NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
MESSAGE AND DATA RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE IN CONJUNCTION WITH PARTICIPATION IN CONTEST (AS APPLICABLE).
VOCO CREATIVE, LLC
3700 Franklin St, Denver, CO 80205.
441 Bloomfield Avenue, Montclair, NJ 07042
CONTEST ENTRY PERIOD:
The #HowToSayRaos Challenge (the “Contest”) begins at 12:00:01 AM Eastern Time (“ET”) on Thursday, April 28, 2022, and ends at 11:59:59 PM ET on Friday, May 19, 2022 (the “Contest Entry Period”).
The Contest is open to legal residents of the 50 United States and the District of Columbia who are at least 18 years of age at the time of entry, who have a valid TikTok account, and the ability to create content on TikTok, which may include the need for a smartphone (“Entrant”). Officers, directors, representatives, employees or agents of the Contest Administrator, Sponsor, , and all of their respective owners, parents, affiliates, subsidiaries and successor companies, and their advertising/promotional agencies (collectively the Contest Entities ), their immediate family members living in the same household, or household members of anyone so employed, and influencer individuals who have been invited by the Sponsor to promote the Contest (each, an “Influencer”) are ineligible to enter or win. Contest is void in Alaska, Hawaii, Puerto Rico, U.S. territories and possessions, outside of the 48 contiguous United States and D.C., and where restricted or prohibited by law. The Contest shall be staged in compliance with all applicable federal, state, and local laws. By entering the Contest, Entrants agree to abide by all terms of these Official Rules (“Official Rules”) and all applicable local, state and federal laws and regulations.
HOW TO ENTER:
There is one (1) method of entry. During the Contest Entry Period:
- Step One: Create an account on TikTok. Creating an account is free, and you can follow the instructions at this link to create your account. https://support.tiktok.com/en/getting-started/creating-an-account. There is no alternate method of entry.
- Step Two: Follow @RaosHomemade on TikTok.
- Step Three: Visit the #HowToSayRaos page on TikTok (the “Contest Page”), locate, and view the one of the five Creator videos (the “Launch Videos”).
- Step Four: Share an original video of yourself dueting with one of the Launch Videos (the “Video”) by navigating to the Launch Video, select the Share button, press the Duet button, record your Video, include the hashtags #HowToSayRaos and #Contest in the caption and tap the Post button to receive one (1) entry into the Contest (the “Entry”).
Limit: One (1) Entry per natural person, regardless of number of TikTok accounts during the Contest Entry Period. Although subsequent attempts to enter may be received, only the first complete Entry received from a particular Entrant will be eligible, and Entrant may be disqualified for attempting to enter the Contest under multiple identities. Any attempt by an Entrant to obtain more than the stated number of Entries by using multiple/different identities, TikTok accounts, and/or any other methods, including, but not limited to, Entries generated by script, macro or other automated devices will void that Entrant's Entries and that Entrant may be disqualified from the Contest. Multiple Entrants are not permitted to share the same TikTok account. None of the Contest Entities will verify receipt of Entries for Entrants.
Entries submitted with a Video that has already been submitted or that is substantially the same as a previously submitted video, as determined by the Sponsor in its sole discretion, will be disqualified. Entries will be posted to the Contest Page. The Sponsor and TikTok reserve the right in their sole and absolute discretion to reject, disqualify and/or remove any Entry or Entrant that attemps to tamper with the fair play of this Contest or otherwise violates these Official Rules without any notification or warning. Posting to the Contest Page does not indicate the Entry has complied with the Official Rules. Sponsor reserves the right to post sample videos it has created and/or videos submitted by Influencers in connection with the Contest on the Contest Page. Sponsor does not guarantee the posting of any Entry.
All Entries must comply with the following minimum guidelines to be eligible:
- The Entrant should be the primary subject of the Video. No other individuals may appear in the Video without their express written permission, which Entrant may be required to produce. If Video features a minor under the age of majority in his/her/their state of residence, it may not be the primary subject of the Video and Entrant must obtain written permission from the minor’s legal guardian.
- Entry and Video must conform to the format, length and size requirements and limitations of TikTok.
- Entry and Video cannot contain content that, in the sole opinion of Sponsor, is irrelevant to the purpose of the Contest.
- By submitting a Video taken by a third party, Entrant warrants and represents that he/she has secured all rights and clearances to the Video from the videographer.
- Entry and Video cannot contain profanity, be pornographic, sexually explicit or suggestive or contain nudity.
- Entry and Video cannot be violent or promote firearms/weapons, or violence against people, animals, or property.
- Entry and Video cannot promote the consumption or use of alcohol, illegal drugs or tobacco.
- Entry and Video cannot defame, misrepresent ,or contain disparaging remarks about people, brands, products or companies.
- Entry and Video cannot contain content that defaces or depicts any person, brand, product or company in a negative or inappropriate manner.
- Entry and Video cannot include misinformation about COVID-19.
- Entry and Video cannot be obscene or offensive, endorse any form of hate or hate group, or be derogatory to any ethic, racial, gender, religious, professional, or age group.
- Entry and Video cannot reference or contain materials embodying copyrighted images, names, likenesses or other indicia (including, but not limited to, trademarks) identifying any brand, products, company or person, living or dead, without permission.
- Entry and Video cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor andTikTok wish to associate.
- Entry and Video cannot depict illegal activity and cannot itself be in violation of any law.
- Entry and Video cannot in any way reference persons or organizations (except for Sponsor) without written permission from any person or organization whose name, trademark (including logo), or likeness is used.
- Entry and Video may not include images or voice recordings that are or include a known celebrity, famous or well-known person or any image which violates the right of privacy or publicity of any person.
- Video cannot have been submitted previously in a promotion of any kind or won any previous awards.
By submitting an Entry, the Entrant understands and grants to the Sponsor an irrevocable, perpetual, non-exclusive worldwide license to use Entrant’s Entry, Video, name, hometown and likeness on the Sponsor’s various websites and social media sites and in advertising and/or promotional activities worldwide without compensation, permission or notification, to the extent provided by law. Sponsor reserves the right in its sole and absolute discretion to alter, change or modify any Entry, including, but not limited to, the Video without compensation to the Entrant.
By submitting an Entry, Entrant warrants and represents that: (a) Entry does not infringe upon the intellectual property rights, including the copyrights, trademarks, trade secrets, rights of privacy, publicity, other legal or moral rights of any person or entity; (b) Entrant owns all necessary rights to the Entry, including without limitation, copyrights, and has received prior written permission from a third party if any Video was recorded by someone other than the Entrant; and (c) Entrant will and does hereby indemnify and hold harmless the Contest Entities from any claims and damages (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the Entry, or Entrant’s conduct in creating the Entry, the acceptance or use of any prize or otherwise in connection with this Contest.
THE CONTENT OF THE ENTRIES POSTED TO THE CONTEST PAGE ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF THE CONTEST ENTITIES IN ANY MANNER.
PRIZES/MANUFACTURERS’ SUGGESTED RETAIL PRICE (“MSRP”)/ODDS:
Grand Prize: There is one (1) Grand Prize available to be won by one (1) winner (“Grand Prize Winner”) which shall consist of one (1) 12-month subscription to a case of 24oz sauce with a Manufacturer’s Suggested Retail Price (“MSRP”) of $1,080 (“Grand Prize”), which MSRP is as of the date of drafting these Official Rules.
Second Prize: There is one (1) Second Prize available to be won by one (1) winner (“Second Prize Winner”), which shall consist of one (1) 6-month subscription to a case of 24oz sauce with a MSRP of $540 (“Second Prize”), which MSRP is as of the date of drafting these Official Rules.
Third Prize: There is one (1) Third Prize available to be won by one (1) winner (“Third Prize Winner”), which shall consist of one (1) 6-month subscription to a case of 24oz sauce with a MSRP of $540 (“Third Prize”), which MSRP is as of the date of drafting these Official Rules.
Grand Prize, Second Prize and Third Prize are collectively referred to herein as “Prize” or “Prizes”. Grand Prize Winner, Second Prize Winner and Third Prize Winner collectively referred to herein as “Winner” or “Winners”.
The total approximate retail value of all prizes available to be won: $2,160.
The depiction of a Prize in any advertising or promotional materials may not reflect the actual Prize delivered to a Winner. Winner is responsible for all taxes and other costs and fees associated with Prize receipt. Sponsor and/or any other Contest Entities shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with the Prize provided pursuant to the Contest and/or any person’s participation in the Contest. Winner must take delivery of Prize from Raos.com. Sponsor shall not be responsible for delays in delivery of the Prize, and delivery is subject to availability. Sponsor shall, however, use all reasonable efforts, subject to availability, to deliver the Prize within one hundred eighty (180) days of completion of Winner’s verification process. Winner shall bear all risk of loss or damage to the Prize after it has been delivered to the specified delivery site. Winner must personally retrieve the Prize within thirty (30) days of written notification of delivery. Prize is non-transferable and no substitution or cash equivalent is allowed except as provided herein at Sponsor’s discretion. Sponsor reserves the right to substitute a Prize for one of comparable or greater value, at its sole discretion. The difference in value of the Prizes as stated herein and value at time of Prize notification/award, if any, will not be awarded.
During the Contest Entry Period, Entrants’ Entries will be displayed and TikTok users may use the heart button to select their favorites (the ”Likes”). After the Contest Entry Period has ended, TikTok will count the number of Likes each Video received during the Contest Entry Period. The thirty (30) Entries that received the most Likes during the Contest Entry Period will each be deemed a Semi-Finalist Entry (each, a “Semi-Finalist Entry”). Each Entrant that advanced to have a Semi-Finalist Entry will be deemed a Semi-Finalist (each, a “Semi-Finalist”). In the event of a tie, the Semi-Finalist Entry that was submitted first will be deemed the Semi-Finalist Entry, or Sponsor, at its discretion, will increase the number of qualified Semi-Finalist Entries.
Any attempt by an Entrant or any other person to gain Likes by promising a benefit to any other person, including the use of sites such as Vote Exchange or other similar social media sites, may subject the Entrant to disqualification in the sole discretion of the Sponsor. Entrants who spam or create false accounts for the purpose of obtaining Likes (or otherwise undertake any act intended to manipulate or undermine the integrity of the Contest) may have their Entry disqualified. Decisions of the Sponsor and TikTok are final relating to all aspects of the determining Semi-Finalists. The Sponsor may disqualify any Entrant or related parties who violate or are suspected of violating any of the terms and conditions of the Contest or these Official Rules in their sole discretion.
Semi-Finalists may be required to submit to a social media background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Contest will not bring the Contest Entities into public disrepute, contempt, scandal or ridicule, or shock, insult or offend the public or reflect unfavorably on the Contest or Contest Entities, as determined by Sponsor in its sole discretion. Sponsor reserves the right to disqualify a potential Semi-Finalist on the basis of the findings resulting from such social media background check or if a potential Semi-Finalist fails to properly authorize and/or provide the required information in connection with such social media background check. Fewer than thirty (30) Semi-Finalists may continue on to be judged by the panel of judges appointed by the Sponsor, as described below, without liability to the Contest Entities or its designees of any kind.
JUDGING & WINNER DETERMINATION:
After the Semi-Finalist Entries have been determined, the Semi-Finalist Entries will be judged by a panel of judges appointed by the Sponsor, who shall use the criteria set forth below (“Judging Criteria”):
- Creativity (51%)
- Technical Merit (49%)
The Semi-Finalist whose Entry receives the highest judging score based on the Judging Criteria will be deemed the potential Grand Prize Winner. The Semi-Finalist whose Entry receives the second highest judging score based on the Judging Criteria will be deemed the potential Second Prize Winner. The Semi-Finalist whose Entry receives the third highest judging score based on the Judging Criteria will be deemed the potential Third Prize Winner. In the event of a tie, the tied Entry with the highest score in Criterion 2, Entertainment Factor, will be deemed the winner. If the scores are identical, the two tying entries will be re-scored by a panel of independent judges.
Nothing in these Official Rules shall obligate Sponsor to publish or otherwise disclose the results of the Judging Criteria.
WINNER NOTIFICATION & VERIFICATION:
The potential Winners will be notified on or about May 26, 2022 by the Sponsor via direct message to the potential Winner’s TikTok account (the “Initial Notification”). In the event that a potential Winner is not following @RaosHomemade on TikTok, Sponsor will post a comment to the potential Winner’s Entry requesting that the potential Winner follow @raoshomemade in order to receive the Initial Notification within two (2) days (the “Follow Request”) of the Follow Request. Non-compliance will result in disqualification and the Finalist who received the next highest judging score will be deemed a potential Winner and will be notified. To begin the prize claim process, each potential Winner must respond as instructed to the Initial Notification with Entrant’s full name and email address within three (3) days of the Initial Notification. Non-compliance will result in disqualification and the Finalist who received the next highest judging score will be deemed a potential Winner and will be notified. Within three (3) days of confirmation of a potential Winner’s full name and email address, such potential Winner will receive a second notification (the “Second Notification”) from the Contest Administrator via email and will be required to return to Contest Administrator within seven (7) days of Second Notification, a signed and notarized Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release (collectively, the “Releases ). The Releases will require the potential Winner to furnish their Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification and the Finalist who received the next highest judging score will be deemed a potential Winner and will be notified. PARTICIPATION IN THIS CONTEST AND THE RECEIPT AND/OR USE OF PRIZE OFFERED OR ANY ELEMENT OF PRIZE OFFERED IS AT WINNER’S OWN RISK.
If a potential Winner fails to comply with these Official Rules, cannot be located or reached, has provided an incorrect e-mail, phone number or mailing address, is determined to be ineligible, fails to claim a prize, or if a Follow Request, Initial Notification or Second Notification is returned as undeliverable or if a prize is returned as undeliverable, the potential Winner will forfeit prize and an alternate potential Winner may be determined and notified without further notice, or the prize may not be awarded, at Sponsor’s discretion.
Winners are responsible for all federal, state, local and income taxes, if any, associated with prize won. Winners will be required to furnish their social security number for the sole purpose of preparation of any tax forms as required by law in the event the prize is over $600.
Except where prohibited by law, Entry and acceptance of a prize constitutes permission for Sponsor and the Contest Entities to use Winner's name, Entry, Video, prize won, address, photograph, testimonial or other likeness and/or prize information or personal exposition (and/or any edited position thereof) video tape, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
Entrants and Voters agree to these Official Rules and the decisions of the Sponsor, TikTok and the Contest Administrator, and release the Contest Entities and their respective parents, subsidiaries, and affiliates, and all other businesses involved in this Contest, as well as the employees, officers, directors and agents of each (collectively, the “Released Parties”), from all claims and liability relating to their participation in the Contest, and the acceptance and use/misuse of any prize offered. Entrants and Voters assume all liability for, and Released Parties shall be held harmless against, any liability for any injury, losses or damages of any kind to persons, including personal injury or death, or injury to property caused or claimed to be caused in whole or in part, directly or indirectly, by participation in this Contest, acceptance, possession, or use/misuse of any prize, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. Released Parties are not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize.
In the event of a dispute over the identity of an Entrant, Entry will be deemed submitted by the Authorized Account Holder of the TikTok account from which the Entry is submitted, and which owns the email address associated with the account. Authorized Account Holder means the natural person to whom the TikTok account is registered. Sponsor may ask any Entrant or potential Winner to provide Sponsor with proof that such party is the authorized account holder of the TikTok account associated with the Entry. Entry materials/data that have been tampered with or altered, or any mass entries or entries generated by a script, macro or use of automated devices are void. The Contest Entities are not responsible for: (i) lost, late, misdirected, damaged or illegible Entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to Entrant's or any other person's computer or mobile device related to or resulting from participating in the Contest. By participating in the Contest, Entrants (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor, TikTok and Contest Administrator, which are final and binding in all matters relating to the Contest. Failure to comply with these Official Rules may result in disqualification from the Contest.
In the event any Entrant, Voter or any other person engages or has engaged in behavior that (as determined by Sponsor in Sponsor's sole discretion) is obnoxious or threatening, illegal, or that tends to annoy, abuse, threaten, disparage or harass any other person, company or organization, including the Sponsor, or is otherwise inappropriate, the Sponsor reserves the right to disqualify the Entrant, voter, or Winner and void any Entries of said person.
Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor. If, for any reason, including COVID-19, the Contest cannot be run as planned, Sponsor may disqualify any suspect entries or individuals from the Contest and any contest it sponsors and (a) suspend the Contest and modify the Contest to address the impairment, then resume the Contest in a manner that best conforms to the spirit of these Official Rules; and/or (b) cancel the Contest and select Winners from among all eligible Entries received prior to cancellation.
THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS CONTEST CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS, PANDEMICS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURRENCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS CONTEST, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE, AS APPLICABLE. FURTHER, SPONSOR SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS, DIVERSIONS, CHANGES IN SERVICE OR ACCOMMODATIONS OR SUBSTITUTIONS, OR FOR ANY ACTS OR OMISSIONS BY ANY THIRD PARTIES BEYOND ITS REASONABLE CONTROL, INCLUDING THIRD PARTY PROVIDERS SUPPLYING ANY SERVICES OR COMPONENTS OF THE PRIZE TO WINNER, OR FOR ANY RESULTING INJURIES, INCLUDING MONEY DAMAGES, COSTS AND EXPENSES, PROPERTY DAMAGES, PERSONAL INJURIES OR DEATH RESULTING THEREFROM.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND LIMITATION OF LIABILITY:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Voters, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
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; (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; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
The parties hereto each agree to finally settle all disputes in the state and federal courts in San Francisco, CA. If an in-person hearing is required, then it will take place in San Francisco county, California.
WINNER CONFIRMATION REQUEST:
For a written confirmation of the Winners (available after June 1, 2022), send a stamped, self-addressed envelope (no later than July 1, 2022), to: The #HowToSayRaos HTC Challenge Winner Confirmation Request, 3700 Franklin St Denver, CO 80205.
RAO’S brand and logos as well as RAO’S product names are trademarks of Rao’s Homemade, Inc. All other trademarks used herein are the property of their respective owners in the United States and abroad. All rights reserved.