GOLDEN PICKLE PROMOTION - OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. Promotion Description. The Golden Pickle Promotion (“Promotion”) begins on November 2, 2020 at 10:00 am CST and ends on December 31, 2020 at 10:00 pm CST (the “Promotion Period”). This Promotion is sponsored by Design Pickle LLC (“Sponsor”) and administered by IntellaSense LLC (“Administrator”), and is subject to these rules (the “Official Rules”). By participating in the Promotion, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor and Administrator, which will be final and binding in all respects. Sponsor and Administrator are each responsible for the collection, submission, and processing of Entries and the overall administration of the Promotion, and Entrants should look solely to Sponsor or Administrator with any questions, comments, or problems related to the Promotion. During the Promotion Period, Sponsor may be reached by email at email@example.com and Administrator may be reached by email at firstname.lastname@example.org.
2. Eligibility. The Promotion is open to legal residents of the United States, excluding residents of Florida, New York, and Rhode Island, who are 18 years of age or older (each, an “Entrant”). Sponsor and Administrator, and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies, and each of their respective officers, directors, agents, contractors, and employees (the “Promotion Parties”), are ineligible to enter the Promotion or win the Prize. Household members (people who share the same residence at least three months a year) and immediate family members (parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses) of such individuals are also not eligible to enter or win. Design Pickle customers prior to the Promotion Period are also not eligible to enter or win. This Promotion is subject to all applicable federal, state, and local laws and regulations and is void where prohibited or restricted by law.
3. Prize. One Entrant (the “Winner”) will win a full year of Design Pickle’s Graphic Design Pro Package (the “Prize”), which will give the Winner access to a dedicated designer who will assist the winner in designing marketing, advertising, and promotional material for the winner’s business (visit Design Pickle’s website to learn more about what is included with the Graphic Design Pro Package). The Prize has an approximate retail value of $11,940, which represents Sponsor’s good faith determination. The Prize cannot be transferred, redeemed for cash, or substituted by the Winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if the above Prize is unavailable or cannot be awarded, in whole or in part, for any reason. That determination is final and binding and cannot be appealed. If the actual value of the Prize turns out to be less than $11,940, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the Prize awarded. Restrictions, conditions, and limitations may apply. Failure to comply with the Official Rules will result in forfeiture of the Prize. Sponsor will issue a 1099 Form to the Winner, and Winner is solely responsible for all federal, state, and/or local taxes, fees, and surcharges.
4. How to Enter. Entrants may enter the Promotion during the Promotion Period in one of two ways:
- Becoming a Grindology™ subscription member by purchasing a quarterly or annual subscription to Grindology’s products, or
- Submitting your first and last name, email address, and mailing address in the no purchase necessary entry form, which can be found online at: grindology.com/goldenpickle.
An Entrant who enters the Promotion by purchasing a Grindology™ subscription will not have a higher chance of winning than an Entrant who enters the Promotion by filling out the no purchase necessary entry form. The above two entry methods are the only entry methods available to Entrants, and any other attempt at entry to the Promotion will be void. Automated or robotic entries submitted by individuals or organizations will be disqualified, and all entries must be made directly by the Entrant. Any attempt by Entrant to obtain more than one entry by using multiple/different email addresses, identities, registrations, logins, or any other methods will void those entries and Entrant may be disqualified. Final eligibility for the award of the Prize is subject to eligibility verification by Sponsor or Administrator. All entries must be posted by the end of the Promotion Period in order to participate.
5. Winner Selection. The Winner of the Promotion will be selected in a random drawing from among all eligible entries received during the Promotion Period. The random drawing will be conducted via livestream in early January 2021 by Administrator or its designated representatives, whose decisions are final and will not be subject to any challenge. Administrator will make its best efforts to notify Entrants via the email addresses provided by each Entrant at least one week prior to the livestream drawing to give Entrants the ability to watch the drawing occur live. The Odds of winning the Promotion will vary depending on the number of eligible entries received.
6. Winner Notification. No matter which method the Winner chose to submit his or her entry to the Promotion, immediately after the random drawing, Administrator will send to the mailing address provided by Winner, a Grindology™ subscription box containing a post card displaying the “Golden Pickle” (the Grindology™ subscription box has a retail value of $49.99 and will also contain two bags of ground coffee, a mug, and a magazine). Winner must accept the Prize by emailing Sponsor at the email address provided on the post card by 11:59 pm CST on January 31, 2021. Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith, or Winner’s failure to adequately monitor any email account. Any winner notification not responded to or returned as undeliverable may result in Prize forfeiture. No substitution or transfer of the Prize is permitted except by Sponsor.
The Winner will be required to sign an affidavit confirming that the Winner meets the eligibility requirements for participating in the Promotion, has fully complied with the Official Rules, is responsible for paying all income taxes on the Prize, releases the Promotion Parties from liability for the conduct of the Promotion or use of the Prize, and provides the Promotion Parties with a publicity release for the use of the Winner’s name, likeness, address (city and state), photograph, statements in any way connected with the Promotion, and biographical information for marketing purposes without further compensation or right of approval, unless prohibited by law.
7. Privacy. Any personal information supplied by Entrants will be subject to the privacy policies of the Sponsor posted at designpickle.com/privacy-policy and of the Administrator posted at grindology.com/privacy. By entering the Promotion, Entrants agree to Sponsor’s and Administrator’s collection and usage of their personal information, acknowledge that they have read and accepted Sponsor’s and Administrator’s privacy policies, and agree that Sponsor and Administrator may share the Entrant’s email address and any other personally identifiable information for the purpose of administration and Prize fulfillment, including use in a publicly available post identifying the Winner (the Winner List”). Entrants have a right to have all records of their personal data removed from any Sponsor and Administrator-controlled databases, and Entrants also have a right to receive a copy of such data. Entrants can achieve both by emailing email@example.com or firstname.lastname@example.org.
8. Representations/Indemnification. EACH ENTRANT REPRESENTS AND WARRANTS THAT ENTRANT HAS COMPLIED FULLY WITH THESE OFFICIAL RULES. EACH ENTRANT FURTHER AGREES TO INDEMNIFY AND HOLD THE PROMOTION PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, OR PROCEEDINGS OF ANY KIND AND FROM ANY AND ALL DAMAGES, LIABILITIES, COSTS, EXPENSES, AND ATTORNEY’S FEES RELATING TO OR ARISING OUT OF ENTRANT’S BREACH OR ALLEGED BREACH OF THESE OFFICIAL RULES.
9. Disqualification. Sponsor and Administrator reserve the sole right to disqualify and prevent Entrants from participating in the Promotion if they find at any time, in their sole discretion, that an Entrant has breached these Official Rules. Any attempt to deliberately damage any website or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws. Should such an attempt be made, Sponsor and Administrator reserve the right to seek damages or any other remedies from such person(s) to the fullest extent permitted by law.
10. Social Network Disclaimer. This Promotion is in no way sponsored, endorsed, or administered by, or associated with any social media network or platform , including, without limitation, Facebook, YouTube, Instagram, Twitter, or Snapchat (each, a “Social Network”). Each Entrant understands that he or she is providing Entrant’s information to the Sponsor and Administrator and not to any Social Networks.
11. Limitation of Liability and Release. The Promotion Parties assume no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction, or alteration of entries at any point in the operation of this Promotion; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation, or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers, or providers utilized in any aspect of the operation of the Promotion; (d) inaccessibility or unavailability of any network or wireless service, the Internet, or website, or any combination thereof; (e) suspended or discontinued Internet, wireless, or landline phone service; or (f) any injury or damage to any Entrant’s or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Promotion.
If, for any reason, the Promotion is not capable of running as planned for reasons out of Sponsor’s or Administrator’s control, which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, the Sponsor and Administrator reserve the right at their sole discretion to cancel, terminate, modify, or suspend the Promotion in whole or in part. In such event, Administrator will immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total approximate retail value as set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. The Promotion Parties will not have any further liability to any Entrant in connection with the Promotion.
IN NO EVENT WILL THE PROMOTION PARTIES OR ANY SOCIAL NETWORKS (COLLECTIVELY, THE “RELEASED ENTITIES”) BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO THE PROMOTION OR THE PRIZE. IN NO EVENT WILL THE RELEASED ENTITIES’ TOTAL LIABILITY TO ANY ENTRANT FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10. WITHOUT LIMITING THE FOREGOING, THIS PROMOTION AND THE PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BY ENTERING THE PROMOTION, EACH ENTRANT WAIVES ALL RIGHT TO, AND AGREES TO RELEASE AND HOLD THE RELEASED ENTITIES HARMLESS FROM AND AGAINST ANY TAXES, CLAIMS, LIABILITIES, DAMAGES (INCLUDING PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES), EXPENSES (INCLUDING ATTORNEYS’ FEES), DEMANDS, OR LOSSES ARISING OUT OF OR RELATED IN ANY WAY TO THE PROMOTION OR THE PRIZE. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
12. Winner List / Official Rules. To obtain a copy of the Winner List or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to IntellaSense LLC cc: “Golden Pickle Promotion” at 2750 S. Preston Road, Suite 116-350, Celina, Texas 75009. Requests for the Winner List must be received no later than January 31, 2021. To access the Winner List online, visit grindology.com/goldenpickle. The Winner List will be posted after Winner confirmation is complete.
13. Governing Law. Each Entrant agrees that all matters arising out of or relating to this Promotion and these Official Rules are governed by, and construed in accordance with, the laws of the state of Texas, without giving effect to any of its conflict of laws provisions. Each Entrant further agrees that any legal suit, action, or proceeding arising out of or relating to this Promotion and these Official Rules will be brought exclusively in the applicable federal or state courts located in Collin County, Texas.
14. Severability. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
15. Final Agreement. By entering this Promotion, an Entrant is indicating his or her agreement to be bound by these Official Rules.
16. Sponsor. Design Pickle LLC is a Delaware limited liability company with an address at 16414 N. 91st Street, Suite 103, Scottsdale, Arizona 85260. You can reach Design Pickle LLC by email at: email@example.com.
17. Administrator. IntellaSense LLC is a Texas limited liability company with an address at 2750 S. Preston Road, Suite 116-350, Celina, Texas 75009. You can reach IntellaSense LLC by email at: firstname.lastname@example.org.