Shake Shack Summerades Giveaway – July 2021
Terms and Conditions
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.
- Sponsor. The Summerades Sweepstakes (“Sweepstakes”) is sponsored by Grubhub Holdings Inc., 111 W. Washington Street, Suite 2100, Chicago, IL 60602 (“Grubhub” or “Sponsor”).
- Promotion Period. The Sweepstakes begins on 7/26/21 at 12:00 a.m. (ET) and ends on 7/27/21 at 11:59 p.m. (ET) (the “Promotion Period”). Sponsor’s computer is the official time keeping device for the Sweepstakes.
- How to Enter. You must have (or create) an Instagram account to be eligible. To enter, you must (a) follow @grubhub and @shakeshack on Instagram (you can do so by going to instagram.com/grubhub and instagram.com/shakeshack and clicking on the follow icon); (b) tag a friend on Instagram in a comment on a Creator (defined below) post on Instagram announcing the Sweepstakes; and (c) for Entrants who are located and reside in New York City only, include the name of the New York City neighborhood (e.g.. Hell’s Kitchen, Upper West Side, Union Square, etc.) where you are located in (and will be located on Wednesday, July 28, 2021) in the same comment referenced in (b). Entries that meet the criteria in (a) – (c) are “NYC Entries” and entries that meet the criteria in (a) – (b) are “Non-NYC Entries”; collectively, “Entries” and each an “Entry”. “Creators” include the Instagram accounts associated with the following handles: @tylerjcameron3, @mattjames919.
- Your tag in the comments section must remain on the applicable post through the end of the Promotion Period. Limit one tagged Friend per Entry. You will receive one Entry for each unique Instagram user that you tag. Entry is limited to one (1) per person per 24-hour period during the Promotion Period. Multiple Entrants are not permitted to share the same Instagram account. If you attempt to obtain more than one (1) Entry by using multiple/different Instagram accounts, identities, registrations, or logins, or through any other methods, Sponsor may exclude you from participating in the Sweepstakes. When you enter, you are providing information to Sponsor.
- 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 a Post 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.
- Submission Requirements. BY SUBMITTING AN ENTRY, YOU AGREE THAT THE POST 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 Post he/she submits:
- 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.
- By participating in the Sweepstakes, each Entrant hereby warrants and represents that any Post he/she submits:
- Prizes, Drawings and Notification of Winners. Winners will be selected at the conclusion of the Promotion Period. Two (2) winners will be randomly selected from among all eligible NYC Entries and awarded a personal Shake Shack delivery of Shake Shack summer menu items from Matt James and Tyler Cameron (“NYC Prize”). Shake Shack delivery items will be determined by Sponsor and Shake Shack in its sole discretion except as otherwise permitted by Shake Shack and Sponsor. Additionally, two (2) winners will be randomly selected from among all eligible Non-NYC Entries and awarded a personal video message from Matt James and Tyler Cameron (“Video Prize”). Each of the four (4) winners is a “Winner” and collectively they are “Winners.” Each of the NYC Prize and Video Prize is individually a “Prize” and collectively they are “Prizes.” The total ARV of all Prizes is $500. Entrants need not be present at the drawing to win. Winners will be notified by Sponsor via direct message on Instagram from @grubhub, and each Winner must provide Sponsor a valid delivery address (if NYC-based) and email address in order to receive his/her Prize. Delivery addresses must be located in New York City. If any Winner does not provide the Sponsor 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 and Entry on the Sponsor’s Instagram page. Winners shall be notified no later than 7/28/21 at 5 p.m. (ET). Limit one Prize per person 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, 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 should become unavailable for any reason. 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.
- Delivery of Prizes. Subject to these Official Rules, Sponsor will deliver Prizes to the Winners at the delivery addresses or email addresses (as applicable) provided to Sponsor by July 28, 2021. Details regarding timing and other specifics will be determined by Shake Shack and Sponsor in their sole discretion.
- Publicity. Except where prohibited, participation in the Sweepstakes constitutes Entrant’s and Winner’s consent to Sponsor’s and its agents’ use of the Entrant’s and Winner’s Instagram 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. Sponsor is not responsible for human error, theft, destruction, or damage to entries, or other factors beyond its reasonable control.
- Release. BY PARTICIPATING OR ACCEPTING A PRIZE, ENTRANTS RELEASE AND AGREE TO HOLD HARMLESS SPONSOR, SWEEPSTAKES PARTNERS, PRIZE SUPPLIERS, INSTAGRAM, AND THEIR 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.
- 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. 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.
- 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(s) 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.
- 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 settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. 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. The arbitration shall be conducted in the State of New York, City of New York. 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.
- Winners List. For the names of the Prize Winners, send a self-addressed, stamped, #10 envelope to: Summerades Sweepstakes Winners List Request, Grubhub Holdings Inc., 111 W. Washington St, Suite 2100, Chicago, Illinois 60602. Winners Lists will be sent when the Promotion Period is over. Requests for Winners Lists must be received by 8/27/21.
- Copy of Official Rules. A copy of these Official Rules may be obtained upon request by emailing [email protected]