NEW YORK GRUBHUB GIFT CARD SWEEPSTAKES
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, Instagram. By entering the Promotion, an Entrant agrees to release and hold harmless Instagram from any and all liability associated with this Sweepstakes.
1. Sponsor. The New York Grubhub Gift Card Sweepstakes (“Sweepstakes”) is sponsored by Grubhub Holdings Inc., 111 W. Washington Street, Suite 2100, Chicago, IL 60602 (“Grubhub” or “Sponsor”).
4. Promotion Period. The Sweepstakes begins on November 8, 2021 at 11:00 a.m. (ET) and ends on November 12, 2021 at 11:00 p.m. (ET) (the “Promotion Period”). Sponsor’s computer is the official time keeping device for the Sweepstakes.
5. How to Enter. You must have (or create) an Instagram account and an active Grubhub+ membership to enter this Sweepstakes. To enter the Sweepstakes, you must reply to at least one of the following Grubhub Instagram feed posts (each, a “Post,” and collectively, the “Posts”) during the Promotion Period. Your reply must be in the form of an Instagram comment (each, a “Comment” or “Entry”), state your favorite Grubhub order, and include the hashtag #NYGHSweepstakes. The Posts (including the applicable posting dates) are as follows: (i) the “Day One” Post, which will be posted on November 8, 2021; (ii) the “Day Two” Post, which will be posted on November 10, 2021; and (iii) the “Day Three” Post, which will be posted on November 12, 2021. During or after the Promotion Period, Sponsor may contact you via Instagram direct message to verify your Grubhub+ membership status (such as by asking you to confirm the email address associated with your Grubhub+ membership). Your Entry eligibility is subject to your timely response to Sponsor’s request (within 24 hours or less of Sponsor’s request) as well as Sponsor’s ability to verify your Grubhub+ membership status. Your Comment must remain posted through the end of the Promotion Period. Limit one Comment per Post during the Promotion Period (maximum of three Entries total). Multiple Entrants are not permitted to share the same Instagram account. If you attempt to obtain more than one (1) Comment per Post by using multiple/different Instagram accounts, identities, registrations, or logins, or through any other methods, Sponsor may exclude you from participating in the Sweepstakes.
By entering on Instagram, you agree that your Entry conforms to the Submission Requirements as set forth in Section 6 below (“Submission Requirements”) and that Sponsor, in its sole discretion, may disqualify you from the Sweepstakes if it believes that your Entry fails to conform to the Submission Requirements.
IMPORTANT NOTE: Standard data and/or other rates apply to Entrants who submit an Entry via a wireless mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.
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 and/or the Entrant’s participation 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. Submission Requirements. BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY COMPLIES WITH ALL CONDITIONS STATED IN THESE OFFICIAL RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING THE USE OF YOUR ENTRY OR ANY COMPONENT THEREOF. THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE OFFICIAL RULES AND/OR THE INSTAGRAM RULES.
By participating in the Sweepstakes, each Entrant hereby warrants and represents that any Comment he/she submits on Instagram:
- is original to him/her;
- does not violate any law, statute, ordinance or regulation;
- 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; and
- is not defamatory, trade libelous, pornographic or obscene, and further that it will 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 (including, without limitation, any competitors of Sponsor); 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); 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.
7. Prizes, Drawings and Notification of Winner. At the conclusion of the Promotion Period, three (3) winners (each a “Winner” and collectively, “Winners”) will be randomly selected from among all eligible Entries, and each awarded one Grubhub e-gift card valued at $1,000 (each a “Prize” and collectively, “Prizes”). Gift cards are not valid on campus dining orders, corporate account orders, or orders containing alcohol. Prizes are subject to standard Grubhub gift card terms and conditions. The total ARV of all Prizes is $3,000. Entrants need not be present at the drawing to win. Winners will be notified by Sponsor via email or via direct message on Instagram, and each Winner must provide Sponsor a valid email address in order to receive his/her Prize. If a Winner does not provide Grubhub with a valid email address within 24 hours of receiving notice from Sponsor, 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 and Comment on the Grubhub Instagram page. Winners shall be notified no later than 11/15/21 at 6:00 p.m. (ET). Limit one (1) Prize per Winner during the Promotion Period.
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, the 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, the Winner 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 the 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 the potential winner does not meet the eligibility requirements and/or is ineligible for any other reason (including noncompliance with these Official Rules) or the 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 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.
8. Delivery of Prizes. Sponsor will email prizes to the Winners at the email addresses provided to Sponsor within seven (7) days of the date Sponsor receives the Winner’s email address in accordance with these Official Rules, as applicable.
9. Publicity. Except where prohibited, participation in the Sweepstakes constitutes the Entrants’ and the Winner’s consent to Sponsor’s and its agents’ use of the Entrants’ and the Winner’s Instagram account username, 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 the Winner agree 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. Sponsor is not responsible for human error, theft, destruction, or damage to entries, or other factors beyond its reasonable control.
10. Release. BY PARTICIPATING OR ACCEPTING A PRIZE, ENTRANTS RELEASE AND AGREE TO HOLD HARMLESS SPONSOR, SWEEPSTAKES PARTNERS, PRIZE SUPPLIERS, INSTAGRAM AND ITS RESPECTIVE PARENTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, 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.
11. 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 Prizes. 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.
12. Cancellation, Suspension or Modification. 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 such event, Sponsor may select the Winner from the eligible Entries received prior to cancellation or suspension, in its sole discretion. 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 will disqualify such Entry and the Entrant may be disqualified and any awarded Prizes may be forfeited. Forfeited Prizes may be re-awarded to alternate winners in Sponsor’s sole discretion. All properly claimed Prizes 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 the newsroom.
13. 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.
14. Winner List. For the name of the Winner of the Prize, send a self-addressed, stamped, #10 envelope to: New York Grubhub Gift Card Sweepstakes, Grubhub Holdings Inc., 111 W. Washington St, Suite 2100, Chicago, Illinois 60602. Winner List will be sent when the Promotion Period is over. Requests for Winner List must be received by 12/15/21.
15. Copy of Official Rules. A copy of these Official Rules may be obtained upon request by emailing [email protected]