Pinkberry® – Pinkberry Strawberry Shortcake 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. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, THE PARENT OR AFFILIATED COMPANIES OF THE SOCIAL MEDIA WEBSITES INSTAGRAM®, FACEBOOK®, OR TWITTER®. These Official Sweepstakes Rules may be viewed online at: www.pinkberry.com/2022sweepstakes

  1. Eligibility. The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia, who are 18 years of age or older at the beginning of the Sweepstakes Period (as defined in Section 3). 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), Shortcake IP Holdings LLC (“Shortcake IP Holdings”), Pacific Sunwear of California, LLC (“PacSun”), or each of their respective parent, 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.

    If you participate via your mobile phone, such activity will be subject to any 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, you may enter the Sweepstakes by accurately and fully completing the required online entry form available at www.pinkberry.com/2022sweepstakes (“Website”). By providing the required information at the Sweepstakes Website as directed, you will receive one (1) entry into the Sweepstakes (“Entry”). You may also enter as described in the Alternative Means of Entry section below. Once submitted, all Entries become the property of Sponsor.

    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.

    Alternative Means of Entry: To receive one (1) entry without completing the online entry form as described above, on a 3" x 5" piece of paper, print your name, complete address, daytime and evening telephone numbers (area code included), and date of birth, and mail entry in a properly stamped #10 envelope to: Kahala Management, LLC – Pinkberry Strawberry Shortcake Sweepstakes, 9311 E. Via de Ventura, Scottsdale, AZ 85258. Entries must be received by April 30, 2022 to be eligible.

    Limit: One (1) Entry per Entrant throughout the Sweepstakes Period. Entrants may only receive one (1) Entry into the Sweepstakes, regardless of method of entry. 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 such Entrant 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.

    Privacy: The personal information you provide at the time of Entry in the Sweepstakes will be subject to the law of the United States. All information provided at time of Entry is subject to the Sponsor's Privacy Policy posted at: https://www.pinkberry.com/privacy/index.php. By entering this Sweepstakes and providing personal information you agree to the use of your personal information as described in the above Privacy Policy. You are providing your information to Sponsor and not to Shortcake IP Holdings, PacSun, Facebook, Instagram, or Twitter.

  3. Sweepstakes Period. The Sweepstakes begins on Friday, March 18, 2022 at 12:01 AM Scottsdale, Arizona time and ends Saturday, April 30, 2022 at 11:59 PM Scottsdale, Arizona time (“Sweepstakes Period”). Sponsor’s computer is the official timekeeper for the Sweepstakes Period.  

  4. Prize, Approximate Retail Value ("ARV") and Odds. All details and other restrictions of the prizes not set forth in these Official Sweepstakes Rules will be determined by Sponsor in its sole discretion.

    • Prize: Ten (10) Entrants (each a “Prize Winner” and collectively “Prize Winners”) chosen at random, will each be awarded one (1) prize packet (each a “Prize” and collectively “Prizes”), which shall consist of:   

    • One (1) Gift Card for Pinkberry valued at Fifty and 00/100 USD ($50.00)
    • One (1) Strawberry Shortcake Berries and Friends Sweatshirt by PacSun
    • One (1) Strawberry Shortcake Cutie Pie Tee by PacSun
    • One (1) Strawberry Shortcake Stay Sweet Tee by PacSun
    • One (1) Strawberry Shortcake Canvas Tote by PacSun

    Total ARV: The total ARV of one (1) Prize is One Hundred Eighty-Two and 00/100 USD ($182.00). The total ARV of all Prizes is One Thousand Eight Hundred Twenty and 00/100 USD ($1,820.00).  Any difference between the approximate retail value and the actual retail value will not be awarded or refunded.  

    Odds: The odds of winning a Prize will vary depending on the number of valid, correct Entries received during the Sweepstakes Period.

    No substitution, assignment, exchange of cash, currency, credit, or transfer of the Prize by a Prize Winner is allowed. Sponsor reserves the right to substitute a Prize for one of equal or greater value. Prize Winners are solely responsible for any local, state, federal and other taxes and charges in connection with the receipt and/or use of the Prize. Any additional expenses incident to the receipt and/or use of the Prize is sole responsibility of each Prize Winner. Should a potential Prize 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 Monday, May 2, 2022 (“Winner Selection Date”) Prize Winners will be selected in a random drawing from among all eligible entries received during the entire Sweepstakes Period.  There will be a total of ten (10) Prize Winners selected.  Each Prize Winner must claim his/her Prize as set forth in Section 6 below.  Sponsor’s decisions in all matters relating to the Sweepstakes are final.     

  6. Notification and Claiming Prize: Sponsor will use reasonable efforts to notify the Prize Winners by email or by telephone call on or about May 2, 2022 (“Notification”). To claim his/her Prize, each Prize Winner will be directed to contact the Sponsor with additional information, including his or her mailing address, in order to claim the Prize. Prizes will be delivered to Prize Winners by mail.  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 to claim prize.      

    If a Prize Winner 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 Prize Winner will have ten (10) days from the time of Sponsor's Notification to claim his/her 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 the Prize(s) are claimed or forfeit the Prize(s) 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 and/or the independent Sweepstakes organization (as may be applicable), 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 Winner 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, 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, Instagram®, Facebook®, Twitter® 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.

    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 a Prize.

  8. Release and limitations of liability: Except where prohibited, by participating in the Sweepstakes, each Entrant agrees to release, indemnify, defend and hold harmless Sponsor, and its related companies, promotional partners (if applicable), Pinkberry® licensees/franchisees, Instagram®, Facebook®, Twitter®, Shortcake IP Holdings, PacSun, 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. Released Parties make no representations or warranties of any kind concerning the appearance, performance or safety of any Prize awarded.  No more that the stated number of Prizes shall be awarded. The Prize Winner shall bear all risk of loss or damage to 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. Shortcake IP Holdings LLC and PacSun are not sponsors, co-sponsors, or administrators of this Sweepstakes. You are providing your information to Sponsor and not to Shortcake IP Holdings or PacSun.  

  11. Winners List Request: After May 31, 2022, for a Winner’s list, send an email with the subject line, “Pinkberry Strawberry Shortcake Sweepstakes Winner’s List Request” to customerservice@kahalamgmt.com. The Winner’s list will contain the first name, last initial and state of the Winner.

    // End of Official Sweepstakes Rules //

    ©2022 Kahala Management, L.L.C. All rights reserved. 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.