OFFICIAL CONTEST RULES

Skinny Mixes’ Official Contest Rules and Legal Disclaimer

Introduction

Each participant (“you” or “Participant”) who enters the New Skinny Mixes, LLC (“Skinny Mixes”)-sponsored contest (the “Contest”), agrees to abide by these Official Contest Rules and Legal Disclaimer (the “Official Contest Rules”).  This Contest shall be administered by Skinny Mixes, whose decisions shall be final and binding in all respects. Skinny Mixes reserves the right, in its sole discretion, to modify these Official Contest Rules for clarification purposes without materially affecting the terms and conditions of the Contest.

NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE OF SKINNY MIXES’ PRODUCTS DOES NOT ENHANCE CHANCES OF WINNING.

1. Eligibility

The Contest is open solely to legal United States residents who (i) are 18 years of age or older at the time of entry, (ii) reside in the fifty (50) United States or Washington D.C. (excluding Puerto Rico and all U.S. territories); and (iii) are active teaching professionals, either paid or volunteers, in the education field.

Entries are limited to individuals. Business entities or other commercial organizations are not eligible to participate in the Contest.  Employees, officers, directors, or agents of Skinny Mixes, their (i) partners, related companies, agencies, or agents, (ii) immediate family (defined as spouse, parents, siblings, children, and grandparents), and (iii) household members are not eligible to participate. All applicable federal, state, and local laws and regulations apply. CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

2. Contest Period

The Contest begins on September 18, 2024, at 12:00 AM ET and ends on October 13, 2024 at 11:59 PM ET (the “Contest Period”). Contest entries that are submitted before or after the Contest Period will be disqualified.  Contest entries will be accepted for the duration of the Contest Period using the method outlined in the “How to Enter” section.

3. How to Enter

To enter the Contest, you must:

1. Post a TikTok video explaining why you and your colleagues deserve a breakroom makeover (the "Post");
2. Use the hashtag #TeachersDeserveABreak in the caption of your Post; and
3. Tag @SkinnyMixes in your Post.

(Numbers 1-3 collectively, the “Required Actions”).

Completing the Required Actions will grant you one (1) entry into the Contest. Skinny Mixes will not consider incorrect, fraudulent, incomplete, late, or otherwise non-conforming entries or entries that are intended to annoy, abuse, threaten, or harass any person or entity in any way. Entries generated by or otherwise utilizing artificial intelligence, macro, script, or other automated means are void. Any entrant using fraudulent means to participate in the Contest or who attempts to undermine the content or legitimate operation of the Contest will be disqualified and may be guilty of violating applicable civil or criminal laws. Skinny Mixes reserves the right to seek damages (including attorneys’ fees) and all other remedies from any person(s) responsible for the foregoing fraudulent activity, to the fullest extent permitted by law.

Notwithstanding anything in these Official Contest Rules to the contrary, eligibility is at the exclusive discretion of Skinny Mixes, and Skinny Mixes shall be entitled to reject any entrant for any reason or no reason at all without having to provide an explanation. Skinny Mixes reserves the right, in its sole discretion, to cancel, suspend, or terminate the Contest for any reason and without prior notice to any Participant. By taking the Required Actions, Participant affirms that they have read, understand and agree with these Official Contest Rules and further accepts the decisions of Skinny Mixes, which are final and binding. Participants understand that they are entering into the Contest at their sole risk.  Further, Skinny Mixes is not responsible for any claims arising from Participant’s entry in the Contest, including without limitation, violation of any terms of employment Participant may have with its employer or other professional organizations or any intellectual property infringement. Proof of taking the Required Actions is not considered proof of delivery to or receipt by Skinny Mixes of such entry. The Contest is in no way sponsored, endorsed or administered by, or associated with TikTok. ANY VIOLATION OF THESE OFFICIAL CONTEST RULES OR TIKTOK’S TERMS OF SERVICE OR USE BY ANY PARTICIPANT WILL RESULT IN DISQUALIFICATION, AND ALL PRIVILEGES (INCLUDING THOSE AS A WINNER, IF APPLICABLE) WILL BE IMMEDIATELY TERMINATED.

4. Representations and Warranties

By entering into the Contest, Participant represents and warrants as follows: (1) that Participant fully owns or has properly licensed (and in any event has the full and unrestricted right to grant rights in) whatever materials or information it submits hereunder in connection with the Contest and can make such submissions without violating any: applicable law, agreement with any third-party, and/or third-party right of any kind (including without limitation any intellectual property, data protection, privacy, or publicity right); (2) Participant’s entry into the Contest shall not contain any third-party personal information, profanity, vulgarity, inappropriate material, defamatory/slanderous materials or statements, alcohol/drugs, dangerous or violent activity or themes, persons under the age of eighteen (18), racism or bigotry, or unlawful material; (3) Participant shall comply with all local, state, or federal laws applicable to Participant’s participation in the Contest; and (4) Participant’s participation in the Contest will neither violate nor constitute a default under the provision of any law, rule, guideline, regulation, order, judgment, or decree to which Participant is subject, which is applicable to Participant’s performance hereunder and/or participation in the Contest, or which is binding upon Participant, including without limitation any advertising or confidentiality rules, or policies set forth by Participant’s employer or the facility in which Participant’s breakroom is located, as applicable.

Participant hereby agrees to indemnify and hold Skinny Mixes and the Skinny Mixes Parties (as defined in Section 8) harmless from and against any Losses (as defined in Section 7) to the extent arising out of Participant’s breach or alleged breach of this Section 4.

5. Prize Packages; Selecting and Notifying Prize Package Winners

During the week of October 14, 2024, members of Skinny Mixes’ Social Team will choose ten (10) Posts submitted for the Contest pursuant to Section 3, above (each a “Submission”) based on each such Submission’s overall engagement, creativity, and quality. Skinny Mixes shall announce the winning Submissions by no later than October 18, 2024 at 11:59 PM ET. The odds of winning the Contest depend on the number of eligible entries received during the Contest Period.

Skinny Mixes will contact the Participants that submitted the potentially winning Submissions via direct message to the TikTok account associated with each potentially winning Submission to confirm that such Participants are eligible for the Prize Package (as defined below). Participant hereby provides his/her express permission to be contacted by Skinny Mixes/its representatives in connection with the administration of the Contest.

Each Contest winner shall receive, subject to any of his or her performance obligations contained in these Official Contest Rules, a prize package with an approximate value of Two Thousand Dollars ($2,000) (the “Prize Package”). The Prize Package shall include: a bar cart, a Nespresso machine, a Nespresso coffee pack (with sixty (60) capsules), a GE Profile™ Opal™ 2.0 Nugget Ice Maker, a milk frother, a syrup rack organizer, a set of twelve (12) stackable coffee mugs, a Swig Short Tumbler, a Five Hundred Dollar ($500) virtual gift card, and a year’s supply of Skinny Mixes’ products (in the form of a Five-Hundred Dollar ($500) virtual gift card to Skinny Mixes’ website). The specifics of the Prize Package are determined solely by Skinny Mixes. Components of the Prize Package may be substituted in Skinny Mixes’ sole discretion due to availability or for any other reason. Skinny Mixes is not responsible for digital communications that are undeliverable or undelivered for any reason, insufficient space in a Participant’s account, or any other failure beyond its reasonable control. Any winners of the Contest may be required to show picture identification to claim the Prize Package and/or provide such other information as may be required to verify their eligibility to participate in the Contest, including a completed IRS Form 1099. Any potential winner will forfeit their Prize Package if they: (1) fail to respond within twenty-four (24) hours to any of Skinny Mixes’ requests for information or signatures with respect to the Contest or a Prize Package; (2) reject a Prize Package (or it is returned undeliverable through no fault of Skinny Mixes); or (3) is disqualified from the Contest for any reason. Each Prize Package winner is solely responsible for all applicable: (1) federal, state, and local taxes and the reporting consequences thereof; and (2) out-of-pocket expenses/any other fees or costs associated with Prize Package acceptance and use. The actual/appraised value of a Prize Package may differ from the actual/appraised value at the time a Prize Package is awarded to each of the selected winners. All Participants agree that information provided by Skinny Mixes is not tax or legal advice and each Participant is advised to consult a professional.

ALL COMPONENTS OF EACH PRIZE PACKAGE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SKINNY MIXES HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

EACH OF THE SELECTED CONTEST WINNERS MUST PROVIDE ALL TRUE, COMPLETE AND ACCURATE INFORMATION AND DOCUMENTATION REQUESTED BY SKINNY MIXES TO FACILITATE THE DELIVERY OF A PRIZE PACKAGE TO SUCH WINNER AND BEAR ALL RESPONSIBILITY IN CONNECTION THEREWITH, INCLUDING WITHOUT LIMITATION ANY RESPONSIBILITY (FINANCIAL OR OTHERWISE) THAT MIGHT ARISE AS BETWEEN PARTICIPANT AND ITS EMPLOYER. IF A SELECTED WINNER DOES NOT PROMPTLY PROVIDE SUFFICIENT INFORMATION TO ENABLE SKINNY MIXES TO DELIVER A PRIZE PACKAGE TO THE APPLICABLE WINNER OR SUCH WINNER IS OTHERWISE INELIGIBLE, SUCH SELECTED WINNER WILL NOT BE ELIGIBLE TO WIN THE CONTEST.

6. Intellectual Property Rights; Likeness

As a condition to entering the Contest and potentially receiving a Prize Package, you hereby grant to Skinny Mixes and our affiliates, and each of our respective direct and indirect licensees, successors, and assigns an exclusive, perpetual, irrevocable, freely transferable and sublicensable, fully paid-up and royalty-free right and license to adapt, modify, duplicate, create derivative works of, or otherwise use, the Submission, Post-Contest Content (as defined below) and any related content (collectively and severally, the “Contest IP”), including all copyrights and other intellectual property rights therein and all renewals and extensions thereof, in all formats and media, whether now known and existing or hereafter discovered or developed, throughout the universe, for all or any purposes whatsoever, including without limitation incorporating the Contest IP into Skinny Mixes’ marketing or promotional materials, without additional review, notice, compensation, or approval from you or any other person/entity. Further, subject to applicable law, you, as a condition to entering into the Contest and potentially receiving a Prize Package, consent to allow Skinny Mixes and its affiliates to use your Submission and any Post-Contest Content, including information you provide to Skinny Mixes, and any other information about you that is in your Submission/Post-Contest Content, or publicly available, for marketing, advertising, and publicity purposes (including for press outreach) in any media throughout the world at any time without the obligation to seek any further consent or to provide you with any notice, payment or other form of consideration. Participant agrees to execute any document, including a media release, reasonably required by Skinny Mixes to effectuate the terms hereof and failure to do so shall give rise to Skinny Mixes’ right to execute any and all such documents as Participant’s attorney-in-fact, which right shall be coupled with an interest and therefore, irrevocable.

Participant acknowledges and agrees that if Participant is chosen as a contest winner pursuant to Section 5 and receives a Prize Package, Skinny Mixes reserves the right to require Participant to deliver photographic or video evidence of Participant’s use of components of the Prize Package in Participant’s breakroom as well as any statements/testimonials of Participant in connection with the foregoing (the “Post-Contest Content”). Participant further acknowledges and agrees to promptly provide copies of such Post-Contest Content to Skinny Mixes. Notwithstanding the foregoing, if Participant is unable to provide any requested Post-Contest Content due to restrictions imposed on Participant in connection with his or her employment as a teaching professional, Participant shall provide written notice to Skinny Mixes.

Participant understands that its Submission will be publicly available, and that Participant may receive comments, messages, or other engagement with its Submission that Participant disagrees with or which may be upsetting to Participant. Participant acknowledges and agrees that Skinny Mixes is not responsible for any correspondence that Participant may receive from viewers of its Submission on the Internet or any other medium or from other third parties, including without limitation as a result of Skinny Mixes’ inclusion of all or parts of Participant’s Submission or Post- Contest Content in any videos or other material Skinny Mixes uses or posts.

7. Release

Subject to applicable law, the Participant, as a condition to entering into the Contest and potentially receiving a Prize Package, agrees to release, discharge, and hold harmless TikTok, Skinny Mixes, and each of their employees, officers, directors, affiliates, partners, advisors, agents and assigns, from and against any claim, cause of action, demand, or proceeding (each, a “Claim”) and any resultant loss, injury (including death), cost, expense, fee, fine, penalty, or other loss or expense of any kind, including attorneys’ fees (each, a “Loss”) relating to or arising directly or indirectly out of (a) his or her participation in the Contest, (b) Contest IP, (c) Skinny Mixes’ right to exploit Participant’s name, likeness, or Submission, or fully exploit any other right granted to it hereunder, including without limitation under Section 6, or (d) Participant’s receipt, use, or misuse of any Prize Package, no matter how such Claim or Loss arises (including without limitation, if arising out of any damage to a Participant’s computer system from downloading or using material from Skinny Mixes’ (or an affiliate of Skinny Mixes’) website). 

8. Limitation of Liability

IN NO EVENT WILL SKINNY MIXES, AND/OR SKINNY MIXES’ LICENSEES, EMPLOYEES, ADVISORS, AGENTS, OFFICERS, DIRECTORS, ASSIGNS, AFFILIATES, OR RELATED COMPANIES (COLLECTIVELY WITH SKINNY MIXES, THE “SKINNY MIXES PARTIES”), BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF ANY PARTICIPANT’S PARTICIPATION IN THE CONTEST, INCLUDING PARTICIPANT’S SUBMISSION, POST-CONTEST CONTENT, OR ANY CONFLICT BETWEEN PARTICIPANT AND ITS EMPLOYER IN CONNECTION WITH PARTICIPANT’S ENTRANCE INTO THE CONTEST, THESE OFFICIAL CONTEST RULES, AND/OR ANY PARTICIPANT’S RECEIPT OF A PRIZE PACKAGE, NO MATTER UNDER WHAT THEORY ARISING, EVEN IF ANY SKINNY MIXES PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SKINNY MIXES PARTIES’ ENTIRE LIABILITY WITH RESPECT TO: ANY PARTICIPANT’S PARTICIPATION IN THE CONTEST, THESE OFFICIAL CONTEST RULES, AND/OR ANY PARTICIPANT’S RECEIPT OF A PRIZE PACKAGE SHALL BE LIMITED TO $500. SOME JURISDICTIONS MAY NOT ALLOW THE AFOREMENTIONED LIMITATIONS OR EXCLUSIONS OF LIABILITY AND AS SUCH, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

9. Privacy Policy

Skinny Mixes will be collecting, storing, and using personal data about Participants to administer the Contest and exercise its rights hereunder, including without limitation, those relating to marketing and publicity. By entering into Skinny Mixes’ Contest, Participants agree to Skinny Mixes’ collection and use of their personal information. For more information on Skinny Mixes’ handling of personal information, see Skinny Mixes’ Privacy Policy, a copy of which can be found at the following link: https://privacy.skinnymixes.com/privacy-policy.

10. Dispute Resolution

Participant and Skinny Mixes mutually agree that any controversy or claim arising out of or relating to the Contest shall be settled by arbitration by the use of a private arbitrator chosen in Skinny Mixes’ sole discretion. The sole and exclusive location for arbitration of any controversy or claim arising out of or relating to this Agreement shall take place in Florida.  The arbitrator shall award reasonable costs and attorney fees to the prevailing party.  Participant and Skinny Mixes further mutually agree as follows: (1) that all disputes, causes of action, and claims connected to or arising in any way hereunder between the parties shall be resolved solely on an individual basis (i.e., class actions suits are hereby waived by the parties); (2) that the laws of the State of Delaware shall govern, without regard to its conflict of laws principles; and (3) that the parties hereto waive any right to a trial by jury.