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OFFICIAL CONTEST RULES

OFFICIAL CONTEST RULES

Skinny Mixes’ Official Contest Rules and Legal Disclaimer

Introduction

Each participant (“you” or “Participant”) who enters the New Skinny Mixes, LLC (“Skinny Mixes”)-sponsored contest (the “Contest”), agrees to abide by these Official Contest Rules and Legal Disclaimer (the “Official Contest Rules”).  This Contest shall be administered by Skinny Mixes, whose decisions shall be final and binding in all respects.

NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE OF SKINNY MIXES’ PRODUCTS DOES NOT ENHANCE CHANCES OF WINNING.

  1. Eligibility

The Contest is open solely to legal United States residents who (i) are 18 years of age or older at the time of entry and (ii) reside in the fifty (50) United States or Washington D.C. (excluding Puerto Rico and all U.S. territories). Entries are limited to individuals; business entities or other commercial organizations are not eligible to participate in the Contest.  Employees, officers, directors, or agents of Skinny Mixes, their (i) partners, related companies, agencies, or agents, (ii) immediate family (defined as spouse, parents, siblings, children, and grandparents), and (iii) household members are not eligible to participate. All applicable federal, state, and local laws and regulations apply. CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

  1. Contest Period

The Contest begins on [Monday, July 1, 2024] at [5 p.m.]ET and ends on [Friday, July 12, 2024] at [5 p.m.]ET (the “Contest Period”). Entries that are submitted before or after the Contest Period will be disqualified.  Submissions will be accepted for the duration of the Contest Period using the method outlined in the “How to Enter” section.

  1. How to Enter

To enter the Contest, you must submit your legal name, e-mail address, and flavor idea on the landing page located on Skinny Mixes’ website (the “Landing Page”): [https://www.skinnymixes.com/pages/fan-flavor-contest] (collectively, the “Required Action”).

Completing the Required Action will grant you one (1) entry into the Contest.  Skinny Mixes will not consider incorrect, fraudulent, incomplete, late, or otherwise non-conforming entries or entries that are intended to annoy, abuse, threaten, or harass any person or entity in any way. Entries generated by macro, script, or other automated means are void. Any entrant using fraudulent means to participate in the Contest will be disqualified and may be guilty of violating applicable criminal laws. Notwithstanding the foregoing, eligibility is at the exclusive discretion of Skinny Mixes, and Skinny Mixes shall be entitled to reject any entrant for any reason or no reason at all without having to provide an explanation. Skinny Mixes reserves the right, in its sole discretion, to cancel, suspend, or terminate the Contest for any reason and without prior notice to any Participant. By taking the Required Action, Participant affirms that they have read, understand and agree with these Official Contest Rules and further accepts the decisions of Skinny Mixes, which are final and binding. Participants understand that they are entering into the Contest at their sole risk.  Further, Skinny Mixes is not responsible for any claims arising from Participant’s entry in the Contest, including without limitation, intellectual property infringement. Proof of taking the Required Action is not considered proof of delivery to or receipt by Skinny Mixes of such entry. The Contest is in no way sponsored, endorsed or administered by, or associated with, TikTok, Instagram or Facebook. ANY VIOLATION OF THESE OFFICIAL CONTEST RULES, THE TERMS OF SERVICE OR TIKTOK, INSTAGRAM, OR FACEBOOK’S TERMS OF USE BY ANY PARTICIPANT WILL RESULT IN DISQUALIFICATION, AND ALL PRIVILEGES (INCLUDING THOSE AS WINNER, IF APPLICABLE) WILL BE IMMEDIATELY TERMINATED.

  1. Provision of Materials and Information/Intellectual Property

By entering into the Contest, Participant represents and warrants as follows: (1) that it fully owns or has properly licensed whatever materials or information it submits hereunder in connection with the Contest and can make such submissions without violating any: applicable law, agreement with any third-party, and/or third-party right of any kind (including without limitation any intellectual property, data protection, privacy, or publicity right); and (2) that any and all materials or information provided by it hereunder shall be true and correct in all respects.

  1. Prizes; Selecting and Notifying Prize Winners

At the end of the Contest Period, members of Skinny Mixes’ Social Team will choose five (5) flavor combinations from the flavor combinations submitted on the Landing Page (each a “Flavor Combination”) based on the overall popularity of such Flavor Combination, Skinny Mixes’ ability to create such Flavor Combination, and the marketability of such Flavor Combination. Skinny Mixes will then ask the public to vote for their favorite Flavor Combination via a landing page on Skinny Mixes’ website which shall remain open for public voting for seven (7) days after it goes live (the “Voting Period”). At the end of the Voting Period, Skinny Mixes shall announce the winning Flavor Combination. The odds of winning the Contest depend on the number of eligible entries received during the Contest Period.

Skinny Mixes will contact the Participants that submitted the winning Flavor Combination via the e-mail they provided on the Landing Page to confirm that they are eligible for the Prize (as defined below). Each potential Contest winner shall receive a twenty-five ($25) dollar Skinny Mixes gift card (the “Prize”). The specifics of the Prize are determined solely by Skinny Mixes. The Prize may be substituted in Skinny Mixes’ sole discretion due to availability or for any other reason. Skinny Mixes is not responsible for digital communications that are undeliverable as a result of any filtering of any kind, insufficient space in a Participant’s account, a spelling error in the Participant’s Landing Page submission, or any other failure beyond its reasonable control. In the event of a dispute with respect to entries received from more than one user having the same name and e-mail address, the authorized subscriber of the account in question at the time of entry will be deemed the proper entrant. Any winners of the Contest may be required to show picture identification to claim a Prize. Any potential winner will forfeit their Prize if they: (1) fail to respond within twenty-four (24) hours to any of Skinny Mixes’ requests for information or signatures with respect to the Contest or a Prize; (2) reject a Prize (or it is returned undeliverable through no fault of Skinny Mixes); or (3) is disqualified from the Contest for any reason. Each Prize winner is solely responsible for all applicable: (1) federal, state, and local taxes and the reporting consequences thereof; and (2) out-of-pocket expenses/any other fees or costs, associated with Prize acceptance and use. The actual/appraised value of a Prize may differ from the actual/appraised value at the time a Prize is awarded to each of the selected winners. All Participants agree that information provided by Skinny Mixes is not tax or legal advice and each Participant is advised to consult a professional.

ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SKINNY MIXES HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

EACH OF THE SELECTED CONTEST WINNERS MUST PROVIDE ALL TRUE, COMPLETE AND ACCURATE INFORMATION REQUESTED BY SKINNY MIXES TO FACILITATE THE DELIVERY OF A PRIZE TO SUCH WINNER AND BEAR ALL RESPONSIBILITY IN CONNECTION THEREWITH. IF A SELECTED WINNER DOES NOT PROMPTLY PROVIDE SUFFICIENT INFORMATION TO ENABLE SKINNY MIXES TO DELIVER A PRIZE TO THE APPLICABLE WINNER OR SUCH WINNER IS OTHERWISE INELIGIBLE, SUCH SELECTED WINNER WILL NOT BE ELIGIBLE TO WIN THE CONTEST.

  1. Intellectual Property Rights; Likeness

As a condition to entering the Contest and potentially receiving a Prize, you acknowledge and agree that the flavor combination idea you submit to Skinny Mixes on the Landing Page (the “Contest IP”), shall, upon submission become and thereafter remain the exclusive property of Skinny Mixes. For the avoidance of doubt, you hereby grant to Skinny Mixes and our affiliates, and each of our respective direct and indirect licensees, successors, and assigns, an exclusive, perpetual, irrevocable, freely transferable and sublicensable, fully paid-up and royalty-free right and license to adapt, modify, create derivative works of, or otherwise use, the Contest IP, including all copyrights and other intellectual property rights therein and all renewals and extensions thereof, in all formats and media, whether now known and existing or hereafter discovered or developed, throughout the universe, for all or any purposes whatsoever, including without limitation incorporating the Contest IP into Skinny Mixes’ products, services, or marketing materials, without additional review, compensation, or approval from you or any other person/entity. Submission of a flavor combination idea is considered public disclosure of the idea. Further, subject to applicable law, you, as a condition to entering into the Contest and potentially receiving a Prize, consent to allow Skinny Mixes and its affiliates to use your Contest entry, including information you provide to Skinny Mixes and any other information about you that is publicly available, for marketing, advertising, and publicity purposes in any media throughout the world at any time without the obligation to seek any further consent or to provide you with any payment or other form of consideration. Participant agrees to execute any document reasonably required by Skinny Mixes to effectuate the terms hereof and failure to do so shall give rise to Skinny Mixes’ right to execute any and all such documents as Participant’s attorney-in-fact, which right shall be coupled with an interest and therefore, irrevocable.

  1. Release

Subject to applicable law, the Participant, as a condition to entering into the Contest and potentially receiving a Prize, agrees to release, discharge, and hold harmless TikTok, Instagram, Facebook, Skinny Mixes, and each of their employees, officers, directors, affiliates, partners, agents and assigns, from and against any claim, cause of action, demand, or proceeding (each, a “Claim”) and any resultant loss, injury (including death), cost, expense, fee, fine, penalty, or other loss or expense of any kind, including attorneys’ fees (each, a “Loss”) relating to or arising directly or indirectly out of (a) his or her participation in the Contest, including, without limitation, Skinny Mixes’ use, development, sale, or exploitation of the flavor combination you submitted as an entry in the Contest or any products utilizing or derived from such flavor combination, (b) Skinny Mixes’ right to exploit Participant’s name and/or likeness or fully exploit any other right granted to it hereunder, or (c) Participant’s receipt, use, or misuse of any Prize, no matter how such Claim or Loss arises (including without limitation, if arising out of any damage to a Participant’s computer system from downloading or using material from Skinny Mixes’ (or an affiliate of Skinny Mixes’) website). 

  1. Limitation of Liability

IN NO EVENT WILL SKINNY MIXES, AND/OR SKINNY MIXES’ LICENSEES, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, ASSIGNS, AFFILIATES, OR RELATED COMPANIES (COLLECTIVELY WITH SKINNY MIXES, THE “SKINNY MIXES PARTIES”), BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF ANY PARTICIPANT’S PARTICIPATION IN THE CONTEST, INCLUDING SKINNY MIXES’ DEVELOPMENT OR SALE OF A SKINNY MIXES’ PRODUCT WHICH IS BASED UPON OR OTHERWISE SIMILAR TO THE FLAVOR COMBINATION YOU SUBMITTED UNDER THE CONTEST, THESE OFFICIAL CONTEST RULES, AND/OR ANY PARTICIPANT’S RECEIPT OF A PRIZE, NO MATTER UNDER WHAT THEORY ARISING, EVEN IF ANY SKINNY MIXES PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SKINNY MIXES PARTIES’ ENTIRE LIABILITY WITH RESPECT TO: ANY PARTICIPANT’S PARTICIPATION IN THE CONTEST, THESE OFFICIAL CONTEST RULES, AND/OR ANY PARTICIPANT’S RECEIPT OF A PRIZE SHALL BE LIMITED TO $500. SOME JURISDICTIONS MAY NOT ALLOW THE AFOREMENTIONED LIMITATIONS OR EXCLUSIONS OF LIABILITY AND AS SUCH, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

  1. Privacy Policy

Skinny Mixes will be collecting, storing, and using personal data about Participants to administer the Contest and exercise its rights hereunder, including without limitation, those relating to marketing and publicity. By entering into Skinny Mixes’ Contest, Participants agree to Skinny Mixes’ collection and use of their personal information. For more information on Skinny Mixes’ handling of personal information, see Skinny Mixes’ Privacy Policy, a copy of which can be found at the following link: https://privacy.skinnymixes.com/privacy-policy.

  1. Dispute Resolution

Participant and Skinny Mixes mutually agree that any controversy or claim arising out of or relating to the Contest shall be settled by arbitration by the use of a private arbitrator chosen in Skinny Mixes’ sole discretion. The sole and exclusive location for arbitration of any controversy or claim arising out of or relating to this Agreement shall take place in Florida. The arbitrator shall award reasonable costs and attorney fees to the prevailing party.  Participant and Skinny Mixes further mutually agree as follows: (1) that all disputes, causes of action, and claims connected to or arising in any way hereunder between the parties shall be resolved solely on an individual basis (i.e., class actions suits are hereby waived by the parties); (2) that the laws of the State of Delaware shall govern, without regard to its conflict of laws principles; and (3) that the parties hereto waive any right to a trial by jury.