DO NOT OPEN THE ENVELOPE! ENVELOPE MUST BE OPENED BY IN A PICKLE STAFF DURING THE REDMEPTION PERIOD (1/2//24 TO 2/28/25).
ANY ENVLOPE THAT HAS BEEN OPENED OR TAMPERED WITH WILL BE VOID!
MUST BE 18 YEARS OF AGE. NO PURCHASE NECESSARY. SEE BELOW FOR FULL RULES.
“IN A PICKLE RESTAUARNT’S HOLIDAY MAGICAL ENVELOPE” Giveaway
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THESE ITEMS. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF WINNING.
The “IN A PICKLE RESTAURANT’S HOLIDAY MAGICAL ENVELOPE” Giveaway (the “Sweepstakes” or “Giveaway”) is intended for legal residents of Massachusetts, New Hampshire, and Rhode Island and shall only be construed and evaluated according to applicable United States of America law and applicable state law. Do not enter this Sweepstakes if you are not a Massachusetts, New Hampshire, or Rhode Island resident or are otherwise ineligible to enter in accordance with these Official Rules at the time of entry.
SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by Inspired Concepts, LLC DBA In A Pickle Restaurant 265 Moody St., Waltham, MA 02453 (the “Sponsor/Administrator”).
ELIGIBILITY: The Sweepstakes is open to legal residents of Massachusetts, New Hampshire, and Rhode Island who are at least eighteen (18) years of age at the time of entry (the “Entrants”). The Sponsor, their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing (collectively, the “Released Parties”), and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law. (For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrant who is deemed the Winner (as defined below)).
AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning the Grand Prizes (as defined below) is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: The Sweepstakes begins at 12:00:01 p.m. Eastern Time (“ET”) on November 29, 2024 and ends at 11:59:59 p.m. ET on January 1, 2025 (“Sweepstakes Period”). The Sponsor’s database computer is the official time-keeping device for the Sweepstakes. Two (2) methods of entry as follows:
- In-Store Registration – During the Sweepstakes Period, Entrants can visit the ‘In A Pickle Restaurant’ location to receive a ‘Holiday Magical Envelope’. Each envelope will be worth one (1) prize. To be valid, each ‘Holiday Magical Envelope’ must be opened by In A Pickle Restaurant staff between January 2, 2025 and February 28, 2025. Official ‘Holiday Magical Envelopes’ are not valid and will be rejected if they have been previously opened or tampered with. Final determination will be by management of Inspired Concepts, LLC D/B/A In A Pickle Restaurant.
- Request for ‘Magical Envelope’ by mail - Entrants can request to have a ‘Magical Envelope’ mailed to them at no cost (Customers must pay for their own shipping and handling). To receive a ‘Magical Envelope’ by mail, send a self addressed stamped envelope to In A Pickle Restaurant, 265 Moody Street, Waltham, Ma, 02453. Requests must by received by January 1, 2025. Each self address stamped envelope will contain only one (1) ‘Magical Envelope’ per request, worth one (1) Sweepstakes entry. To be valid, each entry must provide all requested information. Proof of entry information is not considered proof of delivery to or receipt by Sponsor of an entry. Entries made by any other individual or any entity, and/or originating at any other website or email address, including, but not limited to, commercial Sweepstake’s subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited, and no mechanically reproduced entries are allowed; all such entries are void. Limit 15 entries mailed to any individual address.
The Released Parties (as defined below) are not responsible for late, incomplete, delayed, undelivered, or misdirected entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned except as provided herein. By participating, you consent to Sponsor’s and its agents’ use of your personal information for the administration of this Sweepstakes.
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus, bugs, (ii) tampering, unauthorized intervention, (iii) fraud, (iv) technical failures, or (v) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Prizes (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on a physical address, the winning entry will be declared by the authorized occupant of the physical address associated with the mailing in question.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any Prize, including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing errors; (iv) errors in the administration of the Sweepstakes or the processing of entries; or (v) injury, death, 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 of the Grand Prize (defined below). Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrants further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. For New Jersey Residents: nothing herein bars recovery of damages or attorneys’ fees where mandated by statute.
Except as expressly provided above, IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE.
By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. Released Parties are not liable in the event that any portion of the Sweepstakes is cancelled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
DRAWING AND NOTIFICATION: The potential Grand Prize Winners will be selected at random conducted by the Sponsor. The Grand Prize envelopes can only be opened at In A Pickle Restaurant, 265 Moody St, Waltham, Ma 02453 during operational hours between the dates of January 2, 2025 and February 28, 2025. Odds of winning the Grand Prize will depend on the total number of eligible envelopes distributed throughout the promotion Period. The potential Winner must be present and in possession of the winning envelope. Rightful possession of the envelope will be considered ownership.
In the event a person or persons possess more than one envelope, only one envelope to be opened each meal period, per party, up to 2 envelopes opened each calendar day.
GRAND PRIZES: A grand prize is defined by any prize given during the promotion that has the Maximum Approximate Retail Value (“ARV”) over $99, but less than $2,501.00. There will be a total of twenty (20) ‘grand prizes’ included in the promotion. There will be one (1) Sony PlayStation Pro 5. The ARV for a Sony PlayStation Pro 5 is $699.00. There will be one (1) 55 inch flat screen television. The ARV will be over $300.00, but not greater than $699.00. There will be one (1) Apple iPad (10th Generation). The ARV is $350.00. There will be one (1) Rover-1 Electric Scooter. The ARV is $350.00. There will be one (1) 6qt KitchenAid stand mixer with bowls and accessories. The ARV is $399.00. There will be one (1) Daryl Christopher Lifestyle Salon & Spa gift certificate. The ARV is $250.00. There will be one (1) Cash award (“Prize” or ‘Grand Prize’) of $2,500. There will be one (1) Cash award (“Prize” or ‘Grand Prize’) of $1,000.00. There will be one (1) Cash award (“Prize” or ‘Grand Prize’) of $500.00. There will be ten (10) Cash award (“Prize” or ‘Grand Prize’) of $100.00. The value of the Prizes set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. If the actual value of a Prize is lower than the stated ARV when a Prize is procured and fulfilled, then the difference will not be awarded. The sponsor will make all reasonable efforts to obtain the described prize, but in the event it is not possible, they will obtain a prize similar, but not less than, the marketed prize. In the event that a similar prize can not be procured, a cash award for the ARV for the prize will be given in substitution, as determined solely by the Sponsor. The winner will not have the option of a Cash option unless the sponsor determines it to be so.
Any costs associated with registration and licensing of any of the prizes are the sole responsibility of the Winner. All other expenses associated with Prize acceptance or usage not mentioned herein are the sole responsibility of the Winner. Prizes will be awarded “AS IS” from the retailer without warranty by Sponsor of any kind. Winner acknowledges that Sponsor has not made nor is in any manner responsible for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any Prize offered in the Sweepstakes, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Prize may not meet safety or testing required in some states, and/or counties/municipalities. The Winner is responsible to check their state/county for applicable requirements and safety inspection requirements prior to accepting the Prize and must use prizes in accordance with those regulations.
NOTE: Substitution, assignment or transfer of the Prize is not permitted, except by Sponsor, who reserves the right to substitute the Prize with another of equal or greater value.
ADDITIONAL PRIZE CONDITIONS: By accepting the Grand Prize, the Winner agrees to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize. The potential Winner must sign and return to the Sponsor / Administrator, within seven (7) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity in order to claim the Prize. Note: The Affidavit sent to a potential Winner will require that the Winner provide their Social Security Number to the Sponsor / Administrator, which will be used solely for tax reporting purposes. The Winner will be responsible for all local, state, and federal taxes associated with the receipt of the Prize. The Winner must note that the value of the accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize. The Winner is solely responsible for all matters relating to the Prize after it is awarded. If a potential Winner fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, and no alternate Winner may or may not be awarded.
By accepting the Prize, where permitted by law, the Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, video, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. The Winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prize.
PRIZES:
A ‘Prize’ is defined by any item given during the promotion that has the Maximum Approximate Retail Value (“ARV”) $98 or less. Each envelope will contain at least one prize of an ARV of $98 or less. Each prize will be randomly sealed in each envelope. Envelopes will be void and not redeemable if the envelope has been opened or tampered with. The number of prizes awarded will be determined by the percentage of the people redeeming qualified envelopes and the number of people participating in the promotion.
If an envelope is redeemed during the sponsor’s night hours of operation (3pm – 10pm during operating days) the participant will win DOUBLE the ‘Prize’. Only one of the prizes can be redeemed that calendar day. The second prize can be redeemed at the next day of operation, but not to exceed any expiration date that is listed on the prize.
DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Administrator, and Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s, province’s, or jurisdiction’s laws. By participating in the Sweepstakes, Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a court within the State of Massachusetts; (iii) any and all claims, judgments , and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event will attorney fees be awarded or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Entrant’s remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by the Sponsor / Administrator. The waiver by Sponsor / Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrants, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant.
GRAND PRIZE WINNERS LIST REQUEST: To request confirmation of the first name, last initial, city, and state of residence of the Winner, please send a self-addressed, stamped business size envelope, by April 15, 2025 to: In A Pickle Restaurant / Winners List Request, 265 Moody Street, Waltham, MA, 02453.
This Sweepstakes is not in any manner sponsored, endorsed, administered by, or associated with any of the manufactures, retail distributors, or service providers of the Grand Prizes.