Pinkberry® UglyDolls 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, Fandango Loyalty Solutions, LLC or THE PARENT OR AFFILIATED COMPANIES OF Fandango Loyalty Solutions, LLC OR THE SOCIAL MEDIA WEBSITES FACEBOOK.COM, TWITTER.COM, OR INSTAGRAM.COM. VOID WHERE PROHIBITED. These Official Sweepstakes Rules may be viewed online at: http://www.pinkberry.com/uglydolls
1. Eligibility. The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia ("Territory"), who are eighteen (18) years of age or older at the time of entry. 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), Ugly Industries Holdings, LLC, (“UIH”) or any of 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.
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.
2. How to Enter the Sweepstakes: During the Sweepstakes Period, you may enter the Sweepstakes through the website URL at: https://www.pinkberry.com/uglydolls ("Sweepstakes Website") by accurately and fully completing the required registration form. By providing the required information at the Sweepstakes Website as directed, you will receive one (1) entry into the Sweepstakes ("Entry"). All Entries submitted become the property of the Sponsor.
Entry Limit: There is a limit of one (1) Entry per person throughout the Sweepstakes Period. Entrants are not permitted to use another person's identity. Any Entrant, who uses multiple names, employs any spamming techniques, or otherwise attempts to enter multiple times in violation of these 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), YOU WILL BE DISQUALIFIED AND INELIGIBLE FOR THE PRIZES (as defined in Section 4).
3. Sweepstakes Period: The Sweepstakes Period begins at 12:00 A.M. Scottsdale, Arizona time on Friday, April 19, 2019 and ends at 11:59 P.M. Scottsdale, Arizona time on Wednesday, May 1, 2019 (“Sweepstakes Period”). The computer clock of the Sponsor is the official time-keeping device for the Sweepstakes Period.
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. Seventy five (75) Prizes (defined herein) will be awarded to seventy five (75) Prize Winners (defined herein) in this Sweepstakes.
A. Prizes: seventy-five (75) Entrants, chosen at random, will each be awarded one (1) prize packet (each a "Prize Winner" and collectively "Prize Winners"), which shall consist of:
o One (1) Fandango Promotional Code for two (2) tickets, with each ticket valued at up to thirteen and 00/100 Dollars ($13), which includes the ticket price and convenience fees (total of $26.00) to see the movie, UglyDolls through Fandango.com (with an ARV of twenty six and 00/100 dollars ($26.00);
o One (1) Fandango Promotional Code for two (2) tickets, with each ticket valued at up to eight and 00/100 Dollars ($8), which includes the ticket price and convenience fees (total of $16) to see the movie, UglyDolls through Fandango.com (with an ARV of sixteen and 00/100 dollars ($16.00); and
o Two (2) UglyDolls-themed merchandise, with an ARV of seventeen and 80/100 dollars ($17.80) (each a "Prize", collectively "Prizes").
B. Fandango Promotional Codes (each a “Code”, collectively "Codes") are void if not redeemed by July 31, 2019 or when UglyDolls is no longer in theaters, whichever comes first. Only valid for purchase of movie tickets made at www.fandango.com or via the Fandango app and cannot be redeemed directly at any Fandango partner theater box office. If lost or stolen, cannot be replaced. No cash value, except as required by law. Not valid with any other offer. One-time use only. Not for resale; void if sold or exchanged. If cost of a movie ticket with Fandango’s convenience fee included is more than the maximum per ticket value of the Code, then user must pay the difference. Limit two (2) Codes per household. Fandango Loyalty Solutions, LLC is not a sponsor or co-sponsor of this program. The redemption of the Code is subject to Fandango’s Terms and Policies at www.fandango.com/terms-and-policies. FANDANGO is a registered trademark of Fandango Media, LLC.
C. Total ARV: The total ARV of one (1) Prize is fifty nine and 80/100 Dollars ($59.80). The total ARV of the seventy-five (75) Prizes is four thousand four hundred eighty five and 00/100 dollars ($4,485.00). Any difference between the approximate retail value and the actual retail value will not be awarded and any difference will not be refunded.
D. Odds: the odds of winning a Prize depending on the total number of Entries received during the Sweepstakes Period.
E. Tax Information: All income taxes (including, without limitation, federal, state and/or local income taxes) and any other costs and expenses associated with a Prize acceptance and use not specified herein as being provided, is the sole responsibility of the applicable Winner.
5. Winners Selection. On or about Friday, May 3, 2019 (“Winners Selection Date”), potential 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 seventy five (75) Prize Winners selected. Each Prize Winner must claim his/her Prize as set out below in Section 6. Sponsor’s decisions in all matters relating to the Sweepstakes are final.
6. Notification and Claiming 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. Sponsor will notify the Winners within five (5) days of the Winners Selection Date by email (“Notification Email”). The potential prize winner must respond by email within five (5) days from when the Notification Email is sent. The Prize claim document (“Prize Claim Document”) will then be sent to the potential prize winner via the Notification Email. The Prize Claim Document will include an affidavit of eligibility/release of liability/prize acceptance and any other documentation reasonably requested by Sponsor, all of which a potential prize winner must complete and return within five (5) days from when the Prize Claim Document is sent to the potential prize winner. If prize winner does not return the Prize Claim Document within the five (5) day timeframe noted herein, then the Prize or Prizes may be forfeited without a replacement winner or winners being chosen.
If a potential Winner does not comply with these Official Sweepstakes Rules, meet eligibility requirements, does not claim his/her Prize within five (5) days from the time the Notification Email is sent, or does not timely comply with all of Sponsor’s instructions to claim the Prize, the Prize or Prizes may be forfeited without a replacement winner or winners being chosen. Sponsor reserves the right to either select an alternate winner(s) until the Prize(s) is claimed or forfeit the Prize(s) with no replacement winner(s) being selected.
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. 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 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 this Sweepstakes, each Entrant hereby grants to Sponsor, its affiliates, and its licensees the right and license to use Entrant’s name, image, likeness, voice, geographical information, photograph, 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 and its affiliated and related companies, Pinkberry licensees/franchisees, the Prize supplier (if applicable), UIH, 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 any Prize.
No substitution, assignment, exchange of cash, currency, credit, or transfer of a Prize by a Winner is allowed. Sponsor reserves the right to substitute the Prize for one of equal or greater value. The 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, if any. 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 the 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.
8. Release and Limitations of Liability. Except where prohibited, by participating in the Sweepstakes, you agree to release, indemnify, defend and hold harmless Sponsor, Fandango Loyalty Solutions, LLC, and related companies, promotional partners, Prize partners, UIH, Fandango, Facebook, Twitter, Instagram, and each of their respective parent, subsidiaries, affiliates, successors, predecessors, and each of their respective agents and agencies, and each of 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 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. Entrants and Prize Winner agree not to raise the defense of forum non conveniens. If any provision of these Official Sweepstakes Rules is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Official Sweepstakes Rules and shall not affect the validity and enforceability of any remaining provisions. Headings are used in these Official Sweepstakes Rules are solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Sweepstakes Rules or any provision thereof.
10. Sponsor: Kahala Management, L.L.C., 9311 E. Via de Ventura, Scottsdale, AZ 85258.
11. Official Winners List Request: After May 31, 2019, for a Winners list, send a self-addressed stamped envelope (void where prohibited) for receipt, no later than July 31, 2019 to: Pinkberry® UglyDolls 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.
Ugly Industries Holdings, LLC, and its parent, affiliates and subsidiaries are not responsible for the promotion, administration or execution of this Sweepstakes.
// End of Official Sweepstakes Rules //
©2019 Kahala Management, L.L.C. All trademarks referenced in these Official Sweepstakes Rules are the property of their respective owners.
Motion Picture Artwork TM & © 2019 Ugly Industries Holdings, LLC. All Rights Reserved.
Start: April 19, 2019 @ 12:00 am (US/Arizona)
End: May 03, 2019 @ 12:00 am (US/Arizona)