Pinkberry® Be More Chill 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, THE PARENT OR AFFILIATED COMPANIES OF THE SOCIAL MEDIA WEBSITES FACEBOOK®, TWITTER® OR INSTAGRAM®. VOID WHERE PROHIBITED. These Official Sweepstakes Rules may be viewed online at: https://www.pinkberry.com/bemorechill
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 eighteen (18) years of age or older as of the date of entry and who have access to the Internet. The Sweepstakes is subject to all applicable federal, state and local laws and regulations and is v
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), Broadway Chill LLC (“Broadway Chill”) or each of their respective, parents, affiliated or related companies, and subsidiaries, and Pinkberry® licensees and franchisees are ineligible to participate in the Sweepstakes.
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 to the decisions of the Sponsor, which are final and binding in all respect, and may be required to verify that they meet eligibility requirements as outlined herein.
[In addition to compliance with these Official Sweepstakes Rules, an Entrant must also comply with the terms of the service of the applicable social media platform: for Facebook - https://www.facebook.com/terms.php; for Twitter - https://twitter.com/en/tos, and for Instagram - https://help.instagram.com/581066165581870. Facebook, Twitter, and Instagram are not participants or sponsors, nor does Facebook, Twitter or Instagram 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: To enter, visit: https://www.pinkberry.com/bemorechill (the "Website") during the Sweepstakes Period (as defined in Section 3). Enter the Sweepstakes by completely entering your true and accurate information on the registration form in the required fields (required fields include: Full Legal Name, Full Mailing Address, Date of Birth, Phone Number and Email Address) Upon registering, you will receive one (1) entry into the Sweepstakes ("Sweepstakes Entry") and will have the opportunity to share the Sweepstakes with others via your social media accounts (Facebook®, Twitter®, and Instagram® ONLY) for additional entries.
Entry Limit: There is a limit of one (1) Sweepstakes Entry per person throughout the Sweepstakes Period (not including the “additional entries” outlined below). Entrants, who enter more than once, employ any spamming techniques, use multiple email addresses, or otherwise attempt to enter multiple times in violation of these Official Sweepstakes Rules, shall be disqualified from the Sweepstakes. No Entrants may share an email address, Facebook®, Instagram®, Twitter® account or username.
ADDITIONAL ENTRIES: Entrants will be able to earn additional Sweepstakes Entries by sharing via social media (Facebook®, Twitter®, and Instagram® ONLY); your friend/family member must click on your posted link to access the Sweepstakes. Your friend/family MUST be eligible per these Official Sweepstakes Rules and complete the registration for you to earn additional Sweepstakes Entries. Limit of up to five (5) additional Sweepstakes Entries per person during the Sweepstakes Period. Each of the above is individually an “Entry” and collectively, “Entries”.
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.
3. Sweepstakes Period: The Sweepstakes Period begins at 12:00 A.M. Scottsdale, Arizona time on Friday, May 31, 2019 and ends at 11:59 P.M. Scottsdale, Arizona time on Monday, June 17, 2019 (“Sweepstakes Period”). The computer clock of the Sponsor (as defined in Section 10) is the official time-keeping device for the Sweepstakes Period.
4. Prizes, 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. One (1) Grand Prize (defined herein) will be awarded to one (1) "Grand Prize Winner" in this Sweepstakes.
Grand Prize: One (1) Entrant will be awarded the grand prize ("Grand Prize Winner"), which shall include:
One (1) trip for two (2) (winner and one (1) guest) to New York City, New York and the trip package includes:
i. Roundtrip coach airfare for two (2) from a major city, as determined by Sponsor, near the Grand Prize Winner's home within the continental U.S. to New York City, New York;
ii. One (1) double occupancy standard room hotel accommodations for two (2) nights; and
iii. Two (2) tickets to attend the Be More Chill Musical on Broadway in New York City sometime before August 1, 2019 as determined by Sponsor;
iv. One (1) Pinkberry Gift Card, with the retail value of Twenty-Five and 00/100 Dollars ($25.00) (collectively the “Grand Prize”).
The ARV of the Grand Prize is One Thousand Four Hundred Ninety-Five and 00/100 Dollars ($1,495.00). Any difference between the approximate retail value and the actual retail value will not be awarded and any difference will not be refunded.
The Grand Prize Winner will receive a direct message to his or her email address from Pinkberry® indicating he or she is a potential Grand Prize Winner from Sponsor on or about Friday, June 28, 2019. Should the Grand Prize Winner decline or fail to claim the Grand Prize, or be unreachable, Sponsor reserves the right to select an alternate winner. There is no substitution, assignment, cash equivalent for the Grand Prize, currency, credit, or transfer of the Grand Prize by the Grand Prize Winner allowed, except that Sponsor, in its sole discretion, can substitute the Grand Prize for a Grand Prize of equal or greater value.
Grand Prize Rules: Subject to change, the address of the showing of the Be More Chill Musical is the Lyceum Theater, 149 W. 45th Street, New York, NY 10063. The Grand Prize Winner and his/her guest are advised to arrive at least one (1) hour prior to the show’s start time. No one will be admitted without a ticket or after the show begins. If, for whatever reason, the show is cancelled or rescheduled after the tickets are ticketed, no compensation will be paid in lieu of any cancelled or rescheduled show. No responsibility is assumed by Sponsor if the show is cancelled, rescheduled, delayed or postponed, in whole or in part. Unused tickets cannot be refunded or exchanged.
The Grand Prize Winner and his/her guest agree to maintain their respective behavior in accordance with applicable laws and generally accepted social practices and norms. In the event the Grand Prize Winner and/or his/her guest engage in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the Grand Prize or any portion therein. The Grand Prize Winner is solely responsible for the behavior of his/her guest.
No insurance is provided as part of the Grand Prize, and obtaining any insurance, such as, but not limited to travel insurance, health, accident, or medical insurance, and property loss or damage insurance is the sole responsibility of the Grand Prize Winner and/or Grand Prize Winner's guest. Travel and other arrangements will be determined by Sponsor. Airfare will be round trip (originate from and end at the same airport), coach class from and to an airport selected by Sponsor. Reservations must be made and tickets issued prior to travel. Changes to reservations are not permitted. Travel must be taken on dates chosen by Sponsor between Friday, July 5, 2019 and Thursday, August 1, 2019. If travel is not completed by the earlier of Thursday, August 1, 2019 or the closing of the Broadway production of the Be More Chill Musical, the Grand Prize will be forfeited without compensation of any kind. Grand Prize Winner and his/her guest must travel together on the same itinerary and are solely responsible for having any required travel-related documents (i.e. valid government-issued photo ID, passport, etc.) prior to departure in order to travel as well as fulfilling any/all travel and security requirements. Grand Prize Winner and Grand Prize Winner's guest must travel from the major airport close to the Grand Prize Winner's residence, as determined by Sponsor, in its sole discretion. Grand Prize Winner's guest must be of legal age of majority in his/her jurisdiction of residence, unless a child or legal ward of Grand Prize Winner and both must complete a release of liability agreement within three (3) days of date of issuance. If guest is the child or legal ward of the Grand Prize Winner, then Grand Prize Winner must execute and return all required documents on behalf of such child or legal ward. Grand Prize Winner is responsible for any transportation not specifically noted in these rules. All federal, state and local taxes and any other costs and expenses associated with prize acceptance and use not listed herein as part of the prize including, without limitation, ground transportation, luggage fees, souvenirs, miscellaneous hotel expenses, meals, incidentals, duties, tariffs, airline fees, security fees, entertainment, and gratuities are the sole responsibility of Grand Prize Winner. If Grand Prize Winner and guest cannot comply with these restrictions or any other portion of these Official Sweepstakes Rules, the Grand Prize will be forfeited in its entirety and an alternate winner will be chosen. No changes will be made to travel details once any element(s) of the travel arrangements have been booked except in Sponsor’s sole discretion.
Odds: the odds of winning the Grand Prize depends on the total number of eligible entries received during the Sweepstakes Period.
Tax Information: All income taxes (including, without limitation, federal, state and/or local income taxes) and any other costs and expenses associated with the Grand Prize acceptance and use not specified herein as being provided, are the sole responsibility of the Grand Prize Winner. A 1099 tax form (preceded by a W9 Form) will be issued to the Grand Prize Winner.
5. Winner Selection. On or about Tuesday, June 18, 2019, the potential Grand Prize Winner will be selected in a random drawing from among all eligible entries received during the entire Sweepstakes Period. There will be a total of one (1) Grand Prize Winner. The Grand Prize Winner must claim his/her Grand Prize as set out below in Section 6.
6. Notification and Claiming Prize. Sponsor will contact the potential Grand Prize Winner via email and/or phone on or about Tuesday, June 18, 2019 with the email address and/or phone number provided in Entry (“Notification”). To claim his/her prize, the Grand Prize Winner (as well as the Grand Prize Winner's guest) will be required to execute the Sponsor’s affidavit of eligibility/release of liability/prize acceptance and any other documentation reasonably requested by Sponsor. The Grand Prize Winner will be required to complete and return an IRS form W-9. Sponsor will work with the Grand Prize Winner and guest to ensure the above required documents are completed and returned timely.
NOTE: Because of the limited time in order to create travel plans for the show, the Grand Prize Winner (i) must claim the Grand Prize within forty-eight (48) hours of receiving Sponsor’s Notification; (ii) cooperate with Sponsor to complete the booking all travel with for both the Grand Prize Winner and the Grand Prize Winner’s guest by Friday, June 21, 2019. Additionally, upon responding to Sponsor's Notification, Grand Prize Winner and Grand Prize Winner's guest will be required to provide proof of eligibility including, but not limited to documentation that both have a valid documentation required for travel.
If a Grand Prize Winner does not comply with these Official Sweepstakes Rules, meet eligibility requirements, does not claim the Grand Prize within the required timeframe of Sponsor's Notification or does not timely comply with all of Sponsor’s instructions to claim the Grand Prize, then Sponsor has the option to select an alternate winner.
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 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 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 grants to Sponsor, its affiliates, and its licensees the right and license to use Entrant’s Entry, name, image, likeness, voice, photograph, Facebook®, Instagram® or Twitter® handle, statements, biographical information, content and Grand 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.
Each Entrant consents to being contacted by Sponsor for Sweepstakes-related purposes, which include, but are not limited to, Grand Prize eligibility notifications, Grand Prize claim notifications and Grand Prize claim reminder notifications. Each 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 illegitimately, entering the Sweepstakes more than once, or use multiple usernames or multiple Facebook®, Instagram® or Twitter® handles, all participants and Entrants shall be disqualified from winning the Grand 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 related companies, promotional partners, Grand Prize partners, Universal, 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) printing errors; (d) errors in the administration of the Sweepstakes or the processing of Entries; or (e) 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 acceptance of a Prize. Entrants assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes or the acceptance or use of the Grand 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 Entrants 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 Friday, June 21, 2019, for a Winners list, send a self-addressed stamped envelope (void where prohibited) for receipt, no later than July 1, 2019 to: Pinkberry® Be More Chill 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 Rules //
©2019 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.
Broadway Chill LLC and its parents, affiliates and subsidiaries are not responsible for the promotion, administration, fulfillment or execution of this Sweepstakes.
Start: May 31, 2019 @ 12:00 am (US/Central)
End: June 18, 2019 @ 12:00 am (US/Central)