MY/MOCHI NATIONAL ICE CREAM MONTH CAMPAIGN
TERMS AND CONDITIONS
NO PURCHASE NECESSARY TO PARTICIPATE. INTERNET ACCESS, A VALID E-MAIL ADDRESS AND EITHER AN ACTIVE AND PUBLIC FACEBOOK ACCOUNT, INSTAGRAM ACCOUNT, TIKTOK ACCOUNT OR TWITTER ACCOUNT ARE REQUIRED TO PARTICIPATE. You may sign up for a FREE Facebook Account at www.facebook.com, a FREE Instagram account at www.instagram.com, a FREE TikTok account at www.tiktok.com or a FREE twitter account at www.twitter.com. The MY/MOCHI NATIONAL ICE CREAM MONTH CAMPAIGN (“Campaign”) begins on or about 12:00:01 AM Pacific Time (“PT”) on July 1, 2021 and ends at 11:59:59 PM PT on July 31, 2021 (“Campaign Period”).
ELIGIBILITY: This Campaign is open to legal residents of the 50 United States and the District of Columbia, 13 years of age or older (individually defined as “Participant” and collectively defined as “Participants”). Employees of The Mochi Ice Cream Company (“Sponsor”) and its affiliated and subsidiary companies, advertising, promotion, public relations, fulfillment and judging agencies and legal advisers and their respective officers, directors, agents, employees and assigns (collectively, the “Released Parties”) and all other service agencies involved with this Campaign, and members of the immediate families (parent, child, sibling and spouse) or households (whether or not related) of any of the above are not eligible to participate in this Campaign. CAMPAIGN IS VOID OUTSIDE THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA AND WHERE PROHIBITED.
BACKGROUND: The Campaign invites Participants to post one (1) photograph or one (1) video of their “My/Mochi Mmm Face” when biting into any My/Mochi Ice Cream product (“Required Content”) and tag @mymochi and include the hashtag #MyMochiMmmFace on either Instagram.com or TikTok.com or tag @mymochiicecream and include the hashtag #MyMochiMmmFace on Facebook.com or Twitter.com during the Campaign Period. The first ten thousand (10,000) Participants who post the Required Content will be eligible to receive one (1) manufacturer’s coupon redeemable for up to $6.99 off one (1) 6-count box of My/Mochi Ice Cream (suggested retail price $6.99) to be purchased within thirty (30) days of coupon print date and no later than August 31, 2021 (“Campaign Coupon”). All Participants’ Required Content will be combined and ten (10) Grand Prize Winners will be randomly selected from among all Required Content received. Purchase of any My/Mochi product or the use of any My/Mochi product in the Required Content is not required for selection of the Grand Prize Winners. Once all ten thousand (10,000) Campaign Coupons are distributed, additional Participants may continue to post photographs or videos of their “My/Mochi Mmm Face” for the chance to win a Grand Prize however, they will not be eligible for one (1) FREE 6-count box of My/Mochi Ice Cream.
PARTICIPATION REQUIREMENTS: To participate, you must have: (i) an active and non-protected Facebook account or sign up for a free Facebook account at www.facebook.com; an active and non-protected Instagram account or sign up for a free Instagram account at www.instagram.com; an active and non-protected TikTok account or sign up for a free TikTok account at www.tiktok.com;or an active and non-protected Twitter account or sign up for a free Twitter account at www.twitter.com (ii) Create one (1) photograph or video of your “My/Mochi Mmm Face” when biting into any My/Mochi Ice Cream product (“Required Content”); (iii) Post the Required Content and tag @mymochi and include the hashtag #MyMochiMmmFace on either Instagram.com or TikTok.com or tag @mymochiicecream and include the hashtag #MyMochiMmmFace on Facebook.com or Twitter.com; (iv) you will then receive a link to the Campaign submission form via a direct message; and (v) Complete the Campaign submission form by submitting your complete name, a valid email address, social media handle, and social media platform used for participation and agree to receive periodic communications from My/Mochi (“Campaign Submission Form”) (i, ii, iii, iv and v, collectively “Participation Requirements”).
By posting the Required Content on Facebook.com, Instagram.com, TikTok.com or Twitter.com, each Participant consents to receive from the Sponsor a reply Facebook direct message, Instagram direct message, TikTok direct message or Twitter direct message which includes a link to a Campaign Submission Form. Participants will be required to have a public Facebook account, public Instagram account, public TikTok account or a public Twitter to receive a direct message. Required Content posted by a protected Facebook account, Instagram account, TikTok account or Twitter account will not be accepted. Post as many pieces of content as you wish, however the Campaign is limited to one (1) manufacturer’s coupon redeemable for up to $6.99 off one (1) 6-count box of My/Mochi Ice Cream product per person. Use of automated entry or similar devices as defined herein but not limited to, aggregator sites and or provided links, or contracted services, which are used to participate, “game” or subvert the Campaign Submission Form submissions is prohibited and all postings and submissions submitted or otherwise effectuated through such devices are void and will not be honored in any way. Persons found tampering with or abusing any aspect of the Campaign, or whom Sponsor believes to be causing malfunction, error, fraudulent activity of any kind, disruption or damage will be disqualified from the Campaign. Sponsor reserves the right to void any Required Content and/or Campaign Submission Forms made through robotic, automatic, mechanical, programmed or similar submission duplication method, Campaign Submission Forms made through any third-party website, and to disqualify any Participant using such a method.
Sponsor is not responsible for any lost, late, stolen, delayed, illegible, incomplete, mutilated, misaddressed or misdirected Required Content posts or Campaign Submission Forms. Incomplete, unreadable, inaccurate, unintelligible or late Required Content posts or Campaign Submission Forms submitted which otherwise do not comply with these Terms and Conditions will be deemed void. All Required Content posts and Campaign Submission Forms become the property of the Sponsor and will not be acknowledged or returned and Sponsor reserves the right to dispose these Required Content posts and Submission Forms at its sole discretion. Your completion and submission of a Campaign Submission Form constitutes your consent to participate in this Campaign and your consent for Sponsor to contact you for the purpose of administering this Campaign and for other uses by Sponsor as permitted by these Terms and Conditions and by applicable law.
Required Content posted on Facebook, Instagram, TikTok or Twitter may not contain, as determined by Sponsor’s sole discretion, any content that:
- Contains any false or misleading claims about your business or its products or services;
- Is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; obscene or offensive;
- Feature celebrities, public figures or animated characters;
- Promotes consumption of alcohol; promotes illegal drugs, tobacco, firearms/weapons, or any particular political agenda or message;
- Defames, misrepresents or contains disparaging remarks about other people or companies;
- Contains trademarks, trade names or copyrighted materials owned by others, except those owned by Sponsor for which Sponsor has provided entrant a limited license to use as it relates to the Campaign;
- Contains any personal identification, such as license plate numbers, personal names (other than just first name), email or street addresses;
- Communicates messages inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
- Contains competitive products of Sponsor; and/or
- Violates any law or infringes upon the rights of any other person or company.
By posting your Required Content and tagging @mymochi on Instagram or TikTok or @mymochiicecream on Facebook or Twitter and using the hashtag #MyMochiMmmFace on Instagram, TikTok, Facebook or Twitter, your Required Content as defined herein may be included in Sponsor’s commercial materials as well as at Sponsor’s website and/or social media platforms. Sponsor reserves the right to monitor Required Content prior to posting on Sponsor’s social media platforms, including but not limited to Facebook, Instagram, TikTok or Twitter. Sponsor has no obligation to use or post any Required Content submitted by any Participant. The use of any Required Content by Sponsor or any Released Party does not have any effect on the Campaign Coupon distribution or the winner selection process.
This Campaign is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, TikTok or Twitter. By submitting Required Content and the Campaign Submission Form, you understand that you are submitting your information to Sponsor. By participating in this Campaign, each Participant waives, discharges and releases Facebook, Instagram, TikTok and Twitter from any and all liability associated with the Campaign. Any questions, comments or complaints regarding the Campaign must be directed to Sponsor and not to Facebook, Instagram, TikTok or Twitter.
Required Content posted are the views/opinions of the individual Participant and do not reflect the views of Sponsor in any manner. By participating in this Campaign, each Participant grants Sponsor and the Released Parties a worldwide, irrevocable, exclusive, assignable, transferable, unqualified, unrestricted, royalty-free license and right to edit, modify, publish, use, reuse, distribute, display, copy and otherwise exploit the Required Content or any part thereof (with or without the Participant’s name and city/state), and any materials based thereon or derived therefrom, in any manner and in any media (whether now known or later developed), for any lawful purposes whatsoever (noncommercial or commercial), including, without limitation, for use in the commercial packaging and point-of-sale materials, and/or for promotion, marketing or advertising of Sponsor, or any Released Party, each of their respective brands and/or products in any medium (whether now or hereafter known) throughout the world in perpetuity without further permission, notification, consideration, or payment to the Participant, except where prohibited by law.
Company names, trademarks and/or logos other than those owned by Sponsor, photographs, artwork, other copyrighted materials and the name, voice or likeness of any individual (collectively, “Third Party Intellectual Property”) may not be included in any Required Content posted. Any Required Content posted that includes any Third Party Intellectual Property (example: an individual in the Required Content is wearing branded merchandise with a proprietary brand logo) may be void if such use is deemed inappropriate, impermissible or illegal, as determined by Sponsor in its sole discretion.
By submitting Required Content, each Participant: 1) irrevocably grants Sponsor a royalty-free exclusive license throughout the world to use, re-use, copy, publish, republish in whole or in part, edit, add to, modify, and rearrange the Required Content in whatever media, including without limitation, to edit, rearrange, and/or copy the Required Content for use in the promotion of Sponsor’s products and services, without further permission, consideration or payment to the Participant, except where prohibited; 2) warrants and represents that the Required Content is entirely the original creation/work of the Participant and that use of the Required Content as described herein will not violate any law or infringe upon the rights, title, claim or interest of any third party; 3) certifies that the Participant is the creator and sole copyright owner of the Required Content; 4) the Required Content has not been previously published, and has not won previous awards, does not incorporate any material owned by any third party; and 5) the use of the Required Content as described herein will not violate any law or infringe upon the rights of any third party. If, in the sole discretion of Sponsor, the Required Content violates any law or infringes upon the rights of any third party, is inaccurate, incomplete or irregular in any way, or otherwise does not comply with these Terms and Conditions or is deemed inappropriate, the Sponsor may eliminate the Required Content and the corresponding Campaign Submission Form.
DIGITAL MILLENNIUM COPYRIGHT ACT: Once the Required Content is posted into the Campaign, any such posting will be deemed made at the direction of the Participant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. EACH PARTICIPANT REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT HE/SHE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY (OTHER THAN THE COUPON OR PRIZE STATED HEREIN) IN EXCHANGE FOR GRANTING SPONSOR THE NON-EXCLUSIVE LICENSE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH DAILY GAME DAY IMAGE BY SPONSOR. If requested, Participant 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 Required Content.
TEN THOUSAND (10,000) CAMPAIGN COUPONS: Each Campaign Coupon is redeemable for one (1) 6-count box of My/Mochi Ice Cream at any participating retailer in the United States and the District of Columbia up to six dollars and ninety-nine cents ($6.99). The approximate retail value (“ARV”) of each Campaign Coupon: Up to ($6.99). Partcipants will be required to pay sales tax on the My/Mochi Ice Cream product at the time of coupon redemption. Limit one (1) Campaign Coupon per Participant during the Campaign Period while supplies last. All Campaign Coupon will be distributed electronically to Participants at the email address submitted on the Campaign Submission Form by August 2, 2021. All Campaign Coupons must be redeemed by August 31, 2021 and cannot be reproduced or transferred to any person, firm or group prior to store redemption. Sponsor not responsible for lost, delayed, technical issues with printing coupon including access to a printer or stolen Campaign Coupons.
NATIONAL ICE CREAM WINNER SELECTION: All Participants who submit the Required Content with or without the use of the MyMochi product, tag @mymochi on Instagram or TikTok or tag @mymochiicecam on Facebook or Twitter and include the hashtag #MyMochiMmmFace and complete and submit a Campaign Submission Form during the the Campaign Period, (individually defined as “Entry” and collectively defined as “Entries”) will be eligible for the chance to win one of ten (10) Grand Prizes. The ten (10) Grand Prize Winners will be selected from among all eligible Entries received in a Random Drawing conducted on or about August 5, 2021. The Random Drawing will be conducted by an independent judging organization whose decisions are final as they related to this Campaign. Grand Prize Winners will be notified on or about August 6, 2021. Odds of winning a Grand Prize depend upon the number of eligible Entries received.
TEN (10) GRAND PRIZES: Each Grand Prize consists of sixty (60) boxes of My/Mochi Ice Cream which will be awarded as free 6-pack box coupons at Sponsor’s discretion. The approximate retail value (“ARV”) of each Grand Prize: $420; TOTAL ARV OF ALL PRIZES: $4,200. Prize Winners will be required to complete, sign and return a Prize Verification Form and where permissible, a Publicity Release within five (5) days of winner notification. In the event a Prize Winner does not return the Prize Verification Form within five (5) days, that Prize Winner will be disqualified and that Prize will be awarded to an alternate winner in a random drawing from among all remaining Entries received. In the event a Prize Winner is an eligible minor under applicable state law, the parent or legal guardian will be required to sign all required documents stated herein. By signing and returning the Prize Verification Form, each Prize Winner and/or his/her parent or legal guardian are in agreement and consent that the Sponsor and/or the Sponsor’s assignees may use the Prize Winning Required Content submission, name, photograph, likeness and/or Prize information for promotional purposes in commerce and in all media worldwide now known or hereinafter developed without time limitation and without further compensation, except where prohibited.
Campaign Coupons and Prizes cannot be transferred, are not redeemable for cash and cannot be bartered or sold. No more than the stated number of Campaign Coupons or Prizes set forth in these Terms and Conditions will be distributed. Sponsor reserves the right, at Sponsor’s sole discretion to substitute a Prize of equal or greater value in the event a Prize as stated in these Terms and Conditions is unavailable.
LIABILITY & RELEASE: By Participating in this Campaign, to the fullest extent permitted under application law, Participants and Prize Winners: (1) agree to be bound by these Terms and Conditions and all applicable laws and regulations; (2) agree to release the Released Parties from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death, due in whole or in part, directly or indirectly, to participation in this Campaign or any Campaign-related activity, or the acceptance, possession, use or misuse of any Campaign Coupon or Prize (or component thereof) and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery; (3) acknowledge that the Released Parties have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any Campaign Coupon or Prize (or component thereof), including but not limited to its quality, mechanical condition, or fitness for a particular purpose; and (4) waive any and all rights to claim ambiguity, should it even exist, in connection with these Terms and Conditions. Sponsor, at its sole discretion, may discontinue this Campaign at any time. Sponsor, at its sole discretion may terminate the Campaign or decide to modify the Campaign in any manner that it deems fair and equitable to participants if it becomes aware of any occurrence that would materially affect the Campaign’s security and fairness. Sponsor, at its sole discretion may prohibit individuals from participating in the Campaign and disqualify Participants if they (1) attempt to participate in the Campaign through any means other than as described in these Terms and Conditions, (2) attempt to disrupt the Campaign or circumvent these Terms and Conditions in any way or (3) repeatedly show a disregard for these Terms and Conditions or act (a) in an unsportsmanlike manner, or (b) with an intent to annoy, abuse, threaten or harass any other entrant or Sponsor. Sponsor’s decisions with respect to the Campaign are final and binding.
Participants and, if applicable, Prize Winners, who are California residents assume the above mentioned risks and agree that their release shall apply to all unknown or unanticipated results of the occurrences described above, as well as those known or anticipated, and such Participants and Winner hereby knowingly waive any and all rights and protections under California Civil Code Section 1542, which section reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
The Released Parties reserve the right to correct typographic, clerical or printing errors in any Campaign materials. The Released Parties are not responsible for any typographical or other error in the printing of this Campaign, the administration of the Campaign or in the announcement of any Winner, including any such error as may give an erroneous indication that a Prize has been won. In the event the Sponsor or the Released Parties are prevented from continuing with this Campaign, or the integrity and/or feasibility of the Campaign is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), pandemic, terrorist threat or activity, or any federal, state, or local government law, order of regulation including government removal/limitation to any access of any social platform , order of any court or jurisdiction, or other cause not reasonably within Sponsor’s or the Released Parties’ control (each a “Force Majeure” event), Sponsor and the Released Parties shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Campaign without notice or further obligation. If Sponsor or the Released Parties, in their discretion, elect to abbreviate, cancel or terminate the Campaign as a result of a Force Majeure event, Sponsor and the Released Parties reserve the right, but shall have no obligation, to distribute Campaign Coupons and/or the Prizes from among all valid and eligible submissions received up to the time of such Force Majeure event.
DISPUTES: TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EACH PARTICIPANT AND WINNER AGREES THAT ANY CLAIM OR DISPUTE RELATED TO OR ARISING OUT OF THE CAMPAIGN OR THESE TERMS AND CONDITIONS SHALL BE FINALLY RESOLVED BY ARBITRATION, AND SHALL BE BROUGHT INDIVIDUALLY AND NOT BY CLASS ACTION. THE ARBITRAL TRIBUNAL SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THIS AGREEMENT TO ARBITRATE. ARBITRATION SHALL BE HELD IN THE STATE OF CALIFORNIA AND COUNTY OF VERNON. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, Participants’ and Winners’ rights and obligations, or the rights and obligations of Sponsor in connection with the Campaign, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
WINNERS LIST: To obtain a Winners List, available after September 15, 2021, contact the Mochi Ice Cream Company at https://www.mymochi.com/contact-us/. The Winners List will be available after all Prize Winners have been verified.
SPONSOR: The Mochi Ice Cream Company, 5563 Alcoa Way, Vernon, CA 90058-3730.
© The Mochi Ice Cream Company