Takis® Waves Sweepstakes
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility:The Takis® Waves Sweepstakes(the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least thirteen (13) years old at the time of entry. Eligible minors must obtain their parents or legal guardians permission prior to participating. Employees of Barcel USA, LLC., TPN Holdings LLC, and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Barcel USA, LLC, 301 S. Northpoint Dr. Suite 100 Coppell, TX 75219. Administrator:TPN Holdings LLC, 225 N. Michigan Ave, Suite 2310, Chicago, IL 60601.
3. Timing: The Sweepstakes begins on March7, 2022 at 12:00 a.m. Eastern Time ("ET") and ends on March21, 2022 at 11:59 p.m. ET (the "Promotion Period").TikTok's servers are the official time-keeping devices for the Sweepstakes.
4. How to Enter: Entrants may enter by posting on TikTok OR by entering by submitting a Mail-in Entry.
A. Entry on TikTok:
Entry Requirements: During the Promotion Period, take the following actions to receive one (1) entry:
• (1) Follow @TakisUSA on TikTok;
• (2) Locate the Sweepstakes post and click on the Takis Waves sound at the bottom of the post;
• (3) Create a video of yourself (only) using the Takis Waves sound in your video;
• (4) Post your video on TikTok and include #TakisWaves and #Sweepstakes in the caption;
• (5) Your post must also comply with the Entry Content Restrictions stated below to receive an “Entry.” Failure to comply with any of the above requirements will result in disqualification of you and your Entry.
Content Restrictions for your Entry:
· Your video must be your original work;
· Your video must not include any other individuals;
· Your video must be in English;
· Your video must include the Takis Waves sound;
· Your video must not disparage Sponsor or any other parties;
· Your video must not make references to or include: alcohol, illegal drugs, tobacco, or firearms/weapons, any activities that are or appear to be dangerous, or any political agenda;
· Your video may not be indecent, obscene, sexually explicit, hateful, promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and
· Your video may not be tortious, defamatory, libelous, disparage Sponsor or any other person or party, or contain material that is unlawful in any way.
By posting a video on TikTok that conforms to all of the above requirements, you will receive one (1) Sweepstakes entry. Sponsor, in its sole discretion, may disqualify any post that it finds unlawful, or in violation of these Official Rules. Note: The content of your TikTok video will not be judged and therefore will not increase or decrease your chances of winning a prize.
B. Enter By Mail-In: To enter without creating or posting a video on TikTok, hand print your name, address, phone number, email address, and date of birth on a 3" x 5" piece of paper and mail it in an envelope with proper postage to “Takis Waves Sweepstakes,”PO Box 1597
Roanoke, TX 76262. You will receive one (1) entry into the Sweepstakes. Limit: One (1) Mail-In Request per envelope. All mail-in entries must be handwritten and must be postmarked by March21, 2022 and received by March25, 2022. All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified.
EntryLimit: You may enter up to one (1) time per day during the Promotion Period by any combination of the entry methods. Each video you post must be unique to qualify as an entry. Multiple entrants are not permitted to share the same TikTok account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different TikTok accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the TikTok account used to register 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 used to create the TikTok account. Potential winner may be required to show proof of being an authorized account holder. Released Parties (as defined in Section 8, below) are not responsible for lost, late, unreceived, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions or failure to receive Submissions due to limitation of third-party social network platforms all of which will be void.
5. Sponsor’s Use of Social Post Content: Posting a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission.
6. Prize Drawing: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Sweepstakes Grand Prize winner from all eligible entries received during the Promotion Period, on or around March26, 2022. Subject to a review of the potential Grand Prize winner’s TikTok account (if winner entered through TikTok) to confirm that the potential winner has not engaged in public conduct that could damage the reputation of or reflect unfavorably on Sponsor, Celebrities (defined below), or any of the Released Parties, as determined by Sponsor in its discretion, the potential winner will be notified. Potential winner will be notified by @TakisUSA on TikTok and will be directed to a secure online claim form and asked to provide his/her name, email address, mailing address and date of birth to confirm eligibility and for prize fulfillment purposes within 3 days of the date notice or attempted notice is sent into order to claim the prize. Potential Grand Prize winner (or parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return a prize acceptance document confirming acceptance of the prize which must be received by Administrator within four (4) days of the date notice or attempted notice is sent, in order to claim the prize. If the potential winner cannot be contacted, fails to sign and return the Declaration or provide any other requested information, within the required time period (if applicable), or the prize is returned as undeliverable, the potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event thatthe potential Grand Prize winner forfeits the prize or is disqualified for any reason, Sponsor will award the prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the applicable Grand Prize will remain un-awarded. Unclaimed First Prizes will not be awarded.
7. Prize (1):Winner will receive a beach vacation, awarded in the form of travel gift cards. Approximate Retail Value (“ARV”) of prize is $10,000.
Prize is non-transferable and no 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. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning depend on the number of eligible entries received during the Promotion Period. Prize will be fulfilled approximately 4-6 weeks after the conclusion of the Sweepstakes.
8. Release: By receipt of any prize, winners agree to release and hold harmless Sponsor, Administrator, TPN Holdings LLC, TikTok, Inc., and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or useor misuse of any prize.
9Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, prize information, likeness, Submission, photograph (including, without limitation, winner's TikTok profile photo), voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
10.General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Sweepstakes, 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 Sweepstakes, including but not limited to fulfillment of the prize, as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance and may modify the prizes offered herein. 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 Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes 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.
11.Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (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 Sweepstakes or receipt or useor misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, not received, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, 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.
14. Winner’s Name:For the winner’s name, visit www.takis.us.The winner list will be posted after winner confirmation is complete and will be available until May 5, 2022.
This promotion is in no way sponsored, endorsed or administered by, or associated with, TikTok, Inc.
Abbreviated Disclosures for Advertising
Abbreviated Rules for TikTok (posts):
Include copy overlay on Video with the following disclosure language (in font size and color that is easily readable):
No Purchase Necessary, US/DC only 13+, See Official Rules in bio for alternate method of entry and all other details, Enter by3/21/22.
Rules for online Ads – Not a Banner
NO PURCHASE NECESSARY. Legal residents of the 50 U.S. & D.C., 13 +. Ends 3/21/22. See Official Rules in bio or direct consumers to where to find them, for how to enter by mail, entry details, prize details & odds.Void where prohibited.