WONDERFUL PISTACHIOS “#GETCRACKIN” CHALLENGE 2023
INTO THE WONDERFUL PISTACHIOS
“#GETCRACKIN” CHALLENGE 2023 ("CONTEST") CONSTITUTES YOUR
ACCEPTANCE OF THESE OFFICIAL RULES.
PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN
ENTRANT’S CHANCES OF WINNING.
CONTEST ENTRY DATES: Overall Contest
begins February 3, 2023 at 12:01 a.m. Eastern Standard Time ("EST")
and ends February 20, 2023 at 11:59 p.m. EST.
WHO MAY ENTER: Open only to legal residents of the fifty (50) United States and the District of Columbia (excluding residents of Puerto Rico, U.S. Virgin Islands and Guam) who are at least 18 years of age at time of entry (“Entrant”). Void where prohibited or restricted by law. Contest subject to all applicable federal, state and local laws and regulations. Employees of Wonderful Pistachios & Almonds LLC (“Sponsor”) and its parent, affiliates, subsidiaries, advertising and promotion agencies, or any other party associated with the development or administration of this Contest, and such employees’ immediate family members (parent, spouse, sibling, child, and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related (collectively, the “Promotion Entities”), and their respective affiliates, are not eligible to enter or win. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify eligibility qualifications of the winners.
ENTRY/OBJECTIVE: The objective of the Contest is for an Entrant to create
the most fun, intriguing, and creative TikTok video of how they crack open
TO ENTER: To enter the Contest on TikTok, during the Contest
Period, an Entrant must complete the steps below (“Entry”).
a) Follow @WonderfulPistachios on TikTok
b) Create and post a video of how they creatively crack open pistachios
should be no longer than thirty (30) seconds, and must
use the branded effect available on the #GetCrackin TikTok Contest page
d) Tag @WonderfulPistachios and use #GetCrackin and #contest prominently
on the post, such as a video text overlay, at the beginning of the caption, or
as a clear audible disclosure.
Entrant’s TikTok account settings must be set to public and
must remain public during the Contest Period and until the prizes are awarded.
Except for the Wonderful Pistachios branded effect on
the Contest page, the Entry must be your original work.
o Not contain material that violates the TikTok
o not make false statements about Sponsor’s products or those of its
o be the original creation of the Entrant
o be no more than thirty (30) seconds long
o not include any illegal conduct or any stunts or behaviors
performed in a dangerous or reckless manner.
not have been previously published in any medium
(excluding any social media site) or submitted in any other competition;
not contain material that violates or infringes
another’s rights, including but not limited to privacy, publicity or
intellectual property rights, including copyright infringement when used as
provided for in these Official Rules;
not disparage Promotion Entities or any other person
or party affiliated with the Promotion and administration of this Contest;
not in any way prominently feature any brand names,
logos or trademarks other than those of Sponsor;
not include personally identifiable information;
not contain content or videos not created by Entrant;
not include or reference anyone other than Entrant
unless Entrant has written permission (and can provide evidence of such
permission at Sponsor’s request and satisfaction) from such person to use their
names and likenesses in the Entry, and to grant the rights listed in these
Official Rules. Minors must not appear
or be referenced without that minor’s parent’s/legal guardian’s express written
not contain material that is inappropriate, indecent,
lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or
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; and
not contain material
that is in violation of or contrary to the laws or regulations in any of the 50
United States or DC.
one (1) Entry per person during the Contest Period. To enter,
you must (i) have a valid TikTok account, (ii) follow the entry instructions, and (iii) provide any required information requested including
mailing address. Signing up for a TikTok
account is free of charge. Entering the Contest constitutes your consent
for Sponsor and its affiliates and subsidiaries to use your information to send
you marketing communication, promotions and special offers they feel may be of
opt-out from receiving further marketing communication from Sponsor by
following opt-out instructions sent by Sponsor. Any Entry that does not include all required information
and adhere to the foregoing and following requirements will be considered void
and will not be considered in this Contest.
This Contest is in no way sponsored, endorsed or
administered by, or associated with TikTok. You understand that you are
providing your information to Sponsor and not to TikTok. The information you
only be used for the administration of this Contest
and in accordance with these Official Rules.
OF ENTRY : All Entries must be received by 11:59 p.m. EST on February
20, 2023 to be eligible for the Prizes.
For purposes of these Official Rules, "receipt" of an Entry occurs
once the Entry is submitted.
Use of Entries, Names, and Social Media Handles: By submitting an Entry, Entrant: (a) grants a license to Sponsor and its designees to use Entrant’s name (first name, last initial), social media handle and Entry on the Sponsor’s websites (including www.wonderfulpistachios.com), https://www.tiktok.com/@wonderfulpistachios, or any other website (including, without limitation, on social media, including, without limitation, TikTok)), and at any time or times, in any media and for any purpose (including marketing, advertising and promotional purpose), and Entrant shall have no right of notice, review or approval of any such use of the Entry, his/her name, and/or social media handles; and (b) acknowledges and agrees that the Entry, his/her name, and/or social media handles, image or likeness may be used in whole or in part, alone or in combination with other works, and that the Entry may be changed or modified, as solely determined by Sponsor or its designees (other than for the Contest itself). Entrant further agrees that nothing herein in any way obligates Sponsor or its designees to make any use of his/her Entry and Sponsor’s failure to use the Entry shall not result in any liability to Sponsor or its designees. Entrant also acknowledges and agrees that the relationship between him/herself and Sponsor is NOT confidential, fiduciary or otherwise special and that Sponsor has wide access to ideas, stories, designs, concepts and other literary/artistic materials submitted to it by outside sources or being developed by its own employees (and/or third parties working on Sponsor’s behalf) and that such ideas/stories/designs/concepts/literary/artistic materials may be competitive with, similar to (or even identical to) the Entry submitted by Entrant; and, Entrant agrees that Sponsor and its agencies shall have no liability in conjunction with same.
By submitting an Entry, Entrant agrees that their Entry is
gratuitous and made without restriction, and will not
place the Sponsor under any obligation.
Sponsor reserves the right to, and may or may not, monitor/screen
Entries. Sponsor reserves the right to
disqualify any Entry for any reason, in its sole and absolute discretion.
RELEASES: By entering the Contest, Entrants
agree to release and hold harmless the Promotion Entities, any prize providers,
TikTok and each of their respective parents, affiliates, subsidiaries and all
of their respective officers, directors, employees, representatives and agents
(collectively, “Released Parties”) from and against any claim,
cause of action, liability, loss, injury or damage, including, without
limitation, personal injury, death or damage to personal or real property, to Entrant
or any other person or entity arising out of, in whole or in part, directly or
indirectly, participation in this Contest, or the acceptance, possession, use
or misuse of any prize (including any travel or activity related thereto), the substitution of a prize
in accordance with these Official Rules, the administration of the Contest, the
operation of the Contest and the various methods of entry or the Released
Parties’ use of any of the rights granted herein. The Released Parties assume
no responsibility for the conduct of any Entrant or voter or the responses of
anyone appearing in any Entry.
JUDGING CRITERIA: The potential winners will be selected on or around February 26, 2023 following evaluation of eligible entries received. Odds of winning depend on the number of eligible entries received and are not selected by random draw. Winners are subject to verification of eligibility and compliance with the terms of these Official Rules.
To determine the winners of this Contest, a panel of qualified
judges, determined by Sponsor in its sole discretion, will evaluate the
eligible entries based on the following Judging Criteria:
a. Entertainment Quality of Contest Entry (50%)
b. Uniqueness and Creativity of How They Crack Open A
c. Lighting and Production Quality of Video (25%)
The Entrant with the
highest-scoring Contest Entry will be the potential First Prize winner. The
Entrant with the next highest-scoring Entry will be the potential Second Prize
winner. The Entrant with the next highest-scoring Entry will be the potential Third
Prize winner. The seven (7) Entrants
with the next highest-scoring Entry will be the potential Fourth Prize winners.
In the event of a tie, the Entrant whose
Contest Entry received the highest score for Entertainment Quality of Contest
Entry, as determined by the qualified judges in their sole discretion, will be
deemed the applicable potential winner from among the tied Entrants. Sponsor
will not disclose judging scores.
WINNER NOTIFICATION: The winners of the Prizes will be notified on or around February
The potential winners will be notified via direct message
through TikTok or by email, and may be required to execute and return an affidavit of
eligibility, a liability release and, where lawful, a publicity release as well as any other documents which may be required by
Sponsor, all of which must be received fully-executed within seven (7) days of
date printed on notification or he/she may be disqualified. If after one (1)
attempt to contact a potential winner, Sponsor has been unable to do so, he/she
may be disqualified. In the event it is determined that a winner has not
complied with these Official Rules, has failed to execute and return any
required documents within the specified time period, has made false statements
or prize notification is returned as undeliverable, then such winner will be
disqualified. Should a winner make any false statement(s) in any document
required by Sponsor or prize supplier, such winner will be disqualified and
required to promptly return to Sponsor the value of his/her prize. If a
potential winner is disqualified for any reason, or if any potential winner
declines or refuses their prize, at Sponsor’s discretion and time permitting,
any runner up may be declared the alternate winner. Further, Sponsor reserves the right to
forfeit or award any unclaimed or leftover prizes at its sole discretion.
All prize awards are subject to verification of eligibility as determined by
Sponsor in its sole discretion and strict compliance with these Official Rules.
PRIZES: There will be ten (10) Contest winners as follows:
* One (1) year supply of
Wonderful Pistachios consists of:
value of the Prizes may vary depending on fluctuations in price for any
portion(s) of the Prize, Contest winner location, local taxes, and
available store offers at the time of purchase. Any difference between
the stated ARV and actual value of the Prizes will not be awarded.
Terms and Conditions: Except
where prohibited, an Entrant eligible to win a Prize may be required to execute
an Affidavit of Eligibility, a Liability Release, and a Publicity Release
(“Affidavit/Release”) and, if applicable, an IRS W-9 form for tax purposes as
well as any other documents which may be required by Sponsor. The
Released Parties (defined below) will be held harmless from any liability,
loss, injury or damage, including, without limitation, personal injury, death
or damage to personal or real property, to Entrant or any other person or
entity due in whole or in part, directly or indirectly, by reason of the
acceptance, possession, use or misuse of any prize.
ARV OF ALL PRIZES TO BE AWARDED IN THIS CONTEST IS US $20,500 USD.
prizes are awarded by Sponsor. All prize details are at Sponsor’s sole
discretion. Prizes are awarded “as is” with no warranty or guarantee,
either express or implied by Sponsor. Winner is solely responsible for all
federal, state and local taxes (including income and withholding taxes) and any
other expenses, costs or fees associated with acceptance and/or use of the
prizes not specified herein as being awarded. Winner may not substitute, assign
or transfer prizes or redeem prizes for cash, credit or merchandise except as
specified; provided, however, that Sponsor reserves the right, at its sole
discretion, to substitute a prize (or any portion thereof) with one of
comparable or greater value. LIMIT ONE (1) PRIZE PER HOUSEHOLD
FOR THE ENTIRE CONTEST. Additional restrictions may apply.
GENERAL CONDITIONS: Winning constitutes permission (except where prohibited by law) for Sponsor and its designees to use a winner’s name, Entry, hometown, likeness, prize won, and photo and video (all at Sponsor’s discretion) for future advertising, publicity in any and all media now or hereafter devised throughout the world in perpetuity, without additional compensation, notification or permission. The Released Parties are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete or delayed Entries or votes; all of which will be void. The Released Parties are also not responsible for problems uploading or downloading any Contest-related information or materials from the web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any Entry or vote to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit a Entrant’s ability to participate in this Contest. The Released Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Contest, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Contest, the processing or judging of Entries, the submitting or tabulating of votes, the announcement of the prizes or in any Contest-related materials. Mass Entries or votes or Entries or votes generated by a script, macro or use of automated devices may, at Sponsor’s sole discretion, be disqualified. Sponsor reserves the right to modify, suspend or terminate the Contest in the event it becomes infected by a computer virus or is otherwise technically impaired, and to cancel or suspend the Contest in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security, fairness, integrity or proper play of the Contest and, if terminated, at Sponsor’s discretion, determine the winner using all non-suspect, eligible Entries received up to time of cancellation using the judging procedure and Judging Criteria outlined above. In the event of a dispute regarding Entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of Entry will be deemed to be the Entrant and must comply with these Official Rules. Authorized subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses. Sponsor reserves the right at its sole discretion to disqualify any individual (and void his/her Entry and vote) it finds to be tampering with the Entry or voting process or the operation of this Contest or website, intending to annoy, abuse, threaten or harass any other Entrant, Sponsor or any of its representatives or to otherwise be acting in violation of these Official Rules. CAUTION: ANY ATTEMPT BY A ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST IS A VIOLATION OF APPLICABLE CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER SUCH REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW AND TO DISQUALIFY SUCH ENTRANT FROM THE CONTEST.
MISCELLANEOUS CONDITIONS: By participating in the Contest, Entrants (i) agree to be bound by these Official Rules, including all eligibility requirements, (ii) agree to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Contest, and (iii) agree to receive electronic communications from Sponsor, as well as any information or promotional material that Entrants opt-in to receive. Failure to comply with these Official Rules may result in disqualification from the Contest. Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules and void all associated Entries and/or votes.
ARBITRATION AND CHOICE OF LAW: Except where prohibited by law, as a condition of participating in this Contest, Entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and Entrant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of California, USA without regard to California’s choice of law rules.
WINNERS LIST: If you would like the name of the winners (available after March 1st, 2023), please send a self-addressed stamped envelope by no later than June 1st, 2023 to: “#GETCRACKIN” CHALLENGE 2023 Contest Winners, c/o Wonderful Pistachios & Almonds LLC, 11444 West Olympic Blvd., Los Angeles, CA 90064.
SPONSOR: Wonderful Pistachios & Almonds LLC, 11444 West Olympic Boulevard, Los Angeles, CA 90064.
THIS CONTEST AND THESE OFFICIAL RULES MAY NOT BE REPRODUCED, REPRINTED OR PUBLISHED ELSEWHERE IN ANY FORMAT WITHOUT THE WRITTEN PERMISSION OF THE SPONSOR.