The Dylan’s Dares You to Try Our New Tackle Box Sweepstakes Legal Terms & Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
Sweepstakes may only be entered in or from the 50 United States and the District of Columbia and entries originating from any other jurisdiction are not eligible for entry. This Sweepstakes is governed exclusively by the laws of the United States. You are not authorized to participate in the Sweepstakes if you are not located within the 50 United States or the District of Columbia.
- 1. How to Enter. During the Sweepstakes Period (defined below):
- (a) You must request your Tackle Box via a sign-up form, which will appear in advertising on Facebook or Instagram. You will be required to enter your email address, phone number, and address in order to submit a request. Only fifty (50) Tackle Boxes will be provided and will be distributed on a first-come, first-served basis until all Tackle Boxes are awarded. If you are one of fifty (50) entrants to receive a Tackle Box, you will receive an email with tracking information for your Tackle Box. If you do not receive a Tackle Box, you will not be able to participate in the Sweepstakes and will not be eligible to win a prize. Limit one (1) Tackle Box per person.
- (b) Once you receive your Tackle Box, take three (3) videos, between 00:15 and 00:90 seconds in length each, of you engaging in the following activities (one video per activity) (each a “Video”):
a. Unboxing the Tackle Box
b. Spinning the Dare Wheel and trying the surprise sweets inside the Tackle Box
c. Reacting to the wacky treats
- You can also capture up to seven (7) additional videos of you engaging in the foregoing activities.
- (c) Email us your Videos at firstname.lastname@example.org during the Submission Window (defined below).
- (d) Post your videos on Instagram or TikTok during the Submission Window, as follows:
- a. Via Instagram: Access the Instagram application on your mobile device and follow the links and instructions to become a follower of @dylanscandybar. Post the Videos with the hashtag #DylansDaresYou and #Sweepstakes and tag @dylanscandybar. If your submissions are made via the Stories or Reels functions, tags and hashtags must be included on an overlay on your Video and must remain on screen for the entirety of the video. You must make sure the “Photos Are Private” option in the account settings on your Instagram account is set to “OFF”. You must have an Instagram app and account to enter via this method. If you do not have the Instagram app, you may download it through the application store on your device. The Instagram app is free.
- b. Via TikTok: Access the TikTok application on your mobile device and follow the links and instructions to become a follower of @dylanscandybar. Post the Videos with the hashtag #DylansDaresYou and #Sweepstakes and tag @dylanscandybar. Tags and hashtags must be included on an overlay on your Video, in addition to the caption, and must remain on screen for the entirety of the video. You must have a TikTok app and account to enter via this method. If you do not have the TikTok app, you may download it through the application store on your device. The TikTok app is free.
You will receive one (1) entry for each unique Video that you submit in compliance with these Official Rules, with a minimum of three (3) entries and a maximum of ten (10) entries. Duplicate entries will not be accepted.
Standard data fees may apply. You should consult your wireless service provider's pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. You should also check your device's features for capabilities and check the device manual for specific use instructions.
All entry information, Captions, Photos, and posts shall be collectively referred to herein as the “Submissions” or each as a “Submission.” Submissions must comply with the Guidelines and Restrictions defined below.
By entering, each entrant warrants and represents the following with respect to entrant’s Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission will not infringe on any rights of any third parties; and (c) any third parties appearing in the Submission have given entrant appropriate consent to be photographed and used as permitted herein. Sponsor reserves the right to request releases from any third parties appearing in any Submissions at any time. Failure to produce third party-releases upon Sponsor’s request may result in disqualification, as determined by Sponsor in its sole and absolute discretion.
Providing 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, in perpetuity, and to incorporate it into other works, in any form, media, or technology now known or later developed, for any purpose whatsoever, including for promotional or marketing purposes.
Limit ten (10) Submissions per person regardless of method of entry. Duplicate Submissions by the same person will be subject to disqualification. All terms and conditions of Instagram and TikTok apply. Multiple entrants are not permitted to share the same TikTok or Instagram account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different TikTok or Instagram 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 TikTok or Instagram account, the authorized account holder of the email address used to register on the platform 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 for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
All entries, Submissions, and Videos become the sole and exclusive property of the Sponsor upon submission, and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted, or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human, or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Sweepstakes.
2. Sweepstakes Entry Start/End Dates. Sweepstakes begins at 05:00 AM Pacific Time (“PT”) on August 29, 2023, and ends at 11:59 PM PT on September 29, 2023 (“Sweepstakes Period”). Videos must be emailed and uploaded to Instagram or TikTok between 12:01 AM PT on August 29, 2023, and 11:59 PM PT on September 29, 2023 (the “Submission Window”).
3. Eligibility. Participation open only to legal residents of the fifty (50) United States and the District of Columbia, who are at least eighteen (18) years of age and the age of majority in their state of residence. Void outside of the 50 United States, the District of Columbia, and where prohibited, taxed, or restricted by law. Employees, officers, and directors of Dylan’s Candy Bar, LLC (“Sponsor”) and its parent company, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of promotion materials, and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees, officers, and directors are not eligible to enter. You are not authorized to participate in the Sweepstakes if you are not located within the 50 United States or the District of Columbia. All federal, state, and local laws and regulations apply.
4. Submission Guidelines and Content Restrictions: By entering the Sweepstakes, each entrant agrees that entrant’s Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant or Submission from the Sweepstakes if it believes, in its sole discretion, that the entrant’s Submission fails to conform to the Guidelines and Restrictions.
• The Submission must be between 00:15 and 00:90 seconds in length.
• The Submission must be primarily in English.
• The Submission must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity, or any other intellectual property rights.
• The Submission must not disparage Sponsor or any other person or party.
• The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous, or libelous.
• The Submission must not contain material that 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.
• The Submission must not contain material that is unlawful, in violation of, or contrary to the laws or regulations of the United States or of any jurisdiction where Submission is created.
• The Submission must be consistent with the image and values of Sponsor and be consistent with and satisfy the purpose of the sweepstakes.
Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in entrant’s Submission. Each entrant understands and agrees that he/she shall not have any claim against any other entrant or Sponsor arising out of any such similarity or be entitled to any compensation because of any such similarity.
Sponsor’s decisions are final and binding in all matters relating to this Sweepstakes, including, but not limited to, interpretation and application of these Official Rules. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Sweepstakes.
5. Random Drawing/Odds. Fifty (50) entrants will receive a Tackle Box on a first-come, first-served basis. Odds of receiving a Tackle Box are one in fifty (1/50) until all Tackle Boxes are awarded. Winner(s) will be selected in a random drawing from all eligible entries received on or about October 9, 2023. Odds of winning a Grand Prize depend on the number of eligible entries received for the drawing. Drawing will be conducted by a representative of Sponsor. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Sweepstakes.
Fifty (50) entrants will receive one (1) Dylan’s Candy Bar Tackle Box, including a selection of candy items and a spin wheel. Total approximate retail value (“ARV”) of each Tackle Box is $30.
One (1) Grand Prize(s): $1,000 in cash. Approximate retail value (“ARV”) of Grand Prize: $1,000
Total ARV of all prizes combined: $2,500. Prize(s) is/are non-transferable. No substitutions or cash redemptions. In the case of unavailability of prize, Sponsor reserves the right to substitute a prize of equal or greater value. All taxes and unspecified expenses are the responsibility of winner(s). Limit one prize Tackle Box per person or household.
All federal, state, and local taxes, fees, and surcharges on any prize are the sole responsibility of winner of the prize. 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 his/her 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.
7. Notification. Potential Grand Prize winner(s) will be notified on or about October 9, 2023, and may be required to sign and return, where legal, an Affidavit of Eligibility, Liability/Publicity Release, and/or rights transfer document within five (5) calendar days of receipt. Additionally, winner(s) shall be required to obtain releases from any and all third parties appearing in their respective Submissions. If potential winner is considered a minor in his/her jurisdiction of residence, Affidavit of Eligibility, Liability/Publicity, and rights transfer document must be signed by his/her parent or legal guardian.
If any potential winner cannot be contacted within five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any potential winner rejects his/her prize, or in the event of noncompliance with these Sweepstakes rules and requirements, such prize will be forfeited and may be awarded to an alternate (time-permitting). Upon prize forfeiture, no compensation will be given.
8. Conditions. BY PARTICIPATING, ENTRANTS AND WINNERS AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, FACEBOOK, INSTAGRAM, TIKTOK, AND THEIR ADVERTISING AND PROMOTIONS AGENCIES AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS, AND DIRECTORS (COLLECTIVELY, “RELEASED ENTITIES”), FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST, OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY, AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN SWEEPSTAKES, OR POSSESSION, ACCEPTANCE, AND/OR USE OR MISUSE OF PRIZE OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION. Any and all federal, state, and local taxes are the sole responsibility of the winners. Participation in Sweepstakes and acceptance of prize constitutes each winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, and/or any statements made by each winner regarding the Sweepstakes or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. Entrants who do not comply with these Official Rules or attempt to interfere with this Sweepstakes in any way shall be disqualified. Sponsor is not responsible if Sweepstakes cannot take place or if any prize cannot be awarded due to travel cancellations, delays, or interruptions due to acts of God, acts of war, natural disasters, weather, or acts of terrorism.
9. Additional Terms. Any attempted form of entry other than as set forth above is prohibited. No automatic, programmed, robotic, or similar means of entry are permitted. Released Entities are not responsible for technical, hardware, software, telephone, or other communications malfunctions, errors, or failures of any kind, lost or unavailable network connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled, or delayed computer transmissions which may limit one’s ability to enter the Sweepstakes, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend, or suspend this Sweepstakes should (in its sole discretion) 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 Sweepstakes. In such case, Sponsor may select the winners 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 it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or website. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten, or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
10. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO AND/OR USE OF ANY SITES ASSOCIATED WITH THE SWEEPSTAKES AND/OR THE SWEEPSTAKES ITSELF AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY SITES ASSOCIATED WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
11. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to New York County in the State of New York. The parties agree not to raise the defense of forum non conveniens.
13. Name of Winner/List of Winners. To obtain a list of winners, send a request by October 31, 2023, to: email@example.com
14. Sponsor. Dylan’s Candy Bar, LLC. 1065 Avenue of the Americas, 10th Floor, New York, NY 10018
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INSTAGRAM, OR TIKTOK. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO INSTAGRAM OR TIKTOK.