Pik-Nik – Abominable 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 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 and mechanically reproduced Entries as well as 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 Prize 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 Prize (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 Prize (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. The Potential Grand 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.