall be the official device for both the Entry and/or Submission and the Contest. ENTRANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTION.
4. How To Enter: To enter you will need to have a TikTok account (a “Social Account”). Creating a Social Account is free, but is subject to the applicable terms and conditions located at: https://www.tiktok.com/legal/terms-of-use?lang=en Posting on TikTok requires a mobile device and therefore message and data rates may apply. If entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Your account settings on the Social Account you use to enter must be set to "unprotected" and/or "public" in order for your Posts or comments to Sponsor's posts to be viewable by Sponsor. Posts or comments to Sponsor’s posts that are not unprotected, or public will not qualify as entries. During the Contest Period, there is one (1) way to enter, as outlined below: a. Via TikTok: Post to TikTok a video representing your Bomb Pop Award submission using the hashtags #BombPopAwards and #Entry, “at mention” @BombPopOfficial, using the official challenge track "Pop Bomb” to receive one (1) entry into the Grand Prize entry period and (if you enter on June 22, June 23, or June 24- one (1) entry into the corresponding Daily Prize entry period). Entries that do not include the required hashtags, “at mention” the correct account, use the official challenge track or otherwise do not comply with these Official Rules shall be invalid. Your TikTok post and all of its included content will hereafter be referred to as your “Submission”. Your Submission must be your original work. Your Submission need not include any reference, positive or negative, to Sponsor’s products or services. Your Submission must comply with the Official Rules and the following Submission Guidelines, Permissions, and Restrictions. Any Submission that, in Sponsor’s sole and absolute discretion, violates these Rules or the following Submission Guidelines, Permissions and/or Restrictions may be disqualified. Guidelines:
- The Submission must meet the format and size requirements of the social platform used to enter; and
- The Submission may include audio and the song “Pop Bomb”. Other audio may be used but must not violate any of the Content Restrictions below, including any other music created by a third party that does not allow for or is not licensed for such use.
- The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- The Submission must not contain content created by a third party, such as images, music or artwork;
- The Submission must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use in his/her Submission in this Contest;
- The Submission must not disparage Sponsor, Administrator, or any other person or party;
- Submission must not promote alcohol, illegal drugs, tobacco, or firearms/weapons or promotion any political agenda;
- The Submission must not contain material that is inappropriate, offensive, indecent, obscene, tortious, defamatory, slanderous or libelous;
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and
- The Submission must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any state where Submission is created.
5. Sponsor’s Use of Submissions: Posting a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions 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. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. By participating in the Contest, each participant agrees, if they are chosen as a winner, that: i. Their winning video entry must be set to downloadable. ii. Sponsor may re-post their winning video entry with a graphic overlay on the official Bomb Pop TikTok account page and/or the Bomb Pop Awards Hashtag Challenge page. iii. Sponsor may tag winner using winner’s TikTok @ handle in a post about winner’s video entry.
6. Drawings: During the Contest Period, a judge or group of judges selected by the Sponsor (in either case, the “Judging Panel”) will review the Submissions during the Judging Period that have been received and select up to ten individual and unique (10) potential prize winners based on the following criteria (each of subjective weighting): i. Subjective creativity of the submitted user challenge video ii. Subjective originality of the submitted user challenge video iii. Judgement among other TikTok users, as characterized by the quantity and/or nature of likes, comments, and/or shares iv. Compliance with age restriction (13 years of age or older) The potential winners will be subject to verification and compliance with these Official Rules. In the unlikely event of an apparent subjective tie, the Judging Panel reserves the right to use further subjective judgment to declare a winner. The potential winners will be notified by a comment posted on the Entry by a member of the Judging Panel and by direct message using the social media account information used by the entrant to enter the Contest. The Contest Entities shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If any potential winner does not respond within the time required by Sponsor, or if the winner notification is returned as unclaimed or undeliverable to any potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason, such potential winner will be disqualified, and the prize may be awarded to an alternate winner. Sponsor may successively attempt to contact up to three (3) potential winner(s) of an applicable prize in accordance with such procedure, and if there is still no confirmed winner(s) of such applicable prize after such attempts have been made, if any, such prize may go unawarded.
7. Prizes: One verified (1) grand prize winner will receive the Grand Prize of $15,000 in the form of a pre-paid gift card as well as a physical trophy. Nine (9) Daily Prizes (3 per daily entry period) will each be awarded a prize of $1,000 in the form of a pre-paid gift card as well as a physical trophy. Prizes may not be assigned, transferred, changed, or exchanged. No substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value. Winners are solely responsible for all taxes and fees associated with prize receipt and/or use. Limit: One (1) total Contest prize per person.
8. Release: By receipt of any prize, winners agree to release and hold harmless Sponsor and TikTok, and each of their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize or any item redeemed therewith.
9. Publicity Releases: Without in any way limiting the rights granted in the Submission, as set forth above, acceptance of a prize constitutes winner’s permission for the Contest Entities to use each winner’s Submission and his or her name, social media handle, photograph, likeness, voice, biographical information, statements and address (city and state) in and in connection with advertising, marketing, promotional, and/or publicity purposes for the Contest, Contest Entities, and all uses of the Submission permitted herein, worldwide and in all forms of media and by any and all means and media now known or hereafter developed, in perpetuity, without any obligation, notice, or further compensation to the winners.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest ; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, not received, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action litigation; (2) this Contest is governed by the laws of the United States and of the State of Iowa, without respect to conflict of law doctrines; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (4) under no circumstances will entrant be permitted to obtain awards for, and entrant 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Iowa without giving effect to any choice of law or conflict of law rules (whether of the State of Iowa or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Iowa.
13. General: Prize winners will be solely responsible for all applicable federal, state and local taxes on prizes. If applicable, winners will receive an IRS Form 1099 for the retail value of the prize. Sponsor reserves the right to substitute a prize of equal or greater value in the event a prize or any portion of a prize becomes unavailable. Any difference between stated approximate value of prize and actual value of prize will not be awarded. Any portion of a prize not accepted by winner will be forfeited. Upon forfeiture for any reason as stated in these Official Rules, no compensation will be given. All federal, state and local laws & regulations apply. Any personal information provided in connection with participation in the Contest will be used by Sponsor to notify a potential winner and/or fulfillment of a prize and shall be subject to the Wells Enterprises Inc. Privacy Policy available at https://wellsenterprisesinc.com/privacy-policy.
14. Conduct: By participating in this Contest, participants agree to be bound by these Official Rules and the decisions of the Sponsor that shall be final and binding in all respects. Failure to comply with these Official Rules may result in disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be tampering with the play process or the operation of the Contest; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ITS AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH PERSON OR PERSONS RESPONSBILE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
15. Limitation of Liability: Sponsor and Released Parties assume no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Contest; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Contest; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or land line phone service; or (f) any injury or damage to participants or to any other person's computer or mobile device which may be related to or resulting from any attempt to participate in the Contest or download of any materials in the Contest. If, for any reason, the Contest is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest in whole or in part. In such event, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor, such as by way of example and not by way of limitation, in a random drawing from among all eligible, non-suspect entries received up to the time of the impairment, and Sponsor shall not have any further liability to any participant in connection with the Contest. Sponsor may modify and amend these Official Rules as they may appear online from time to time during the Contest for clarification purposes without materially affecting the terms and conditions of the Contest. Sponsor makes no representations or warranties of any kind concerning the appearance, performance or safety of any prize awarded.
16. Winners List: For a list of winners, send a self-addressed, stamped envelope to Wells Enterprises, Inc., 351 W. Hubbard St., Chicago, IL 60654.
17. Sponsor: Wells Enterprises, Inc., 351 W. Hubbard St., Chicago, IL 60654. Bomb Pop is a registered trademark of Wells Enterprises, Inc. © 2021.