Noggy and Bright
Terms and Conditions

For your chance to participate in “Noggy and Bright” (the “Promotion”) simply access TikTok on your mobile device, and reply to @AlmondBreeze’s post to submit by dueting one of our videos, along with hashtag #NoggyAndBright. You must follow @AlmondBreeze on TikTok to win. Promotion will take place from December 2, 2021 – December 8, 2021.

You must have the Tik Tok app and account to enter the Promotion. If you do not have the TikTok app, you may download it for free through the application store on your device. You agree to incur any and all charges demanded by your wireless carrier. You should also check your device's features for capabilities and check the device manual for specific use instructions.

All Promotion submissions and posts shall be collectively referred to herein as the “Submissions” or each as a “Submission.” Submissions must comply with the Guidelines and Restrictions defined below.

By submitting your Submission, you warrant and represent that: (a) you are the sole and exclusive owner of the Submission; and (b) the Submission will not infringe on any rights of any third parties.

Providing a Submission constitutes your consent to give Blue Diamond Almonds (“Sponsor”) a royaltyfree, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, in perpetuity, and to incorporate it into other works, in any form, media or technology now known or later developed, for any purpose whatsoever, including for promotional or marketing purposes.

Participants must be at least thirteen (13) years of age. Void where prohibited, taxed or restricted by law. Employees, officers and directors of Sponsor and its parent company, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of promotion materials, and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees, officers and directors are not eligible to enter. All federal, state and local laws and regulations apply. By posting a Submission, you agree that your Submission conforms to the following guidelines and restrictions (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove any Submission if it believes, in its sole discretion, that it fails to conform to the Guidelines and Restrictions.

Submission Guidelines:

  • The Submission must be in a format compatible with Tik Tok.
  • The Submission must be primarily in English.
  • The Submission must not include images of any individual other than you.

Content Restrictions:

  • The Submission must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
  • The Submission must not disparage Sponsor or any other person or party;
  • The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
  • The Submission must 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;
  • The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations of the United States or of any jurisdiction where Submission is created;
  • The Submission must be consistent with the image and values of Sponsor and be consistent with and satisfy the purpose of the Promotion.

By posting a Submission, you fully and unconditionally agree to be bound by these terms and the decisions of the Sponsor, which will be final and binding in all matters relating hereto.

Sponsor, in its sole discretion, will chose the Submissions that will be featured in the supercut of our online film. 7 winners will be selected, 1 winner per scene. The Winners will be notified through direct message on TikTok within five (5) days after entries close. If winner is a minor in his or her state of residence, parent / legal guardian agrees to be bound by all of these rules on the winner’s behalf.

BY PARTICIPATING, YOU AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, TWITTER AND THEIR ADVERTISING AND PROMOTIONS AGENCIES AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, “RELEASED ENTITIES”), FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN THE PROMOTION AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION. Participation in the Promotion constitutes each winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, and/or any statements made by each winner regarding the Promotion or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law.

Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Promotion, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Promotion. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Promotion should (in its sole discretion) 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 Promotion.

IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO AND/OR USE OF ANY SITES ASSOCIATED WITH THE PROMOTION.

12. Use of Data. Sponsor will be collecting personal data about submitters online, in accordance with its privacy policy. Please review Sponsor’s privacy policy at https://www.bluediamond.com/privacy. By participating in the Promotion, you hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.

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