Black Voices Create Contest

Official Rules

NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW. MANY WILL ENTER, FEW WILL WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

Sponsor:
General Mills Sales, Inc., One General Mills Blvd., Minneapolis, MN 55426.
Administrator:
Ten35, 444 N Michigan Ave, Chicago, IL 60611

1) What Can I win?

Ten (10) people will win a paid social media promotion of their TikTok video and a one-year influencer agreement with Sponsor, including a $1,500 cash prize.  Approximate individual prize value of $1,500 per winner, approximate total prize value $15,000.

2) Eligibility.

The Black Voices Create Contest (the “Contest”) is open to social media influencers who identify as Black and/or African American heritage; have a following on TikTok between 0 – 400,000 followers; are legal residents of the fifty (50) United States and the District of Columbia; and are at least 18 years of age at the time of entry. If you are a minor in your state of residence, you must have the permission and consent of your parent/legal guardian to participate in this Contest.

Employees of Sponsor or any promotion, advertising, judging or public relations company doing business with any of the above or any of their respective parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to enter. The Contest is subject to applicable federal, state, and local laws and regulations and is void where prohibited. Participation in the Contest constitutes your full and unconditional agreement to be bound by 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.

3) Timing.

The Contest begins on April 4th, 2022 at 12:00 a.m. Central Time (“CT”) and ends on May 20, 2022 at 11:59 p.m. CT (the “Entry Period”) and consists of four (4) entry periods (each a “Contest Entry Period”), as outlined below:

Contest Entry Period Start Date at 12:00 a.m. CT End Date at 11:59 p.m. CT Approximate Drawing Date/Winner Notification Date Winners per entry period
1 April 4, 2022 April 17, 2022 April 18, 2022 3
2 April 18, 2022 May 1, 2022 May 2, 2022 2
3 May 2, 2022 May 15, 2022 May 16, 2022 2
4 May 16, 2022 May 20, 2022 May 23, 2022 3

For the purposes of this Contest a day (“Day”) is defined as a calendar day beginning at 12:00:01 a.m. CT and ending at 11:59:59 p.m. CT. Administrator’s computer is the official time-keeping device for the Contest.

4) How to Enter.

To enter during the Entry Period:

  1. Create a TikTok video doing what you do best (dance, comedy, makeup, poetry, fashion, etc.)! Be creative, be yourself, and show the power of your voice! *Note: Content does not need to mention Gushers.
  2. Post your video using the hashtag #BlackVoicesCreateGems so we can find you!
  3. Follow @TheRealGushers on TikTok so we can send you a message if you are selected. The Videos shall be collectively referred to as the “Entry” or “Entries”. Only Entries which contain completed videos will be considered eligible. All Entries become the sole property of the Sponsor and will not be returned. Only entries submitted via the electronic entry form provided on the website listed above during the Entry Period will be accepted. Released Parties (as defined in Section 10 below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Entries. Sponsor is not responsible for any changes or effects caused to the entrant’s computer system as a result of submitting electronic entries. Sponsor and its promotion agencies are not responsible for phone, network, electronic or computer hardware or software failure, or technical failures of any kind, lost or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, whether caused by Sponsor, entrants or by any of the equipment or programming associated with or utilized in the promotion or by any technical or human error which may occur in the processing of submissions which may damage a user’s system or limit a participant’s ability to participate in the promotion. In the event of a dispute as to who submitted an Entry, the authorized account holder of the email address used to enter 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. Potential winners may be required to show proof of being an authorized account holder.
  4. ENTRY REQUIREMENTS. All Entries must comply with the following additional requirements to be considered eligible:
    1. Must post with the hashtag #BlackVoicesCreateGems
    2. The videos must each be in English.
    3. No children under the age of 14 may be shown in the video
    4. No drugs or alcohol (including vaping and cigarettes) featured or mentioned
    5. The Entry may not contain any content that is lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, obscene, or that otherwise contains inappropriate content or objectionable material including but not limited to hand gestures, clothing, misuse of product as determined by Sponsor in its sole and unfettered discretion.
    6. No false, deceptive, unlawfully-harassing or hateful, indecent, inappropriate or injurious comments to or about any individual, group, company, competitor or anyone else
    7. The Entry must be your original work, created solely by you, and must not infringe the copyright, trademark, privacy, publicity, or other intellectual rights of any person or entity.
    8. You may not be, nor may you work with parties in conjunction with your Entry, who: 1) are represented under contract (e.g., by a talent agent or manager) that would limit or impair Sponsor’s ability to display the Entry in any media form; 2) are under any other contractual relationship, including but not limited to guild and/or union memberships, that may prohibit them from participating fully in this Contest, or from allowing Sponsor to use royalty-free, the Entry worldwide in all media in perpetuity.
    9. The Entry must not contain any commercial content, brands or logos other than that of Gushers brand.
    10. The Entry may not have been previously published and may not have won previous awards.
    11. The Entry may not contain any material or elements that are not owned by you and/or which are subject to the rights of third parties.
    12. The Entry submitted must not make product claims about Gushers about a particular health or similar benefit or any other claim which does not reflect a typical consumer experience.
    13. Content on the rest of your TikTok page may not violate any of the rules of TikTok
    14. The Entry does not need to mention Gushers or General Mills.

    By submitting your Entry, you agree that your Entry conforms to these Official Rules and that Sponsor, in its sole discretion, may disqualify your Entry for any reason at any time, including if it determines, in its sole discretion, that your Entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by Sponsor, in its sole discretion. In addition, you hereby grant permission for the Entry to be posted on the Contest Site, other websites or social channels, and within other promotions and/or advertisements. You agree that Released Parties (as defined in section 10 below) are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entry. You agree that you will not use the Entry for any other purpose without the express consent of Sponsor in each instance.

  5. Judging. All eligible Entries received by Sponsor will be judged by a panel of judges (“Judges”) based on the following criteria:
    • Uniqueness of concept (50%)
    • Creativity (50%)

    The ten (10) Entries with the highest scores from the Judges will be deemed the potential winners (each, a “Potential Grand Prize Winner”). In the event of a tie, the Potential Winner among the tied Potential Winners with the highest score from the Judges for the “Uniqueness” judging criteria will be declared the Potential Winner.

    Non-winning Entries will carry forward into any subsequent Entry Period drawings. Sponsor reserves the right to choose fewer than ten (10) Potential Grand Prize Winners if in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries. Prize awards are subject to verification of eligibility and compliance with these Official Rules. A Potential Grand Prize Winner must be able to provide proof that he/she is eligible to be deemed an official winner to Sponsor and/or Administrator’s satisfaction before being declared an official winner (“Official Winner”). If the Contest Site fails for any reason any Entry received during that time will be deemed a defective Entry.

  6. Verification of Potential Winners. Potential winners will be notified starting on April 18, 2022. Each Potential Winner will be required to sign an Affidavit of Eligibility, Liability & Publicity Release (unless prohibited) (“Affidavit”), which must be returned by Potential Winner and received by Sponsor within 48 hrs. Potential Winners will be required to complete a W9 tax form in order to claim prize. If a Potential Winner cannot be contacted, fails to execute and return the Affidavit within the required time period (if applicable), or prize is returned as undeliverable, Potential Winner forfeits the prize. In the event that a Potential Winner is disqualified for any reason, fails or refuses to claim his or her prize for any reason, or a prize is unclaimed, the prize will be forfeited, and Sponsor will select an alternate winner by applying the judging criteria above. Prizes will be awarded “as is” with no warranty or guarantee, either express or implied offered by Sponsor. All federal, state and local taxes and all other costs associated with prize acceptance and use not specified herein as being provided are solely the responsibility of the Official Winners. Sponsor in its sole discretion may also choose not to replace any Potential Grand Prize Winner.
  7. Prizes. Each of the ten (10) Contest Grand Prize Winners will have their video receive a paid promotional boost on Tik Tok and an individual one year influencer contract with Sponsor valued at $1,500, approximate total prize value $15,000.
  8. Prize Restrictions. Sponsor reserves the right in its sole and absolute discretion, to substitute a prize or prize component with a prize of equal or greater value. Prize is non-transferable and may not be given, bartered, substituted, sold, or exchanged for cash or another prize. All prize details are at Sponsor’s sole discretion. Prize is awarded “as is” with no warranty or guarantee, either express or implied.
  9. Publicity. Except where prohibited, accepting a prize in the Contest constitutes your consent for Sponsor to use your Entry, name, likeness, hometown and state for promotional purposes in any media without further payment or consideration. This consent includes, but is not limited to, the Entry and any content gathered by Sponsor.
  10. Release. By receipt of any prize, you agree to release and hold harmless Sponsor, and its respective subsidiaries, affiliates, suppliers, distributors, advertising, agencies, and prize suppliers, and each of their respective parent and affiliate companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.
  11. Use of Entry. You hereby grant Sponsor all rights and licenses necessary to use, reproduce, publish, distribute, broadcast, and/or exhibit Grand Prize Winner’s name, image, voice, signature, performance, photographs, video imagery, likeness, biography, and/or other indicia of Grand Prize Winner’s identity (“Grand Prize Winner IP“) in throughout the Territory in Media. “Territory” as used herein means North America except that any Internet use will be permitted worldwide ; “Media” as used herein means all forms of: television and radio media, media relations (e.g., press releases, mat releases, media alerts, audio news releases, and b-roll), Internet media (e.g., Sponsor websites, e-newsletters, social-networking sites, video/photo streaming/sharing sites, and blogs), packaging, point of sale materials, out of home, industrial use (e.g., sales, corporate communications), and internal company use.
  12. General Conditions. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. No more than the stated number of prizes in these official rules will be awarded. Sponsor, in its sole discretion, reserves the right to disqualify any individual who tampers with the entry process or the operation of the Contest or who acts in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend part or all of this Contest should virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or proper play of the Contest. In such event, Sponsor may select Potential Winner in a random drawing from all non-suspect, eligible Entries received up to the date of cancellation or suspension. If for any reason your Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is another Entry in the Contest. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, or threaten any other entrants or Sponsor representatives.WARNING: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION . SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION.
  13. Limited Liability. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, by printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited, to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any aspect of the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the announcement of the prizes or in any Contest-related matter or materials; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Contest and/or downloading of any materials related to this Contest. If for any reason an Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Entry in the Contest.
  14. Disputes. Except where prohibited, you agree that: (1) any and all disputes, claims 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; (2) any and all claims, judgments and awards shall 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 you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. 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, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
  15. Entrant’s Personally Identifiable Information. Information collected from entrant is subject to Sponsor’s Privacy Policy at https://www.generalmills.com/privacy-security/us-english-privacy-policy.
  16. Winner List. For Rules or a winner list, visit the Contest Site. The winner list will be posted after winner confirmation is complete.
  17. Contest is in no way sponsored, endorsed or administered by, or associated with Tik Tok. By entering, you understand that you are providing your information to Sponsor and not to Tik Tok.