“PURPLE PENGUIN” SWEEPSTAKES OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

THIS SWEEPSTAKES IS INTENDED FOR THOSE WHO QUALIFY IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY, EXCEPT WHERE PROHIBITED BY LAW, AND WILL BE GOVERNED BY NEVADA LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND NOT LOCATED IN THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA AT THE TIME OF ENTRY.

1. Promotion Description. The “Purple Penguin” Sweepstakes (“Sweepstakes”) is a game that begins on April 1, 2017 and ends at 11:59 PM PDT on September 16, 2017. ("Sweepstakes Period"). The Sweepstakes is governed by these Sweepstakes Rules (“the Official Rules”).

2. Eligibility. NO PURCHASE IS NECESSARY TO ENTER OR WIN. The Sweepstakes is open to legal residents of the United States and the District of Columbia (except those residing in NJ, PR, US Virgin Islands and other US territories and possessions and military installations), U.K. and Canada (except Quebec), who are the legal age of majority in their jurisdiction of residence as of the date and time of entry. If any entry received from a resident of Canada is selected as a potential winner, potential winner will be subject to the process outlined in the section titled “SELECTION AND NOTIFICATION OF WINNERS”. Employees and directors of Sugar Shack, LLC d/b/a Purple Penguin (hereinafter collectively referred to as "Sponsor"), or any of its parent companies (or subsidiaries thereof), affiliates, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, and members of their immediate families (spouses, parents, children, siblings and their spouses, regardless of where they live) and those living in the same household are not eligible to enter. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Sponsor reserves the right to verify the eligibility of winner. Any entry shall be rendered void if in contravention of the Official Rules or where prohibited or restricted by law. Until a potential winner is verified to be eligible and in compliance with these Official Rules, the potential winner is, and will remain, a potential prize winner, unless the potential winner is disqualified for not complying with the Official Rules and/or not being eligible to participate in the Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any potential winner who Sponsor determines is not permitted by law to receive a prize. Sponsor reserves the right to refrain from conducting any advertising or publicity associated with a winner for any reason.

3. Participants with Disabilities. If you have a disability that you believe prevents you from participating in the Sweepstakes, or need assistance in redeeming a prize, contact (702) 400-3652 for assistance.

4. How To Enter. For a chance to win the Prizes, participants (“Entrants”) may enter the Sweepstakes during the Sweepstakes period by filing out completely and accurately your first and last name, phone number with area code, and email address (optional), on a fully redeemed loyalty Punch-Card.

5. Alternative Means of Entry. To enter by Mail, on a 3 1/2” x 5” card handprint your first and last name, street address, city, state, zip code, phone number with area code, birth date and email address (optional). Mail your completed entry to Purple Penguin Attn: The Purple Penguin Sweepstakes, P.O. Box 230063, Las Vegas, NV 89105. Be advised that each Mail-in Entry must be mailed separately. Joint Mail-in Entries shall be considered one (1) entry.

6. Deadlines. To be eligible for the drawing to be held on or about September 17, 2017, all Entries must be received by Sponsor by September 16, 2016.  

7. Winner Selection. There will be a total of ten (10) winners selected by random drawing from among all eligible entries received by the deadlines stated herein, with such drawing is to be held on or about September 17, 2017. Drawings will be conducted by representatives of Sponsor. In the event the potential winners do not qualify or are not willing to accept the Prize, there will be an alternative winner drawing from among eligible entries. All decisions of Sponsor are final and binding. Odds of winning a given prize depends upon the number of eligible entries received for that prize and are equal regardless of method of entry. 

8. Notification of Winners. The potential prize winner will be notified by email and/or telephone. If the potential prize winner cannot be reached within five (5) business days (i.e. Monday thru Friday, excluding any United States or State of Nevada holidays), another eligible entry will be randomly drawn and another potential prize winner will be notified. Subsequent eligible entries will be randomly drawn as provided for above until an eligible prize winner is reached and such eligible prize winner has submitted and returned all necessary documents as provided for herein. In Sponsor’s sole discretion, a selected winner may forfeit the prize and an alternate winner may be selected in accordance with these Official Rules from among the remaining eligible entries if selected winner (i) is unreachable, (ii) declines or cannot accept, receive or use the prize for any reasons, or (iii) does not comply with these Official Rules. Sponsor not obligated to leave voice mail, answering machine, or other message. Potential winner must show valid state issued driver’s license or other identification as evidence of identity. All federal, state, and local taxes are the prize winner’s sole responsibility.

9. Prizes. Prizes will consist of the following: 
  10 Large Purple Penguin Snowcone Shack gift cards + $100.00 Visa gift card (value $137.50)
  10 Large Purple Penguin Snowcone Shack gift cards+$50.00 Visa gift card (value $87.50)
  10 Medium Purple Penguin Snowcone Shack gift cards (value $32.50)
  4 Small Purple Penguin Snowcone Shack gift cards (value $9.00)
  4 Medium Purple Penguin Snowcone Shack gift cards (value $13.00)
  4 Medium Purple Penguin Snowcone Shack gift cards (value $13.00)
  4 Medium Purple Penguin Snowcone Shack gift cards (value $13.00)
  4 Medium Purple Penguin Snowcone Shack gift cards (value $13.00)
  4 Medium Purple Penguin Snowcone Shack gift cards (value $13.00)
  2 Small Purple Penguin Snowcone Shack gift cards (value $4.50)

The Prizes will be awarded to its respective winner in the following order: 
  10 Large Purple Penguin Snowcone Shack gift cards + $100.00 Visa gift card 
  10 Large Purple Penguin Snowcone Shack gift cards+$50.00 Visa gift card
  10 Medium Purple Penguin Snowcone Shack gift cards
  4 Small Purple Penguin Snowcone Shack gift cards
  4 Medium Purple Penguin Snowcone Shack gift cards 
  4 Medium Purple Penguin Snowcone Shack gift cards 
  4 Medium Purple Penguin Snowcone Shack gift cards 
  4 Medium Purple Penguin Snowcone Shack gift cards 
  4 Medium Purple Penguin Snowcone Shack gift cards 
  2 Small Purple Penguin Snowcone Shack gift cards 

Sponsor is not responsible for changes in schedule of any element of the Prize. No substitution or cash equivalent of prizes granted except at Sponsor’s sole option of a prize of comparable or greater value. No prize transfers permitted. PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND EXPRESSED OR IMPLIED.

10. General Conditions.
a. Entrants consent that Sponsor and its affiliated companies may contact them for marketing purposes by e-mail, landline telephone using an automatic dialer (for which express written consent is provided at the time of entry) or post regarding publications and information relating to its products, offers and services. Entrants understand that they are not required to give consent as a condition of purchasing any goods or service.
b. Entrants may withdraw consent at any time by sending a written request to this effect to the address below:
Purple Penguin
P.O. Box 230063
Las Vegas, NV 89105.
c. All Entrants will conduct themselves in a decorous manner at all times during their participation in the Sweepstakes. Sponsor reserves the right to disqualify any Entrant if such Entrant has engaged in, or during the Sweepstakes engages in, any act which, in Sponsor's sole judgment, involves moral turpitude or which brings Sponsor or Entrant into public disrepute, contempt, scandal or ridicule, or which damages, denigrates or injures the reputation or success of Sponsor or its products or services.
d. To the extent permitted by law, Sponsor reserves the right to suspend, modify, or cancel this Sweepstakes at any time without notice.
e. Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that Entrant is or has attempted to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception or other unfair playing practices or intending to annoy, abuse, threaten, or harass any other Entrants or Sponsor representatives. WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
f. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

11. Release And Limitations Of Liability. By participating in this Sweepstakes, Entrants agree that Sponsor and its affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, and their respective officers, directors, employees, representatives and agents (the “Released Parties”) are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) to the extent permitted by law, any injury, loss or damage of any kind to persons, including personal injury or death or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes, acceptance, possession or receipt or use or misuse of any prize. To the extent permitted by law, by participating in this Sweepstakes, Entrants agree that the Released Parties will have no liability whatsoever for, and shall be held harmless by Entrants against any claims based on publicity rights, defamation or invasion of privacy. Released Parties are not responsible if a prize cannot be awarded due to cancellations, delays, or interruptions due to acts of god, acts of war, natural disasters, weather, or terrorism. 

12. Publicity Grant. Except where prohibited by law, winner grants to Sponsor (which grant will be confirmed in writing on request of Sponsor), its parents, subsidiaries, affiliates, retailers, distributors, advertising and promotion agencies, suppliers, and those acting pursuant to its authority, the right and permission to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the winner's name, portrait, picture, city/town of residence, voice, likeness, opinions and biographical information for advertising, trade, and promotional purposes (including the announcement of his or her name on television or radio broadcast) without additional consideration, compensation, permission, or notification.

13. Privacy. By participating in this Sweepstakes, Entrants acknowledge and agree that information collected from you is subject to Sponsor’s privacy policy available a www.purplepenguinsnow.com.

14. Disputes. To the extent permitted by law, Entrant agrees that: (1)any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively in the Eighth Judicial District Court in Clark County, Nevada; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys' fees; (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages (other than for actual out-of-pocket expenses), any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Nevada, without giving effect to any choice of law or conflict of laws rules (whether of the State of Nevada or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Nevada. 

15. Winner's List. For a copy of the Winners names [available for ninety (90) days after winner selection], visit www.purplepenguinsnow.com or send a stamped, self-addressed envelope to Purple Penguin Attn: The Purple Penguin Sweepstakes - Winner List, P.O. Box 230063, Las Vegas, NV 89105.

16. Official Rules. For a copy of these rules visit www.purplepenguinsnow.com or send a stamped, self-addressed envelope to Purple Penguin Attn: The Purple Penguin Sweepstakes – Official Rules, P.O. Box 230063, Las Vegas, NV 89105.


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