Snack Bar Design Contest Rules

Feastables Snack Bar Design Contest

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.

Please read these rules before entering the Feastables Snack Bar Design Contest (the “Contest”). Feastables is creating a brand new snack bar and requesting submissions from artists, designers and students to help design the packaging, alongside the Feastables creative team. By posting a submission, you acknowledge that you have read and agree to be bound by these Official Rules and the decisions of Feastables, Inc. (“Sponsor”, “we”, “our” or “us”) and the judges, and that you satisfy all eligibility requirements.

ELIGIBILITY: Open to individuals who (1) are at least 18 years of age and the age of majority in their jurisdiction of residence; and (2) are not a resident of a jurisdiction under U.S. embargo, export controls or sanctions (each, a “Entrant”). Contest is void in Brazil, Italy, Russia, and any jurisdiction under U.S. embargo, export controls or sanctions and any country, state, province or territory where the laws of the United States or local law prohibits participating or receiving a prize in the Contest. Entrants may not be members of any guild, union or other organization that may prohibit them from participating in this Contest and that would restrict, require dues payment or otherwise have the right to oppose such entrant’s participation in this Contest. Directors, officers, employees, interns, and contractors (“Personnel”) of Sponsor, MrBeast, their parent company, subsidiaries, affiliates, and their respective advertising, promotion and public relations agencies, representatives, and agents (collectively, “Contest Entities”), immediate families members of such Personnel (parents, siblings, children, spouses, and life partners of each) and members of the households of such Personnel (whether related or not) are ineligible to participate in this Contest. The Contest is governed by U.S. law and is subject to all applicable federal, state, and local laws and regulations. This Contest is a skill-based contest. The element of chance will play no role in determining the Contest winner. Entrants must be eligible to participate in this Contest and comply with these Official Rules or the Entrant in question may be disqualified.

SUBMISSION PERIOD: The Contest begins at 9:00 a.m. Pacific Time (“PT”) on November 11, 2022 and ends at 11:59 p.m. PT on December 9, 2022 (the “Submission Period”).

HOW TO POST A SUBMISSION: During the Submission Period, Entrants can view the creative brief at http://feastables.com/pages/snackbar and follow the instructions to complete the online form, including the upload of their own original creative design for the new Feastables snack bar and submit to be considered.

Submissions must be posted no later than 11:59 p.m. PT on December 9, 2022 to be considered. If participating via a smartphone device, you must have a data service plan for your smartphone device with your service provider. Standard data rates may apply. See your smartphone device provider for pricing plan details and capabilities.

There is no limit to the number of submissions an eligible Entrant may submit throughout the Submission Period, however each submission provided by an Entrant must be materially different from any/all submissions previously submitted by such Entrant.

By submitting a submission, Entrant hereby grants permission for the submission to be posted on www.tiktok.com, www.Instagram.com, www.twitter.com, or other websites and agrees that Sponsor may edit, modify, and manipulate the submission as it deems necessary for such purposes. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of submissions by third parties. Released Parties do not guarantee the posting of any submission and reserve the right to take down any posted submission at any time.

REQUIREMENTS OF SUBMISSIONS: Submissions may not contain, as determined by the Sponsor, in its sole discretion, any content that:

is sexually explicit or suggestive; violent, derogatory or profane;
promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
promotes any activities that may appear unsafe or dangerous;
promotes any particular political agenda or message;
is obscene or offensive; endorses any form of hate or hate group;
contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others;
contains any personal identification, such as personal names;
contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art, or images published on or in websites, television, movies or other media); designs containing any other third-party materials will not be considered;
contains materials embodying the names, likenesses, or other indicia identifying any person; or
communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or violates any law.

Submission must be responsive to the call-to-action, in compliance with Sponsor’s Terms of Use and Community Guidelines, original, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. By submitting a submission, Entrant warrants and represents that he/she consents to the submission and use of the submission in the Contest and to its use as otherwise set forth herein. By submitting a submission, Entrant warrants and represents to the submission and use of the submission in the Contest and to its use as otherwise set forth herein.

By uploading a submission, each Entrant acknowledges and agrees that Sponsor may obtain many submissions in connection with this Contest and/or other promotions staged and/or promoted by the Sponsor, and that such submissions may be similar or identical in style, idea, format or other respects to other submissions made in connection with this Contest and/or other promotions promoted by Sponsor or submitted for other reasons, or to other materials developed by the Sponsor. Each Entrant waives any and all claims that any submission and/or other works accepted, reviewed and/or used may be similar, or that any compensation is due to any Entrant in connection with such submission or other works used by Sponsor.

SUBMISSION JUDGING PERIOD: At the conclusion of the Submission Period, all eligible submissions will be judged by MrBeast and a panel of qualified judges between December 9, 2022 and December 30, 2022 based on the following criteria: Creativity (40%); Originality (40%); and Adherence to Feastables creative theme (20%). The one (1) submission with the highest score will be deemed the potential grand prize winner. In the event of a tie, an additional, “tie-breaking” judge will determine the potential winner based on the criteria listed herein. Sponsor reserves the right not to award the grand prize if, in its sole discretion, it does not receive a sufficient number of eligible and qualified submissions.

WINNER NOTIFICATION: Potential winner will be notified via phone and/or email on or about December 30, 2022. Potential winner will also be required to execute a declaration of eligibility and publicity release (collectively, the “Winner Documents”) within five (5) business days from initial date of notification. To be eligible for the grand prize, potential winner will be required to transfer ownership of the design included with their Submission to Sponsor. If the potential winner cannot be reached, or in the event of noncompliance within the above stated Winner Documents time period, with these Official Rules, or if prize notification is returned as undeliverable, such potential winner will be disqualified and, at Sponsor’s sole discretion, a runner-up potential winner may be notified.

Further proof or verification of identity and qualifications may be required along with a background/criminal check of potential winners. Potential winner agrees to such check and agrees to provide full consent if required. Failure to comply with any of the forgoing may result in disqualification. In addition, at the discretion of Sponsor, potential winner may be disqualified for any of the following: if Entrant is charged with or convicted of a felony or misdemeanor or is not eligible based on the eligibility requirements set forth above. Non-compliance with the foregoing or such Entrant’s failure to comply with the verification process and/or eligibility requirements, return of winner notification as undeliverable, the inability of Sponsor to contact potential winner within a reasonable time period, the applicable potential winner may be disqualified.

GRAND PRIZE (1): $10,000 awarded. Exact delivery method to be determined by Sponsor, in their sole discretion. Prize will be delivered within thirty (30) days after the winner is confirmed.

For the avoidance of doubt, Sponsor reserves the right to not print or go to market with the winning design and potential winner must transfer sole ownership of the design included with their Submission to Sponsor to be eligible to receive the grand prize. Failure to agree to such transfer will result in potential winner’s disqualification and Sponsor will have no further obligation to such potential winner and reserves the right to contact a runner-up for the prize opportunity. Winner will not be eligible for any/all royalties on the design included with their Submission.

No substitution, assignment, cash equivalent or transfer of prizes is permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of comparable or greater value, at its sole discretion. All prize details are at the sole discretion of the Sponsor.

TAXES AND EXPENSES: ALL TAXES ASSOCIATED WITH PRIZE ACCEPTANCE ARE THE SOLE RESPONSIBILITY OF THE WINNER. All prizes awarded will be inclusive of any taxes Sponsor is required by law to withhold as well as applicable sales, use, gross receipts, goods and service, or similar transaction based taxes (“Transaction Taxes”). IF TAXES ARE APPLICABLE TO THE PRIZE, IT IS THE RESPONSIBILITY OF THE WINNER TO PAY TO THE APPROPRIATE AUTHORITIES. We reserve the right to substitute a prize (or portion thereof) for an item of comparable or greater value, at our sole discretion. Prizes are awarded without warranty of any kind from us, express or implied, without limitation. Winner will be responsible for paying all costs and expenses related to the prize that are not specifically mentioned, including, but not limited to, taxes, and any other expenses that might reasonably be incurred by the winner in receiving or using the prize. All other taxes, costs and expenses associated with acceptance and use of any prize not specified in these Official Rules as being provided are the sole responsibility of the winner. PAYMENT TO WINNER IS SUBJECT TO THE EXPRESS REQUIREMENT THAT THE WINNER SUBMIT TO SPONSOR ALL DOCUMENTATION REQUESTED BY SPONSOR TO PERMIT COMPLIANCE WITH ALL APPLICABLE STATE, FEDERAL, AND LOCAL TAX REPORTING REQUIREMENTS. Winner is responsible for ensuring that the tax documentation submitted to Sponsor complies with all applicable tax laws and requirements.

INTELLECTUAL PROPERTY: For the avoidance of doubt as between Sponsor and Entrants, with the exception of the design submitted by the confirmed and verified grand prize winner (which will be owned by Sponsor), all Submissions created by Entrants will remain the property of the Entrant except to the extent an Entrant incorporated elements in their Submission owned by Sponsor, but Sponsor and its designees will have the rights to use the Submissions described below. By submitting a Submission in this Contest, each Entrant warrants and represents that he or she owns, or otherwise has the right to use, all of the intellectual and industrial property rights in and to the Submission. Further, each Entrant hereby grants Sponsor and its affiliates a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to (i) use, review, assess, test and otherwise analyze your Submission in connection with this Contest, and (ii) feature your Submission and all content contained therein in connection with the marketing or promotion of this Contest.

Except where prohibited, each prize winner further consents (and agrees to sign any additional documents required by Sponsor to formalize, effect or perfect such consent) to Contest Entities’ use of Submissions as specified herein and the use of any Entrant names, likeness (photograph), biographical information, and voice in advertising/publicity/trade (including local and/or national television stations or print publications that may be covering any element of this Contest) worldwide without compensation, notice or approval, and prize winner disclaims any ownership rights to the content of such advertising/publicity/trade material.

USE OF PERSONAL DATA. Contest Entities and their Personnel will not enter into any correspondence, including email, with non-winning Entrants relating to such Entrants’ participation in the Contest. Sponsor reserves the right, in its sole discretion, to disqualify any individual found tampering with the participation process or submission materials or otherwise interfering with the proper administration of the Contest or violating these Official Rules.

The following personal information will be collected by Sponsor in this Contest solely for the purposes of administering the Contest and verifying an Entrant in the event their participation qualifies for a prize; name, phone number, and email address. Failure to provide all necessary personal information may result in Entrants participation in the Contest being deemed ineligible. Entrant information will not be shared with other individuals or companies without Entrants’ express consent. Entrant information for purposes of this Contest will be deleted by Sponsor within 12 months following the conclusion of the Contest. Sponsor is not responsible for any false or missing information. Entrants agree that their personal information will be stored and processed by Sponsor in the United States. Entrant personal information may also be transferred to countries outside of their jurisdiction of residence, including the United States. Such other countries may not have privacy laws and regulations that provide the same level of protection to those that exist in your jurisdiction of residence. By providing personal information in connection with the Contest, Entrants hereby expressly consent to such transfers of their personal information to the United States or other countries. Entrants have the right to review, rectify or cancel any personal data held by Sponsor by contacting Sponsor at hi@feastables.com. Entrants/ also have the right to lodge questions or complaints with a supervisory authority at any time.

In the event an Entrant opted-in to allow Sponsor to share their personal information with other individuals or companies and no longer wishes to do so, or Entrant no longer wishes to participate in the Contest, Entrant may inform Sponsor at any time by contacting Sponsor at hi@feastables.com. Sponsor 's Privacy Policy can be reviewed at: https://feastables.com/policies/privacy-policy.

Sponsor agrees to ensure that the collection of all personal information complies with (i) all applicable laws, including without limitation, all state and federal laws, corporate standards, policies, regulations, as well as the General Data Protection Regulation (“GDPR”) (collectively “Applicable Laws”) (ii) the principles, guidelines, rules and codes of conduct of self-regulatory organizations such as the Digital Advertising Alliance, the Interactive Advertising Bureau, the Direct Marketing Association, and other self-regulatory organizations to which third parties providing services, platforms, and data are bound, and any required notices and consents; and (iii) privacy disclosures and information collection requirements imposed on advertisers by targeting of media in order to comply with Applicable Laws. Where required by Applicable Laws, Sponsor will deploy appropriate notices and functionality to obtain authorizations and consents as required.

USE OF SUBMISSION, WAIVER, RELEASE, AND LIMITATION OF LIABILITY: Contest Entities and their Personnel will not enter into any correspondence, including email, with non-winning Entrants relating to such Entrants’ participation in the Contest. Sponsor reserves the right, in its sole discretion, to disqualify any individual found tampering with the Submission process or Submission materials or otherwise interfering with the proper administration of the Contest or violating these Official Rules.

EACH ENTRANT ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL RULES, AGREES TO BE BOUND BY THE DECISIONS OF THE SPONSOR, WARRANTS THAT HE OR SHE IS ELIGIBLE TO PARTICIPATE IN THIS CONTEST, AND AGREES TO RELEASE, INDEMNIFY, AND HOLD HARMLESS CONTEST ENTITIES AND THE PERSONNEL OF EACH FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, AND DAMAGES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ASSERTED AGAINST ANY OF THEM, INCURRED OR SUSTAINED IN CONNECTION WITH OR RISING OUT OF ENTRANT’S PARTICIPATION IN THIS CONTEST, USE OF ANY SUBMISSION OR RIGHTS THEREIN OR ANY TRAVEL OR ACTIVITY RELATED THERETO, BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CONTEST, INCLUDING THESE OFFICIAL RULES. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST ENTITIES AND EACH OF THEIR LICENSEES RESERVE THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

Each Entrant hereby acknowledges and agrees that the relationship between themselves and the Contest Entities is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide the Submission to Sponsor for purposes of the Contest does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the Submission, other than as set forth in these Official Rules. Each Entrant understands and acknowledges that the Contest Entities have wide access to Submissions, technology, designs, and other materials, and that new ideas are constantly being submitted to them or being developed by their own employees. Each Entrant also acknowledges that many ideas may be competitive with, similar to, or identical to the Submission in theme, idea, format, or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Contest Entities' use of any such similar or identical material that has or may come to Contest Entities, or any of them, from other sources. Entrants acknowledge that other Entrants may have created ideas and concepts contained in their Submission design that may have familiarities or similarities to their Submission design, and that they will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities. Entrants also acknowledge that the Contest Entities will not restrict work assignments or representatives who have had access to your Submissions. By entering this Contest, Entrants agree that use of information in the Contest Entities’ representatives’ unaided memories in the development or deployment of Contest Entities’ products or services does not create liability for Contest Entities under these Official Rules or copyright or trade secret law.

Entrants further agree that the Contest Entities are not responsible for the following: (a) electronic transmissions, Submissions or notifications that are lost, late, stolen, incomplete, damaged, garbled, destroyed, misdirected or not received by Sponsor or their agents for any reason; (b) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures and/or human error that may occur in the transmission, shipping errors or delays, receipt or processing of Submissions or related materials; or for destruction of or unauthorized access to, or alteration of, Submissions or related material; (c) failed or unavailable hardware, network, software or telephone transmissions, damage to Entrants’ or any person’s computer and/or its contents related to or resulting from participation in this Contest; (d) causes that jeopardize the administration, security, fairness, integrity, or proper conduct of this Contest; (e) any Submissions posted in a manner that is not expressly allowed under these Official Rules (all such Submissions will be disqualified); or (f) any printing errors in these Official Rules or in any advertisements or correspondence in connection with this Contest or judging. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by non-authorized human intervention or other causes including but not limited to war, strikes, health crisis, epidemic, pandemic, civil disturbances, work stoppage, and/or acts of God, which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or posting of submissions, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, determine the potential winner using the judging criteria above from all eligible, non-suspect submissions received prior to action taken or as otherwise deemed fair and appropriate by Sponsor.

GENERAL CONDITIONS: By participating, each Entrant fully and unconditionally agrees to and accept these Official Rules and the decisions of Sponsor and Judges, which are final and binding in all matters related to the Contest. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the submission process or the operation of the Contest or to be acting in violation of these Official Rules, or in an unsportsmanlike or disruptive manner and void all associated submissions. Entrants agree to release and hold harmless Sponsor, MrBeast, and their respective parent companies, affiliates, subsidiaries, divisions, suppliers, distributors, retailers, and advertising and promotion agencies, and all of their respective officers, directors, shareholders, employees, and agents (collectively, “Released Parties”) from any claims, actions, injury, liability, loss or damage of any kind resulting from participating in this Contest or from the acceptance or use of any prize awarded.

LIMITATIONS OF LIABILITY: Released Parties are not responsible for: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the submission process of the Contest; (iv) late, lost, stolen, undelivered, misdirected, delayed, inaccurate, garbled or incomplete submissions, designs, or registrations, t or for any electronic, computer, printing, typographical, human or other error relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the processing of submissions, designs, registrations, the announcement of the prizes, or in any Contest-related materials (including these Official Rules); or (v) any injury or damage to persons or property, including but not limited to Entrant’s computer, hardware, or software, which injury or damage may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Contest. Sponsor reserves the right to cancel or modify the Contest if bugs, virus, fraud, technical failures or any other factor impairs the integrity, administration or proper play of the Contest, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prize using the judging procedure outlined above from among all eligible, non-suspect submissions received up to the time of the impairment.

CHOICE OF LAW: The Contest and all accompanying materials are copyright ©2022 by Feastables, Inc. All rights reserved. By entering, entrants agree to be bound by these rules. No transfer, assignment, cash redemption or substitution of prizes is permitted except by Sponsor due to prize availability and then with prizes of equal or greater value. Entrants agree (for themselves and their heirs) that the Released Parties will have no liability, and will be held harmless by such entrants to the maximum extent permitted by law for any liability, loss, injury, or damage to property or to person, including death, and reasonable attorney’s fees and court costs, due in whole or in part, directly or indirectly, by reason of participation in the Contest, or by reason of the acceptance, possession, use or misuse of the prizes, even if caused or contributed to by the negligence of any of the Released Parties. To the extent permitted by law, this Contest is governed by the laws of the United States and the State of Illinois, USA. As a condition of participating in this Contest, entrants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in the State of Illinois, USA having jurisdiction. Further, in any such dispute, under no circumstances will entrants be permitted to obtain awards for, and hereby waive all rights to claim, punitive, incidental or consequential damages, including attorneys' fees, other than entrant’s actual out-of-pocket expenses (e.g. costs associated with entering), and entrant further waives all rights to have damages multiplied or increased. Entrants agree that the decisions of Sponsor and the judges related to the Contest are final. By participating in the Contest, entrants consent to the use of their names, biographical information, Submissions, images and/or likenesses in any manner and in any medium for any purpose in connection with the Contest, including worldwide, without additional compensation, except where prohibited by law.

WINNER’S NAME: For the name of the winner, available after December 30, 2022, visit https://feastables.com/pages/winner-list no later than December 30, 2023.

SPONSOR: Feastables, Inc., 1189 Wilmette Ave., #225, Wilmette, IL 60091 USA.

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Snack Bar Design Contest Rules