NO PURCHASEOR PAYMENT OF ANY KINDNECESSARYTO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. CONTEST ONLY OPEN TO LEGAL RESIDENTS OF THE UNITED STATES RESIDING IN THE 50 UNITED STATESOR THEDISTRICT OF COLUMBIAWHO ARE 18YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. VOIDWHERE PROHIBITED. The Hershey’s Whatchamacallit Naming Contest (“Contest”) is sponsored by The Hershey Company (“Sponsor”), 19 E. Chocolate Ave., Hershey, PA and is administered by Prize Logic, LLC (“Administrator”),25200 Telegraph Road, Suite 405, Southfield, MI 48033.1.CONTEST PERIOD: The Contest begins on June 1, 2020 at 12:00:01PM Eastern Time (“ET”) and ends on June 15, 2020 at 11:59:59 PM ET (“Submission Phase”) and is followed by a judging phase (“Judging Phase”), which begins June 16, 2020 at 12:00:01 AM ET and ends June 26, 2020 at 11:59:59 PM ET (collectively,the “ContestPeriod”). The Administrator’s computer is the official time keeping device for this Contest.
2.HOW TO ENTER:NO PURCHASE NECESSARY TO PARTICIPATE IN CONTEST.There are threeways to enter the Contest:A.Online:During the Submission Phase, an eligible entrant must visit https://whatchamacallitcontest.com(“Website”) and enter his/her valid e-mail address and the information requested on the entry form, which may include, without limitation: his/her first and complete last name (no initials); valid e-mail address; phone number; street address (no P.O. Boxes will be allowed); city, state; and zip code. Entrant must then follow the on-screen prompts to either submit text copy or upload a photograph of his/her idea to name the new Hershey candy bar (“Submission”).All Submissions must comply with the restrictions outlined in Section 3below.
2B.Twitter: During the Submission Phase,an eligible entrant must log on to his/her Twitter Account and either Tweet text copy or a photograph showing his/her idea to name the new Hershey candy bar along with @whatchamacallitand the hashtags#whatchamacallit and #contest (also a “Submission”). Entrant must follow @whatchamacallitduring the Contest Period and for a period of 30 days thereafter for prize notification purposes.
4commerce and trade and inany and all medianow known or hereafter discovered, without limitation and without consideration to the entrantand without right of notice, review or approval of any such use of the Submission. Sponsor reserves the right to, and may or may not, monitor/screen Submissions prior to posting them to a Website. Once a Submission is submitted in the Contest,it may be made available on Sponsor’s social media accounts or other websites for viewing by the general public and any such posting will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. By entering, you acknowledge that Sponsor has no obligation to use or post a Submissionyou submit. Any Submission that is deemed by the Sponsor, in its sole discretion, to be offensive, immoral, obscene, profane, defamatory, not in keeping with the image of the Sponsor, or in violation of these Official Rules, including the submission requirements (“Submission Requirements”)set forth in this Section 3, will be void. Each Submission: •Must be in English;•Photos must comply with Twitter’s or Instagram’s posting requirements depending upon the platform on which the Photograph is posted;•Photo Submissions submitted online must be in one of the following formats: .JPEG, .JPG, or .PNG;•Photo Submissions submitted online must not exceed 8 MB;•Instagram and Twitter Submissions must contain the hashtags#whatchamacallit and #contest;•Must be entirely the original work of the entrant (not copied, adapted, or reproduced from any other source and not a collaboration with any other person) and must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, including copyright infringement, or legal or moral rights of any third party, living or deceased (e.g., names, logos, symbols, slogans, submissions that belong to others, entries of other people, quotes from other people, or parodies of other people);•Must not have been submitted previously in a promotion of any kind;
5•Must have approval from any persons appearing in the Submission and the entrant must be able to provide express written consent of every such person appearing in the Submission (or if such person is a under 18 years old, then express written consent of the minor’s parent/guardian) to Sponsor and/or Administrator if requested;•Must not disparage Sponsor, Administrator, or any other person or party affiliated with the promotion and administration of this Contest;•Must not include personally identifiable information; •Sponsor discourages use of any logos, brand names or trademarks other than Sponsor’s, which Sponsor has granted entrant a limited license to use for purposes of this Contest. Use of logos, brand names or trademarks may be permitted provided such brand names or logos are not prominently featured. Sponsor reserves the right to disqualify any Submission, if Sponsor believes, in its sole and absolute discretion, that there is any inappropriate use of a logo, brand name, or trademark; •Must comply with all otherSubmission Guidelines and Requirements and provisions of these Official Rules;•Must not contain, facilitate, reference, or use material that is dangerous, fraudulent, inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous; •Must not contain, facilitate, reference or use material that contains prohibited content which shall include, but is not limited to content that promotes, suggests, or encourages:any cruelty to, or mistreatment in any way of animals; gambling, including without limitation, any content related to online casinos,sports books, bingo or poker;the use of firearms/weapons/ammunition, any illegal drugs, prostitution, pornography, nudity, profanity or other adult content, violence, or the use of alcohol or tobacco products;the taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government;•Must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way;•Must not contain, facilitate,reference, or use material that promotes bigotry, racism, hatred
6or harm against any group or individual or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status, or age; and •Must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created or otherwise promotes any unlawful, illegal, unsafe, dangerous or reckless behavior.NOTE: If any Submission fails to comply with any of these Submission Requirements or any other provisions of these Official Rules, Sponsor reserves the right, in its sole discretion, to disqualify the entrant and the Submission will not be eligible to win.SUBMISSIONS POSTED TO THE WEBSITE, TWITTER AND INSTAGRAMWERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligations to entrant. Sponsor reserves the right, in its reasonable discretion, to waive the ContestSubmissionRequirements set forth herein and during or upon completion of the ContestSubmission Phase, to request that any entrant resubmit his or her Submissionwhich fails to comply with the ContestSubmission Requirements prior to winner selection. Sponsor reserves the right to edit or modify any Submissions as needed. By submitting your Submission, you agree that your Submissionis gratuitous and made without restriction and will not place Sponsor under any obligation, that Sponsor is free to disclose the ideas contained in the Submissionon a non-confidential basis to anyone or otherwise use the Submissionwithout any additional compensation to entrant,and that your Submissionconforms to the SubmissionRequirements set forth herein. Entrant acknowledges that, by acceptance of a Submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than the entrant. By submitting aSubmission, you warrant and represent that the Submission: (i) is your original work; (ii) has not been previously published; (iii) has not won previous awards; (iv) does not infringe upon the copyrights, trademarks, rights of privacy, publicity, or other intellectual property or other rights of any person or entity; (v) that you have obtained permission from a
7person whosename, likeness or voice is used in the Submissionand (vi) that the publication or use of the Submissionvia various media including web posting, will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless, Sponsor, ContestEntities (defined below in Section 6), Twitter,Inc.and InstagramLLC(“Releasees”)from any claims to the contrary. Any entrant whose work includes the likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Submission, upon request, prior to award of prize. SPONSOR’S IP AND GENERAL SUBMISSIONTERMS: Sponsor grants entrants a limited, revocable, non-sublicensable license to use Sponsor’s name, product, trademarks and logos (collectively, “Sponsor’s IP”) for the sole purpose of participating in this Contest. Entrants are not permitted to make any further use of Sponsor’s IP for any purpose whatsoever. In addition, entrants recognize that all rights, title, and interest in Sponsor’s IP shall vest exclusively to the Sponsor, and entrant agrees that he or she has not and will not take any action that might harm or adversely affect such rights. No right, title, or interest in and to the Sponsor’s IP except for the limited license granted to entrant in these Official Rules is transferred or created. Each entrant further acknowledges and agrees that Sponsor’s IP rights are valid and enforceable, and that entrant shall do nothing to challenge the validity or enforceability of Sponsor’s IP in any forum. Entrants agree that the use of Sponsor’s IP is permitted only for the purpose of making a Submissionin this Contest, and that any use of Sponsor’s IP (whether in the Submissionor otherwise) beyond this scope infringes the rights of Sponsor and will result in irreparable harm to Sponsor.Each entrant retains ownership of his/her Submission. Each entrant hereby grants to Sponsor and its affiliated companies and designated agents a non-exclusive, transferable, perpetual, irrevocable, royalty free, unconditional, fully paid license and right(a)to post and to make, have made, use, copy, reproduce, modify, and create derivative works of any materials provided by the entrant with the entrant’s Submissionor otherwise through the Contest (“Contest Materials”), (b) to publicly perform or display, import, broadcast or transmit, distribute (directly and indirectly) license,offer to sell and sell, rent, lease, or lend copies of
8the materials (and derivative works thereof), and (c) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties. This license expressly includes aright (but not the obligation) for Sponsor to modify Entries to remove any third party intellectual property. Additionally, each entrant consents to the use of the name, statements, photographs, videos, voice recordings and likenesses of himself/herself and any other person appearing in the Contest Materials for publicity purposes, as well as any other purpose associated with the Contest. EACH ENTRANT REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT HE/SHE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY (OTHER THAN THE PRIZES STATED HEREIN IF SELECTED AS A WINNER) IN EXCHANGE FOR GRANTING SPONSOR THE NON-EXCLUSIVE LICENSE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH SUBMISSIONBY SPONSOR. If requested, entrant 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 Submission. 4.PRIZEAND APPROXIMATE RETAIL VALUE (“ARV’)(1):The prize is$5,000 cash, a one year supply of Whatchamacallitcandy bars(awarded as one case of standard sized bars),and the winner’s Submission candy bar namealong with his/her first name and last initialmay be printed on Whatchamacallit candy bars(as determined by Sponsor in its sole discretion)(“Prize”). There will be no more than onePrize in the Contest. The ARV of the Prize is $5,432.The Prize will not be redeemed or exchanged for cash, except where required by law. If, for any reason, more Prize notifications are sent (or more claims are received) than the number of Prizes offered, as set forth in these Official Rules, Sponsor reserves the right to award the intended number of Prizes by re-judging according to the Judging Criteria. No Prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute the Prize of equal or greater value in case of unavailability of the Prize.
95.JUDGING/SELECTION OF WINNERS:During the Judging Phase, all eligible Submissions will be judged by qualified judges selected by Sponsor in its sole discretion (“Judges”). The Judges will score each Submission according to the following weighted criteria: (i) “Relevance to the Brand”: 34%; (ii) “Creativity”: 33%; and (iii) “Originality”: 33%. All of these factors determine the Submission’s overall “Judges’ Score.”The oneSubmission that receives the highest Judges’ Score will be the potential winner, subject to verification of eligibility and compliance with these Official Rules. In the event of any ties, the highest score in criteria (i) “Relevance to the Brand”will be used to break any ties. If there is still a tie, the tied Submissionswill be re-judged to determine the winner. If the winner is found to be ineligible or does not comply with these Official Rules, he/she will be disqualified and the Submission with the next-highest Judges’Score will be named the potentialwinner. Administrator’s, Judges’and Sponsor’s decisions shall be final and binding in all matters pertaining to the judging and selection of the winner. 6.ELIGIBILITY: This Contest is offered to legal residents of the 50 United States and the District of Columbia, who are at least 18 yearsof age or older at the time of entry. Employees, officers, directors, representatives, and agents of Sponsor, Administrator, and each of their respective parent companies, subsidiaries, affiliates, and companies involved in the implementation and execution of the Contest (collectively “Contest Entities”) and each of their respective immediate family members (i.e., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win. Void where prohibited by law. All applicable federal, state, and local laws and regulations apply.Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Contest. Winningthe Prize is contingent upon fulfilling all requirements set forth herein. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor or Administrator.