NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Search for Laffy Taffy®’s Chief Laugh Officer (the “Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Ferrara Candy Company d/b/a Nestle Confections and its promotional agencies involved in the execution of this Contest, Ferrara Candy Company, Ferrero U.S.A., Inc., Nestlé USA, Inc., HelloWorld, Inc., and any of their parent and affiliate companies (herein “Promotional Parties”), as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
2. Sponsor: Ferrara Candy Company d/b/a Nestle Confections, 800 N Brand Blvd, Glendale, CA 91203. Administrator: HelloWorld, Inc., 3000 Town Center, Floor 21, Southfield, MI 48075.
3. Agreement to Official Rules: Participation in this Contest 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 this Contest. Winning a prize is contingent upon fulfilling all requirements, including consent to a confidential background check to confirm each potential winner’s eligibility and compliance with these Official Rules. Due to the nature of the prize offered, if a background check reveals that a potential winner has engaged in conduct that could damage the reputation of Sponsor or any of the Released Parties, as determined by Sponsor in its discretion, the potential winner may be disqualified.
4. Timing: The Contest begins on May 11, 2018 at 12:00 a.m. Eastern Time ("ET") and ends on May 31, 2018at 11:59 p.m. ET (the "Contest Period") Sponsor's computer is the official time-keeping device for the Contest.
5. How to Enter: During the Contest Period, visit www.laffytaffycandy.com (“Promotional Site”) and follow the links and instructions to complete and submit the registration form, including your name, valid email address and valid home address, and phone number. You will also be required to create the following for submission through the Promotional Site:
(a) three (3) original jokes that relate to Laffy Taffy. Each joke must be in the form of a “question” and an “answer;” and
(b) one original video (up to 1 minute, 30 seconds in length) demonstrating your ability to perform stand-up comedy. There is no requirement that the video includes any content that refers to or provides a positive endorsement of Laffy Taffy or any of Sponsor’s products.
Then, follow the directions to upload your video and your original Joke. Your video and Joke will here in be referred to as your “Submission.” Your Submission must conform to the guidelines, permissions, and content restrictions below and Sponsor, in its sole discretion, may disqualify you if it believes that it fails to conform.
Permissions: Entrant must have permission from any recognizable individuals who appear in the Submission to use their names and likenesses in the Submission and to grant the rights set forth herein. Minors may only be included in the Submission if entrant is their parent or legal guardian. If requested, entrant must be able to provide such permissions or proof in a form acceptable to Sponsor.
Limit: Each entrant may upload up to two (2) Submissions during the Contest Period. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder. Released Parties (as defined in Section 10, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed, or misdirected Submissions; all of which will be void.
6. Sponsor's Use of Submissions: Uploading 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.
7. Finalist and Winner Determination:
Finalists will be determined according to the process set forth below.
a. Voting: Entrants' Submissions will be posted in an online gallery for public voting at www.laffytaffycandy.com. Persons who meet the eligibility criteria as set forth in Section 1 will be permitted to vote for the Submission they believe has the most public appeal. Limit: Each person may vote one (1) time per day during the Contest Period. Multiple votes received from any person or email address in excess of the stated number will be void. Any attempt by any entrant or voter to obtain votes by any fraudulent or inappropriate means, including without limitation, offering prizes or other inducements to members of the public as determined by Sponsor in its sole discretion, by using any automated program, by using multiple/different email addresses, identities, registrations and logins, or any other methods, will void those votes for the entrant's Submission and entrant may be disqualified as determined by Sponsor in its sole discretion. The public vote tallies will be used to determine the score for the Public Appeal criterion (included in the Judging Criteria described below) for each entrant's Submission. Entrants who receive a higher number of votes will receive a higher Public Appeal score. Sponsor reserves the right to revise voting tallies or not consider the score generated for the Public Appeal criterion for purposes of determining the winners should the voting appear to have been tampered with or manipulated in any way
b. Judging: After the Contest Period, a panel of qualified judges determined by Sponsor in its sole discretion will select the three (3) entrants with the highest-scoring Submissions (the "Finalists") from among all eligible Submissions based on the following criteria (“Judging Criteria”):
In the event of a tie, the entrant whose Submission received the highest score for “Humor of the Submission”, as determined by the qualified judges, in their sole discretion, will be deemed the applicable Finalist from among the tied entrants. Sponsor reserves the right to select fewer than three (3) Finalists, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. Sponsor will not disclose judging scores. Each Finalist will be the potential winner of the Finalist Prize and will have the opportunity to compete for the Grand Prize by performing at the Laugh Factory on June 26, 2018. All details of the performance requirements (including but not limited to content requirements and restrictions, length of performance, and judging processes will be provided to each Finalist upon confirmation).
Grand Prize winner determination: A panel of qualified judges will select the Grand Prize winner based on its score of each Finalist’s performance at the Laugh Factory. The scoring of the performance will be based on the following criteria (equally weighed): quality of material, originality of material, stage presence and their comfort level on stage. If the Laugh Factory “Open Mic Night” is cancelled for any reason, the Grand Prize will be offered to the Finalist whose initial Submissions received the highest score as described above.
8. Winner Requirements: Potential Finalist Winners will be notified by email and/or phone on or around June 5, 2018. Each potential winner (parent/legal guardian if a minor in his/her state of residence) will be required to sign and return a Declaration of Compliance, Liability Waiver and, where not prohibited, a Publicity Release ("Declaration"), including consent to agree to a confidential background check, which must be received by Administrator within two (2) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted, fails to sign and return the Declaration within the required time period, or does not comply with these Official Rules potential winner forfeits the prize. If the background check reveals that a potential winner has engaged in conduct that could damage the reputation of Sponsor or any of the Released Parties, as determined by Sponsor in its discretion, Sponsor may disqualify potential winner. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion. Up to three (3) alternate winners may be determined, after which the applicable prize will remain un-awarded.
9. Prizes: ONE (1) GRAND PRIZE: $10,000 check and the opportunity to enter into a contract with Sponsor to create jokes for Laffy Taffy wrappers. All details regarding the contract will be determined by Sponsor.
THREE (3) FINALIST PRIZES: A trip to Los Angeles, CA to perform at “Open Mic Night” at the Laugh Factory on June 26, 2018 (“Final Contest Event”) to compete for the Grand Prize. Each winner’s performance at Open Mike Night will be filmed by Sponsor (“Prize Footage”). Finalist may be required to sign additional publicity releases prior to performing. Trip package includes round trip, coach-class air transportation June 24 – 27, 2018 for two (2) from a major airport near winner’s home (determined by Sponsor in its sole discretion) to Los Angeles, CA; three (3) nights' accommodations at a hotel determined by Sponsor in its sole discretion (single room, double occupancy); ground transportation to and from destination airport and hotel and hotel and the Laugh Factory; $750 spending money (fulfilled as a gift card), and a check for $500 that may be used to assist with the tax liability. Winner must travel on the dates determined by Sponsor or prize will be forfeited. Winners are obligated to work with Sponsor’s travel agent to book trip immediately upon winner confirmation. Travel and accommodations are subject to availability. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in this Sweepstakes/Contest, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Travel companion must be eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. If winner is a minor in his/her state of residence, travel companion must be winner’s parent/legal guardian. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to winner’s proximity to prize location, ground transportation or a gift card will be substituted for round trip air travel at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Approximate Retail Value: $3,000. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value.
Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Limit: One (1) Finalist prize and one Grand Prize per person. Grand Prize will be fulfilled 8 – 10 weeks after the June 26, 2018 Final Contest Event.
10. Release: By receipt of any prize, each winner agrees to release and hold harmless Promotional Parties and their respective parent companies, 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, including any related travel.
11. Publicity: Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, Submission, and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
12. 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. If terminated, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission 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 and void all associated Submissions. 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 and other remedies (including attorneys’ fees) 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.
13. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other 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 Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions, the announcement of the prizes or in any Contest-related materials; (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 (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submission.
14. Disputes: Except where prohibited, each 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, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) 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 (3) 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 Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
16. Winner List: For a winner list, visit http://bit.ly/2G2kBSg. The winner list will be posted after winner confirmation is complete.
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