Contest

“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 March 30, 2019 and ends at 11:59 PM PDT on September 14, 2019. ("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 15, 2019, all Entries must be received by Sponsor by September 14, 2019.  

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 15, 2019. 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 cash (value $137.50)

  10 Large Purple Penguin Snowcone Shack gift cards+$50.00 cash (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 cash 

  10 Large Purple Penguin Snowcone Shack gift cards+$50.00 cash

  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], 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.

TERMS OF USE

The Sugar Shack, LLC d/b/a Purple Penguin (“Purple Penguin”) welcomes you to its website. By using or visiting our website, you are agreeing to the following terms and conditions as well as the Purple Penguin Privacy Policy. If you do not agree to any of these terms, then please do not use our website as your continued use shall constitute your acceptance of our Terms of Use and Privacy Policy.  

This website is intended for use by the public for viewing and retrieving information only, or for posting content through the chat or threaded discussion modules. Unauthorized attempts to upload information or change information on this service are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986. These Terms of Use apply to all users of the website, including users who are also contributors of any content, photographs, articles, information, and other materials or services on the website. Our website may contain links to third party websites that are not owned or controlled by Purple Penguin. Purple Penguin has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Purple Penguin will not and cannot censor or edit the content of any third-party website. By using our website, you expressly assume individual responsibility and relieve Purple Penguin from any and all liability arising from your use of any third-party website. Purple Penguin hereby grants you permission to use our website provided that you do not copy or distribute any part of our website without Purple Penguin’s prior written authorization, and you otherwise comply with the terms and conditions of these Terms of Use.

Intellectual Property Rights

The content on our website, except all User Submissions (as defined herein), including without limitation, text, data, graphics, logos, button icons, images, audio, video, software, photographs, graphs, typefaces and other materials which are or may be included on this website (the "Content") and the trademarks, service marks and logos contained therein (the "Marks"), are the property of Purple Penguin and are protected by copyrights, trademarks, trade secrets and/or other proprietary rights. The compilation of all the content on this site is the exclusive property of Purple Penguin and is protected by U.S. and international copyright laws. Content on our website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Purple Penguin reserves all rights not expressly granted in and to our website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content or Marks other than as expressly permitted herein. 

Use and Protection of Password and ID.

Portions of our website may require you to open an account. Accordingly, Purple Penguin may assign users a password and account ID. In order to obtain a password and account ID you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. Purple Penguin shall have no obligation to investigate the source of any information provided. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. Quite simply, you will be responsible for any activity conducted under your assigned password or ID. You agree to notify Purple Penguin immediately of any unauthorized use of your account or any other breach of security. Purple Penguin will not be liable for any loss or damages that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for losses incurred by Purple Penguin or another party due to someone else using your account or password. IT IS THE EXPRESS POLICY OF PURPLE PENGUIN THAT YOU MAY NOT USE ANYONE ELSE'S ACCOUNT AT ANY TIME, WITHOUT THE WRITTEN PERMISSION OF THE ACCOUNT HOLDER. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND PURPLE PENGUIN, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF OUR WEBSITE BY ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF OUR WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES THROUGH THE WEBSITE) THAT MAY RESULT FROM SUCH ACCESS OR USE.

Termination.

You may terminate your account at any time by sending an e-mail to us at sugarshacklv@ymail.com. Additionally, Purple Penguin may, in its sole discretion, terminate or suspend your access to all or part of the services for any reason, including, without limitation, breach or assignment of these Terms of Use.

User Submissions

Our website permits appropriate user submissions including, but not limited to, videos, photographs, comments, or other communications ("User Submissions") and the hosting, sharing, and publishing of appropriate User Submissions. However, Purple Penguin does not guarantee the publication or confidentiality of any User Submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Purple Penguin to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by our website and these Terms of Use; and (ii) you have the necessary consent, release, and/or permission of each and every identifiable individual in the User Submission to use their name or likeness and have been authorized to include such name or likeness in your User Submissions and that such use is consistent with the manner contemplated by our website and these Terms of Use. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Purple Penguin, you hereby unconditionally and without monetary compensation grant Purple Penguin a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable right and license to use, host, cache, route, transmit, store, copy, reformat, excerpt, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with our website and Purple Penguin’ business, including without limitation for promoting and redistributing part or all of our website in any media formats and through any media channels. You hereby grant Purple Penguin a perpetual, non-exclusive, worldwide, royalty free license to use your name in connection with your User Submissions. This license gives Purple Penguin the right to display your User Submissions in any form including, but not limited to, print form, streaming and/or downloading technologies via the internet or mobile communication devices for fee or no fee to the end user, and Purple Penguin reserves the right to display advertisements in connection with any display of your User Submissions. Purple Penguin further reserves the right to display and use any and all User Submissions for it publication, marketing, promotional, and advertising purposes.

Notwithstanding the foregoing, Purple Penguin is not required to host, index, or display any User Submissions uploaded or otherwise provided to Purple Penguin, and may remove or refuse to host, index or display any User Submissions. Purple Penguin is not responsible for any loss, theft, intellectual property infringement or damages of any kind related to the User Submissions.

You further agree that you will not: (i) impersonate another person; (ii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) post advertisements or solicitations of business; or (iv) submit material that is copyrighted, a protected trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Purple Penguin all of the license rights granted herein. 

Purple Penguin does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Purple Penguin expressly disclaims any and all liability in connection with User Submissions. Purple Penguin does not permit copyright infringing activities and infringement of intellectual property rights on our website, and Purple Penguin will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Purple Penguin reserves the right to remove Content and User Submissions without prior notice. 

You acknowledge that Purple Penguin may or may not pre-screen User Submissions, but that Purple Penguin and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, or remove any User Submissions. Without limitation, Purple Penguin and its designees shall have the right to remove any User Submissions that violate these Terms of Use, its Privacy Policy or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Submissions, including any reliance on the accuracy, completeness, or usefulness of such User Submissions. In this regard, you acknowledge that you may not rely on any User Submissions created by Purple Penguin or submitted to Purple Penguin, including, without limitation, information in Purple Penguin’ message boards and in all other parts of our website.  

You acknowledge, consent and agree that Purple Penguin may access, preserve and disclose your account information and User Submissions if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any User Submissions violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Purple Penguin, its users and the public.

Claims of Copyright Infringement

Purple Penguin respects the intellectual property rights of others. Thus, if you are a copyright owner and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing sending an email to sugarshacklv@ymail.com with the following information consistent with 17 U.S.C 512(c)(3): 

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES. 

Please note that this procedure is exclusively for notifying Purple Penguin that your copyrighted material has been infringed. The preceding requirements are intended to comply with Purple Penguin’s rights and obligations under the DMCA, but do not constitute legal advice. In accordance with the DMCA and other applicable law, Purple Penguin has adopted a policy of terminating, in appropriate circumstances and at Purple Penguin' sole discretion, members who are deemed to be repeat infringers. Purple Penguin may also at its sole discretion limit access to and/or terminate the member accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

User Conduct

By using, viewing or accessing the Purple Penguin website, you expressly agree to not use the website to: 

i) upload, post, email, transmit or otherwise make available any User Submissions that are unlawful, harmful, threatening, pornographic, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 

ii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; 

iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Submissions; 

iv) upload, post, email, transmit or otherwise make available any User Submissions that you do not have a right to make available under any law or under any contractual or fiduciary relationship; 

v) upload, post, email, transmit or otherwise make available any User Submissions that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 

vi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," “multilevel marketing,” or any other form of solicitation; 

vii) upload, post, email, transmit or otherwise make available any material that may contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

viii) interfere with or disrupt our website, servers, or networks connected to our website, or disobey any requirements, procedures, policies or regulations of networks connected to our website; 

ix) intentionally or unintentionally violate any applicable local, state, national or international law; and/or "stalk," “prey upon,” “bully,” “intimidate” or otherwise harass another;

x) collect content or information, or otherwise access Purple Penguin, using automated means (such as harvesting bots, robots, spiders, or scrapers) without prior written permission.

Prohibited Uses

As a condition of your use of our website, you agree that you will not use our website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use this website in any manner that could damage, disable, overburden, or impair any Purple Penguin’s server, or the network(s) connected to any Purple Penguin’s server, or interfere with any other party's use and enjoyment of our website. You may not attempt to gain unauthorized access to our website, other accounts, computer systems or networks connected to any Purple Penguin’s server or our website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through our website.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned only by Purple Penguin without restriction.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PURPLE PENGUIN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PURPLE PENGUIN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PURPLE PENGUIN WEBSITE. PURPLE PENGUIN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PURPLE PENGUIN WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PURPLE PENGUIN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL PURPLE PENGUIN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PURPLE PENGUIN WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 

YOU SPECIFICALLY ACKNOWLEDGE THAT PURPLE PENGUIN SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 

Our website is controlled and offered by Purple Penguin from its facilities in the United States of America. Purple Penguin makes no representations that our website is appropriate or available for use in other locations. Those who access or use our website from other jurisdictions do so at their own risk and are responsible for compliance with local law. 

Indemnity

By using, viewing or accessing the Purple Penguin website, you agree to indemnify and hold Purple Penguin and its officers, directors, agents, subsidiaries, joint ventures and/or employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the Purple Penguin Privacy Policy, or your violation of any law or the rights of a third-party.

If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." 

Advertisers or Sponsors

Your correspondence or business dealings with, or participation in promotions of, advertisers or sponsors found on or through our website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or sponsor. You agree that Purple Penguin shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or sponsors on our website.

Acceptance of Terms of Use

You affirm that you are: i) at least 18 years of age; ii) an emancipated minor; or iii) possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and the Purple Penguin Privacy Policy, and to abide by and comply with such terms, conditions and obligations. 

Modifications

Purple Penguin reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our website, or any part thereof, with or without notice. You agree that Purple Penguin shall not be liable to you or to any third party for any modification, suspension or discontinuance of any service.

General

By using, viewing or accessing the Purple Penguin website, you agree that: (i) our website shall be deemed solely based in Nevada; and (ii) our website is a passive website that does not give rise to personal jurisdiction over Purple Penguin, either specific or general, in jurisdictions other than Nevada. These Terms of Use shall be governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. Venue for any legal action concerning any claim or dispute between you and Purple Penguin that arises in whole or in part from our website, the purchase of any Purple Penguin products or any other transaction between you and Purple Penguin shall lie exclusively in the Eighth Judicial District Court, Clark County, Nevada, and by using, viewing, purchasing and/or accessing the Purple Penguin website you expressly consent to jurisdiction and venue in such court. These Terms of Use, together with the Purple Penguin Privacy Policy and any other legal notices published by Purple Penguin on our website, shall constitute the entire agreement between you and Purple Penguin concerning our website. If any provision of these Terms of Use or the Purple Penguin Privacy Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions therein, which shall remain in full force and effect. No waiver of any term of this these Terms of Use or the Purple Penguin Privacy Policy shall be deemed a further or continuing waiver of such term or any other term, and Purple Penguin’s failure to assert any right or provision under these Terms of Use or the Purple Penguin Privacy Policy shall not constitute a waiver of such right or provision. Purple Penguin reserves the right to amend these Terms of Use or the Purple Penguin Privacy Policy at any time and without notice, and it is your responsibility to review these Terms of Use or the Purple Penguin Privacy Policy for any changes. Your use of our website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our website or related services must be filed within one (1) year after such claim or cause of action arose or shall be forever barred.

Contacting Us 

If there are any questions regarding these Terms of Use you may contact us by sending an email to sugarshacklv@ymail.com

PRIVACY POLICY

The Sugar Shack, LLC d/b/a Purple Penguin (“Purple Penguin”) respects the privacy of every visitor to its website. Your privacy is a priority, and we at Purple Penguin go to great lengths to protect it. This Privacy Policy (the “Policy”) explains our online information practices. The use of this site is governed by the Terms of Use provided for this site and the policies, terms and conditions set forth below. Please read them carefully. This Policy may be changed or updated from time to time. However, you understand that your use of this site indicates your acceptance of these policies, terms and conditions.

Data Collection

We automatically receive and collect certain information from your browser, including your IP address, the Uniform Resource Locator ("URL") that you just came from, which URL you next go to, browser type, browser language, date and time of your query, cookie information, and the pages you request. This information is complied and analyzed on both a personal and an aggregated basis. We may use third-party analytics services to collect, monitor and analyze the information collected as described above. Additionally, we collect information from you when you register on our site, place an order, subscribe to our newsletter or correspond with any person at Purple Penguin with a request to be added to our communications. When registering on our site, as appropriate, you may be asked to enter, among other things, your: name, e-mail address, mailing address, phone number, credit card information or e-mail. You may, however, visit our site anonymously.

How Purple Penguin Uses Your Information

Information gathered when you visit our website allows Purple Penguin to personalize your experience, improve our website, improve our customer service, process transactions, administer contests, promotions, surveys or other site feature, and to send periodic emails. If provided to us, we may enter your name into one of our databases so we can contact you to obtain your input, or provide you with information about our programs and events. On occasion, Purple Penguin may share information about you with vendors and service providers who assist us with our activities and programs. These vendors and service providers help us with functions such as fulfilling orders, managing data, and processing information. In addition, we make disclosures as required by law.

Protecting Information 

The Purple Penguin website is equipped with security measures to protect against the loss, misuse, and unauthorized alteration of the information under our control. However, we cannot guarantee that the information will not be lost or misused, but we will make every effort to ensure that it is secured to avoid such problems. 

Reviewing and Correcting the Information 

Our goal is to maintain only accurate data. Accordingly, if you find errors in any of your personal information, please notify us in one of the following ways, and we will work diligently to correct it. 

1. You may send an email with your corrections to sugarshacklv@ymail.com.

2. You may mail your changes to: 

Purple Penguin

Attn: Webmaster

P.O. Box 230063

Las Vegas, NV 89105

United States

3. You may call us at the following number: (702) 400-3652

How We Use Cookies

We send “cookies” to your computer and use other technologies to enhance your online experience. A “cookie” can be either permanent (i.e., it remains on your computer until you delete it) or temporary (i.e., it lasts only until you close your browser). A “cookie” is a small text file that helps us recognize repeat visitors, facilitate the visitor’s ongoing access to and use of the website, and track usage behavior and compile aggregate data that can lead to website improvements. If you do not want information collected through the use of cookies, you can deny or accept the cookie feature using a simple procedure available in most browsers. If you block cookies, however, you may lose some website functionality.

Credit Card Information

Purple Penguin uses a variety of safeguards to protect the security of your credit card transactions. We use technologies and processes such as encryption, access controls, network firewalls, physical security and other measures. These measures make it extremely difficult for anyone to intercept the credit card information you send to us. When we work with other companies to process credit card transactions, those companies also use encryption and other security measures. 

Edit and Delete Account Information and Preferences

Registered users can edit their account information, including contact preferences, at any time. Purple Penguin may, from time to time, send you e-mail regarding our products and services and third party products and services that may be of interest to you. You will have the opportunity to opt out of any further mailings at any time; provided, however, that we reserve the right to send you communications relating to: (i) fulfilling a transaction; (ii) service announcements, (iii) notices regarding our Terms of Use and this Privacy Policy; and (iv) administrative messages. You can delete your account by requesting an account deletion via email to sugarshacklv@ymail.com. You must provide us with the email address of the registered account. After we have confirmed your request via email, we will remove access to your personal information from our user database.

Children’s Online Privacy Protection Act Compliance 

We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not knowingly collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Foreign Transfer of Data 

The Purple Penguin website is designed for use by U.S. residents. If you are not a U.S. resident, you can use this site, but you are responsible for making sure that your actions comply with the laws in your area. When you submit information through this website, we understand that your action is an affirmative act, indicating informed consent to the processing as well as informed consent to allow the transborder transfer of the data to the U.S. for the purposes outlined above. If you submit any personal information about yourself or others, including information inferring or demonstrating religious beliefs, affiliations, or practices, you alone are responsible for the consequences of making this transfer of personal information. 

Third-Party Links 

Purple Penguin is not responsible for the privacy practices or content of any third-party sites. For your own protection, you should review the policies of similar sites to ensure they meet your personal expectations of privacy. 

Compliance with Laws and Law Enforcement

Purple Penguin cooperates with government and law enforcement officials and private parties to enforce and comply with the law. Purple Penguin reserves the right to disclose any information to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas), to protect the safety, property or rights of Purple Penguin or of any third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.

Copyright and Trademark Notice

All content, including without limitation, text, data, graphics, logos, button icons, images, audio, video, software, photographs, graphs, typefaces and other materials which are or may be included on this website, is the property of Purple Penguin and is protected by copyrights, trademarks, trade secrets and/or other proprietary rights. The compilation of all the content on this site is the exclusive property of Purple Penguin and is protected by U.S. and international copyright laws. 

The trademarks, service marks, and logos used and displayed on this website are registered and unregistered trademarks of Purple Penguin and its content providers. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark or logo displayed on the website, without the written permission of the mark or logo owner. The use of any Purple Penguin trademark, service mark or logo as a link to any site is prohibited without Purple Penguin prior written approval. The unauthorized use of any trademark, service mark or logo displayed on this site is strictly prohibited

Except as described in this notice or as permitted by the fair use privilege under U.S. copyright law, you may not copy, reproduce, distribute, publish, download, display, post, create derivative works from or transmit the content in any form or by any means (including electronic, mechanical, photocopying, recording, or otherwise) without the prior written permission of Purple Penguin or the respective copyright owner. Permission is granted to display, copy, distribute and download the content on this site for personal, non-commercial use only, provided you do not modify the content and that you retain all copyright and other proprietary notices contained in the content. You also may not "mirror" any content contained on this site on any other server without Purple Penguin' express written permission. Permission for you to use the content terminates automatically if you breach any of the terms or conditions contained in this notice. Upon termination, you must immediately destroy any downloaded and printed content.

Warranty Disclaimer

The products, content, information and services included in or accessed through our website are provided on an "AS IS" basis without warranty of any kind. Purple Penguin does not represent that the information accessible on or through its website is accurate, complete or current. PURPLE PENGUIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH PRODUCTS, CONTENT, INFORMATION OR SERVICES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. 

Any links or references on the Purple Penguin website to any third party site are provided solely for your convenience. Purple Penguin makes no representation or warranty with respect to the content, accuracy, safety, existence or any other aspect of any third party site or any materials obtained by you from such a site. A link or reference from our website to any other site does not constitute an endorsement of that site or any of its content or of the quality or acceptability of any products or services offered through the site. 

You are responsible for the use and compatibility of any hardware or software with the Internet and the Purple Penguin website. Purple Penguin makes no warranty that any particular device or software, even if recommended by a Purple Penguin agent or employee, will function properly with our website. 

Purple Penguin does not warrant that: (1) access to its website will be uninterrupted, error free or secure; (2) any materials accessible on or through its website will be free from viruses, worms or other harmful components; or (3) you will be able to connect, communicate or pass information to the website or any other site on the Internet at any particular speed or throughput. You agree that Purple Penguin is not liable for any damages to you which may result from a loss or degradation of access to the website or any loss of materials or data that you have stored on the website. Purple Penguin recommends that customers regularly backup or download important information you stored on the website.

Public Forums

Please be advised that, whenever you voluntarily post information to this website or any other public forums, such information can and may be accessed by the public. This means that any person or entity with access to such information can potentially use it for any purpose, including sending unsolicited communications.

Assumption of Risk for Sharing Information

Please be aware that no security measures are perfect or impenetrable and Purple Penguin cannot control the actions of other users with whom you share your information. Purple Penguin cannot guarantee that only authorized persons will view your information. Likewise, Purple Penguin cannot ensure that information you share on this site will not become publicly available. Purple Penguin is not responsible for third party circumvention of any privacy settings or security measures. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up to date antivirus software.

California Users

If you are a California resident, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of your personal information with third parties for their direct marketing purposes. California law provides that you have the right to submit a request for and receive the following information: the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year, the names and addresses of third parties that received such information, and if the nature of a third party's business cannot be reasonably determined from the third party's name, examples of the products or services marketed.  

Additional Legal Terms

Purple Penguin reserves the right to modify the terms, conditions and policies related to its website at any time without prior notice by posting the change on the Purple Penguin website. All changes will become effective immediately upon posting. Purple Penguin reserves the right to modify, add, or remove any service, feature, product or information from the website at any time without prior notice. 

The terms, conditions and policies contained on its website contain the full and complete understanding of the parties with respect to your use of the Purple Penguin website. Purple Penguin will not be bound by any statements made by agents or employees of Purple Penguin which conflict with these terms, conditions and/or policies. 

All terms, conditions and policies and any dispute arising from or relating to them will be governed and interpreted in accordance with the laws of the State of Nevada. Venue for any legal action concerning the terms, conditions and policies shall lie exclusively in the Eighth Judicial District Court, Clark County, Nevada, and by accessing and using the Purple Penguin website you expressly consent to jurisdiction and venue in such court.

Contacting Us 

If there are any questions regarding this privacy policy you may contact us using the information below. 

Purple Penguin

Attn: Webmaster

P.O. Box 230063

Las Vegas, NV 89105

United States

By email: sugarshacklv@ymail.com

By phone: (702) 400-3652

HOURS

 opening date:

april 2020

All locations

closed for winter

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