Official Rules & Prizes
The top 20 beats with the most likes by August 3, 2021, will each receive a prize pack with the complete line of SweeTARTS candies.
Award–winning artist Christina Aguilera will listen to the top 20 beats and select the winner based on 40% Use of Instrumental Beats; 30% Talent Exhibited; and 30% Originality/Creativity.
The winner will get a virtual one-on-one studio session with Christina Aguilera and the opportunity to turn their winning beat into a full track.
THE SWEETARTS SWEETBEATS™ PROMOTION OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. MANY WILL ENTER, FEW WILL WIN.
- CONTEST PERIOD: The SweeTARTS SweetBEATS Promotion (the “Contest”) starts July 13, 2021 at 12:00 a.m. Pacific Time (“PT”) and ends August 3, 2021 at 11:59 p.m. PT (the “Contest Period”).
- ELIGIBILITY: The Contest is open only to legal residents of the 50 United States, including the District of Columbia, who are thirteen (13) years of age or older as of date of entry. Minors must have parental or legal guardian permission to enter. Employees, officers and directors, of Ferrara Candy Company (the “Sponsor”), Don Jagoda Associates, Inc. (the “Administrator”), Day One Perspective, LLC d/b/a The Day One Agency, Wildlife Design Inc., Duncan Channon, Golin, Sponsor’s advertising, public relations, promotional agencies, Christina Aguilera (the “Artist”), and any other entities involved in the administration, execution, judging or fulfillment of the Contest (collectively the “Contest Parties”), and the immediate family members of such employees/officers/directors (defined as parents, spouses, children, siblings whether biological, adopted, “step,” or in-law) and those living in the same household of such employees/officers/directors, are not eligible to enter or win a prize in the Contest. Employees, officers and directors of any of the affiliates, parents, subsidiaries, divisions, suppliers, distributors of said Contest Parties are also not eligible to enter or win a prize in the Contest, nor are their immediate family members or household members. Void where prohibited by law. Contest is subject to all applicable federal, state and local laws. By entering, you (and your parent/legal guardian if a minor in your state of residence) agree to these Official Rules and the decisions of the Sponsor and judges, which are final and binding in all respects.
- HOW TO ENTER: If you are a minor, your parent or legal guardian must consent to you entering this Contest prior to Entry. During the Contest Period, you may visit www.makeseweetbeats.com (the “Site”) to create your own original “sweet beat” audio track (the “Track”) using the Site’s tool. In order to receive one (1) entry (the “Entry”) into the Contest, you will have to register by creating an account or logging in if you have an existing account to save and submit your Track.
There is no limit to the number of Entries you may submit, but all Entries must be unique. Only the authorized person associated with the upload of the Entry will be deemed the entrant (the “Entrant”). In the event of a dispute as to the identity of an Entrant, the authorized account holder of the email address used to enter will be deemed to be the Entrant. If the authorized account holder of the email address account denies being the Entrant, the Entry will be disqualified. The Entry must: 1) be complete to be eligible; 2) be the work Entrant. Sponsor has the sole discretion to determine whether a Track qualifies as an Entry. Any Entry not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified. By entering, you (and your parent/legal guardian if a minor in your state of residence) understand and agree that your Entry may (in Sponsor’s sole discretion) be posted online for the public to view on any and all websites including without limitation Sponsor-selected sites and sites related to Artist. As applicable, normal Internet/phone access and data/usage charges imposed by Entrants’ online/mobile service will apply.
- ENTRY REQUIREMENTS: By submitting an Entry, you (and your parent/legal guardian if a minor in your state of residence) hereby acknowledge and agree that your Entry, and all right, title and interest therein, becomes the property of the Sponsor (and full ownership is assigned to them) with no further compensation provided or owed to you, as Entrant or winner. You (and your parent/legal guardian if a minor in your state of residence) hereby expressly disclaim any interest in the Entry and agree not to assert any moral rights under applicable copyright or other comparable law. Further, you hereby grant the Sponsor all rights and ownership to the Entry so they may edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse your Entry, name, Track, and biographical material including, but not limited to, all materials submitted in connection with the Contest in any and all media, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to participant or any third party and participant agree to execute any necessary documents confirming such rights and ownership at Sponsor’s reasonable request.
Automated, script, macro or robotic Entries submitted by individuals will be disqualified. Entries may be posted on the Sponsor’s website or the Site and/or Artist’s sites and may be posted on other non-affiliated websites, in Sponsor’s sole discretion. Any Entry not in compliance with the above or which does not otherwise meet the requirements of these Official Rules will be disqualified. Any Entry which is determined to contain, or potentially contain, infringing content, may be disqualified by Sponsor, in such parties’ discretion. By participating, Entrants (or their parent/legal guardian if the Entrant is a minor in their state of residence) agree to these Official Rules and the decisions of the Sponsor/Judges (as applicable), which shall be final and binding in all respects.
- PUBLIC VOTING TO DETERMINE FINALISTS: Entries will be posted to the Site throughout the Contest Period and eligible individuals (defined as legal U.S./D.C. residents, 13 years of age or older) who visit the Site can vote for their favorite Entry (each, a “Vote”). There is a limit of one Vote per person/email address per Entry. The top twenty (20) Finalists with the highest number of valid Votes (as determined by Sponsor in its sole discretion) will be deemed the Finalists. In the event of a tie, Sponsor will determine from the tied Finalists which Finalists will move on based on the judging criteria listed below and the Finalist with the highest judging score will proceed to the next round. NOTE: Any attempt to use multiple e-mail accounts or other tactics to vote more than the stated limit may result in disqualification and all associated Votes will be void. Votes generated by script, macro, bot, commercial contest subscription, incentives or sweepstakes not sponsored by Sponsor, vote-swapping sites, voting software, entering service sites or any other automated means and Votes by any means that subvert the voting process or do not conform to the spirit of these Official Rules will void those Votes and may disqualify the Entry. Sponsor reserves the right to disqualify any person tampering with the voting process and to disqualify and void any Votes that were submitted by fraudulent means or were otherwise in violation of the Official Rules, as determined by Sponsor in their sole discretion.
- GRAND PRIZE JUDGING/DETERMINATION: One (1) Grand Prize winner will be determined from among all eligible Finalists by the Artist, whose decision is final on all matters relating to the Contest, based on the following criteria: 40% Use of Instrumental Beats; 30% Talent Exhibited; and 30% Originality/Creativity (collectively, the “Judging Criteria”). In the event of a tie score, the tied Entries will be re-judged based solely on Use of Instrumental Beats.
- PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): Grand Prize (1): A virtual one-on-one studio session with Christina Aguilera via video chat on or around the week of August 23, 2021 (the “Video Chat”) for up to 45 minutes of advice to help produce the Extended Track. There is no retail value associated with the Grand Prize. Finalist Prizes (20 total): A SweeTARTS prize pack (ARV: $27 each). The Grand Prize winner will not receive any payment for the session and he/she/they do not have any rights to the contributions they have made as part of the Contest, and do not own the song (all rights to the song are owned by Sponsor). There is a limit of one (1) Finalist Prize per person.
Grand Prize winner understands that the Video Chat may be recorded by Sponsor and may be posted on various mediums, including but not limited to, Sponsor’s social media channels, and other Sponsor-selected websites. Only Grand Prize winner may attend the Video Chat. All details including day/time of Video Chat are in Sponsor’s sole discretion and must be used on date/time specified or prize will be forfeited. Grand Prize winner may not record or photograph the Video Chat.
- GENERAL: Once the Grand Prize winning Entry has been determined, Sponsor and/or Artist may change and/or modify, as appropriate and re-master in order to produce an “Extended Track” and winning Entrants must agree that Sponsor and/or Artist may do so, in their sole discretion. Judges’ decisions are final and not appealable with respect to all matters relating to the Contest. Potential Grand Prize winner will be notified via email (or email link). Potential Grand Prize winner (or their parent/legal guardian if they are a minor in their state of residence) will be required to sign and return a Declaration of Eligibility and liability and publicity release (where legal) and assignment of rights (“Declaration”), except where prohibited, within forty-eight (48) hours of notification. If the potential Grand Prize Winner fails to return the completed Declaration within forty-eight (48) hours, or if Declaration is returned as undeliverable or if the potential Grand Prize Winner is deemed ineligible, an alternate Grand Prize Winner may be determined based on the next highest score. If applicable, Sponsor reserves the right to conduct a background check on the winners and reserves the right in its sole discretion to disqualify any winner based on the results of such background check, if Sponsor determines in its sole discretion that awarding the prize to such winner might reflect negatively on Sponsor. Factors that would result in disqualification of a winner include, without limitation, any winner having been convicted of a felony or misdemeanor, being delinquent on a government ordered payment, such as child support, spousal support, alimony, tax payments, etc. Finalists (or their parent/legal guardian if they are a minor in their state of residence) will be notified via email and will be required to follow the instructions to confirm his/her/their mailing address and eligibility forty-eight (48) hours of notification attempt or prize will be forfeited and an alternate Finalist will be determined based on next highest score. Finalist Prizes will be delivered in approximately 3-4 weeks after verification. Prizes are not transferable and may not be substituted or redeemed for cash. In case any prize becomes unavailable, Sponsor reserves the right to substitute a prize of equal or greater value. Unclaimed prizes may not be awarded. Sponsor reserves the right to disqualify any person who tampers with the entrance process or who fails to conduct him/herself in a proper or sportsmanlike manner, as determined solely by Sponsor. Winners and all Entrants (or their parent/legal guardian if they are a minor in their state of residence), as a condition of entry into the Contest, agree to release and hold harmless all of the Contest Parties and each of their respective agencies, parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development and execution of the Contest (collectively the “Released Parties”) from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with submitting an Entry or otherwise participating in any aspect of the Contest, the receipt, ownership or use of any prize awarded or any typographical or other error in these Official Rules or the announcement or offering of the prizes. Entrants assume all liability for any injury or damage caused, or claimed to be caused by participation in the Contest or use or redemption of the prizes or participation in any event associated with the Contest or with any prize. Acceptance of prize constitutes permission to use winners’ names, likenesses, Entries (including any possible public relations opportunities) without further compensation, except where prohibited by law. By entering, Entrants accept and agree to be bound by these Official Rules. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Contest; violates these Official Rules; acts in an unsportsmanlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any other person. The Released Parties are not responsible for lost, late, misdirected, incomplete or damaged Entries or communications. The Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network or telephone connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic/telephone communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in the Contest which may limit the ability to participate, or by any human error which may occur in the processing of the Entries in the Contest. Sponsor reserves the right to cancel, terminate or modify the Contest if it cannot be completed as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or corruption of any sort. In such event, Sponsor will select the Finalists from eligible Entries received prior to cancellation (if voting is cancelled) or just proceed with voting as planned and determine the winners from those Finalists as outlined above. As a condition of entering the Contest, Entrant (or their parent/legal guardian if the Entrant is a minor in their state of residence) agrees that: 1) under no circumstance will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; 2) all causes of action arising out of or connected with the Contest, or prize awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, but in no event will Entrant be entitled to receive attorneys’ fees or other legal costs.
- DISPUTES: Except where prohibited, Entrant (or their parent/legal guardian if the Entrant is a minor in their state of residence) agrees that: (1) all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded must be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Illinois or the appropriate State Court located in Illinois; (2) all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, 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 all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. 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 Contest, will be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois.
- WINNERS: For the list of Winners (“Winners List”), available for ninety (90) days after August 31, 2021, send an email to: Winners@dja.com with “SweeTARTS SweetBEATS Promotion” as the subject line. Winners List will be sent after the prizes have been awarded.
- SPONSOR/ADMINISTRATOR: The Sponsor of the Contest is Ferrara Candy Company, 404 W Harrison Street, Suite #650, Chicago, IL 60607. The Administrator of this Contest is Don Jagoda Associates, 100 Marcus Drive, Melville, NY 11747.