Pik-Nik’s Aquaman Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW
The PIK-NIK’S AQUAMAN SWEEPSTAKES (“Sweepstakes”) starts at 12:01 p.m. Pacific Time (“PT”) on 3/1/19 and ends at 12:01 pm PT on 6/1/19 (“Entry Period”). The sponsor of the Sweepstakes is Pik-Nik Foods USA, 433 Airport Blvd., Suite 404, Burlingame, CA 94010 (the “Sponsor”). The Sweepstakes is subject to these Sweepstakes Official Rules (the “Official Rules”) and all federal, state, and local laws and regulations, and by entering, entrant agrees to be bound by them.
Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia (“Eligibility Area”), who as of the date of their entry into the Sweepstakes are eighteen (18) years of age or older. Employees of Sponsor, Warner Bros. Entertainment Inc., Visit St. Pete/Clearwater, West Coast Marketing, a division of The Susquehanna Hat Company (“West Coast Marketing”), and each of their respective affiliates, subsidiaries, parent and related companies and agencies and each of the foregoing entities’ affiliates, and other Sponsor-authorized designees associated with the design, administration, prize providing and/or fulfillment of the Sweepstakes (collectively, the “Sweepstakes Entities”), as well as members of such employees’ immediate families (spouses, children, siblings, parents) or households (whether or not related), are not eligible to participate in the Sweepstakes. Sweepstakes void in Puerto Rico, all U.S. territories and possessions, and overseas military installations and where prohibited or restricted by law. A prize won by an individual at least eighteen (18) years of age but considered a minor (“Minor”) in his or her legal jurisdiction of residency will be awarded in name of Minor’s parent or legal guardian.
During the Entry Period you may enter the Sweepstakes via the Internet by logging on to the website at http://www.pik-nik.com (the “Sweepstakes Site”) and as prompted, providing your first and last name, street address, city, state, zip code, date of birth, gender, email address, daytime telephone number and (optionally and if applicable) where you purchase Pik-Nik products. By providing the required information at the Sweepstakes Site as directed you will receive one (1) entry in the Sweepstakes (“Entry”). ONLY ONE (1) ENTRY INTO THE SWEEPSTAKES PER PERSON, HOUSEHOLD ADDRESS AND/OR EMAIL ADDRESS WILL BE ACCEPTED. ANY ATTEMPTED ENTRIES IN EXCESS OF THAT LIMIT SHALL BE DEEMED VOID. Each eligible individual submitting an Entry may be referred to herein as an “Entrant”.
The Sweepstakes Site clock will be the official timekeeper for this Sweepstakes.
A potential grand prize winner (the “Potential Grand Prize Winner”) will be selected in a random drawing, held on/about 6/8/19 from among eligible Entries in accordance with the Official Rules. The random drawing will be conducted by West Coast Marketing, an independent judging organization whose decisions as to the result of the random drawing shall be final. Potential Grand Prize Winner will be notified by telephone, mail, overnight delivery and/or email within five (5) days of random drawing. Potential Grand Prize Winner (or prospective Grand Prize Winner’s parent or legal guardian if prospective Grand Prize winner is a Minor) will be required to execute and return a notarized Affidavit of Eligibility/Release of Liability and (except where prohibited) Publicity Release form (“Affidavit”), and a completed IRS W-9 form within seven (7) days of date of issuance.
Grand Prize Winner’s Travel Companions (as defined below) are each required to be at least eighteen (18) years of age or older at the time of Grand Prize winner notification and if not of majority age, be the child or legal ward of the non-Minor Grand Prize winner. Each Travel Companion (or non-Minor Grand Prize winner if Travel Companion is the Minor child or ward of the non-Minor Grand Prize winner will also be required to complete and return an executed Release of Liability form within this same 7-day time period. Potential Grand Prize winner’s failure to return Affidavit or other required forms in this time period may result in the potential Grand Prize winner being disqualified and an alternate Grand Prize winner being selected at Sponsor’s sole discretion.
If any prize notification or prize is returned as undeliverable for any reason, Sponsor may decide, in its sole discretion, to award the prize to an alternate eligible Entrant subject to the new selectee’s compliance with all the terms and conditions of these Official Rules. Potential Grand Prize Winner must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Once the Potential Grand Prize Winner has provided all required documentation, including the Affidavit and complied with all other requirements determined by Sponsor, the Potential Grand Prize Winner will be declared the “Grand Prize Winner”. Decisions of Sponsor and West Coast Marketing regarding the Sweepstakes shall be final and binding.
All federal, state, provincial and local tax liabilities are the responsibility of the winner. Acceptance of the prize constitutes permission (except where prohibited) granted to Sponsor and its designees to use the prize winner’s name, likeness, picture, voice, opinions, biographical information and statements for publicity, advertising, trade and promotional purposes in any and all media and manner and by any and all means now known or hereafter devised in perpetuity worldwide without additional compensation or limitation of any kind, and without the need to get any further consent.
The Grand Prize consists of a trip (“Trip”) for the eligible Grand Prize winner and up to three (3) travel companions (each a “Travel Companion” and collectively “Travel Companions”) good for select travel to St. Petersburg-Clearwater, FL. The Grand Prize trip includes the following: (i) roundtrip (“R/T”) economy (coach) class airfare for Grand Prize winner and up to three (3) Travel Companions from a major U.S. gateway airport nearest the Grand Prize winner’s hometown (within the Eligibility Area and determined at the sole discretion of Sponsor) to the St. Petersburg-Clearwater, FL area (specific destination airport selected at sole discretion of Sponsor); (ii) four (4) consecutive nights hotel accommodations (single standard room, quadruple occupancy; room and room tax only) at a St. Petersburg-Clearwater, FL-area hotel ( “Hotel”) selected by Sponsor; and (iii) a $250 Visa* gift card. The approximate retail value (“ARV”) of the Grand Prize is three thousand, six hundred, fifty dollars and no cents ($3,650.00). The actual value of the Grand Prize may vary depending on city of departure, date and times of travel, airfare fluctuations and Hotel charges at the time of travel booking. Therefore, the actual value of the Grand Prize awarded may be lower or higher at the time it is fulfilled. Any difference between actual value and stated ARV will not be awarded.
Travel is subject to the restrictions and conditions set forth below. Holiday blackout dates apply. Grand Prize Winner must provide a minimum of forty-five (45) days advance notice of desired departure and all travel must be completed by 8/1/20 or the Grand Prize will be forfeited in its entirety and no additional prize element substituted. Note: Travel is not valid during holiday weeks. Any costs associated with Grand Prize receipt and/or use that are not expressly stated above are not included in the Grand Prize and are the responsibility solely of the Grand Prize Winner and his/her Travel Companions. Such costs may include, without limitation, any ground transportation, any unspecified state or local taxes or government surcharges or fees, travel insurance and premiums, excursions, meals, drinks, incidentals, gratuities, telephone calls, charges for changing dates or other personal costs, and expenses not specified herein are the sole responsibility of the Grand Prize Winner and his/her Travel Companions. All travel arrangements are to be administered by Sponsor or its designee. Grand Prize Winner and his/her Travel Companions will be required to travel on identical itineraries including the same departure city and date, destination and return date. Grand Prize Winner and his/her Travel Companions will each be required to provide a valid government issued photo ID at time of travel. Photo identification and credit card or cash deposit may be required at Hotel check-in for incidental charges (e.g., room service, use of telephone/IT services, laundry and all other optional extra services not provided in the prize). If Grand Prize Winner’s legal residence is within one hundred and fifty (150) miles of St. Petersburg-Clearwater, FL (as determined by Sponsor), airfare portion of the prize will be forfeited, and no additional prize element substituted. If Grand Prize Winner elects to travel or partake in the Grand Prize trip with no Travel Companion or fewer than three (3) Travel Companions, no additional compensation will be awarded. Air transportation and Hotel accommodations must be taken together and cannot be taken separately. No changes will be made to travel details once any element(s) of the travel arrangements have been booked except at Sponsor’s sole discretion. All airline tickets issued in conjunction with the Grand Prize are not eligible for frequent flyer miles or any other promotional benefit. No one-way trips or upgrades allowed. Grand Prize Winner is solely responsible for any and all excess baggage charges, upgrades, taxes and any other charges incurred after or in connection with the issuance of airline tickets. Sponsor or its designee will not replace any lost or stolen tickets, travel vouchers or certificates or similar items once they are in the Grand Prize Winner’s possession, or in the possession of the Grand Prize Winner’s Travel Companions. Grand Prize travel is subject to capacity controls, availability and certain other restrictions, which may include a Saturday night stay, all of which are subject to change. Unless otherwise necessitated by prize provider, no stopovers are permitted on tickets issued as the Grand Prize; if a stopover otherwise occurs, the Grand Prize will terminate, and full fare will be charged from the stopover point for the remaining trip segment(s), including the return. Once Hotel, and flight arrangements have been confirmed, no changes will be allowed except by Sponsor. Any unclaimed and/or unused Grand Prize travel package elements will be forfeited by the Grand Prize Winner and will remain the property of Sponsor or its designee. Grand Prize is non-transferable, non-assignable and has no cash value. No prize substitution or cash redemption allowed by Grand Prize winner. Sponsor reserves the right to substitute a prize of comparable or greater value at any time in their sole discretion. In the event Sponsor or its designee is unable to contact the Grand Prize Winner after three (3) separate attempts within the said thirty (30) days, Sponsor or its designee’s failure to make arrangements for the trip will not be considered a breach of these Official Rules and Sponsor shall not have any further obligation or liability to provide the Grand Prize to the Grand Prize Winner. Sponsor will have the right to provide a substitute prize of equivalent retail value in the event Sponsor is unable to deliver the Grand Prize (in whole or in part) for reasons outside Sweepstakes Entities’ control.
An unclaimed and/or unused prize will remain the property of Sponsor or its designee.
Prize is not transferable, assignable, or redeemable for cash. Prize may not be sold, bartered or exchanged by Winner except as may be allowed by Sponsor in its sole discretion. Prize is provided "as is" and without any warranty of any kind. No substitution for the prize (or parts thereof) by the Winner will be allowed. If necessary, due to unavailability for any reason, a comparable prize will be awarded at the sole discretion of the Sponsor. By accepting the prize, the Prize Winner acknowledges compliance with these Official Rules.
The odds of winning are determined by the total number of eligible Entries received for the Sweepstakes.
Sweepstakes Entities shall not be responsible or liable for Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for Entries that are late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with the Sweepstakes’ Official Rules, and all such Entries will be disqualified. By entering the Sweepstakes, each Entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and decisions of Sponsor and West Coast Marketing which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action, or proceeding against any of the Sweepstakes Entities in connection with the Sweepstakes; and (iv) to release, indemnify, and hold harmless each of the Sweepstakes Entities and their respective officers, directors, employees, agents, shareholders, representatives, successors and assigns (collectively the “Releasees”), from any liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind even if the Releasees have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including but not limited to any Sweepstakes-related activity or element thereof, and the entrant’s Entry, participation or inability to participate in the Sweepstakes, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) typographical errors in these Official Rules or any Sweepstakes promotional materials, (d) acceptance, delivery of, travel related to, possession, defects in, use, misuse or inability to use the prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability, business or other considerations, or due to reasons beyond Sponsor’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond any of the Sweepstakes Entities’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Sweepstakes, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of the Entry (including, without limitation, the Entry information or any parts thereof), (i) any technical malfunctions or unavailability of the Sweepstakes Site or any telephone network, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail or delivery service utilized by any of the Sweepstakes Entities or by an entrant, (j) interruption or inability to access the Sweepstakes, the Sweepstakes Site or any other Sweepstakes-related web pages, or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries or mail, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Sweepstakes Entities, or any of their agents or employees, and/or (o) cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), or other transportation companies, hotel(s), or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same, (p) lost, stolen, damaged, delayed, or misdirected baggage or (q) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof). THE GRAND PRIZE WINNER HEREBY ACKNOWLEDGES THAT THE SWEEPSTAKES ENTITIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY EXPRESS OR IMPLIED WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE GRAND PRIZE OR ANY COMPONENT THEREOF.
Proof of submitting entry information to the Sweepstakes Site is not considered proof of delivery or receipt. Illegible, incomplete, mechanically reproduced and Entries in excess of the number stated above from any one (1) valid email address and/or person will be disqualified. Entries become the property of Sponsor and will not be acknowledged or returned. False, fraudulent or deceptive Entries or acts shall render entrants ineligible.
If for any reason the Sweepstakes is not capable of running as planned, or if the Sweepstakes or the Sweepstakes Site (or any portion thereof) becomes corrupted or does not allow the proper playing of the Sweepstakes and processing of Entries in accordance with these Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Sweepstakes or the granting of the prizes or any components thereof, Sponsor reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend the Sweepstakes or any portion thereof. In the event the Sweepstakes is cancelled, and to the extent possible as determined by Sponsor, Sponsor will conduct a random drawing to select Entrants from among all eligible, non-suspect Entries received prior to the time of the action or event warranting such cancellation, and to award the prizes (or any awardable portion(s) thereof). In the event that Sponsor determines that there are no eligible Entrants, Sponsor reserves the right in its sole discretion to not award the prizes (or any portion(s) thereof). ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR EMAIL ADDRESS (INCLUDING THE SWEEPSTAKES SITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If a dispute arises about who submitted an Entry to the Sweepstakes Site, the Entry will be deemed submitted by the authorized account holder of the email account entered. The authorized account holder is deemed the natural person who is assigned to an email address by an Internet access provider, service provider, or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential prize winner may be requested to provide Sponsor with proof that he/she is the authorized account holder of the email address associated with the winning Entry and that all eligibility requirements are met.
BY ENTERING INTO THE SWEEPSTAKES, EACH ENTRANT AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS SWEEPSTAKES (INCLUDING WITHOUT LIMITATION ITS PRIZING) OR RELATING TO THESE OFFICIAL RULES, THEIR ENFORCEMENT, ARBITRABILITY OR INTERPRETATION, SHALL BE SUBMITTED TO “JAMS” (JUDICIAL ARBITRATION AND MEDIATION SERVICES) FOR FINAL AND BINDING ARBITRATION, TO BE HELD IN LOS ANGELES, CALIFORNIA, BEFORE A SINGLE ARBITRATOR. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS. IF THE PARTIES STILL CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR SHALL BE APPOINTED BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR’S AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR’S FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS’ FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW.
Each entrant acknowledges that the internal substantive laws (as distinguished from the choice of law rules) of the State of California and the United States of America applicable to contracts made and performed entirely in California shall govern the validity and interpretation of these Official Rules and all other causes of action (whether sounding in contract or in tort) arising out of or relating to these Official Rules.
EACH ENTRANT UNDERSTANDS AND AGREES THAT HE/SHE SHALL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION, DISTRIBUTION OR EXPLOITATION OF THE SWEEPSTAKES, OR ANY OTHER PROJECT, PROMOTION OR INTELLECTUAL PROPERTY OF SWEEPSTAKES ENTITIES OR ANY OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES OR AFFILIATES.