Tootsie Roll Industries, LLC Social Media Giveaway Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
1. Eligibility
Our Giveaways are open only to individuals who are 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. Employees of Tootsie Roll Industries, LLC and other companies associated with the promotion of the Giveaway, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Giveaways are subject to federal, state, and local laws and regulations. Parental consent may be required of entrants who are minors.
2. Sponsor
Our Giveaways are sponsored by Tootsie Roll Industries, LLC (the “Sponsor”), located at 7401 South Cicero Avenue, Chicago, Illinois 60629.
3. Agreement to Official Rules
Participation in the Giveaway constitutes entrants full and unconditional agreement to and acceptance of these Official Rules and to the decisions of the Sponsor, which are final and binding in all respects. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein. One entry per person unless otherwise stated.
4. Prize Drawing and Winner Notification
The Sponsor will select the winner(s) through a random drawing from all eligible entries received. The odds of being selected depend on the number of entries received. The Sponsor will attempt to notify the potential winner via email or the social media platform the Giveaway was presented through, if applicable (the “Notification”). If the United States shipping address of the drawn entrant was not provided in the original entry, the potential winner must respond within fourteen (14) days after the Notification was sent, or the potential winner will be disqualified. If the address was provided on the entry form, the giveaway will be shipped to the shipping address provided in the entry form. Prizes will not be redrawn. The Sponsor may require parental consent for any potential winner who is a minor.
For Giveaways with multiple prizes offered and if the specific prize won is not immediately revealed, the decision of the Sponsor as to the selection of the winner and the prize will be final. Prizes will not be redrawn.
5. Deadlines For Claiming Prizes
For giveaways hosted on a site where the entrant provides their US shipping address, the winner will not need to claim their prize. The prize will be shipped to the address provided in the entrant’s form. For all other giveaways, prizes must be claimed within 14 days and winners should receive their prize within 4 to 6 weeks from the end of the promotion. In case of damage or non-receipt, winners must notify Sponsor within 90 days of originally claiming their prize or the date of the Notification, as applicable.
6. General Conditions
In the event that the operation, security, or administration of the Giveaway is impaired in any way for any reason, including, but not limited to fraud, virus, bug, unauthorized human intervention or other technical problem, or in the event the Giveaway is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, (a) modify the Giveaway in a manner that best conforms to the spirit of the rules without suspending it; (b) suspend
the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules; or (c) terminate the Giveaway and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the
impairment. The 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 Giveaway or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Giveaway may be a violation of criminal and civil
law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorneys’ fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. These Official Rules for the Giveaway are severable, and if any portion is determined invalid or unenforceable by a body of competent jurisdiction, the remaining portions will remain valid, enforceable and in effect to the fullest extent consistent with applicable law.
7. Release and Limitations of Liability
By participating in the Giveaway, each entrant hereby agrees, to the maximum extent permissible under applicable law, to release and hold harmless the Sponsor and its parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Giveaway, social media sites as may be used by the Sponsor in connection with the promotion of the Giveaway, and each of their respective officers, directors, employees, shareholders, representatives, and agents (each a “Released Party” and collectively the “Released Parties”) from and against any claim or cause of action arising
out of participation in the Giveaway or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Giveaway, including
lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite,
telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or
difficulties; (b) unauthorized human intervention in the Giveaway; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Giveaway, including, without limitation, errors that may occur in the administration of the Giveaway, the announcement of the winner, if applicable, the incorrect
downloading of any application, the processing of entries, or in any Giveaway-related materials, including errors in the Official Rules; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Giveaway or acceptance, receipt or misuse of the prize (including any travel or activity related thereto); (g) late, lost or undeliverable emails or Notifications or other physical or electronic submissions.
Each entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Giveaway, and in no event shall the entrant be entitled to receive attorneys’ fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Giveaway. Each entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, incidental, direct, or indirect damages. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. Entrants should check their local laws for any restrictions or limitations regarding the limitations or exclusions. Each entrant agrees that any claims with respect to the giveaway or these terms must be brought within Six (6) months after the cause of action arises, or such claim or cause of action shall be barred.
IF THE ENTRANT IS A CALIFORNIA RESIDENT, ENTRANT WAIVES CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DID NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MAY HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR” (OR ANY EQUIVALENT STATUTORY PROVISION WITH A SIMILAR IMPORT OT INTENT). IF THE ENTRANT IS A RESIDENT OF ANY STATE OTHER THAN CALIFORNIA, ENTRANT EXPLICITLY WAIVES THE TERMS AND PROTECTIONS OF ANY STATUTE OF ENTRANT’S STATE THAT HAS A SIMILAR IMPORT OF INTENT.
8. Disputes
Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Cook County, Illinois. All issues and questions concerning the construction, validity, interpretation and
enforceability of these Official Rules, entrants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of Illinois, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Illinois.
9. Privacy
Physical addresses are collected entirely for giveaway purposes and will not be used beyond prize
fulfillment for the giveaways each entrant has participated in. Names and email addresses may be used to send notification of similar future giveaways or Social Media promotions.
This Giveaway is in no way sponsored, endorsed or administered by, or associated with Meta Platforms, Inc. or any of its affiliates or platforms (“Meta”), including, without limitation Facebook, Instagram, Threads, WhatsApp, and /or any other products, business units, or services. The entrants in the Giveaway hereby agree and acknowledge that (1) they are providing their information in this Giveaway to Sponsor and not to Meta; and (2) Meta is a Released Party under Section 7 (Release and Limitations of Liability) above.
This Giveaway is in no way sponsored, endorsed or administered by, or associated with X Corp., formerly known as Twitter, or any of its affiliates or platforms (“X”). The entrants in the Giveaway hereby agree and acknowledge that (1) they are providing their information in this Giveaway to Sponsor and not to X; and (2) X is a Released Party under Section 7 (Release and Limitations of Liability) above.
This Giveaway is in no way sponsored, endorsed or administered by, or associated with ByteDance Ltd or any of its affiliates or platforms, including, without limitation TikTok (“ByteDance”). The entrants in the Giveaway hereby agree and acknowledge that (1) they are providing their information in this Giveaway to Sponsor and not to ByteDance; and (2) ByteDance is a Released Party under Section 7 (Release and Limitations of Liability) above
13 . Request for Winners’ List
For the winners’ names available the close of the Giveaway, send an email to tootsie@tootsie.com with “Giveaway Promotion” in the subject line.
Any questions, contacts, or notices to the Sponsor regarding the Giveaway may be directed to:
tootsie@tootsie.com with “Giveaway Promotion” in the subject line
or
Tootsie Roll Industries, LLC
7401 South Cicero Avenue
Chicago, Illinois 60629
Attention: Tootsie Roll Giveaway Promotion