Terms and Conditions
OFFICIAL CONTEST RULES
Skinny Mixes’ Official Contest Rules and Legal Disclaimer
Each participant (“you” or “Participant”) who enters into 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.
The Contest is open solely to legal United States residents who are (i) 18 years of age or older at the time of entry, (ii) reside in the fifty (50) United States or Washington D.C. (excluding Puerto Rico and all U.S. territories) and (iii) have a TikTok account prior to the beginning of the Contest Period (as defined below). 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.
- Contest Period: May 1, 2023 - May 31, 2023
The Contest begins on [*] at [AM/PM] [EST] and ends on [*] at [AM/PM] [EST] (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.
- How to Enter
To enter the Contest, you must
- Follow @SkinnyMixes on TikTok. You may unfollow @SkinnyMixes at any time; however, in order to be eligible for the Contest, you must be following @Skinny Mixes at the end of the Contest Period.
- Post a TikTok video showing your favorite flavored water combinations using Skinny Mixes’ syrups. Your video must be under 60 seconds in length and must include the hashtag #WaterTokChallenge in the caption.
(Numbers 1-2 collectively, the “Required Actions”)
- 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.
- Prize; Selecting and Notifying Prize Winner
There will be one potential Contest winner regardless of the eligible entries received; the odds of winning the Contest depend on the number of eligible entries received. The potential Contest winner will be selected by a panel of judges based on the following judging criteria:
- Overall creativity
- Overall engagement with the Contest submission (including cumulative number of likes, comments, shares, and saves)
Skinny Mixes will contact the potential winner via TikTok direct message within two (2) weeks of Skinny Mixes’ initial Contest post to confirm that he or she has won the Contest and is entitled to the prize, which is a $500 Skinny Mixes’ gift card (the “Prize”). 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, 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 e-mail address/account, the authorized subscriber of the account in question at the time of entry will be deemed the proper entrant. The winner of the Contest may be required to show picture identification to claim the Prize. Any potential winner will forfeit the Prize if he or she: (1) fails to respond within forty-eight (48) hours to any of Skinny Mixes’ requests for information or signatures with respect to the Contest or the Prize; (2) rejects the Prize (or it is returned undeliverable through no fault of Skinny Mixes); or (3) is disqualified from the Contest for any reason. In the event of any forfeiture hereunder, an alternate winner will be selected by Skinny Mixes. The 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 the Prize may differ from the actual/appraised value at the time the Prize is awarded to the selected winner. All Participants agree that information provided by Skinny Mixes is not tax or legal advice and each Participant is advised to consult a professional.
THE PRIZE IS 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.
THE SELECTED WINNER MUST PROVIDE ALL TRUE, COMPLETE AND ACCURATE INFORMATION REQUESTED BY SKINNY MIXES TO FACILITATE THE DELIVERY OF THE PRIZE TO THE WINNER AND BEARS ALL RESPONSIBILITY IN CONNECTION THEREWITH. IF A SELECTED WINNER DOES NOT PROMPTLY PROVIDE SUFFICIENT INFORMATION TO ENABLE SKINNY MIXES TO DELIVER THE PRIZE TO THE APPLICABLE WINNER OR SUCH WINNER IS OTHERWISE INELIGIBLE, SUCH SELECTED WINNER WILL NOT BE ELIGIBLE TO WIN AND SKINNY MIXES MAY SELECT AN ALTERNATE SELECTED WINNER (AND THUS AN ALTERNATE WINNER).
Subject to applicable law, the Participant, as a condition to entering into the Contest, consents to allow Skinny Mixes and its affiliates to use his or her name, voice, likeness, opinions, and biographical information (for example, by reposting the Participant’s winning TikTok post) 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 Participant 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.
Subject to applicable law, the Participant, as a condition to entering into the Contest and potentially receiving the Prize, agrees to release, discharge, and hold harmless TikTok, 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 his or her participation in the Contest or use of the Prize (or related activity such as a press release), and/or Skinny Mixes’ right to exploit Participant’s name and/or likeness or fully exploit any other right granted to it hereunder, and/or from 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).
- 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, 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.
- Use of Collected Materials and Information
- 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.