Pinkberry Instagram Contest - Terms and Conditions


1. PROMOTION DESCRIPTION: To celebrate Pinkberry’s new pumpkin flavor, Pinkberry is hosting The Pinkberry pumpkin Contest (the “Contest”) in which one lucky winner ("Prize Winner") will receive a one hundred dollar($100.00) Pinkberry gift card for purchase of Pinkberry products ("Prize") in accordance with the rules of this Contest.

Entry in this Contest does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Contests, each contestant and his or her parent or legal guardian if the contestant is an eligible minor, unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Pinkberry, Inc., 3130 Wilshire Blvd, 4th Floor, Santa Monica, CA 90403 (the “Sponsor”), which shall be final and binding with respect to all aspects of the Contest.

Sponsor reserves the right to amend these Terms and Conditions and/or cancel the Contest at its sole discretion.

2. ELIGIBILITY: The Contest is open to United States residents only, aged 14 years and older.

3. CONTEST ENTRY DATES: The Contest starts at 11am EDT on October, 8, 2013 and ends October 31, 2013 at 12pm PDT.

4. HOW TO ENTER: To enter the Contest, you must: (i) have a registered account for the Instagram application (“Instagram”); (ii) set your settings to PUBLIC; and (iii) upload/post a photo or video with a Pinkberry pumpkin theme and include in the photo comments section hashtag “#Pinkberry Obsession” (collectively, an “Entry”). Entries must be submitted in the format(s) accepted on Instagram and must be created solely by each entrant. Furthermore, Entries must comply with Instagram’s terms of use and these Official Rules. If you do not already have an Instagram account, you must download the Instagram application to participate in the Contest. Instagram is free to download and join. Any Entry that does not include all required information and adhere to the foregoing and following requirements will be considered void and will not be considered in the judging of this Contest. NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN.

5. CONDITIONS OF ENTRY: Once submitted, Entries cannot be deleted, cancelled or modified.

All Entries must be received by October, 31 2013 at 12:00 p.m. PDT. Contestants can submit multiple entries during this time. Proof of sending or submission will not be deemed to be proof of receipt of any Entry by Sponsor. Entries will be deemed to have been submitted at the time when the entry is posted publicly on Instagram by the registered account holder of the Instagram account.

Contestant warrants and represents: (a) he/she is the sole and exclusive creator and owner of the Entry, including all rights therein; (b) contestant has the full and exclusive right, power and authority to submit the Entry and to grant Sponsor the rights to the Entry, including but not limited to the worldwide copyright; (c) no part of the Entry has been previously published, or; (d) no rights in the Entry have been previously granted to any person, firm, corporation or other entity. Sponsor reserves the right in its sole discretion to disqualify any Entry at any time in the event it is determined that the Entry is offensive, inappropriate, not in keeping with Sponsor’s images or if it is determined that the contestant has not otherwise complied with these Official Rules. If the Entry contains any material or elements that are not owned by the contestant and/or which are subject to the rights of third parties, the contestant is responsible for obtaining, prior to Entry of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any participant at any time.

Sponsor reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion.

6. DETERMINATION OF WINNER: Promoter will choose the winner in its sole discretion. The winner will be notified via Instagram sometime after the close of the competition on October, 31 2013, by leaving a comment on the winning photo. If you are awarded the Prize and are unable to claim the Prize, there is no in place compensation. The Prize is non-transferable and cannot be redeemed for cash. The prize will distributed via email and sent as a egift i.e. electronic gift card. The winner must have an email address to receive the prize. The winner cannot win 2 months consecutively.

7. TECHNICAL ERRORS: The Promoter does not accept any responsibility for any Entries not being properly recorded or received. The Promoter does not accept any responsibility for any network congestion, technical failure or other problem which results in any Entries not being properly recorded or received.

8. ASSIGNMENT OF RIGHTS: Contestant hereby acknowledges that Entry and all other materials of every kind whatsoever created by contestant relating to the Contest (collectively, “Work”) is created for the Sponsor and the Sponsor is the sole and exclusive owner, in perpetuity and throughout the universe, of all right, title and interest in and to the Work, including without limitation all copyrights in and to the Work (and all renewals and extensions thereof now or hereafter provided by law) and all the rights therein and thereto, and may exploit the Work (and all rights therein) in any manner throughout the world without restriction.

By submitting an Entry, contestant acknowledges and agrees that Sponsor may obtain many submissions under this Contest and that such Entries may be similar or identical in theme, idea, format or other respects to others submitted under this Contest and/or other contests staged and/or sponsored by the Sponsor, and waive any and all claims contestant may have had, may have, and/or may have in the future, that any composition, film and/or other works accepted, reviewed and/or used by the Sponsor (or its designees) may be similar to his/her Entry. Contestant acknowledges and agrees that the Sponsor does not have now, nor shall any of them have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to contestant’s Entry.

9. PUBLICITY RELEASE AND ACCESS: Entry constitutes permission (except where prohibited by law) to use participant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.

10. RELEASES: By entering the Contest, contestants agree to release and hold harmless Sponsor from all claims, liability or damage caused or claimed to be caused, in whole or in part, directly or indirectly, in connection with participation in this Contest, or acceptance or use of the prize, the substitution of a prize in accordance with these Official Rules, the administration of the Contest, the operation of the website or Sponsor’s use of any of the rights granted herein. Sponsor assumes no responsibility for the conduct of any contestant or voter or the responses of anyone appearing in any Entry.

11. DISPUTES: Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, the Prize, or the Design awarded shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest Los Angeles, California; (2) the Federal Arbitration Act will govern the interpretation, enforcement and all proceedings at such arbitration; (3) judgment upon such arbitration award may be entered in any court having jurisdiction; and (4) unless otherwise prohibited, under no circumstances will Participant be permitted to obtain awards for, and participant hereby waives 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 participant and Sponsor in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

12. SPONSOR: The Sponsor is Pinkberry, Inc., 3130 Wilshire Blvd, 4th Floor, Santa Monica, CA 90403.

This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Sponsor and not to Instagram. The information you provide will only be used in connection with, or relating to, the administration of this Contest and support of the Sponsor’s social network pages (including, without limitation, any marketing communications you opt-in to receive from Sponsor) and in accordance with these Official Rules.