OCTOBER SOUND BITES TICKET SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE ENTRANT’S CHANCES OF WINNING. VOID WHERE PROHIBITED.
The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter or Taco Bell. By entering the Promotion, an Entrant agrees to release and hold harmless Twitter and Taco Bell from any and all liability associated with this Sweepstakes.
The Sweepstakes and Prizes (defined below) are subject to any requirements provided by the Venue and Sponsor as well as all applicable laws, rules, regulations, and ordinances. Winners and guests must abide by all Venue and Sponsor policies, including, without limitation, any requirements regarding the COVID-19 pandemic (such as precautionary measures adopted by Venue or Sponsor including mask mandates, requirements to demonstrate proof of vaccination against COVID-19, or requirements to demonstrate proof of a recent negative COVID-19 test). Venue and Sponsor reserve the right to revoke the full or partial Prize from any Winner or guest who Sponsor or Venue personnel deem may, in their sole discretion, be intoxicated, be a safety risk, have violated any Sponsor or Venue policy or law, or may bring the Venue or Sponsor into disrepute. Additionally, the Concert and corresponding Prizes may be cancelled or substituted if required by applicable laws, rules, or ordinances or if the Concert or Prizes may pose a health and safety risk as determined by Sponsor or Venue in their sole discretion.
1. Sponsor. The October Sound Bites Ticket Sweepstakes (“Sweepstakes”) is sponsored by Grubhub Holdings Inc., 111 W. Washington Street, Suite 2100, Chicago, IL 60602 (“Grubhub” or “Sponsor”).
2. Eligibility. The Sweepstakes is open only to current U.S. residents located in California who are 21 years or older. Grubhub and its affiliates, and each of their respective staff and their immediate family members (parents, children, spouses, siblings) and members of the same household are not eligible to enter the Sweepstakes. The Sweepstakes and Entrants’ participation is subject to Sponsor’s Terms of Use available at http://www.grubhub.com/legal/terms-of-use and Privacy Policy available at http://www.grubhub.com/legal/privacy-policy, which are incorporated as part of these Sweepstakes Official Rules (the “Official Rules”). The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation constitutes your full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a Prize is contingent upon fulfilling all requirements set forth herein and Sponsor verification.
3. Data Collection. By entering the Sweepstakes, Entrant consents to all the necessary rights for the data collection, sharing and use resulting from Entrant’s participation in the Sweepstakes, and as provided in Sponsor’s Privacy Policy as well as the sharing entries and results of the Sweepstakes. By participating in the Sweepstakes, you agree to the Gleam Terms and Use (https://gleam.io/terms) and Gleam Privacy Policy (https://gleam.io/privacy) governing the Sweepstakes Form (defined below), which is a third-party service not owned or operated by Sponsor. If you do not wish to receive information from Sponsor in the future, please click ‘unsubscribe’ from future emails or contact Grubhub customer care directly. By entering, each Entrant acknowledges that Sponsor has the right at all times to disclose information as necessary to satisfy any law, regulation or valid governmental request.
4. Promotion Period. The Sweepstakes begins on 10/14/21 at 5:00 p.m (PT) and ends on 10/17/21 at 11:59 p.m. (PT) (the “Promotion Period”). Sponsor’s computer is the official time keeping device for the Sweepstakes.
5. How to Enter. To enter the Sweepstakes, you must do at least one of the following through the landing page available at https://gleam.io/JrCkD/october-soundbites (the “Sweepstakes Form”) during the Promotion Period.
a. If you do not have a Grubhub account prior to the Promotion Period, you may enter by clicking “Sign up for Grubhub” on the Sweepstakes Form and inputting your name and email address. After inputting your name and email address, you will be redirected to create a Grubhub account. Creating a Grubhub account is free. Entry will not be valid if Entrant does not click on the appropriate link on the Sweepstakes Form, input their name and email address to be redirected to the Grubhub app or www.grubhub.com, or signs up for a Grubhub account directly on the Grubhub app or www.grubhub.com. This method of entry will qualify for 3 entries.
b. If you already have a Grubhub account prior to the Promotion Period, you may enter by submitting the email address associated with your Grubhub account under the applicable section of the Sweepstakes Form. This method of entry will qualify for 3 entries.
c. You may enter by placing an order on the Grubhub app or at www.grubhub.com. To enter using this method, you must click on the applicable section of the Sweepstakes Form, where you will be required to input your name and email address. After inputting your name and email address, you will be redirected to the Grubhub app or www.grubhub.com. After you are redirected, you must log in using your Grubhub account credentials and you must place a qualifying order. A qualifying order is any order that, as determined by Grubhub, (A) originates from the Sweepstakes Form, (B) is placed using Entrant’s Grubhub account, and (C) meets the criteria under Order Restrictions below. This method of entry will qualify for 1 entry.
i. Order Restrictions: Order must be placed in California only. Must be placed using personal (non-corporate) accounts and cannot be a group or catering order. Subject to restaurant and/or delivery availability. Limit one (1) order method of entry per Entrant. Qualifying orders may not include purchases containing alcohol. Participation is subject to the Grubhub Terms of Use.
d. You may enter by clicking “Download the Grubhub app” on the applicable section of the Sweepstakes Form and downloading the Grubhub app on a compatible mobile device. This method of entry will qualify for 1 entry. If you have already downloaded the Grubhub app prior to visiting the Sweepstakes Form, you may still click “Download the Grubhub app” on the applicable section of the Sweepstakes Form, be automatically redirected to the Grubhub app, and be qualified for 1 entry.
e. You may enter by posting a tweet that mentions @grubhub and includes the hashtag #GHSoundBitesSweepstakes through the applicable section of the Sweepstakes Form. This method of entry will qualify for 1 entry.
i. By entering the Sweepstakes using the method set forth in Section 5(e) of these Official Rules, you hereby warrant and represent that your post complies with Twitter rules and terms and will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; is not defamatory, trade libelous, pornographic or obscene, and further that it does not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor or as permitted by these Official Rules); conduct or other activities in violation of these Official Rules; and/or any other comment that is or could be considered inappropriate, unsuitable or offensive, all as determined by Sponsor in its sole and absolute discretion.
IMPORTANT NOTE: Standard data and/or other rates apply to Entrants who visit @grubhub on Twitter via a wireless mobile device or who otherwise use a method of entry requiring a mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.
All entries become the property of the Sponsor and will not be acknowledged or returned. If, in the opinion and sole and absolute discretion of Sponsor, any entry violates any law, rule or regulation or infringes upon the rights of any third party, is inaccurate, illegible, incomplete or irregular in any way, or otherwise does not comply with these Official Rules, Sponsor may disqualify the entry. If you attempt to obtain more entries by using multiple/different email addresses, Twitter accounts, identities, registrations, or logins, or through any other methods, Sponsor may exclude you from participating in the Sweepstakes. This Sweepstakes may be cancelled in the event that, in the sole discretion of Sponsor, an insufficient number of eligible entries are received.
6. Prizes, Drawings and Notification of Winners. At the conclusion of the Promotion Period, one hundred (100) winners (each a “Winner” and collectively, “Winners”) will be randomly selected from all eligible entries submitted. Each Winner will be awarded two (2) tickets to the October 2021 Sound Bites concert event currently expected to be held at the Rosenthal Wine Bar and Patio located at 18741 Pacific Coast Highway, Malibu, CA 90265 (“Venue”) currently scheduled to take place on October 22, 2021 (the “Concert”) (each, a “Prize” and collectively, the “Prizes”). The total ARV of all Prizes is $5,000.
Entrants need not be present at the drawing to win. Winners will be notified by Sponsor via email or direct message on Twitter (if Entrants use the method(s) of entry set forth in Section 5(e) of these Official Rules). Winners may be required to provide Sponsor with a valid email address in order to receive information on how to collect their Prize. If any Winner does not provide Grubhub with a valid address and/or email address within 24 hours of receiving notice from Sponsor, the Winner will forfeit the Prize and an alternative Winner will be randomly selected from the remaining eligible entries. Sponsor reserves the right to post each Winner’s first name on the Sponsor’s Twitter page. Limit one (1) Prize per person during the Promotion Period. Resale of Prizes is prohibited. Travel, lodging, or other accommodations are not included. Except as expressly set forth herein, Sponsor makes no representation, warranty or covenant regarding the Prizes or any aspect thereof.
Prizes are subject to any rules and requirements provided by Venue (including those posted at https://rosenthalestatewines.com/los-angeles-county-safety-protocols/) and Sponsor. Winners and guest(s) must abide by all Concert and Venue policies, including, without limitation, any requirements regarding the COVID-19 pandemic (such as mandatory precautions including mask mandates, proof of vaccination, or proof of negative COVID-19 test). Venue and Sponsor reserve the right to revoke full or partial Prizes from any Winner or guest who they or Concert/Venue personnel deem may, in their sole discretion, be intoxicated, be a safety risk, have violated any venue policy or law, or may bring the Venue or Sponsor into disrepute.
Winning a Prize is subject to validation and verification of eligibility and compliance with all the terms and conditions set forth in these Official Rules. Except where prohibited by law, each Winner who accepts a Prize may be required to sign and return an Affidavit of Eligibility and Liability and Publicity Release and provide any additional information that may be required by Sponsor. If required, Winners must return all such required documents via email (or as otherwise instructed) within forty-eight (48) hours with originals being sent via U.S. Mail within seven (7) days following attempted notification or such potential winner will be deemed to have forfeited the Prize and another Winner may be selected. If any Winner is considered a minor in his/her jurisdiction of residence, such documents must be signed by his/her parent or legal guardian and the Prize will be awarded in the name of and delivered to minor’s parent/legal guardian. If a potential winner does not meet the eligibility requirements and/or is ineligible for any other reason (including noncompliance with these Official Rules) or a potential winner does not execute an affidavit within the seven (7) day notice, he/she may be disqualified, his/her Prize will be forfeited and an alternate winner may be selected at random from all remaining eligible Entries. All notification requirements, as well as other requirements within these Official Rules, will be strictly enforced.
No transfer, substitution or cash equivalent for a Prize is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a Prize for one of equal or greater value if the designated Prize(s) should become unavailable for any reason, including for reasons related to the COVID-19 pandemic. Winners are solely responsible for any local, state or federal taxes, and any other taxes, fees and costs connected with winning the Prize. Where applicable, U.S. federal regulations require the issuance of a 1099 Form to the Winner of any Prize with a value in excess of $600.
7. Delivery of Prizes. Within three (3) days of the date Sponsor receives each Winner’s email address or Twitter handle in accordance with these Official Rules, Sponsor will email the Winners or direct message the Winners on Twitter with the applicable Prize details. IF ANY WINNER IS NOT ABLE TO COLLECT THEIR PRIZES, THE WINNER WILL FORFEIT THEIR PRIZE.
8. Publicity. Except where prohibited, participation in the Sweepstakes constitutes Entrant’s and Winner’s consent to Sponsor’s and its agents’ use and commercial exploitation of the Entrant’s and Winner’s Twitter handle, name, likeness, photograph, voice, opinions, biographical information, testimonials, statements, Prize information, and/or hometown and state (as applicable) for promotional purposes in any media, worldwide, without further payment or consideration. By entering this Sweepstakes and/or accepting a Prize, each Entrant and Winner agrees to participate in any and all publicity and promotional activities (except where prohibited) in connection with this Sweepstakes as reasonably designated by Sponsor. Submission of an entry grants Sponsor and its agents the right in perpetuity to reproduce, publish, use, edit, adapt and/or modify such entry information, in any way, in any and all media, without limitation and without compensation to Entrant. Winners acknowledge and agree that they have no right to review, approve or enjoin any materials related to the production, distribution, exploitation or promotion of the Concert or Venue (including, but not limited to, photos, videos, or live streams on Sponsor’s social media). Any acknowledgement or credit in connection with Entrant, if any, shall be determined by Sponsor in its sole discretion. Sponsor is not responsible for human error, theft, destruction, or damage to entries, or other factors beyond its reasonable control.
9. Release. BY PARTICIPATING OR ACCEPTING A PRIZE, ENTRANTS RELEASE AND AGREE TO HOLD HARMLESS SPONSOR, SWEEPSTAKES PARTNERS, PRIZE SUPPLIERS, TACO BELL, CROWD9 PTY LTD d/b/a GLEAM, TWITTER AND EACH OF THEIR RESPECTIVE PARENTS, PARTNERS, DIVISIONS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, AGENTS, AND CONTRACTORS (“RELEASED PARTIES”) FROM ANY AND ALL EXISTING OR FUTURE ACTUAL OR ALLEGED ACTIONS, CLAIMS AND/OR LIABILITIES OF WHATEVER NATURE INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, BODILY INJURY (INCLUDING WITHOUT LIMITATION WRONGFUL DEATH AND DISABILITY), PROPERTY DAMAGE, AND LOSS OR DAMAGE OF ANY OTHER KIND, ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE, PARTICIPATION IN THIS SWEEPSTAKES, AND/OR PARTICIPATION IN ANY CONTEST OR PRIZE RELATED ACTIVITIES.
10. Limitations of Liability. 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; (5) late, lost, undeliverable, damaged or stolen mail or email. No more than the stated number of Prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of Prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of Prizes by a random drawing from among all eligible Prize claims.
11. Cancellation, Suspension or Modification. To the maximum extent permitted by law, Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, including without limitation if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner, and to prosecute or cooperate in the prosecution of any such individual, to the fullest extent permitted by law. The use of automated or third party software or website to play the Sweepstakes is prohibited. Electronically or mechanically reproduced entries shall be disqualified. In the event of a dispute, all entries will be deemed to have been submitted by the owner of the email account used to submit the entry. For these purposes, the email account holder shall mean the natural person assigned to the email address by the Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with such email account. Disqualified or ineligible Entrants shall forfeit any awarded Prizes. Any attempt to submit an entry using multiple or different email addresses or Twitter accounts will disqualify such entry and the Entrant may be disqualified and any awarded Prizes may be forfeited. Forfeited Prize may be re-awarded to alternate winners in Sponsor’s sole discretion. A properly claimed Prize will be awarded provided a sufficient number of eligible entries are received. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Notice of suspension/modification will be posted on this page.
12. Disputes. Except where prohibited, Entrant agrees to waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including without limitation the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be first negotiated informally and in good faith. For any dispute that Entrant initiates, Entrant agrees to first send a written description of any dispute to [email protected]. For any dispute that Sponsor initiates, Sponsor will send a written description to the email address associated with Entrant. This informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. If Entrant and Sponsor are unsuccessful in resolving any dispute within sixty (60) days, Entrant and Sponsor agree that the dispute will be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). In the event that AAA is not available to arbitrate, Entrant and Sponsor will select an alternative arbitration provider. Arbitration means that an arbitrator and not a judge or jury will decide the claim. You hereby acknowledge and agree that you and Grubhub are each waiving the right to a trial by jury to the maximum extent permitted by law.
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. You acknowledge and agree that, to the maximum extent allowed by law, there shall be no right or authority for any dispute to be arbitrated on a class, join, collective or consolidated basis or in a purported representative capacity on behalf of the general public. Unless both you and Grubhub otherwise agreed in writing, the arbitrator may not consolidate more than one person’s claims.
Unless Entrant and Sponsor otherwise agree, the arbitration shall be conducted in the county in which Entrant resides. If the arbitrator finds that either the substance of Entrant’s claim or the relief sought in Entrant’s demand for arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rules of Civil Procedure 11(b)), Sponsor will have the right to recover attorneys’ fees and expenses. 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 New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. Sponsor reserves the right to change this “Disputes” section, but any such changes will not apply to any individual claim(s) for which Entrant has already provided notice to Sponsor. If Entrant does not agree to a change, Entrant may reject any such change by providing Sponsor written notice of such rejection by mail or hand delivery to: Grubhub, Attn: Dispute Resolutions, 111 West Washington Street, Suite 2100, Chicago, Illinois 60602, or by email from the email address associated with Entrant’s account to: [email protected], within 30 days of the date such change became effective. Notice must clearly state Entrant’s full name and clearly indicate the intent to reject changes to this “Disputes” section.
13. Winners List. For the names of the Prize Winners, send a self-addressed, stamped, #10 envelope to: October Sound Bites Ticket Sweepstakes Winners List Request, Grubhub Holdings Inc., 111 W. Washington St, Suite 2100, Chicago, Illinois 60602. Winners List will be sent when the Promotion Period is over. Requests for Winners List must be received by 11/17/21.
14. Copy of Official Rules. A copy of these Official Rules may be obtained upon request by emailing [email protected]