SUNNYD SWEETEST SUMMER YET TIKTOK CHALLENGE
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH TIKTOK, INC. (“TIKTOK”). JOHNNY ORLANDO (“INFLUENCER”) IS NOT A SPONSOR OF THIS CONTEST.
ENTRANTS UNDER THE AGE OF MAJORITY IN HIS/HER JURISDICTION OF RESIDENCE MUST HAVE PERMISSION FROM THEIR PARENT OR LEGAL GUARDIAN IN ORDER TO ENTER. A PRIZE WON BY A MINOR IN HIS OR HER LEGAL JURISDICTION OF RESIDENCY WILL BE AWARDED IN THE NAME OF SAID MINOR’S PARENT OR LEGAL GUARDIAN.
DATES OF PROMOTION: The SUNNYD Sweetest Summer Yet TikTok Challenge (the “Contest”) begins at 12:00:00 AM Eastern Time (“ET”) on May 8, 2021 and ends at 11:59:59 PM ET on June 7, 2021 (the “Contest Period”). The TikTok database clock will be the official timekeeper for this Contest.
ELIGIBILITY: The Contest is open only to individuals who are permanent legal residents and physically located in one (1) of the fifty (50) United States and the District of Columbia who are 13 – 22 years of age at the date and time of entry and have a parent’s or legal guardian’s consent and supervision (where applicable) to use TikTok and enter this Sweepstakes, and possess a web-enabled mobile device as of May 7, 2021 (each an “Entrant”). Officers, directors, managers and employees of Sunny Delight Beverages Co. (the “Sponsor” or “SUNNYD”), its distributors, wholesalers, retailers and any and all paid influencers and spokespersons, 360 Public Relations, LLC (“Agency” or “360PR”), and each of their respective parent companies, subsidiaries, affiliates, divisions, licensees, advertising, production and promotion agencies, and the immediate family members (i.e., spouses, parents, grandparents, children, grandchildren, siblings and their spouses) and persons living in the same households of each of the above (whether related or not), and any others engaged in the development, production, execution or distribution of this Contest, including Don Jagoda Associates (the “Independent Administrator”) (all of the foregoing hereinafter collectively referred to as the “Contest Entities”), are not eligible to participate or win a prize in this Contest. Contest may not be entered and shall be void outside the fifty (50) United States and the District of Columbia and wherever prohibited by law. All federal, state and local laws and regulations apply. By entering this Contest, Entrants indicate their full and unconditional agreement to, and acceptance of, these “Official Rules” and the decisions of the Sponsor and/or Independent Administrator, which are final and binding in all respects.
HOW TO ENTER: During the Contest Period, Influencer @johnnyorlando will make a post on SUNNYD’s branded hashtag challenge page on the TikTok platform, #SUNNYandSweet (the “Post”). Follow the instructions in the Post and create a TikTok video (a minimum of 15 seconds and a maximum of 45 seconds) explaining how you are making this your sweetest summer yet, tap “Sounds” to access TikTok’s music library and add SUNNYD’s original sound, titled “Tasty (Go Bold)” , and post on TikTok using hashtags #SUNNYandSweet and #Contest and tagging @sunnydofficial to receive one (1) entry (“Entry”). To participate and enter this Contest, individuals will need a TikTok account (“TikTok Account”) that is set to follow @sunnydofficial during the Contest Period. If you don’t already have an TikTok Account, visit www.TikTok.com or download the TikTok application from your mobile device’s app store and sign-up for an TikTok Account. Creating an TikTok Account is free. If you use TikTok on your mobile phone, standard data fees/rates may apply. See your wireless provider for pricing plan details. By submitting your information and creating an TikTok Account, you will be required to agree to the TikTok terms of service and privacy notice. If you do not agree to TikTok’s terms of service and privacy notice, you cannot create an TikTok Account or participate in this Contest. No other methods of entry will be accepted. Each Entry is subject to the Entry Restrictions described below and any Entry that does not comply with those Entry Restrictions will be disqualified. Entrants understand and agree to assume the risk that their Entry and any element thereof may, in whole or in part, be identical or similar to any other Entry, that one Entry may regardless receive varying scores from the other Entry, and Entrants shall release and hold the Contest Entities harmless from same. ALL ENTRIES MUST BE RECEIVED BY 11:59:59 PM ET ON JUNE 7, 2021.
By submitting an Entry using hashtags #SUNNYandSweet and #Contest, Entrants are confirming their acceptance and agreement to these Official Rules. Each Entrant is responsible for ensuring that privacy settings are set such that Sponsor can view the Entry. Sponsor may not receive Entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsor is not responsible for its inability to see or receive an Entry. Posts/comments not received by Sponsor will not be entered into the Contest. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed submitted by the person in whose name the TikTok Account was submitted (“Authorized Account Holder”). Entrant may be required to provide proof of being the Authorized Account Holder. If the Sponsor cannot determine the identity of the person based upon the information submitted, the respective Entrant will be disqualified.
ENTRY RESTRICTIONS: Each Entry must include hashtags #SUNNYandSweet and #Contest, tag @sunnydofficial and be submitted in compliance with the formatting and other requirements set forth at www.TikTok.com, including TikTok’s Terms of Use. Reposting another user’s social media post will not count as an individual Entry. Entries cannot infringe on the intellectual property, privacy, or publicity rights or any other legal or moral rights of any third party. Entries not meeting the requirements as set forth in these Official Rules or that contain prohibited, inappropriate, or irrelevant content, as determined by Sponsor and/or Independent Administrator, in their sole discretion, will not be eligible and will be disqualified. Entries must be truthful in all respects. Entrant further agrees, represents and warrants that he/she shall not submit any Entry that is known by the Entrant to: (a) be false, inaccurate, or misleading; (b) that infringes on any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (c) that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); and (d) that is or may reasonably be considered defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership, or corporation.
NON-QUALIFYING ENTRIES: Entries shall be disqualified from the Contest at Sponsor’s sole discretion if they: (a) contain a TikTok video that is less than 15 seconds in length or exceeds 45 seconds in length; (b) include any sound other than SUNNYD’s original sound, titled ““Tasty (Go Bold)”; (c) do not include tagging @sunnydofficial and hashtags #SUNNYandSweet and #Contest in the Entry; (d) contain generally obscene, lewd, crude, vulgar, profane, defamatory or inappropriate content, including acts of violence or acts that appear to cause harm; (e) contain other offensive content and/or any content that is or could be considered unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic or endorse any form of hate or hate group; (f) contain and display third-party brands prominently and intentionally, or any materials that violate or infringe (or may infringe) any copyright (including, without limitation, music or dance), trademark, logo, or other mark that identifies a brand, entity or other proprietary right of any person living or deceased, including, but not limited to, rights of privacy or publicity or portrayal in a false light (other than those owned by the Sponsor); (g) communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; (h) promote alcohol, illegal drugs, depicts gambling or tobacco/cannabis use, firearms/weapons (or the use of the foregoing), and/or contain any particular political agenda or message; and/or (i) otherwise violate these Official Rules, as determined by Sponsor. Sponsor reserves the right to disqualify an Entry with offensive content or material that it feels is inappropriate in any way. Without limitation, Sponsor also reserves the right, in its sole discretion, to disqualify any Entrant: (i) whose TikTok Account, in Sponsor’s sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Contest or any other person or entity, or does not comply with these Official Rules; and/or (ii) if Sponsor receives notification about any potential infringements or breaches of law by such Entrant; and/or (iii) for any other reason set forth herein.
You may enter as often as you wish, but each Entry must be different and each Entry must be submitted separately. Entrants may not submit an Entry on behalf of someone else. No mechanically or programmatically reproduced Entries are permitted. Sponsor will not verify receipt of Entries for Entrants. Entries submitted by Entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions or abide by these Official Rules or other instructions of Sponsor may be disqualified. The Contest Entities may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other.
Sponsor is not responsible for stolen, lost, late, incomplete, illegible, misdirected, misrouted, damaged, delayed, undeliverable or garbled Entries. By entering, each Entrant: (a) represents that he/she/they is/are 13 – 22 years of age and otherwise eligible to participate in the Contest and have a parent’s or legal guardian’s consent and supervision (where applicable) to use TikTok and enter this Sweepstakes; and (b) fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor, which are final and legally binding in all respects. Any person who tampers with the entry process in any way will be disqualified.
JUDGING: After the conclusion of the Contest Period, all eligible Entries will be judged by Agency-determined judges to determine one (1) Grand Prize winner and ten (10) First Prize winners, based on the following judging criteria (“Judging Criteria”): Originality/Creativity (30%), Expression of how entrant is making this his/her sweetest summer yet (30%), Viral Appeal (20%) and Appropriateness to Brand Image (20%). Final judging will be completed on or about June 17, 2021. Decisions of the judges are final and binding on all matters relating to this Contest. Under no circumstance will information regarding judging be shared with Entrants. Being declared a winner is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in these Official Rules. In the event of a tie, tied Entries will be re-judged based 100% on Originality/Creativity.
NOTIFICATIONS / RELEASES: Potential prize winners will be notified by SUNNYD either via a direct message on TikTok or through a reply comment on the winning Entry (method to be selected by the Agency in its sole discretion) on or about June 17, 2021 (the “Notification”). The Agency will initiate a conversation through a direct message or reply comment on the winning Entry with the potential prize winner. The Notification message will request that the potential prize winner reply back to SUNNYD within twenty-four (24) hours following the date of the Notification with specific personal information, which shall include the first name, last name, physical address, city, state, zip, email and date of birth (the “Required Information”) of the potential prize winner. The potential prize winner’s TikTok Account notification settings need to be set to “public”. In the event a potential prize winner cannot be reached via the Notification, the Notification is undeliverable, a potential prize winner does not respond with the Required Information by the date indicated within the Notification, or if it is determined by Sponsor, Agency or the Independent Administrator, in their sole discretion, that a potential prize winner is not eligible in accordance with or otherwise not in compliance with these Official Rules, such potential prize winner will be disqualified (without compensation of any kind) and the prize will be awarded to an alternate prize winner based on the judging criteria outlined above from among all remaining eligible Entries received during the Contest Period. In the event that a potential prize winner is disqualified for any reason, Sponsor/Agency/Independent Administrator shall have no liability or obligation to such individual. SUNNYD will attempt to contact up to three (3) alternate potential prize winners should an original prize winner not respond in order to award the prize. In the event that none of the three (3) alternate potential prize winners respond to the Notification, the prize will not be awarded.
Following receipt of the potential Grand Prize winner’s Required Information, the potential Grand Prize winner (or potential Grand Prize winner’s parent or legal guardian) will be required to verify their eligibility by digitally completing and securely signing a Declaration of Compliance, Liability Waiver, Assignment of Rights and Publicity Release where legal (the “Declaration”) within three (3) days or less from the date that the Declaration was sent by the Independent Administrator. If the potential Grand Prize winner fails to submit the Declaration within the time period required, the potential Grand Prize winner forfeits his/her right to the prize. Additionally, Grand Prize winner will be responsible for providing and returning a liability/publicity release signed by each of his/her up to fifty (50) invited guests [or their parent or legal guardian in the event guest is deemed a minor in his/her jurisdiction of residence; i.e. the age of majority is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi] to participate virtually in the Event, as defined below, as designated by Agency and/or Independent Administrator prior to the Virtual Concert.
Following receipt of a potential First Prize winner’s Required Information, each potential First Prize winner (or potential First Prize winner’s parent or legal guardian) will be required to verify their eligibility by completing and returning a Prize Claim Form and Publicity Release/Assignment of Rights where legal (the “Prize Claim Form”) within three (3) days or less from the date that the Prize Claim Form was sent by the Independent Administrator. If a potential First Prize winner fails to return the Prize Claim Form within the time period required, the potential First Prize winner forfeits his/her right to the prize.
All prizes will be awarded provided a sufficient number of eligible Entries are received during the Contest Period. Sponsor and Independent Administrator are not responsible for any change of email address, mailing address and/or telephone number of Entrants. No more than the stated number of prizes will be awarded. Limit one (1) prize per household.
Grand Prize Restrictions/Conditions: Internet access and a webcam-enabled device will be required to participate in the Event. A Zoom account is not required in order to join the Zoom video conference as a participant. The Contest Entities are not responsible for technical failures of any kind while connecting to or during the Zoom or other video conference, including, but not limited to, the malfunctioning of any computer, mobile device, cable, network, hardware or software. All details including date/time of Event are in Sponsor/Influencer’s sole discretion and must be used on date/time specified or prize will be forfeited. The appearance of Influencer in connection with prize is subject to his availability and is subject to cancellation. No compensation will be paid in lieu of a cancelled appearance as this portion of the prize has no cash value. Grand Prize winner may not announce publicly that they have won until approved by Sponsor. By entering this Contest and accepting the prize, the Grand Prize winner agrees to maintain his or her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in the Event. Sponsor reserves the right to terminate Grand Prize winner’s participation in the Event, in whole or in part, with no further compensation, in the event the Grand Prize winner engages in behavior that is obnoxious, threatening, or illegal; is intended to annoy, abuse, threaten or harass any other person; is uncooperative or disruptive; may or does cause damage to person, property, or the reputation of Sponsor; or otherwise violates the policies of the Contest Entities; all as determined by Sponsor in Sponsor's sole discretion.
If the Event is unable to take place as planned for any reason, including, but not limited to, cancellation, scheduling conflicts or unavailability of Influencer, lockout, labor dispute, strike, inclement weather, or an event of Force Majeure, as defined below, the remaining components of the prize will be awarded and Sponsor’s obligation to the Grand Prize winner will be fulfilled, and no other additional compensation or substitution will be provided. The Event will be recorded by Sponsor and retained for Sponsor’s internal quality assurance and training purposes, but will not be shared with the general public in any public forum.
GENERAL CONDITIONS: If a prize winner is considered a minor in his/her state or place of residence (the age of majority is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi), prize will be awarded in the name of his/her parent or legal guardian, who will be responsible for fulfilling all requirements imposed on such prize winner as set forth herein and must be one of winner’s virtual guests. Prizes are non-transferable; no substitution, exchange, or cash redemption except by Sponsor due to unavailability in which case a prize of equal or greater value will be awarded. Prizes may not be transferred by any other means, including, but not limited to, sale, barter or trade on auction websites. Should any portion of the Contest be, in Sponsor’s sole discretion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole discretion of the Sponsor, corrupts or impairs the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest and conduct the Contest in a manner which in its sole discretion is fair, appropriate and consistent with these Official Rules. Notice of such action by Sponsor will be posted on TikTok by @sunnydofficial. 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 these Official Rules or in an unsportsmanlike or disruptive manner. In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, pandemic, health crisis (e.g., Coronavirus), earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state, local or provincial government law, order, regulation, or guideline, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (b) to disqualify any Entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Contest; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner. Sponsor reserves the right to disqualify or reject any incomplete, inaccurate or false Entry. The Sponsor is not responsible for any changes to or unavailability of the TikTok platform that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the TikTok platform for the Contest as set forth herein that are not acceptable to Sponsor) or ability of Entrant to timely enter, receive notices or communicate with Sponsor via the TikTok platform, in which case Sponsor, in its sole discretion, may terminate or modify the Contest. ANY ATTEMPT BY ANY PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS 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 THESE PROVISIONS.
RELEASE: By participating in this Contest, Entrants agree to release, discharge, defend, indemnify and hold harmless the Contest Entities, TikTok, and each of their respective officers, directors, managers, employees, parents, subsidiaries, affiliates, agents, members, shareholders, insurers, servants, divisions, predecessors, successors, representatives, wholesalers, distributors, advertising, promotion, and fulfillment agencies, consultants and legal advisors (collectively, the “Released Parties”), from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) Entrant’s participation in the Contest (including travel to/from any Contest activity); (ii) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any prize event or activity); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize. Entrant agrees that the Contest Entities may irrevocably use the Entrant’s name, voice, city/state of residence, photograph and/or other visual likeness for advertising and/or trade purposes and/or for any other purpose in any media or format now or hereafter known without further compensation (financial or otherwise), permission or notification.
Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Entrant acknowledges that the releases herein are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (a) unauthorized human intervention in any part of the entry process or the Contest; (b) electronic or human error which may occur in the administration of the Contest or the processing of Entries; (c) 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; (d) any printing or typographical errors or other incorrect or inaccurate Entry information in any Contest-related materials; (e) stolen, lost, late, misdirected, corrupted, incomplete, or indecipherable Entries; or (f) technical failures of any kind, including, but not limited to, the malfunctioning of any computer, mobile device, cable, network, hardware or software. IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ANY ENTRANT’S ACCESS TO THE CONTEST, INCLUDING DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM AND/OR OTHERWISE USING ANY WEBSITES OR APPLICATIONS ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND THE PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ALL ENTRANTS. ENTRANTS SHOULD CHECK THEIR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Orange County, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Orange County, California. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Orange County, California. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of Entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
USE OF INFORMATION: By accepting a prize, each prize winner and his/her parent or legal guardian where applicable (and each guest of Grand Prize winner and his/her parent or legal guardian where applicable) irrevocably grant to the Released Parties the right to use his/her name, voice, picture, likeness, hometown, Entry, and biographical information in any medium (whether now or hereafter known) throughout the world in perpetuity for any lawful purpose without further permission, consideration or payment (except where prohibited by law) and agrees to participate in any and all publicity and promotional activities as designated by Sponsor (except where prohibited by law) in connection with this Contest. As a condition of entering the Contest, each Entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties, including but not limited to Agency and Independent Administrator, for the purpose of administering this Contest and to comply with applicable laws, regulations and rules. Any information Entrant provides to Sponsor may be used to communicate with Entrant in relation to this Contest or on a Contest winner’s list. By participating in the Contest, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy. For more information about Sponsor’s use of personal information, see Sponsor’s privacy policy by visiting https://sunnyd.com/privacy-policy/. Additionally, any communication between Entrant and Sponsor or its agencies regarding this Contest (e.g., phone calls, emails, etc.) may be recorded for quality assurance and training purposes.
WINNERS LIST: For a list of prize winners available for ninety (90) days after June 17, 2021, send an email to Winners@dja.com with WINNERS & 10-2766-02 as the subject line. Winners List will be sent after all prizes have been awarded.
SPONSOR: Sunny Delight Beverages Co., 1 High Ridge Park, 3rd Floor, Stamford, CT 06905
INDEPENDENT ADMINISTRATOR: Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.
MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Declaration will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Declaration is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.