Pinkberry® Mamma Mia! Here We Go Again Digital Download Sweepstakes (“Sweepstakes”)
Official Sweepstakes Rules (“Official Sweepstakes Rules”)
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY AGREEMENT MAY BE REQUIRED. THESE SWEEPSTAKES ARE IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, THE PARENT OR AFFILIATED COMPANIES OF THE SOCIAL MEDIA WEBSITE FACEBOOK®, TWITTER® OR INSTAGRAM®. These Official Sweepstakes Rules may be viewed online at: https://www.pinkberry.com/mammamia2.
- 1. Eligibility. The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia, who are above the age of majority in their state of residence at the beginning of the Sweepstakes Period (as defined in Section 3), who have access to the Internet, who have a valid and operating email account, and who have a Twitter®, Facebook® or Instagram® account. Participants, who wish to sign up for a free Twitter® account, visit http://twitter.com/, free Instagram account, visit http://instagram.com/ or free Facebook account, visit http://facebook.com/. The Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law.
Employees of, members of the immediate family of, or those domiciled with an employee (whether related or not) of Sponsor (as defined in Section 10), Universal Pictures Marketing, a division of Universal Film Exchanges LLC (“Universal”) or each of their parents, affiliates, subsidiaries, and Pinkberry® licensees, franchisees and their employees are ineligible to participate or win.
An eligible individual, who enters the Sweepstakes, is hereafter referred to as an “Entrant” or “you“. Each Entrant unconditionally accepts and agrees to comply with and abide by these Official Sweepstakes Rules, and may be required to verify that they meet eligibility requirements as outlined herein.
In addition to compliance with these Official Sweepstakes Rules, if an Entrant enters via Facebook, Instagram, or Twitter, they must also comply with the terms of the service of the applicable social media platform https://www.facebook.com/terms.php, www.instagram.com/about/legal/terms and/or https://twitter.com/tos?lang=en, as applicable). Facebook, Twitter, and Instagram are not participants or sponsors, nor do they endorse, administer or promote this Sweepstakes. You are providing your information to Sponsor and not to Facebook, Twitter, or Instagram. If you participate via your mobile phone, such activity will be subject to the charges pursuant to your wireless service provider’s rate plan. Please consult your wireless service provider for more information.
- 2. How to Enter the Sweepstakes. During the Sweepstakes Period (as defined in Section 3), tag a friend in the comments section of Sponsor’s social media post promoting the Pinkberry Mamma Mia! Digital Download Sweepstakes on Facebook, Twitter or Instagram.
- Entries that are incomplete, defamatory, disparaging, hateful, offensive, illegible, false, deceptive, garbled, or portraying or advocating alcohol, illegal drugs, tobacco, firearms or weapons; or Entries that include any activities that may appear unsafe or dangerous, or that advocate any political agenda are not eligible, with such eligibility to be determined by Sponsor in its sole discretion.
Limits: Limit One (1) Entry Per Entrant Per Social Media Platform (Facebook, Twitter and Instagram ONLY) Throughout The Sweepstakes Period. There is a limit of one (1) Prize (as defined in Section 4) per Entrant throughout the Sweepstakes Period. Entrants are not permitted to use another person’s identity. Any Entrant, who uses multiple names or otherwise attempts to enter multiple times in violation of these Official Sweepstakes Rules, shall be disqualified from the Sweepstakes. If it is discovered by Sponsor (using any evidence or other information made available to or otherwise discovered by Sponsor) that any Entrant has attempted, or has used any other identities or system(s) or program(s) to participate in or disrupt the Sweepstakes, then he or she shall be disqualified from the Sweepstakes in the sole and absolute discretion of Sponsor. Failure to comply with these Official Sweepstakes Rules and the decisions made by Sponsor may result in an Entrant being disqualified from the Sweepstakes.
IF ANY OF THE INFORMATION THAT IS SUPPLIED IS INCORRECT, INCOMPLETE, OR UNTRUTHFUL (OR IF YOU ARE IN VIOLATION OF THESE OFFICIAL SWEEPSTAKES RULES), YOUR ENTRY WILL BE INVALID AND YOU WILL BE INELIGIBLE FOR THE PRIZES.
- 3. Sweepstakes Period. The Sweepstakes begins on Tuesday, October 9, 2018 at 10:00 A.M. Mountain Standard Time, and end Tuesday, October 9, 2018 at 11:59 PM Mountain Standard Time (“Sweepstakes Period”). Sponsor’s computer is the official timekeeper for the Sweepstakes.
- 4. Prizes, Approximate Retail Value (“ARV”) and Odds. All details and other restrictions of prizes not set forth in these Official Sweepstakes Rules will be determined by Sponsor in its sole discretion. Entrants will enter the Sweepstakes according to the rules included in Section 2.
Prize: Ten (10) Entrants (referred to individually as a “Winner” and collectively as “Winners”) will each be awarded one (1) prize, which shall consist of one (1) digital download of the film Mama Mia! Here We Go Again! with a retail value of Fourteen and 99/100 USD ($14.99) and one (1) Pinkberry gift card, with the retail value of twenty five and 00/100 dollars ($25.00) (referred to individually as a “Prize” and collectively as “Prizes“). The ARV of one (1) Prize is Thirty Nine and 99/100 USD ($39.99).
- Total ARV. the total ARV of the ten (10) Prizes is Three Hundred Ninety Nine and 99/100 Dollars ($399.90). Any difference between the approximate retail value and the actual retail value will not be awarded and any difference will not be refunded.
- Odds the odds of winning a Prize will vary depending on the number of valid Entries received during the Sweepstakes Period.
No substitution, assignment, exchange of cash, currency, credit, or transfer of any Prize by a Winner is allowed. Sponsor reserves the right to substitute a Prize for one of equal or greater value. A Winner is solely responsible for any local, state, federal and other taxes and charges in connection with the receipt and/or use of a Prize. Any additional expenses incident to the receipt and/or use of a Prize is sole responsibility of the individual Winner. Should a potential winner decline or fail to claim a Prize, or be unreachable, Sponsor reserves the right to either select an alternate winner until the Prize is claimed or forfeit the Prize with no replacement winner being selected.
- 5. Winner Selection. On or about Friday, October 12, 2018 (“Winner Selection Date”) Sponsor or its designee will select the Ten (10) Winners each at random from all valid Entries received by Sponsor during the Sweepstakes Period. Sponsor’s decisions in all matters relating to the Sweepstakes are final.
- 6. Notification and Claiming Prize. Sponsor will notify the Winners by sending a direct message (“DM”) to each Winner at his or her Facebook®, Twitter® user handle, Instagram® account or email address provided by Entrant (“Notification”) on or about Friday, October 12, 2018. To claim his/her Prize, Winners will be directed to contact the Sponsor with additional information in order to claim the Prize. Winners may be required to execute the Sponsor’s affidavit of eligibility/release of liability/prize acceptance and any other documentation reasonably requested by Sponsor.
If a Winner(s) does not comply with these Official Sweepstakes Rules, meet eligibility requirements, does not claim the Prize within the required timeframe of Sponsor’s Notification (Each Winner will have five (5) days from the date of Sponsor’s Notification to claim their Prize), or does not timely comply with all of Sponsor’s instructions to claim a Prize, Sponsor has the option to either select an alternate winner until all Prizes are claimed or forfeit Prizes with no replacement Winner being chosen.
- 7. General conditions. By entering the Sweepstakes, Entrants agree to abide by these Official Sweepstakes Rules and the decisions of the Sponsor, which are final. If for any reason the Sweepstakes is not capable of running as planned by reason of infection by virus, bugs, worms, malware, spyware, hacking, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of the Sponsor, may corrupt or affect the administration, operation, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and select the winners from the Entries received prior to the action taken, or by other means deemed fair and appropriate by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify an Entrant if Sponsor: (a) learns or suspects that Entrant has misappropriated another’s identity, or infringed upon the rights of any person or entity; (b) finds that Entrant has tampered, is tampering or plans to tamper with the entry process or the operation of the Sweepstakes; or (c) believes that Entrant has violated these Official Sweepstakes Rules. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be in violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Sweepstakes Rules shall not constitute a waiver of that provision.
By entering the Sweepstakes, Entrants agree to abide by these Official Sweepstakes Rules and the decisions of Sponsor and/or the independent sweepstakes organization (as may be applicable), which are final. By entering the Sweepstakes, each Entrant hereby grants to Sponsor, its affiliates, and its licensees the right and license to use Entrant’s entry, name, image, likeness, voice, photograph, Facebook®, Twitter®, Instagram® handle, statements, biographical information, content and Prize status, in whole or in part, for promotional, advertising and/or publicity purposes in any media, now known or later developed and available, throughout the world and in perpetuity, without compensation or notice to, or further consent of, the Entrant, to the extent permitted by law. Sponsor is not responsible for any typographical or other error in the printing, the offering, or the announcement of a Prize or in the administration of the Sweepstakes. By accepting a Prize, the Winner releases Sponsor and its affiliated and related companies, Pinkberry® licensees/franchisees, Universal Pictures Home Entertainment LLC, and their respective officers, directors, employees and agents, including, without limitation, their advertising and promotional agencies and the independent sweepstakes organizations, from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or misuse of a Prize.
Entrant consents to being contacted by Sponsor for Sweepstakes-related purposes, which include, but are not limited to, Prize eligibility notifications and Prize claim notifications. Entrant also pledges, agrees and consents that he/she shall not employ the use of spamming software or some other electronic means to enter or influence the Sweepstakes or its results. All such participants and entrants shall be disqualified from winning any Prize. No two Entrants may share a Facebook®, Instagram® or Twitter® account.
No substitution, assignment, exchange of cash, currency, credit, or transfer of any Prize by a Winner is allowed. Sponsor reserves the right to substitute a Prize for one of equal or greater value. Each Winner is solely responsible for any local, state, federal and other taxes and charges in connection with the receipt and/or use of a Prize. Any additional expenses incident to the receipt and/or use of a Prize is sole responsibility of the individual Winner.
- 8. Release and limitations of liability. Except where prohibited, by participating in the Sweepstakes Entrant agrees to release, indemnify, defend and hold harmless Sponsor, and its related companies, promotional partners, (including Universal Pictures Home Entertainment LLC), Facebook, Instagram, Twitter and each of their respective parent, subsidiaries, affiliates, successors, predecessors, and their respective agents and agencies, and their respective officers, directors, employees and agents (collectively, “Released Parties”) from and against any claim, cause of action, loss, fine, award, judgment, demand, lawsuit, obligation, interest, tax, penalty or other damage, including, without limitation, attorneys’ fees, expert fees and costs, arising out of or in connection with Entrant’s participation in the Sweepstakes, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) errors in the administration of the Sweepstakes; or (d) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes and/or receipt and/or use of a Prize. Entrant assumes all liability for any injury or damage caused, or claimed to be caused, by participation in the Sweepstakes or the acceptance or use of a Prize.
- 9. Disputes. By entering this Sweepstakes, you agree: (a) to be bound by these Official Sweepstakes Rules and by all applicable laws and decisions of Sponsor, which shall be binding and final; (b) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes shall be resolved individually, without resort to any form of class action, and exclusively by the state or federal courts located in Maricopa County, Arizona; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, excluding Entrant’s attorneys’ fees, expert fees and costs; and (d) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, special and consequential damages and any other damages other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ENTRANT. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Sweepstakes Rules and the rights and obligations of the Entrant and Sponsor in connection with the Sweepstakes shall be governed by and enforced in accordance with the laws of the State of Arizona, without giving effect to any conflict of laws rules (whether of the State of Arizona or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Arizona. These Official Sweepstakes Rules shall be binding upon and inure to the benefit of Sponsor’s and each Entrant’s respective successors, assigns, estates, executors and heirs.
- 10. Sponsor. Kahala Management, L.L.C., 9311 E. Via de Ventura, Scottsdale, AZ 85258.
- 11. Winners List Request. After October 26, 2018, for a Winners list, send a self-addressed stamped envelope (void where prohibited) for receipt, no later than January 31, 2018 to: Pinkberry® Mamma Mia! Digital Download Sweepstakes Winners List Request, c/o Kahala Management, 9311 E Via De Ventura, Scottsdale, Arizona 85258. Winners List will contain first name, last initial and state of winner.
// End of Official Sweepstakes Rules //
©2018 Kahala Management, L.L.C. Pinkberry® is a registered trademark of Kahala Franchising, L.L.C. All other trademarks referenced in these Official Sweepstakes Rules are the property of their respective owners.
Universal Pictures Marketing, a division of Universal Film Exchanges LLC and its parents, affiliates and subsidiaries are not responsible for the promotion, administration, fulfillment or execution of this Sweepstakes.
Mamma Mia! Here We Go Again is a trademark and copyright of Universal Studios. All Rights Reserved.