SOUR PATCH KIDS

Fruit Fight Gaming Tournament Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. 

R CHANCES OF WINNING. 

 

Contest Overview: This is an online gaming contest wherein entrants will audition via video entry for a chance to participate in a Fortnite video game (“Fortnite”) tournament. Up to seventy-two (72) entrants from a pool of five-hundred (500) randomly selected entries, or from the pool of all eligible entries received if fewer than five-hundred (500) entries are received (see Section 6 a., below), will be selected to participate in the contest based on the degree to which the content of their entries meet the objective judging criteria described in Section 6 b., below. There will be four (4) rounds of Tournament Play (each a “Round”). The seventy-two (72) selected entrants (“Contestants”) will participate in the First Round in randomly-determined teams of three (3) (on February 3) and individually (on February 10) in live Fortnite elimination tournament play (“Tournament Play”) via a livestream of their game play from their perspective, to be broadcast on Organizer’s (as defined in Section 2, below) YouTube channel, as outlined in Section 6 of these Official Rules. After the First Round, twenty-four (24) Contestants will be selected to continue based on their cumulative total scores as calculated by Fortnite and verified by Organizer. These twenty-four (24) Contestants will then be “drafted” by Organizer into eight (8) teams and will engage in a Second Round via a livestream of their game play from their perspective. The four (4) teams in the Second Round with the highest total scores as calculated by Fortnite and verified by Organizer (the “Finalists”) will advance to the Third Round, and the two (2) teams in the Third Round with the highest total scores as calculated by Fortnite and verified by Organizer will advance to the Final (Fourth) Round. The one (1) team in the Final Round of Tournament Play with the highest total score as calculated by Fortnite and verified by Organizer will be declared the Grand Prize-winning team. Both the Third Round and the Final Round will take place in person in Los Angeles, California and will also be broadcast on Organizer’s YouTube channel. If chosen as a Finalist, you must be prepared to travel to Los Angeles, California to participate in in-person tournament game play on February 28, 2023. Travel will be provided at Organizer’s expense, subject to the terms, conditions and limitations listed in Section 7 below. The winning team members (each a Grand Prize winner) will be requested to participate in an additional filmed Fortnite tournament after the Contest is complete, as well as participate in the creation of one (1) Sponsor’s social media posts, as directed by Sponsor and/or Organizer (collectively, “Post-Contest Content”).  Participation is optional.

 

  1. Eligibility: SOUR PATCH KIDS Fruit Fight Gaming Tournament (the “Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia (“D.C.”) who are at least the age of majority in the jurisdiction in which they reside at the time of entry. Employees, officers and directors of Mondelēz Global LLC, Enthusiast Gaming Live Inc., their respective parent, subsidiary and affiliate companies, and members of the immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are not eligible to participate in the Contest. The Contest is subject to all applicable federal, state, and local laws and regulations and is void outside the fifty (50) United States and D.C. and where prohibited. Due to the nature of the Contest, Finalists will be required to undergo a background check. If a background check reveals that a Finalist has engaged in conduct that could damage the reputation of Sponsor or any of the Released Parties (as defined in Section 8, below), as determined by Sponsor in its discretion, the Finalist may be disqualified

 

  1. Sponsor: Mondelēz Global LLC, 100 Deforest Avenue, East Hanover, NJ 07936. Contest Organizer (“Organizer”): Enthusiast Gaming Live Inc., 90 Eglinton Avenue East, Suite 805 Toronto, Ontario M4P 2Y3. 

 

  1. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to all terms and conditions set forth herein. Sponsor’s and Organizer’s decisions are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. 

 

  1. Timing: The Contest begins on January 3, 2023 at approximately 12:00 a.m. Eastern Time (“ET”) and ends on February 28, 2023 at approximately 10:00 p.m. ET (the “Contest Period”) and includes an online “Submission” phase and then four rounds of Tournament Play (each, a “Round”) as set forth in the chart below: 

 

Contest Phase

Time Period

Submission Phase

January 3, 2023 at 12:00 a.m. ET to January 24, 2023 at 11:59 p.m. ET

Contestant Selection Phase and Notification of Potential Contestants

Potential Contestants (as defined in Section 6 b., below) will be selected and notified on or before January 27, 2023 (see Section 6 b., below, for description of selection process). Potential Contestants must respond within 48 hours of the time of notification.

First Round Tournament Play 

February 3, 2023 and February 10, 2023 from 7:00 p.m. ET to approximately 10:00 p.m. ET each day, via a livestream of game play from their perspective

Second Round Tournament Play

February 21, 2023 at 7:00 p.m. ET via a livestream of game play from their perspective

Finalist/Winner Notification and Submission of Prize Claim Documents

February 22, 2023. Finalist/Winners must respond within 24 hours of the time of notification 

Third and Final Rounds of Tournament Play 

February 28, 2023 at 7:00 p.m. ET in Los Angeles, CA

 

Organizer will provide all details about how to participate in each Round of Tournament Play to the entrants who are selected to participate. Organizer’s servers are the official time-keeping device for the Contest.

 

  1. How to Enter: During the Submission Period, visit www.sourpatchkids.gg/fruitfight (the “Registration Site”) and follow the instructions to complete the registration form, including your first name, last name, email address and complete the checkboxes that indicate you are at least the age of majority in your jurisdiction of residence (see Section 1 above) at the time of entry, are a resident of one of the fifty (50) United States or D.C. and agree to these Official Rules. You will be asked if you would like to opt-into marketing communications from Sponsor. Opting-in to Sponsor’s marketing communications is optional; choosing to opt-into marketing communications will not improve your chances of winning.

    You will also be asked to create and submit (as instructed below) a private video (that will not be visible on any social platform) that does not exceed one (1) minute thirty (30) seconds. The video must include: (a) an introduction by you lasting no longer than thirty (30) seconds wherein you explain why you should be selected to participate in this Contest; and (b) video footage, lasting no longer than one (1) minute, that includes (i) a screenshot that shows your competitive level on Fortnite and (ii) footage of you playing Fortnite highlighting the following: movement/agility, aim/accuracy/time to kill, and building/editing. You may not include others in your video. You may not use or show any third-party skins in your video. See Guidelines and Content Restrictions for your Contest Entry below for further requirements regarding the content of your video.

    Submitting your video. You must post your video on YouTube (must be unlisted*) during the Submission Period and submit a link to your unlisted YouTube video with your registration form. Use of YouTube is free, but subject to its Terms. *To make your YouTube video “unlisted” so that it is not viewable or searchable, sign in to YouTube Studio and then click on “content” to view all videos that you have uploaded. Then set the “visibility” of your video to “unlisted.”

    Your video must also comply with the Guidelines and Content Restrictions for your Contest Entry stated below. Your compliant video and completed registration information, collectively, will be deemed your “Contest Entry.” Failure to comply with any of the above requirements will result in the disqualification of you and your Contest Entry.

    Guidelines and Content Restrictions for your Contest Entry:  
  • The Contest Entry must meet the format and size requirements as stated on the Registration Site
  • The Contest Entry must be in English;
  • The Contest Entry must be your original work and only display yourself. Notwithstanding the foregoing, your Contest Entry may include the avatars of other players playing Fortnite;
  • The Contest Entry must be no longer than one (1) minute thirty (30) seconds (maximum thirty (30) seconds for introduction and maximum one (1) minute for video footage of Fortnite play, as described above in this Section 5);
  • The Contest Entry need not include any reference, positive or negative, to Sponsor’s products, including but not limited to Sour Patch Kids. Including such a reference or image in your post will not improve your chances of winning;
  • The Contest Entry must not make references to or include: alcohol, illegal drugs, marijuana, tobacco, or firearms/weapons not found in Fortnite, any activities that are or appear to be dangerous unless specifically related to Fortnite play, or any political agenda, as determined by Sponsor in its discretion;
  • The Contest Entry must not contain material that is inappropriate, offensive, indecent, obscene, sexually explicit, or include profanity, or content that is tortious, defamatory, slanderous or libelous, as determined by Sponsor in its discretion;
  • The Contest Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual, or promote discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age, as determined by Sponsor in its discretion; 
  • The Contest Entry must not disparage Sponsor, Organizer or any other person or entity; 
  • The Contest Entry must not contain material that is unlawful, in violation of, or contrary to the laws or regulations of any jurisdiction where the Contest Entry is created;
  • The Contest Entry must not contain any reference to or likeness of any identifiable third parties, living or deceased; and 
  • The Contest Entry must not contain any third-party skins.


    Limit: Each entrant may upload one (1) Contest Entry during the Contest Period. Once uploaded, you may not remove your Contest Entry or replace it. Contest Entries received from any person in excess of the stated limit will result in the voiding of all entries received from that person and disqualification of that person. Contest Entries generated by script, macro or other automated means are void. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than one (1) Contest Entry by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant will be disqualified. In the event of a dispute as to the identity of any entrant, the authorized account holder of the email address used to register on Contest Organizer’s website will be deemed to be the entrant. 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. The potential winner may be required to show proof of being the authorized account holder. Released Parties (as defined in Section 8, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed, non-compliant or misdirected Contest Entries, all of which will be void.  

 

  1. Winner Determination: Winners (Finalists and Grand Prize winners, as described in Section 7, below) will be determined through an entrant judging process and four (4) Rounds of Tournament Play as set forth below. 


    a. Potential Random Drawing in order to Determine Five-Hundred (500) Entries for Judging: After the conclusion of the Submission Period, if there are more than five-hundred (500) Contest Entries, Organizer will select five-hundred (500) Contest Entries in a random drawing from all Contest Entries received during the Submission Phase. Should Organizer receive less than five-hundred (500) Contest Entries, no random drawing will be held and all Contest Entries will be evaluated during the Contestant Selection Phase as outlined below.

    b. Contestant Selection Phase: A panel of qualified judges, determined by Organizer and Sponsor in their sole discretion, will select up to seventy-two (72) entrants with the highest-scoring Contest Entries (the “Contestants”) based on the following Judging Criteria:

 

  • Entrant’s video demonstrates skill in playing Fortnite (40%)
    • Elements of skill to be considered are: movement/agility, aim/accuracy/time to kill, building/editing and Entrant’s competitive level as displayed during play
  • Entrant demonstrates passion for Fortnite (30%)
  • Entrant demonstrates an engaging personality (30%)


    In the event of a tie, the entrant whose Contest Entry received the highest score for “Entrant demonstrates an engaging personality,” as determined by the qualified judges in their sole discretion, will be deemed the applicable Contestant from among the tied entrants. Sponsor reserves the right to select fewer than seventy-two (72) Contestants, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Contest Entries. Sponsor will not disclose judging scores.

    c. Notification of Potential Contestants & Verification Process: On or before January 27, 2023, potential Contestants will be notified by Organizer by email and will be required to provide their agreement to participate in Tournament Play via a livestream of game play from their perspective during Organizer’s livestreamed events on YouTube, taking place at approximately 7:00 p.m. ET on the following dates: February 3, 2023 and February 10, 2023. Each potential Contestant must also agree that, if selected to continue, they will participate in Tournament Play via a livestream of game play from their perspective in Organizer’s livestreamed event on YouTube on February 21, 2023 and, if further selected to continue, they will travel to Los Angeles, California, (at Organizer’s expense, terms and limitations of which are outlined in Section 7) to participate in live in-person Tournament Play (which will also be broadcast on Organizer’s YouTube channel) on February 28, 2023 in order to be considered for the prizes. All Grand Prize winners will be asked to participate in one (1) additional Fortnite tournament after the Contest is complete, as well as to participate in the creation of one (1) of Sponsor’s social media posts, as directed by Sponsor and/or Organizer. Participation is optional.

    Potential Contestants must also sign a publicity and liability release to participate. Organizer will be recording all Tournament Play (“Tournament Play Footage”). All Tournament Play Footage will be owned by Sponsor and Organizer as set forth in Section 9, below. Neither Sponsor nor Organizer has an obligation to use any Tournament Play Footage. Potential Contestants’ agreement to participate and publicity and liability release must be received by Organizer within forty-eight (48) hours of the date and time the notification is sent. If a potential Contestant cannot be contacted, fails to sign and return the publicity and liability release, fails to confirm they are available for all required Tournament Play or fails to provide any other requested information within the required time period, the potential Contestant forfeits the ability to continue participation in the Contest. Should any potential Contestant forfeit their ability to continue participating in the Contest, the entrant who received the next highest-scoring Contest Entry from the judges may be offered the opportunity to participate, time permitting, subject to the Verification Process outlined above. 


    d, All Tournament Play: In each Round of Tournament Play each Contestant or team will be given equal time to compete against all other Contestants or teams. At the end of each Round Fortnite will automatically generate a total score for each Contestant based upon kills and placement (“Total Score”). Where Contestants are grouped as a team, the team’s Total Score will serve as each Contestant’s individual score. Contestants and/or teams will advance to the next Round of Tournament Play based on their Total Scores as calculated by Fortnite and verified by Organizer as set forth below. In the event of a tie at any point during Tournament Play, the Contestant or team with the highest score for kills, as determined by Fortnite and verified by Organizer, will be deemed the winner of the applicable Round.

    Each potential winner of any Round is considered a potential winner pending verification of their Total Score and continued compliance with these Official Rules. A Contestant is not a winner of any Round, even if a Total Score should seem to so indicate, unless and until Contestant’s Total Score and continued compliance with these Official Rules has been verified by Organizer and Contestant has been notified they will continue to the next Round. Sponsor’s and Organizer’s decisions are final and binding in all matters related to the Contest.


    (i) First Round Tournament Play for the 72 Contestants: Organizer will present two (2) livestreaming Tournament Play events on YouTube on Friday February 3, 2023 and Friday February 10, 2023 both at approximately 7:00 p.m. ET in which each Contestant will compete via a livestream of game play from their perspective. For the Friday February 3, 2023 Tournament Play event, each Contestant will be randomly placed into a team of three (3) and all teams will compete against each other in Tournament Play. For the Friday February 10, 2023, Tournament Play event, each Contestant will compete as an individual. After the First Round is complete, the twenty-four (24) Contestants with the highest cumulative Total Scores will each be deemed a Semi-Finalist and advance to the Second Round, detailed below.

    (ii) Second Round Tournament Play for 24 Semi-Finalists/8 Teams: Four qualified judges, as determined by Organizer in its sole discretion, will each “draft” two (2) three-person teams (each a “Team”) from among the 24 Semi-Finalists, for a total of eight (8) Teams. Unless eliminated or otherwise disqualified, Semi-Finalists will compete in their Teams for the entirety of the rest of the Contest. Judges will draft players for their Teams using the “snake draft” format. Judges will make their draft choices based on Semi-Finalists’ performance during First Round using the following Judging Criteria:

 

  • Semi-Finalist demonstrates skill in playing Fortnite (40%)
    • Elements of skill to be considered are: movement/agility, aim/accuracy/time to kill building/editing and teamwork;
  • Semi-Finalist demonstrates passion for Fortnite (30%)
  • Semi-Finalist demonstrates an engaging personality (30%)

    Organizer will not disclose judging scores.

    On Tuesday February 21, 2023 at approximately 7:00 p.m. ET, each Team will compete via a livestream of game play from their perspective in the Second Round on Organizer’s YouTube channel. The four (4) Teams with the highest Total Scores will be deemed potential Finalists/Winners, subject to compliance with the requirements stated below, and advance to the Third Round, as detailed in Section (iv) below.


    (iii) Finalist/Winner Requirements in Order to Advance to Third and Final Rounds of Tournament Play in Los Angeles, California: All members of Teams advancing to the Third and Final Rounds (each a Finalist) will be required to sign and return “Prize Claim Documents,” including consent to a confidential background check, in order to continue participation in the Contest and claim the applicable prizes. The Prize Claim Documents will include an IRS FORM W-9. All Prize Claim Documents must be completed and received by Organizer within twenty-four (24) hours of the time notice or attempted notice is sent. Due to the nature of the Contest, if a background check reveals that a Finalist has engaged in conduct that could damage the reputation of or reflect unfavorably on Sponsor, Organizer or any of the Released Parties, as determined by Sponsor and Organizer in their sole discretion, the Finalist may be disqualified. If a Finalist cannot be contacted, fails to sign and return the Prize Claim Documents within the required time period, or their prize is returned as undeliverable, the Finalist forfeits the ability to continue in the Contest and/or the prize, as applicable. If a Finalist forfeits the ability to continue in the Contest or is disqualified for any reason, their place on a Team and any applicable prize may be awarded to the First Round Contestant with the next highest cumulative First Round Total Score, in Organizer’s sole discretion.


    (iv) Third and Final Rounds of Tournament Play and Grand Prize Winner Determination: On Tuesday, February 28, at approximately 7:00 p.m. ET/4:00 p.m. PT, all Finalists will compete in-person in the Third Round, and the top two (2) Teams will play in the Final Round. The Tournament will be located at WePlay Esports Media, 5425 Grosvenor Blvd, Los Angeles, California. Both the Third and Final Rounds will be livestreamed on Organizer’s YouTube channel. The Team with the highest Total Score after the Final Round will be deemed the Grand Prize winner (subject to verification).

 

  1. Prizes: TWELVE (12) TRAVEL PRIZES TO ATTEND LOS ANGELES, CALIFORNIA TOURNAMENT PLAY (one (1) awarded to each Finalist): Travel to include round trip, coach-class air transportation for each Finalist from a major airport near each Finalist’s home (determined by Organizer in its sole discretion) to Los Angeles, CA; two (2) nights’ accommodations at a hotel determined by Sponsor in its sole discretion (single room, single occupancy); and $150 in spending money for meals and incidentals, fulfilled by wire transfer or check.


    There exists an inherent risk of exposure to COVID-19 in any public place where people are present. COVID-19 is a contagious disease that can lead to severe illness and death. By traveling and attending event, Finalist voluntarily assumes all risks related to exposure to COVID-19. Finalist must travel on the dates determined by Sponsor in its sole discretion or the prize will be forfeited. Travel and accommodations are subject to availability. Travel must be round trip. Organizer 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 these Official Rules, 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 Travel Prize 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 Finalist. Finalist is solely responsible for obtaining valid documents necessary for travel. Travel restrictions, conditions and limitations may apply. Finalists are responsible for complying with any COVID-19 requirements set forth by airline and event venues or other vendors offering services that are part of the Travel Prize. Failure to comply with any required COVID-19 requirements may result in forfeiture of the prize or elements of the prize. Forfeiture of any aspect of the Travel Prize due to failure to meet these requirements will not impact the value of the trip as reported on an IRS Form 1099. If in the judgment of Sponsor air travel is not required due to Finalist’s proximity to Los Angeles, CA, ground transportation will be substituted for round trip air travel at Sponsor’s sole discretion; Finalist will not be compensated for the difference in value. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates.

    Approximate Retail Value (“ARV”) for each Travel Prize: $1,200. Actual value may vary based on airfare fluctuations and distance between departure and destination. Finalist will not receive difference between actual value and ARV, if any.

    THREE (3) GRAND PRIZES (one (1) awarded to each member of the Grand Prize-winning Team): One (1) Gaming Grand Prize Package; one (1) Game Ticket Prize Package to a National Football League (“NFL”) game during the 2023-24 season; one (1) case SOUR PATCH KIDS strawberry candy; one (1) case SOUR PATCH KIDS watermelon candy; one (1) case SOUR PATCH KIDS peach candy and one (1) case SOUR PATCH KIDS grape candy.

    Gaming Grand Prize Package consists of: one (1) custom-built gaming personal computer; two (2) gaming monitors; one (1) mechanical keyboard; one (1) gaming mouse; one (1) gaming headset; three (3) video games chosen from list provided by Organizer in its sole discretion; one (1) streaming webcam; one (1) stream deck; and one (1) $500 gift card for Fortnite in-game currency.

    Game Ticket Prize Package consists of: three (3) tickets to a game during the 2023-2024 NFL regular season and one (1) night’s accommodation at a hotel determined by Sponsor in its sole discretion (single room, triple occupancy). Game tickets will be fulfilled digitally. Winner will be given the opportunity to request specific regular season game(s), subject to availability, as determined by Organizer. Organizer’s decisions are final as to game dates and seating locations. NOTE: TRAVEL TO AND FROM THE GAME IS NOT INCLUDED. Accordingly, winner’s will be encouraged to select a regular season game within a reasonable driving distance from their home residence, unless the winner specifically requests otherwise. 

    Tax Gross Up Payment: Sponsor will also provide each Grand Prize winner a single cash payment in the form of a wire transfer or check, which is intended to assist the winner with any federal, state, or other tax obligations related to the Grand Prize (the “Tax Gross-Up Payment”). The Tax Gross-Up Payment will be $4,967. A Grand Prize winner’s actual tax liabilities related to the Grand Prize could exceed the Tax Gross-Up Payment. Grand Prize winners are solely responsible for all applicable federal, state, or other tax obligations related to the Grand Prize. Neither Sponsor nor Organizer will provide any further assistance toward any winner’s tax obligations.

    ARV of each Grand Prize plus Tax Gross Up Payment: $16,557.

    NINE (9) FIRST PRIZES (one (1) awarded to each Finalist who is not a Grand Prize winner): One (1) Gaming Prize Package; one (1) SOUR PATCH KIDS Prize Package and one (1) ticket to an NFL game during the 2023-24 regular season. Winner will be given the opportunity to request specific regular season game(s), subject to availability as determined by Organizer. Organizer’s decisions are final as to game dates and seating locations. NOTE: TRAVEL TO AND FROM THE GAME IS NOT INCLUDED. Accordingly, winner’s will be encouraged to select a regular season game within a reasonable driving distance from their home residence, unless the winner specifically requests otherwise.

    First Prize Gaming Prize Package consists of: one (1) gaming console, two (2) video games chosen from list provided by Organizer in its sole discretion; one (1) gaming headset, and one (1) gaming controller.

    SOUR PATCH KIDS Prize Package consists of: One (1) SOUR PATCH KIDS Funko Pop; one (1) SOUR PATCH KIDS branded pop socket; one (1) SOUR PATCH KIDS pillow; one (1) SOUR PATCH KIDS mug; one (1) pair of SOUR PATCH KIDS socks and four (4) bags of SOUR PATCH KIDS fruits candy, assorted flavors. All colors, features, flavors and details of prize package are determined by Sponsor in its sole discretion.

    ARV of each First Prize: $1,597.

    For All Gaming Prize Packages: All features and details of Grand Prize and First Prize Gaming Prize Packages to be determined by Organizer in its sole discretion. The actual value of electronic prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed.


    For All Ticket Prizes: There exists an inherent risk of exposure to COVID-19 in any public place where people are present. COVID-19 is a contagious disease that can lead to severe illness and death. By traveling and attending event, Winner voluntarily assumes all risks related to exposure to COVID-19. By accepting ticket prize, winner agrees to abide by any terms, conditions and restrictions provided by the ticket. Organizer is not responsible if the event is delayed, postponed or cancelled for any reason and winner will not be reimbursed for tickets. Seating and timing to be determined in the sole discretion of Organizer. Tickets may be subject to standard rain-check policies and procedures. Organizer is not responsible if winner does not use ticket on day of event.


    Unused tickets cannot be refunded, exchanged or applied towards tickets for any subsequent event or for cash. Resale of event tickets is strictly prohibited. All tickets are subject to certain terms and conditions as specified thereon. Promotion winner and guest must abide by all venue policies and regulations, including without limitation all health and safety protocols, and ticket terms and conditions at all times.  The Sponsor and Organizer reserve the right to revoke the full or partial Prize from any winner or guest who the Sponsor, Organizer or venue personnel deem in any of their sole discretion, may be intoxicated, be a safety risk, have violated any venue or NFL policy or law, fail to comply with the NFL’s (or its designee’s) health and safety protocols, or bring the Released Parties into disrepute.

    For All Prizes: Prizes are non-transferable, and no substitution will be made except as provided herein at the Organizer’s sole discretion. All prizes are awarded “as is” without warranty of any kind, express or implied, on the part of the Sponsor or Organizer. Organizer reserves the right to substitute a prize (or portion thereof) of equal or greater value if a designated prize (or portion thereof) should become unavailable for any reason. Unless as otherwise specified herein, prize winner will be solely responsible for all federal, state, and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, is used. Limit: One (1) prize per person. Grand and First Prizes will be fulfilled within approximately 8 – 10 weeks after the end of the Contest and verification of winners. Total ARV of all prizes: $78,444. 

 

  1. Release: By entering into this Contest, each participant agrees to release and hold harmless the Sponsor, Organizer 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, Starcom FZ LLC     , NFL Enterprises LLC, NFL Properties LLC, NFL Ventures, Inc., NFL Ventures, L.P., NFL International LLC, NFL International Licensing, Inc., NFL Productions LLC and each of their respective affiliates and subsidiaries, and all their sponsors, licensees, wholesalers, retailers, distributors, suppliers, advertising and promotion agencies (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 (if applicable). 

 

  1. Publicity: By entering this Contest each entrant hereby consents that Sponsor and Organizer and their respective designees may use the entrant’s name, city, state, likeness, photo, and/or prize information (if applicable) in connection with the Contest, as well as any Tournament Play footage, 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. Grand Prize winners (or other eligible participant(s)) who choose to participate in any Post-Contest Content also consent to the filming of at least one (1) additional Fortnite tournament to take place after the Contest is complete, as well as being filmed in order to be featured in one (1) of Sponsor’s social media posts, to be created by Sponsor, and agree that such additional tournament footage and social media content may be used 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.

 

  1. General Conditions: No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated entries will be accepted. Sponsor reserves the right to cancel, suspend and/or modify the Contest if any fraud, technical failures, human error, any other factor impairs the integrity or proper functioning of the Contest, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Contest, including but not limited to fulfillment of any prize, as determined by Sponsor in its sole discretion. If terminated before the designated end date of any Phase of the Contest, Sponsor may, in its sole discretion and if possible, determine the winners from among all non-suspect, eligible Submissions or Contestant or Team Total Scores, as applicable, received up to time of such action using the judging procedure outlined above, and this shall be each entrant’s sole and exclusive remedy under such circumstances. Sponsor may also modify the prizes offered in the event of unavailability of the prize or portion thereof. In addition, Sponsor reserves the right 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 and void all associated entries. 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. 

 

  1. Limitations of Liability: Released Parties are not responsible or liable for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical, human 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, social media platforms or network hardware or software; (3) unauthorized human intervention in any part of the entry process, Tournament Play 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 Contest Entries, or the announcement of the Finalists/Grand Prize and First Prize winners and/or any 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 (if applicable). Released Parties are not responsible for misdirected or undeliverable Contest Entries 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 Contest Entry or Tournament Play footage.

    Participant irrevocably waives all claims against the National Football League, its member professional football clubs, NFL Ventures, Inc., NFL Ventures, L.P., NFL Properties LLC, NFL Enterprises LLC and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees (collectively, the “NFL Entities”) and agrees that the NFL Entities will have no liability or responsibility for any claim arising in connection with participation in this sweepstakes or any prize awarded.  The NFL Entities have not offered or sponsored this sweepstakes in any way.

 

  1. 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 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU

    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.

    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 shall be construed as if the invalid or illegal provision were not contained herein.

    In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials or notifications and these Official Rules, these Official Rules shall prevail, govern and control.



  1. Entrant’s Personal Information: Information collected from each entrant is subject to Sponsor’s Privacy Policy and to Organizer’s Privacy Policy.

 

  1. Winner List: For the names of the prize winners (available after March 1, 2023), send a self-addressed stamped envelope to: Sour Patch Kids Fruit Fight Gaming Tournament Winners, 805-90 Eglinton Ave E, Toronto, ON M4P 2Y3 for receipt no later than May 1, 2023.

 

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