1. NO PURCHASE IS NECESSARY TO ENTER OR WIN. The Organiser (as defined below) “SMASH TikTok Taste Tester” (the “Challenge”) begins at 12:00 on 31/08/21 and ends at 23:59 on 10/10/21. For purposes of these Official Rules, all times are British Summer Time (“BST”). SMASH may edit or extend these dates at any time.
2. ELIGIBILITY: The Challenge is open to UK residents between the ages of sixteen (16) and twenty-four (24), except that the Organiser, its parent company, subsidiaries and affiliates and their respective employees, directors, officers, shareholders, successors, assigns, agents and consultants (collectively, the “Organiser Partners”), and the Organiser Partner’s immediate families and persons living in their households, and the Judges’ immediate families and persons living in their households, are not eligible to enter the Challenge.
By entering, in so far as permitted by law entrants release the Organiser and the Organiser Partners from any responsibility and all liability whatsoever for any injuries, losses, death or damages of any kind caused by participation in the Challenge or in connection with acceptance, possession, use, or misuse of any prizes provided pursuant to the Challenge, except where it is caused by the negligence of the Organiser, the Organiser Partners, their agents or distributors or that of their employees. Your statutory rights are not affected.
3. Agreement to Rules: By participating, entrants agree to be fully and unconditionally bound by these Official Rules. Entrants represent and warrant that they meet the eligibility requirements set forth herein. In addition, Entrants agree to accept the decisions of the Organiser, as final and binding as it relates to the Challenge.
4. How to Enter: To enter, Entrants must sign into TikTok and upload his/her/their video entry based on this theme: "SMASH’s TikTok Taste Tester". Entrants must also download the free SMASH app on an iPhone via the Apple app store: https://apps.apple.com/gb/app/smash-app/id1530900163 or Android device via the Google Play store: https://play.google.com/store/apps/details?id=uk.co.smashco. The video must be original content (which has not been published online before), no longer than 30 seconds, tag @SMASH.app TikTok account, and be posted with the hashtag #SMASHTasteTester. Entrants that do not already have a TikTok account or SMASH app account are required to create one. The entry must fulfill all Challenge requirements, as specified, to be eligible to win the prize. Entries that are not complete or do not adhere to the Official Rules will be disqualified at the sole discretion of the Organiser. Challenge entrants may not enter using multiple TikTok accounts or identities in an attempt to circumvent the Official Rules. Use of fraudulent methods or otherwise attempting to circumvent the Official Rules shall be grounds for immediate removal and ineligibility from the Challenge, at the sole discretion of the Organiser.
All video submissions must be received by the 10/10/21 deadline. The Organiser is not responsible for late or unsuccessful attempts to enter. The Entrant should be able to provide on request all appropriate clearances, permissions and releases for the video submission, including releases from the submitting Entrant and any third parties appearing in the submission. Incomplete, corrupted, untimely or unintelligible entries will be disqualified. If for any reason an Entrant's entry is confirmed to have been erroneously deleted, lost, corrupted or otherwise destroyed, entrant's sole remedy is another entry in the Challenge. The Organiser reserves the right to determine in its sole discretion which entries have satisfied the entry requirements. ELIGIBLE ENTRANTS MUST SUBMIT EACH ENTRY IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.
Video Submission Requirements:
Be submitted in a format that TikTok accepts. Any other formats submitted and/or exceeding the time limit will be disqualified.
Comply with TikTok terms of service and specifications for user submissions and/or video uploads, located at www.tiktok.com/legal/terms-of-service?lang=en and as may otherwise be posted on the TikTok platform.
Videos must NOT:
Contain material and/or conduct which is (or promotes activities which are), in the Organiser’s sole discretion, to be illegal or involves an act of moral turpitude or is otherwise offensive or violates generally accepted standards of behavior or otherwise leads the Organiser to believe or conclude that the public association with Entrant would tend to subject the Organiser to ridicule, contempt, embarrassment or scandal, including, without limitation, including, without limitation, material and/or conduct that is sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), threatening, profane, or harassing.
Contain material that violates or infringes another's rights, including, but not limited to, material that violates privacy, publicity or intellectual property rights, or that constitutes copyright, trademark, patent or trade secret infringement. Without limiting the foregoing, video submissions must not include: (1) third party logos, trade dress, insignia, location signage, photographs, artwork or sculptures; or (2) use music that is not originally written, performed, and produced by you (the Entrant) or which you are otherwise authorised and licensed to use from TikTok’s library of songs. All music featured in any video must be available to publicize and broadcast on a license-free, royalty-free basis.
Include third parties, including, but not limited to, minors, celebrities, and friends who have not expressly authorized Entrants to display their name, image, likeness, voice, performance, photograph, image and/or other likeness (collectively, “Name and Likeness”) in any submitted video or otherwise use such Name and Likeness in accordance with these Official Rules.
By entering, each Entrant represents and warrants that his or her entry (and the Organiser's use thereof) does not and will not defame or otherwise violate the rights of any third party and does not and will not violate any laws, regulations or ordinances. Entrant further represents and warrants that he or she has secured the requisite consent from any person referenced or appearing in their entries. The Organiser reserves the right in its sole discretion to disqualify any entry that it believes violates any of the Video Submission Requirements, does not otherwise comply with these Official Rules, or that is not consistent with the spirit and theme of the Challenge.
Entrants will retain copyright in their video submission, but each Entrant grants to the Organiser and the Organiser Partners an exclusive, worldwide, perpetual, assignable, royalty-free license to publish, reproduce, distribute, display, perform, create derivative works, transmit and disseminate the submission in all media or platforms whether now or any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity, without compensation or additional consents from Entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. Entrant also waives any and all moral rights in the submission with respect to any use by the Organiser or its the Organiser Partners.
5. JUDGING PERIOD: The Judging Period begins on 11/10/21 and ends on 17/10/21. A panel of judges ("Judges") selected by the Organiser, in its sole discretion, will judge the entrants and select a shortlist of ten entrants' videos based on the following criteria:
6. WINNER NOTIFICATION AND ANNOUNCEMENT: The potential Winner, will be notified by Direct Message on TikTok provided on or about 18/10/21, and will be required to respond (as directed) to the notification attempt. The failure to respond within 48 hours to the notification may result in forfeiture of participation in the Challenge and, in such case, the Organiser will select an alternate Winner(s). The potential Winner may be required to provide proof of age, identity and address, and other documents as required by the Organiser within 48 hours of the notification, as determined by the Organiser, in its sole discretion. If a potential Winner(s) cannot be contacted by Direct Message on TikTok after the first attempt to contact him or her, or if he or she fails to provide proof of age and identity within the required time period (if applicable), he or she will be disqualified and an alternate entry will be selected in his or her place according to the judging criteria described above. Only one alternate Winner selection is required to be made, after which any remaining prizes may remain unawarded. Winners may be required to agree to a code of conduct as regards the Challenge.
7. PRIZE: One prize Winner will receive £5000 (five thousand pounds) in return for producing 10x (ten) TikTok Taste Tester videos for SMASH in two months. Content must be approved by SMASHco before it goes live / is posted to TikTok. Unless otherwise notified, payment is only made once all 10x SMASH approved videos have been uploaded. Reasonable food purchase expenses will also be provided to a maximum of £200.
The specifics of the prize shall be solely determined by the Organiser. No other prize substitution is permitted except at the Organiser’s discretion. All prizes are not transferable. Acceptance of prize constitutes permission for the Organiser to use the Winner’s Name and Likeness for purposes of advertising, trade and promotion without further notice, permission or compensation in any and all media now known or hereafter developed.
8. RIGHTS IN SUBMISSIONS: Each Entrant agrees that:
(i) the Organiser, the Organiser Partners and their affiliates may, but are not required to, make your entry available on its website and any other media, whether now known or invented in the future, and in connection with any publicity of the competition. You agree to grant the Organiser a non-exclusive, worldwide, royalty-free, perpetual and irrevocable licence, to use, display, publish, transmit, copy, edit, alter, store, re-format, make derivative works from and sub-licence your competition entries and any accompanying materials for such purposes and any other purposes in the Organiser’s absolute discretion.
Each Entrant releases the Organiser and the Organiser Partners from any and all claims or liability (now known or hereafter arising), including, but not limited to, any claims for defense and/or indemnity, in connection therewith.
Each Entrant agrees and acknowledges that participation in the Challenge, including, without limitation, the Entrant's decision to provide the Entrant's submission to the Organiser for purposes of the Challenge, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Organiser and Entrant, does not place the Organiser in a position that is any different from the position held by members of the general public with regard to elements of the Entrant's video submission, and that the only contracts, express or implied, between the Organiser and Entrant are as set forth in these Official Rules and the release forms.
By participating in the Challenge and submitting a video, each Entrant hereby grants permission for the Organiser and the Organiser Partners to use Entrant's Name and Likeness for the purpose of advertising, trade and promotion without further notice, permission, or compensation in any and all media now known or hereafter developed throughout the universe. Except as required by law or permitted pursuant to these Official Rules, the Organiser will not share an Entrant's personal information with any third parties.
9. TERMS: The Organiser reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Challenge should (in its sole discretion) including but not limited to as a result of a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Challenge. In such a case, the Organiser may select the recipients from all eligible entries received. The Organiser reserves the right at its sole discretion to disqualify any Entrant who tampers or attempts to tamper with the entry process, the operation of the SMASH website and/or violates these Official Rules. The Organiser has the right, in its sole discretion, to maintain the integrity of the Challenge, to void votes for any reason, including, but not limited to: the use of bots, macros or scripts or other technical means for voting in the Challenge.
10. Limitation of Liability: By entering, to the extent permitted by law Entrant agrees to release and hold the Organiser and the Organiser Partners harmless from any liability, injury, death, loss, litigation, claim or damage of any kind to persons or property, in whole or in part, directly or indirectly, arising out of or related to
(i) Entrant’s participation in the Challenge and/or his/her acceptance, possession, use or misuse of any prize or any portion thereof and the Entrant’s participation in the taste testing event as part of the prize for the Context;
(ii) the use of Entrant’s Name and Likeness for advertising, trade and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by the Organiser, without compensation or additional consents from Entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so;
(iii) technical failures of any kind, including, but not limited, to the malfunctioning of any computer, cable, network, hardware or software; (iv) the unavailability or inaccessibility of any transmissions or telephone or Internet service;
(iv) unauthorized human intervention in any part of the entry process or the Challenge;
(v) electronic or human error which may occur in the administration of the Challenge or the processing of entries,
except where it is caused by the negligence of the Organiser, the Organiser Partners, their agents or distributors or that of their employees, fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited by law. Your statutory rights are not affected.
11. The Challenge is intended for entries from consumers only, for domestic and private use. The Organiser and the Organiser Partners will therefore have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity incurred by any business entering the Challenge.
12. Disputes: THIS Challenge IS GOVERNED BY THE LAWS OF ENGLAND and the English courts will have exclusive jurisdiction to settle any claims arising out of or in connection with the Challenge.
13. Privacy Policy: Information submitted is subject to the Privacy Policy stated on the SMASH website, located at https://www.smash-app.co.uk/privacy-policy
14. Organiser: The Organiser of the Challenge is SMASHco Limited - 82 St John Street, London, England, EC1M 4JN
15. The Challenge is in no way sponsored, endorsed or administered by, or associated with, TikTok or any other Social Network.
