ROB’S BACKSTAGE POPCORN LLC – PRIZE PROMOTION
NO PURCHASE IS NECESSARY TO ENTER OR WIN.
A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
- Eligibility: This prize promotion (the “Promotion”) is open only to those who post a video or picture of themselves with a bag of Rob’s Backstage Popcorn in a Walmart location on any of Twitter, Instagram, or Tik Tok with the hashtag #SecuredTheBagAtWalmartContest, tagging @robspopcorn where appropriate. Winners of the Promotion must be at least 18 years of age as of the date of entry, unless otherwise required by an applicable state’s contest and promotion laws. The Promotion is only open to legal residents of the United States and is void where prohibited by law. Employees of Rob’s Backstage Popcorn LLC (the “Sponsor” or “Rob’s”), their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers, and their immediate family members and/or those living in the same household of each are not eligible to participate in the Promotion. The Promotion is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
- Agreement to Rules: By participating in the Promotion, you agree to be fully and unconditionally bound by these rules (the “Rules”), and you represent and warrant that you have read these Rules in full and meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Sponsor as final and binding as it relates to the Promotion content. The Promotion and these Rules are subject to all applicable federal, state, and local laws.
- Promotion Period: Entries will be accepted online starting on or about April 21, 2022 and ending May 8, 2022. All entries must be received by 11:59PM EST on that end date. Winners will be announced on or about May 10, 2022.
- How to Enter: To enter into the Promotion, you must (i) post a video or picture of yourself (ii) with a bag of Rob’s Backstage Popcorn (iii) in a Walmart location (iv) on any of Twitter, Instagram, or Tik Tok (v) with the hashtag #SecuredTheBagAtWalmartContest, tagging @robspopcorn where appropriate. The entry must fulfill all Promotion requirements, as specified in items (i) through (v) and elsewhere in these Rules, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sponsor. Only one photo or video submission from each participant will be considered, though multiple submissions are permitted. If you post more than one photo or video, only the most recent photo or video will be considered. Multiple submissions from a single participant will not increase your chances of winning. You may not enter more considerable submissions than indicated by using multiple social media accounts, posts, identities, or devices to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Sponsor. Your social media accounts must be set to the “public” setting in order to participate. By entering, you agree that Sponsor may contact you via social media, including on Instagram, Tik Tok, or Twitter, by sending you a direct message, tagging you, posting to your social media page or naming you on Sponsor’s social media page. Normal internet access, phone, and usage charges imposed by your online or phone service may apply.
You represent and warrant that your video or photo submission will not infringe, misappropriate, or violate the rights of any third party, including, without limitation, any intellectual property rights or any rights of privacy or rights of publicity. If the entry contains an identifiable person other than the participant who submitted the entry, by submitting the entry, you represent and warrant that you have obtained the consent of such person to the use of the entry as outlined herein and such person may be required to provide written consent to the Sponsor’s use of the entry. You agree to indemnify and hold the Sponsor harmless from any and all third-party claims, damages, liabilities, losses, documented and out-of-pocket expenses and costs (including reasonable fees and expenses of outside attorneys and other professionals actually incurred) arising out of or resulting from any action by a third party against the Sponsor due to your video or photo submission.
Entries in the Promotion may not contain material which is (or promote activities which are) in Sponsor’s sole discretion, hateful, slanderous, libelous, tortious, sexually explicit, obscene, pornographic, inappropriate, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or contain material that is threatening to any person, place, business, group or world peace; or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; or contain images, words or text portraying nudity, acts of violence, or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any state where the entry is created in their application.
- Prizes: A winner will receive one of the following (for the avoidance of doubt, an individual may only win one (1) of the following prizes, and winning one prize does not include any prizes of a lower or higher tier), in order of and based on the criteria specified in Paragraph 8 below, as determined by the Sponsor in its sole discretion: (i) One (1) Grand Prize: the winner and one (1) friend will be flown to Las Vegas for a VIP experience at one of the Jonas Brothers’ Vegas shows (expenses paid by Sponsor include and are limited to airfare for the winner and one (1) other person, a one (1) night hotel stay in Vegas, transportation to and from airports, three (3) meals per person during the Vegas stay, and transportation to and from venue – all expenses subject to reasonable and discretionary limits set by Sponsor); (ii) One (1) Video Prize: the winner will attend a video call with the Jonas Brothers; (iii) Two (2) Stringed Prizes: each winner will receive one (1) signed guitar from the Jonas Brothers; (iv) Twenty-Five (25) Bag Prizes: each winner will receive a signed bag of Rob’s Backstage Popcorn; and (v) Fifty (50) Swag Prizes: each winner will receive Rob’s Backstage Popcorn merchandise. The collective fair market value of the prizes is less than $4,999.99. The specifics, value and delivery method of the prize shall be solely determined by the Sponsor. Any prize depiction is for illustrative purposes only and should not be relied on. Winners of the prizes must accept delivery of the prize in the method solely determined by the Sponsor. No cash or other prize substitution is permitted except at Sponsor's discretion. The prize is non-transferable. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes and travel (except where explicitly provided) shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted; provided however that Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes or components of a prize. Acceptance of prize constitutes permission for Sponsor to use winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
- Inapplicability of Promotion Odds: As the Promotion is a competition of skill, rather than chance, your odds of winning cannot be calculated. The ease or difficulty of winning depends on the number, quality, creativity, and eligibility of participant entries.
- Winner selection and notification: Winners of the Promotion will be selected in the Sponsor’s sole discretion based on the criteria laid out in Paragraph 8 below. Sponsor reserves the right to conduct a background check on any winner and may disqualify any person based on such background check if Sponsor determines in its sole discretion that awarding the prize to such prospective winner might reflect negatively on Sponsor, its affiliates, or the Promotion. Winners will be notified via their direct messages on the social media account that posted the submission within five (5) days following the winner selection. Sponsor shall have no liability for a winner's failure to receive notices due to winners' spam, junk, block, or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 48 hours from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, prize may be forfeited and an alternate winner selected. Any expense or cost not expressly included in the description of the prizes is the sole responsibility of the winner. Winners must sign and return any required Affidavit of Eligibility, Affirmation, and Release within two (2) days of the date notice is sent or such other date set by Sponsor. Failure to respond within the applicable time will result in forfeiture of prize, and Sponsor shall have the option to award the prize to an alternate winner. The return of any prize notification or prize as undeliverable may result in disqualification and alternate winners may be selected. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED AND PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
All income taxes resulting from acceptance of prize are the responsibility of winners. Winners of prizes with a value of $600 or more will be issued an IRS Form 1099-MISC early in the year following the year in which prize was awarded for filing with their federal and state tax returns. Sponsor complies with all tax reporting requirements. The amount of any tax liability will vary depending on winner’s tax bracket.
The receipt by a winner of the prize offered in this Promotion is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE PROMOTION AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
- Winner Selection Criteria: The winners of the Promotions will be selected by Rob’s based on:
- -Creativity and originality of photo or video submission;
- -Costumes, props, and add-ons contained in the photo or video submission; and
- -Prominence of the bag of Rob’s Backstage Popcorn (no purchase required).
9. Rights Granted by you: By entering this Promotion, you understand that Rob’s, anyone acting on behalf of Rob’s, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your photo or video entry, including, without limitation, the photo or video entry and winner's name, portrait, picture, voice, likeness, image or statements about the Promotion, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation. By participating and/or accepting a prize, you acknowledge and agree to release and hold harmless Sponsor, Sponsor’s advertising and promotional agencies, the Jonas Brothers, Walmart Inc., Generation 195 Ltd., and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers, and directors from any and all liability for loss, harm, damage, injury, cost, or expense whatsoever, including, without limitation, property damage, personal injury, and/or death that may occur in connection with, preparation for, travel to, or participation in the Promotion, or participation in, possession, acceptance, and/or use or misuse of any prize or participation in any Promotion-related activity, including, but not limited to, any claims based on publicity rights, defamation or invasion of privacy, and merchandise delivery.
10. Terms: Rob’s reserves the right, in its sole discretion to cancel, terminate, modify, or suspend the Promotion should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Promotion. In such case, Sponsor may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Promotion or website or violates these Rules.
Sponsor has the right, in its sole discretion, to maintain the integrity of the Promotion, to void entries for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by these Rules; or the use of bots, macros or scripts or other technical means for entering.
Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Promotion may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
- Limitation of Liability: By entering you agree to release and hold harmless Rob’s, the Jonas Brothers, Walmart Inc., Generation 195 Ltd., and their respective subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant's participation in the Promotion and/or his, her, or their acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
- Disputes: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF DELAWARE, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, participant agrees that any and all disputes which cannot be resolved between the parties and causes of action arising out of or connected with this Promotion, shall be resolved individually, without resort to any form of class action, exclusively before a court located in the State of Delaware having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with entering this Promotion), and participant further waives all rights to have damages multiplied or increased.
- 14. Winners List: To obtain a copy of the winner's name or a copy of these official Rules, mail your request along with a stamped, self-addressed envelope to: Rob’s Backstage Popcorn LLC, 2250 Union Street, San Francisco, CA 94123. Requests must be received no later than June 10, 2022. Individual winners may request anonymity, in which case their name will be redacted in any response to such a request.
- Sponsor: The Sponsor of the Promotion is Rob’s Backstage Popcorn LLC, 2250 Union Street, San Francisco, CA 94123.
- Releases: The Promotion is in no way sponsored, endorsed, or administered by Twitter, Instagram, Tik Tok, or any of their affiliates or representatives (“Social Media Platforms”). You and the Sponsor each hereby release the Social Media Platforms from any and all injuries, losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind relating to the Promotion.