Name our Mascot Contest
CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. BY ENTERING THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.
- Eligibility: The American Licorice Name the Red Vines® Mascot Contest (the “Contest”) is open only to legal residents of the fifty (50) United States who are at least eighteen (18) years old. Employees of American Licorice Company (the “Sponsor”), and its parent companies, subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate families (spouse, parents, siblings, and children) and household members of those employees are not eligible to enter or win. The Contest is subject to all applicable federal, state and local laws and regulations.
- Purpose of Contest: The purpose of this Contest is to give the public a chance to name the Red Vines® mascot (“Mascot Name”). The Sponsor will make the final decision regarding the Mascot Name.
- Agreement to Official Rules: Participation in this Contest constitutes Entrant’s full and unconditional agreement to the Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning and receiving a prize is contingent upon compliance of these Official Rules and fulfilling all requirements.
- Sponsor and Administrator: The Sponsor and Administrator is American Licorice Company, 1914 Happiness Way, La Porte, IN 46350.
- Timing: The Contest entry period begins March 31, 2022 at 12:00:01 a.m. Eastern Time (“ET”) and ends April 12, 2022 at 11:59:59 p.m. ET (the “Entry Period”). Sponsor’s computer is the official time keeping device for this Contest. All Eligible Entries will be reviewed for compliance with these Official Rules and Sponsor will make no more than five (5) Entries available for public voting. The public will then vote (the “Voters”) on the posted Mascot Names. Public voting will begin on April 22, 2022 at 12:00:01 a.m. ET and ends April 30, 2022 at 11:59:59 a.m. (NOON) ET (the “Voting Period”). At the conclusion of the Voting Period one (1) entry will be chosen at the based on the criteria described below and declared the Winner. Sponsor’s computer is the official time keeping device for the Contest.
- How to Enter: For the Entry Period, each Entrant must submit their Mascot Name and other information requested (the “Entry”) on the following webpage: Redvines.com/NLD. Mascot Names that Sponsor makes available for voting will be posted on Redvines.com/NLD (the “Website”) for the Voting Period. There is no limit to the number of entries per natural person during the Entry Period. Sponsor or representative acting on behalf of Sponsor reserves the right to screen Entries. In Sponsor’s sole discretion, Sponsor reserves the right to disqualify and remove any Entry it deems as inappropriate or unacceptable or does not satisfy the Entry Requirements herein, or does not comply with these Official Rules.
- Entry Requirements: The Mascot Names must be original and Entries may not contain material that violates or infringes any third party’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement. Mascot Name(s) must not be confusingly similar to any third party product names, brand names or trademarks. Mascot Name(s) must be developed in good taste, and shall not contain content that is obscene or indecent, and shall not include profanity, references to drugs or alcohol, or words that may be offensive to individuals of a specific race, religion, ethnicity, sexual orientation or socioeconomic group, or other content deemed inappropriate by Sponsor. Mascot Names must not have been submitted previously in a promotion of any kind. In the event any Entry is deemed inappropriate by Sponsor, that Entry will be deemed ineligible. The Entry must not use any logos, brand names or trademarks other than Sponsor’s, which Sponsor has granted Entrant a limited license to use for purposes of this Contest. Sponsor reserves the right to disqualify any Entry, if Sponsor believes, in its sole and absolute discretion, that there is any inappropriate use of a logo, brand name, or trademark. You further agree that your Entry is gratuitous and made without restriction and will not place Sponsor under any obligation, that Sponsor is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the Entry without any additional compensation to Entrant, and that your Entry conforms to the Entry Requirements set forth herein. Entrant acknowledges that, by acceptance of an Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than the Entrant. By submitting an Entry, Entrant warrants and represents that the Entry: (i) is Entrant’s original work; (ii) has not been previously published; (iii) has not won previous awards; (iv) does not infringe upon the copyrights, trademarks, rights of privacy, publicity, or other intellectual property or other rights of any person or entity; and (v) that the publication or use of the Entry via various media including web posting, will not infringe on the rights of any third party.
By submitting an Entry, Entrant acknowledges that his/her Entry may be posted on Sponsor’s websites and social media accounts, in Sponsor’s discretion. Sponsor reserves the right to, and may or may not, monitor/screen Entries and Mascot Names prior to posting them to the Website. Once an Entry or Mascot Name is submitted to the Contest it may be made available on Sponsor’s social media accounts or other websites for viewing by the general public. By entering, you acknowledge that Sponsor has no obligation to use or post an Entry you submit. If any Entry fails to comply with any of these Entry Requirements or any other provisions of these Official Rules, Sponsor reserves the right, in its sole discretion, to disqualify the Entrant and the Entry will not be eligible to win. Sponsor further reserves the right to not select a winner if, in its sole discretion, no suitable Entries are submitted.
- Sponsor’s Use of Entries and Related Materials: By submitting an Entry, each Entrant agrees to and irrevocably assigns and transfers to Sponsor any and all right, title and interest, including but not limited to all trademark, copyright, and any other intellectual property rights throughout the world, that the Entrant has or may have in the Entry and all other related materials provided to Sponsor or otherwise prepared in connection with the Contest (collectively, “Entry Materials”) in any way, including but not limited to the Mascot Name(s). The Entry Materials will not be returned. Sponsor’s rights with respect to the Entry Materials include, but are not limited to: (a) the exclusive right to use, publish, display or reproduce the Mascot Name(s) on products, packaging, advertising for purposes of trade and any other lawful purpose; (b) the exclusive right to alter, revise or change the Entry Materials in any way; (c) the exclusive right to secure trademark and copyright registrations and other rights in the Entry Materials, including the Mascot Name(s), anywhere throughout the world; and (d) the exclusive right to license, exploit, sell, assign, or otherwise dispose of the Entry Materials, including the Mascot Name(s), or any of the said rights included therein for any purpose which Sponsor may see fit. Each Entrant acknowledges and agrees that Sponsor shall have the right, but not the obligation, to use, modify, reproduce, publish, perform, display, distribute, make derivative works of, trademark or otherwise register, and otherwise commercially and non-commercially exploit the Entry Materials, including but not limited to the Mascot Name(s), in perpetuity and throughout the universe, in any manner or medium now existing or hereafter developed, without separate compensation to any Entrant or any other person or entity or prior approval by Entrant or any other person or entity. Each Entrant agrees to take, at Sponsor’s expense, any further action (including without limitation, execution of affidavits and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor’s rights as set forth in this Paragraph 8.
- Prizes: One (1) Winner will receive a prize pack consisting of a year’s supply of Red Vines® candy (Approximate Retail Value (“ARV”) $200). Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. Prizes are non-transferable, and no cash alternative or substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. All federal, state and local taxes, and any other costs and expenses associated with acceptance and/or use of Prize not specifically provided for in these Official Rules are solely the Winner’s responsibility. ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
- Winner Selection and Notification: Sponsor will review the eligible Entries and select no more than five (5) Entries for public voting (the “Selected Entries”). These Selected Entries will be posted on the Website, Facebook and Instagram during the Voting Period. Voters will vote for their choice among these Entries during the Voting Period. There is no limit to the amount of votes a Voter can submit. Sponsor will tabulate the votes for Mascot Names, and its determinations in this regard shall be in its sole discretion and final. In addition, the Selected Entries will be judged by qualified judges selected by Sponsor in its sole discretion (“Judges”). The Judges will score each of the Selected Entries according to the following weighted criteria: (i) “Relevance to the Brand”: 34%; (ii) “Creativity”: 33%; and (iii) “Originality”: 33%. All of these factors determine the Entry’s overall “Judges’ Score.” The Selected Entry that receives the highest Judges’ Score will be the potential winner, subject to verification of eligibility and compliance with these Official Rules. The public voting will inform, but not necessarily determine, the selection of the potential winner. In the event of any ties, the highest score in criteria (i) “Relevance to the Brand” will be used to break any ties. If there is still a tie, the tied Entries will be re-judged to determine the winner. If the winner is found to be ineligible or does not comply with these Official Rules, he/she will be disqualified and the Entry with the next-highest Judges’ Score will be named the potential winner. Judges’ and Sponsor’s decisions shall be final and binding in all matters pertaining to the judging and selection of the winner. The Contest is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram.
The provisional winner will be notified through an email from the Sponsor. If, despite reasonable efforts, a potential prize winner does not respond within 48 hours of the first notification attempt, or if a prize or prize notification is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner may forfeit the applicable prize and an alternate prize winner may be selected. The provisional winner will be sent an Affidavit of Eligibility/Release of Liability Form, Confirmatory Assignment, and, where legal, a Publicity Release. The provisional winner must execute and return any required Affidavit of Eligibility/Release of Liability Form, Confirmatory Assignment, and, where legal, a Publicity Release, within ten (10) calendar days of receipt. Non-compliance by any provisional winner within this time period may result in disqualification, and an alternate winner may be selected, at Sponsor’s sole discretion. If any provisional winner is found to be ineligible, or if they have not complied with these Official Rules or declines the applicable prize for any reason prior to award, such potential prize winner may be disqualified, and an alternate winner may be selected. The provisional winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Prizes will be fulfilled approximately 2 weeks after the end of the Entry Period, once the winner is confirmed. The final Mascot Name will be revealed on or about May 6, 2022.
- General Guidelines for Entrants: Sponsor reserves the right to verify the eligibility of any Entrant. Any entry found not to be in compliance with these Official Rules may be disqualified. Each Entrant must submit an Entry on Entrant’s own behalf. Any Entrant using another person’s identity may be disqualified and ineligible to claim any prize. In the event more than one Entrant submits the same Mascot Name(s), the Entrant who was first in time to submit the Mascot Name(s) will be eligible to be the Winner (based on Sponsor’s server’s timestamp). By entering the Contest, each Entrant warrants that he or she has read and agrees to abide and be bound by these Official Rules. False or deceptive entries or acts, including misrepresentation of age, shall render such entries as ineligible. An Entrant may be required to produce proof of identity, address, and/or birth date. Once an Entry is submitted, it cannot be deleted, canceled or modified by an Entrant. No substitution of an entry will be accepted during the Entry Period under any circumstances once the original entry is submitted. Sponsor assumes no liability for any Entries submitted into the Contest that violates these Official Rules. In the event an Entrant wins a prize, and is later found to be in violation of these Official Rules, Entrant may be required to forfeit the prize. Sponsor or representative acting on Sponsor’s behalf shall have the absolute right to determine if an entry is not in compliance with these Official Rules without notice to the Entrant. In the event of failure to capture any information for any reason whatsoever, including but not limited to as a result of the effects of hackers or the failure of any electronic equipment, computer or cellular transmission, or network connections, any such attempted entry submissions will become null and void. Sponsor is not responsible for any lost, late, illegal, intercepted, incomplete, misdirected, damaged, destroyed, mutilated, unintelligible or not received entries, or for errors, omissions, interruptions, deletions, defects, delays in operations, in transmissions of entries. Proof of sending an entry will not be deemed to be proof of receipt by Sponsor. If for any reason whatsoever data is not available to contact a potential prizewinner, the entry will become null and void and the Entrant will be disqualified from the Contest. Any other attempted form or method of entry, except as outlined above, will not be an eligible Entry. Entrant agrees by attempting to enter into this Contest, he or she will be bound by these Official Rules and the decisions of the Sponsor which shall be final in all respects, and Entrant and attempted Entrant waive any right to claim ambiguity in this Contest or these Official Rules. Each winner is responsible for all taxes, including federal, state and local, applicable to the acceptance and use of his/her prize. Wireless carrier standard data plan rates may apply. Other charges may also apply; check your mobile plan for rates/details relating to use of data under your plan.
- Publicity. By entering the Contest, Entrants grant to Sponsor the right, except where prohibited by law, to use Entrant’s name, likeness, picture, address (city and state), email address, voice, biographical information and written or oral statements, for advertising and promotional purposes in promoting or publicizing Sponsor and its products and services, without compensation unless required by law. Entrants shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of Entrant’s name, picture, likeness, address (city and state), email address, biographical information, or entry. The rights granted under this paragraph shall extend to all Entry Materials related to the Contest, including entry forms and Mascot Names submitted by non-winners and winners.
- Limitations of Liability: Sponsor is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete or misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Contest; (e) printing, typographical, electronic or human errors, which may occur in the offer or administration of the Contest or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to Entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest, or from viewing, playing or downloading any material from Sponsor’s website(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s websites by a hypertext link.
- Release and Indemnification: By participating in this Contest, Entrant agrees to defend, indemnify, and hold harmless the Sponsor, Facebook and Instagram (“Releasees”) from and against any all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out or relating to Entrant’s breach of these Official Rules. By entering, each Entrant forever, fully and irrevocably releases and holds harmless Releasees and their parents, subsidiaries and affiliates, and their respective agents, advertising and promotion agencies, affiliates, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from Entrant’s participation and/or entry in the Contest.
- Construction: All issues and questions concerning these Official Rules or the rights and obligations of any participant shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to its conflict of law rules or provisions. All Entrants expressly agree to submit to the laws of and the jurisdiction of the federal and state courts in the State of California, hereby waiving the jurisdiction of any other courts that now or in the future could be considered competent for any reason. All actions, proceedings, or litigation relating to the Contest shall take place in the State of California, County of Alameda. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
- Termination: Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures, or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest. In the event an insufficient number of eligible Entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Contest by any event beyond its control, Sponsor shall have the right to modify, suspend, extend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect Entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances. 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 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.
- Winner’s List: A list of Winners may be obtained by sending a self-addressed, stamped envelope after May 6, 2022 to: Attn: Andrea Doll, American Licorice Company, 1914 Happiness Way, La Porte, IN 46350.