KING’S HAWAIIAN® PRETZEL CART SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE CHANCES OF WINNING. VOID IN AK, HI, PR AND WHERE PROHIBITED.
Important: Please read these Official Rules before participating. By participating in this Sweepstakes, Entrants agree to be bound by these Official Rules and Entrants represent that they satisfy all of the eligibility requirements below.
1. Sweepstakes Description: The King’s Hawaiian Pretzel Cart Sweepstakes (the “Sweepstakes”) is sponsored by King’s Hawaiian Bakery West, Inc., 19161 Harborgate Way, Torrance, CA 90501 (“Sponsor”). The administrator of the Sweepstakes is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747 (the “Administrator”) as assisted by HPR Partners LLC d/b/a HUNTER (“Agency”). Sponsor, Administrator and Agency shall collectively be referred to herein as the “Sweepstakes Entities”. The Sweepstakes begins at 12:00 AM Eastern Time (“ET”) on September 12, 2024 and ends at 11:59 PM ET on September 30, 2024 (the “Sweepstakes Period”). Administrator’s computer is the official time-keeping device for the Sweepstakes.
2. Eligibility: The Sweepstakes is only open to legal residents of the 48 contiguous United States and the District of Columbia, who are at least 18 years of age as of date of entry (or, if higher, the age of majority in their state/jurisdiction of residence). Employees, officers, directors, representatives, contractors and agents of the Sweepstakes Entities and their respective owners, parents, subsidiaries, retailers, affiliates, advertising and promotion agencies, and any companies involved in the implementation and execution of the Sweepstakes and each of their Immediate Family Members and Household Members are not eligible to enter or win. For purposes of the Sweepstakes, “Household Members” shall mean those people who share the same residence at least three months a year, whether or not related; “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. Sweepstakes is void in Alaska, Hawaii, Puerto Rico and where restricted or prohibited by law and subject to all federal, state, and local laws.
3. How To Enter: During the Sweepstakes Period, consumers will be invited to visit the Sweepstakes website www.khpretzelbitessweeps.com (the “Website”) and asked to follow the prompts to complete registration for the Sweepstakes, including submitting their first name, last name, email address and city and state where you would like to host your catered party if you were to win the Sweepstakes Grand Prize. Completing registration will earn one (1) entry (“Entry”) in the Sweepstakes. All persons are limited to a single Entry. All Entries must be received by 11:59 PM ET on September 30, 2024.
All Entries must be complete to be eligible to win. All Entries become the property of Sponsor and will not be returned or acknowledged, and Sponsor will not verify receipt of Entries. All entrants agree that, subject to applicable law, Sponsor and Sponsor’s agents, affiliates, or service providers may use entrants’ personal information submitted with Entries pursuant to Sponsor’s privacy policy (See Section 11) and for purposes of prize fulfillment. No information regarding Entries, other than as otherwise set forth in these Official Rules, will be disclosed. Any attempt by any entrant to obtain more than the entry limit stated above for the Entry Period by using multiple/different email addresses, identities and registrations, or any other methods will void all Entries of that entrant and such entrant will be disqualified from participation in the Sweepstakes. Use of any automated or computer system to participate is prohibited and will result in disqualification. Normal Internet and/or telephone and data access and usage charges imposed by your online service may apply.
Incomplete, corrupted, or untimely Entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, or misdirected Entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of the entrant, the authorized account holder of the email address used for Entry will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win.
4. Selection of Grand Prize Winner: One (1) Grand Prize winner will be randomly selected at the conclusion of the Sweepstakes Period on or about October 3, 2024 from among all eligible Entries received during the Sweepstakes Period. Drawing will be conducted by the Administrator, whose decisions are final and binding on all matters related to the Sweepstakes drawing. Odds of winning depend upon the total number of eligible Entries received during the Sweepstakes Period.
5. Winner Notification & Verification: The potential Grand Prize winner will be notified via the email address provided at the time of entry and will be required to respond via email (as directed) to the notification within three (3) business days (or a shorter time if required by exigencies) of attempted notification. The potential Grand Prize winner will be provided with a prize acceptance form which will include a release of liability, and, unless prohibited by law, a publicity release (the “Prize Acceptance Form”) to confirm their eligibility. The Prize Acceptance Form must be signed and returned, as directed by the Administrator, within five (5) business days of receipt or the prize will be forfeited. If the potential Grand Prize winner fails to return the Prize Acceptance Form within the required time period, or in the event that the potential Grand Prize winner is disqualified for any reason, an alternate winner may be selected. The potential Grand Prize winner is subject to verification by Sponsor and/or Administrator, whose decisions are final and binding in all matters related to the Sweepstakes. An entrant is not a winner of the prize unless and until the entrant’s eligibility has been verified and the entrant has been notified that verification is complete.
Prize and Approximate Retail Value (“ARV”): One (1) Grand Prize: consisting of the opportunity for the winner to use a King’s Hawaiian Pretzel cart filled with King’s Hawaiian Pretzel Bites (“Cart”) up to six (6) hours for a tailgate party, and Sponsor-provided catered food service and select, alcohol-free beverages for up to thirty-five (35) guests. Total ARV for the Grand Prize is $4,864. Confirmed Grand Prize winner must provide Sponsor with the date of their tailgate party in order for the Sponsor to handle all Cart delivery logistics/food service with a minimum of fifteen (15) days in advance. GRAND PRIZE MUST BE USED BY NOVEMBER 30, 2024. The King’s Hawaiian Pretzel Cart can only be transported on an outdoor location (front yard, backyard, park area, parking lot). The Cart will not be carried upstairs, nor will it be permissible to transport the Cart via an elevator, escalator. In the event the Grand Prize winner’s tailgate location requires any type of special permits or approvals, it is the sole responsibility of the Grand Prize winner to obtain any such permits or approvals prior to the tailgating party. A King’s Hawaiian brand ambassador will attend the Grand Prize winner’s tailgating party in order to oversee the Cart usage and serve the pretzels and return it to the Sponsor at the end of the winner’s tailgate party (as agreed upon prior to the party). Winner acknowledges that they will not be keeping the King’s Hawaiian Pretzel Cart after the tailgating party and they will not damage the Cart and the Cart must be returned in the same condition as it was at the start of the party. All details of the use of the Cart are in the Sponsor’s sole discretion and winner agrees to adhere to all Cart regulations and terms of usage. Winner is responsible for all other party details. All federal, state and/or local income and other taxes on the actual value of the prize are the winner’s sole responsibility. No cash alternatives or prize substitution is allowed except at the discretion of Sweepstakes Entities. If the Grand Prize cannot be awarded due to circumstances beyond the control of the Sweepstakes Entities, a substitute prize of equal or greater retail value may be awarded. If the actual value of a prize is less than the ARV stated herein, the winner will not be entitled to a check, cash or other form of payment for the price difference. Other restrictions may apply.
6. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion and in the event of cancellation, Sponsor, Administrator, and their agencies are not responsible for lost, late, incomplete, damaged, stolen, or misdirected Entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. The prize will be awarded in a random drawing from among all eligible Entries received during the Sweepstakes Period from among all eligible Entries received during the Sweepstakes Period prior to cancellation. Proof of sending or submission of Entry will not be deemed proof of receipt by Sponsor or Administrator. Sponsor’s or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, S P O N S O R RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the Entry process, and/or the legitimate operation of the Sweepstakes; to violate these Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Sweepstakes is not capable of running as planned, including but not limited to, any fraud, technical failures, or any other factor beyond Sponsor’s reasonable control that impairs the integrity or proper functioning of the Sweepstakes, Sponsor may, in its sole discretion, void any suspect Entries and modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules.
7. Release and Limitations of Liability: By participating in this Sweepstakes, entrants agree that Sponsor, Administrator, and each of their respective parents, affiliates, subsidiaries, franchisees, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, 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) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of prize or prize components.
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 LIABILITY FOR ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, PANDEMICS, OR TERRORISM.
BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THESE SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY SUCH SITE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING ALL PRIZES, ARE 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. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
8. Publicity: Except where prohibited, Grand Prize winner by acceptance of the prize, grants to Sponsor, the right to publicize his/her name (first name and last initial), address (city and state of residence), photograph, voice, statements and/or other likeness and prize information in any and all media now known or hereafter devised, for advertising, trade, and other purposes, throughout the world, in perpetuity, in any manner, without limitation and without additional compensation, consideration, notification or permission, unless prohibited by law. Grand Prize winner agrees to participate in such reasonable publicity and allow Sponsor to photograph and/or videotape all aspects of the tailgating party (“Footage”) as may be requested by Sponsor (and use that Footage in any way Sponsor see fit). For purposes of administrating the Sweepstakes and awarding the prize, Sponsor may disclose or transmit such personal information to third parties rendering services in relation to the Sweepstakes, including but not limited to the Administrator.
9. Disputes: These Official Rules are governed by the laws of the State of California, U.S.A., without regard to California conflict of law provisions. By participating in the Sweepstakes, each Entrant irrevocably agrees that all disputes arising out of or relating to the Sweepstakes shall be resolved by final and binding arbitration administered by JAMS in accordance with its arbitration rules and procedures or subsequent versions thereof (“JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in California. All proceedings brought pursuant to this Section 10 will be conducted in the County of Los Angeles, State of California. The remedy for any claim shall be limited to actual damages and in no event shall any party be entitled to seek to rescind these Official Rules. Any demand for arbitration against Sponsor or other Released Parties must be commenced within two year(s) after the claim arose. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. Each party shall be responsible for its costs incurred in such arbitration, but if Entrant cannot afford to pay for the arbitration Entrant agrees to provide Sponsor the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. Judgment on an arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review. Notwithstanding the foregoing, Sponsor may immediately seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect its rights or property (including intellectual property rights).
10. Privacy: Information collected from entrants is subject to Sponsor’s Privacy Policy, which can be found at https://kingshawaiian.com/privacy-policy. Entrants should be aware that Sponsor may be collecting non-public, personally identifiable information about them in connection with the operation of the Sweepstakes.
11. Sponsor/Administrator: The Sponsor is King’s Hawaiian Bakery West, Inc., 19161 Harborgate Way, Torrance, CA 90501. The Administrator is Don Jagoda Associates, 100 Marcus Drive, Melville, NY 11747.
12. Winner List: For the winner list (“Winner List”) available for ninety (90) days after December 1, 2024, send a self-addressed stamped envelope with your complete name and mailing address, to: King’s Hawaiian Pretzel Cart Sweepstakes Winner, 100 Marcus Drive, Attn: NR, Melville, NY 11747. Winner List will be sent after the prize has been awarded.