Pinkberry® The Good Place 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. EACH POTENTIAL WINNER MAY BE REQUIRED TO EXECUTE AN AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY AGREEMENT. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, NBCUNIVERSAL MEDIA, LLC (DEFINED BELOW), OR THE PARENT OR AFFILIATED COMPANIES OF THE SOCIAL MEDIA WEBSITES FACEBOOK®, TWITTER® OR INSTAGRAM®. VOID OUTSIDE THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, AND WHERE PROHIBITED BY LAW. These Official Sweepstakes Rules may be viewed online at: https://www.pinkberry.com/WhatTheForkPinkberry (“Sweepstakes Website“).
- 1. Eligibility. The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia (the “Territory”), who are above the age of majority in their state of residence at the start of the Sweepstakes Period (as defined in Section 3). To claim the prize, the winner must be a Pinkberry Pinkcard loyalty member. Pinkberry Pinkcard membership is free. To join, visit https://www.pinkberry.com/loyalty and follow the instructions on how to join.
Employees of Sponsor (as defined in Section 10), and their respective parents, affiliates, subsidiaries, and members of their immediate family (spouse, parents, siblings and children) or those domiciled with an employee (whether related or not) of Sponsor or their respective parents, subsidiaries or affiliates, are not eligible to participate or win. Pinkberry® licensees, franchisees and their employees are ineligible to participate or win. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, NBCUniversal Media, LLC, Facebook, Twitter or Instagram.
An eligible individual, who enters the Sweepstakes, is hereafter referred to as an “Entrant”, “you” or “your“. Each Entrant unconditionally accepts and agrees to comply with and abide by these Official Sweepstakes Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes, and may be required to verify that they meet eligibility requirements as outlined herein.
In addition to compliance with these Official Sweepstakes Rules, if Entrants enter 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). Note that your entry via Facebook, Twitter, or Instagram will not be considered successfully submitted if your account settings prevent Sponsor from seeing your Entry (as defined in Section 2). Neither Facebook, Twitter, nor Instagram are participants or sponsors of this Sweepstakes, 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. No Purchase Necessary to Enter or Win. A purchase or payment of any kind does not increase your chances of winning. Entrants may enter the Sweepstakes in three (3) different ways; however, Entrants may enter only once per Social Media platform throughout the Sweepstakes Period (as defined in Section 3).
- A. Entry via Facebook®: During the Sweepstakes Period, post a photo of your Pinkberry swirl using the hashtag “#WhatTheForkPinkberrySweepstakes” to your Facebook® timeline. Alternatively, Entrants can visit https://www.facebook.com/pinkberry and comment on Sponsor’s posts about the Pinkberry The Good Place Sweepstakes using the hashtag “#WhatTheForkPinkberry”. Entrants must have a valid Facebook account to be eligible to enter via this entry method. You must include the hashtag “#WhatTheForkPinkberrySweepstakes” in your post for your entry to be valid.
B. Entry via Instagram®: During the Sweepstakes Period, post a photo of your Pinkberry swirl using the hashtag “#WhatTheForkPinkberrySweepstakes” in your post. Alternatively, Entrants can visit https://www.instagram.com/pinkberryswirl/?hl=en and comment on Sponsor’s posts about the Pinkberry The Good Place Sweepstakes using the hashtag “#WhatTheForkPinkberrySweepstakes”. Entrants must have a valid Instagram account to be eligible to enter via this entry method. You must include the hashtag “#WhatTheForkPinkberrySweepstakes” in your post for your entry to be valid.
C. Entry via Twitter®: During the Sweepstakes Period, tweet a photo of your Pinkberry swirl to @pinkberry using the hashtag “#WhatTheForkPinkberrySweepstakes” in your tweet. Alternatively, Entrants can visit Sponsor’s Twitter page at https://twitter.com/pinkberry and comment on Sponsor’s posts about the Pinkberry The Good Place Sweepstakes using the hashtag “#WhatTheForkPinkberrySweepstakes”. Entrants must have a valid Twitter account to be eligible to enter via this entry method. You must include the hashtag “#WhatTheForkPinkberrySweepstakes” in your post for your entry to be valid.
Each of the above is individually an “Entry” and collectively, “Entries”. Each Entry received by Sponsor during the Sweepstakes Period constitutes one Entry into the Sweepstakes. If your posts on Facebook, Twitter or Instagram are not visible to the public, the Sponsor may not receive your Entry. All valid Entries received by Sponsor during the Sweepstakes Period will be eligible to win a Prize (as defined in Section 4). All Entries become property of the Sponsor.
Limit One (1) Entry Per Entrant Per Social Media Platform (Facebook, Instagram and Twitter ONLY): There is a limit of one (1) Entry per Entrant per Social Media platform (Facebook, Instagram and Twitter ONLY) throughout the Sweepstakes Period and a limit of one (1) Prize per Entrant. Entrants, who enter more than once, employ any spamming techniques, use multiple usernames, or otherwise attempt to enter multiple times in violation of these Official Sweepstakes Rules, shall be disqualified from the Sweepstakes. No Entrants may share a Facebook, Instagram or Twitter account or username. Entrants are not permitted to use another person’s identity. 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. Entries must also comply with the Entry Requirements described below. In the event of a dispute as to the identity of an entrant, the Entry will be deemed submitted by the authorized account holder of the relevant email address or social media account used to enter. “Authorized account holder” is defined as the natural person who is assigned to the relevant email or social media account. Potential winners may be required to show proof of being the authorized account holder.
ENTRY REQUIREMENTS: Ineligible entries include those that are unresponsive, as well as those that are, in whole or in part, (i) threatening, abusive, harassing, defamatory, libelous, hateful, embarrassing to another person or entity, deceptive, obscene, invasive or another’s privacy, tortious, or contains racial slurs; (ii) contain advertisements, spam, references to other products, offers, websites, competitors; (iii) contain explicit or graphic descriptions or accounts of, sexual acts, (iv) contain email addresses, phone numbers, links to websites, physical addresses or other forms of contact information; or (v) are not within the spirit of the Sweepstakes, as determined by Sponsor in Sponsor’s sole discretion (“Entry Requirements“).
- 3. Sweepstakes Period. The Sweepstakes begins on Thursday, September 27, 2018 at 12:01 A.M. Scottsdale, Arizona time, and ends on Thursday, September 27, 2018 at 11:59 P.M. Scottsdale, Arizona time (“Sweepstakes Period”). Sponsor’s computer is the official timekeeper for the Sweepstakes.
- 4. Prizes, Approximate Retail Value (“ARV”) and Odds. Twenty Five (25) Prizes will be awarded to Twenty Five (25) Entrants in this Sweepstakes (hereafter a “Prize” or “Prizes”). The Twenty Five (25) Prizes shall be awarded to Twenty Five (25) separate Entrants (each a “Winner“, collectively the “Winners“), and each Winner will receive one (1) small Pinkberry swirl with toppings, which will be loaded directly onto the Winner’s Pinkberry Pinkcard, with the approximate retail value of Seven and 00/100 Dollars ($7.00).
Total ARV: The ARV of one (1) Prize is Seven and 00/100 Dollars ($7.00). The total ARV of the Twenty Five (25) Prizes is One Hundred Seventy Five and 00/100 Dollars ($175.00). 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.
Each Prize, which will be loaded onto each Winner’s Pinkberry Pinkcard, is redeemable at participating U.S. Pinkberry® locations. Note: a Prize at a self-serve location only consists of a maximum eight (8) ounces. There is no substitution, assignment, cash equivalent for any Prize, currency, credit, or transfer of any Prize by a Winner allowed, except that Sponsor, in its sole discretion, can substitute a Prize for a prize of equal or greater value. Winners are solely responsible for any federal, state and/or local income taxes, if any. Any and all expenses not stated for any Prize are the sole responsibility of the applicable Winner.
If, due to an error, there are more claims for Prizes than Prizes stated in these Official Sweepstakes Rules, Sponsor reserves the right to award additional Prizes through an additional selection of eligible Prize claims. Should a Winner decline or fail to claim a Prize, or be unreachable, Sponsor reserves the right to either select an alternate winner until all Prizes are claimed or forfeit Prizes with no replacement winner being selected.
- 5. Winner Selection. On or about Monday, October 1, 2018 (“Winner Selection Date”) Sponsor or its designee will select the Twenty Five (25) Winners each at random from all valid Entries received by Sponsor during the Sweepstakes Period. Sponsor’s decisions in all matters relating to this Sweepstakes are final. Winners must claim their Prize as set out in Section 6.
- 6. Notification and Claiming Prize. Sponsor will notify the Winners by sending a digital 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 Tuesday, October 2, 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 Winners do not comply with these Official Sweepstakes Rules, meet eligibility requirements, do not claim the Prize within the required timeframe of Sponsor’s Notification (Winners will have five (5) days from the date of Sponsor’s Notification to claim their Prize), or do not timely comply with all of Sponsor’s instructions to claim the Prizes, 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 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 this 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 or is acting in an unprofessional or disruptive manner. Any attempt by any person to undermine the legitimate operation of this 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 this Sweepstakes, each Entrant hereby represents and warrants that the Entrant has obtained permission from each person whose name, image, likeness and/or photograph (“Likeness“) is included in the Entry and that such person(s) have granted Entrant all necessary rights to use the person’s Likeness as described in Official Sweepstakes Rules and that Entrant can make written copies of such permissions available to the Sponsor upon request. Sponsor’s determination as to whether the Entry potentially violates the rights of any third party is final. Entrant irrevocably grants to Sponsor, its affiliates, and its licensees the unconditional and perpetual right and permission to use Entrant’s Entry, name, image, likeness, photograph (collectively “Likeness“), voice, Facebook®, Instagram® or Twitter® 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 any Prize or in the administration of the Sweepstakes. By accepting a Prize, Winners release Sponsor, Pinkberry® licensees/franchisees, and each of their respective officers, directors, employees and agents, including, without limitation, their advertising and promotional agencies and the independent contest/sweepstakes organizations (if applicable), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or misuse of any Prize.
Entrant consents to being contacted by Sponsor or its affiliates for Sweepstakes-related purposes, which include, but are not limited to, Prize eligibility notifications, Prize claim notifications and Prize claim reminder 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.
- 8. Release and limitations of liability. Except where prohibited, by participating in the Sweepstakes, Entrant agrees to release, indemnify, defend and hold harmless Sponsor, its affiliates, and related companies, promotional partners, NBCUniversal Media, LLC (“NBCU”), Facebook, Twitter, Instagram, and each of their respective parent, subsidiaries, affiliates, successors, predecessors, and their respective agents and agencies, and their respective officers, directors, shareholders, 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 any Prize. Entrant assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes or the acceptance or use or misuse of any 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 this 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 this 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. Requests for a list of winners (“Winners List”) will be available after October 10, 2018. For a Winners List, send an email with the subject line, “Pinkberry The Good Place Sweepstakes Winners List Request” to: email@example.com by December 31, 2018.
NBCU is not the Sponsor of this Sweepstakes and is not associated with the administration of this Sweepstakes in any way. Any questions, comments or complaints regarding the sweepstakes must be directed to Sponsor and not to NBCU.
// End of Official Sweepstakes Rules //
© 2018 Kahala Management, L.L.C. All trademarks referenced in these Official Sweepstakes Rules are the property of their respective owners.