NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE CHANCES OF WINNING. VOID WHERE PROHIBITED. Entrants are providing information to “Sponsor” (as defined below) and not to Instagram.
1. DESCRIPTION: The #HowNewYorkEats Contest (the “Contest“) submission period begins on Tuesday, October 10, 2017 at 12:00:01am Eastern Time (“ET”) and ends on Friday, October 20, 2017 at 11:59:59 pm ET (“Submission Period”). The Contest provides eligible entrants (each, an “Entrant” and collectively, “Entrants”) with the opportunity to share their “most New York photo of themselves” via Instagram (the “Submission”) for consideration as described below. The sponsor of this Contest is Grubhub Holdings Inc., 5 Bryant Park, 15th Floor New York, NY 10018 (“Sponsor“). The administrator of this Contest is Creative Zing Promotion Group (“Administrator“), 189 South Orange Avenue, Suite 1130A, Orlando, FL 32801. The Sponsor and Administrator shall collectively be referred to as the “Contest Entities”. Void where restricted or prohibited by law.
2. ENTRANT ELIGIBILITY & SUBMISSION REQUIREMENTS: In order for an Entrant to be eligible to participate in the Contest and to be considered as a potential winner, the Entrant must meet the following eligibility criteria:
- Entrant must be at least eighteen (18) years of age with a physical mailing address in Manhattan, Brooklyn, Queens, the Bronx, or Staten Island, New York (collectively, the “NYC Boroughs”) at the time of entry;
- Entrant must be the rightful owner of the Instagram account associated with the entry. In the event of a dispute, the Entrant or potential winner will be deemed the Authorized Account Holder of the email address associated with the Instagram account as long as such individual is otherwise eligible in accordance with these Official Rules. “Authorized Account Holder” is defined as the natural person in whose name the e-mail account was opened. In the event a dispute regarding the identity of an Entrant or potential winner cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible; and
- Household members and immediate family members of Contest Entities and the advertising/promotion agencies that are directly associated with the administration, judging and execution of the Contest are not eligible to participate in the Contest. For purposes of the Contest, “Household Members” shall mean those people who share the same residence at least three months a year; “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, stepchildren, siblings, stepsiblings or spouses.
Submissions must meet the following criteria:
- The Submission must be of the Entrant showcasing his or her “most New York photo”;
- The Submission must be original to Entrant and Entrant must be the rightful owner of the Submission or must have the rights, title and interest necessary to utilize the Submission for the Contest in compliance with these Official Rules;
- Submission must be in accordance with the Content Restrictions listed below; and
Submissions are subject to the following Content Restrictions:
- Submissions must NOT contain subject matter which is, or could be considered, in the sole discretion of Contest Entities, obscene, pornographic, violent, defamatory, libelous, discriminatory, illegal, offensive, threatening, profane, hateful, degrading, harassing, or otherwise unlawful or objectionable;
- Submission must NOT contain prominent third-party content that is protected by copyright or trademark (without the express prior written consent of the owner of such right) or include names, logos and/or descriptions of any copyrighted or trademarked business or media production, including, without limitation, character from films, books, television programming, etc., or identifying descriptions of any media property;
- Submission must NOT contain material that infringes or violates any applicable laws or regulations or any right of a third party including: (1) patent, trade secret or other proprietary or contractual rights; (2) right of privacy or publicity; or (3) any confidentiality obligation;
- Submission must NOT contain third party individuals from whom Entrant has not obtained permission to display such third party individual’s likeness or any other identifying features in connection with the Submission; and
- Submissions must NOT contain any derogatory references to any Contest Entities.
Contest Entities reserve the right to edit or request that an Entrant edit or completely remove any content that, in the Sponsor’s sole discretion, may intentionally or unintentionally violate these Official Rules and Entrants must promptly comply with any such request. Contest Entities will determine in their sole discretion which Submissions have satisfied the requirements of these Official Rules. Sponsor reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. Without in any way limiting the effect of the rest of these Official Rules, any Entrant who incorporates any intellectual property owned by a third party into his or her Submission without permission does so at his or her own risk.
3. HOW TO PARTICIPATE: The Contest will offer Entrants an opportunity to progress to the Contest judging phase and will operate as follows:
Contest Entry: During the Submission Period, Entrant must log into his/her Instagram account and post an eligible Submission to Instagram. The Submission must include the hashtag #HowNewYorkEatsContest (the “Entry Hashtag”) for consideration in the Contest. Multiple Submissions are permitted as long as each Submission features a unique photo of the Entrant in compliance with these Official Rules. Entrant’s Instagram account must be set to public in order to participate in this Contest.
Submissions must be received by 11:59:59 pm ET on October 20, 2017. Use of the Entry Hashtag and posting of a Submission constitutes Entrant’s understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor’s decisions are final in all matters relating to this Contest. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor’s decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally. All information provided by Entrants becomes the property of Sponsor. ELIGIBLE ENTRANTS MUST ENTER IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Sponsor has the right to change the Submission Period, and all other dates or deadlines set in connection with this Contest, at any time and in its sole discretion, and notice will be posted by Sponsor on Instagram.
Contest Judging: Throughout and immediately following the Submission Period, eligible Submissions will be reviewed and evaluated by the Contest Entities to determine five (5) winners (pending confirmation, each a “Winner” and collectively “Winners”). Eligible Submissions will be judged in accordance with the following criteria:
- Alignment with (most New York photo of you) Theme: 50%
- Creativity/Originality: 25%
- Usability, Quality and Clarity of Photo Image: 25%
The Entrants with the highest ratings based on the aforementioned criteria will each be deemed a “Potential Winner”, subject to verification of eligibility and compliance with these Official Rules. In the event of a tie, the tied Submissions will be re-evaluated by the Contest Entities in accordance with the aforementioned criteria and the Entrant with the highest rating on “Alignment with (most New York photo of you) Theme” will be deemed a Potential Winner. Final judging scores will not be revealed or publicly announced.
4. WINNER NOTIFICATION: On or about Monday, October 23, 2017, each Potential Winner will be notified via Instagram in the form of a direct message or comment from the Sponsor. Potential Winner will be required to respond (as directed) to the Sponsor within one (1) day of the notification and provide his/her email address and/or phone number, as directed. Potential Winner will be required to complete, sign and return within three (3) days (or a shorter time if required by exigencies) an affidavit of eligibility, a liability release, and, unless prohibited by law, a publicity/rights release (collectively, “Prize Acceptance Forms”).
Failure to respond to the notification or return the Prize Acceptance Forms within the specified time period may result in forfeiture of the prize. If a prize is forfeited or goes unclaimed or Potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such Potential Winner will be disqualified and an alternate Potential Winner may be selected based on the judging results, at the sole discretion of the Sponsor and/or Administrator in accordance with the aforementioned procedure. Administrator, in its sole discretion, will attempt to contact up to two (2) Potential Winners of each prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. Sponsor is not responsible for any change of email address, Instagram account, and/or telephone number of entrants. Sponsor’s decisions shall be final in all matters relating to this Contest.
5. PRIZES: There are five (5) prizes available. Contest Entities may, in their sole discretion, not award all five (5) prizes if the Content Entities determine there are not sufficient Submissions that qualify. Each prize consists of one (1) character illustration, inspired by the Winner’s Submission, and one (1) one hundred dollar ($100) Seamless egift card. Illustrations will be approximately 25” x 15”, framed and matted. Approximate Retail Value (“ARV”) of each prize $350. Total ARV of all prizes is $1,750.
Limit one (1) prize per person/household. eGift cards may be subject to separate terms and conditions imposed by issuer. Prize illustrations cannot be reproduced, transferred or used by the Winner for any commercial purpose. Sponsor reserves the right to edit, remove, or alter any elements, characteristics, or material reflected in the Submission during production of the illustration, at the sole discretion of the Sponsor. The ARV of any prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute a prize of comparable value if a prize listed is unavailable for any reason. Other restrictions may apply. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER.
6. MATERIALS/RIGHTS IN SUBMISSIONS/PUBLICITY RIGHTS: In consideration of a Submission being reviewed and evaluated for this Contest, each Entrant (including each Winner) hereby grants to the Sponsor, and its designees, licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, irrevocable, fully paid, universal right and license to use, license, distribute, incorporate, broadcast, telecast, webcast, distribute, re-use, publish, re-publish, perform, edit, transmit, composite, morph, scan, duplicate, create derivative works of or alter, sell, and otherwise exploit (a) such Submission (and to permit others to do the same), or any portion thereof, (b) to the extent applicable any information or content, including name, social media handles, biographical or personal data, image, likeness and voice, included in any Submission submitted by Entrant in connection with the Contest; and (c) all graphics, photos, voice recordings, statements, quotations and any other creative materials of or by the Entrant, and each Winner as part of this Contest (collectively the “Materials”), in any media now known or hereafter devised, including, but not limited to, all forms of electronic media, print media and all forms of internet and wireless protocol. Each Entrant (including each Winner) understands that his or her name, social media handles and other Materials may be posted on the Sponsor’s website, social media channels or elsewhere in any media in the Contest Entities’ sole discretion. Entrant agrees that the Sponsor has no obligation to post a Submission or any Materials on Sponsor’s website or elsewhere.
7. NATURE OF RELATIONSHIP: Each Entrant (including each Winner) understands and acknowledges that the Contest Entities have wide access to ideas, designs, and other materials, and that new ideas are being developed by their own employees, suppliers, and/or business partners. Each Entrant (including each Winner) also acknowledges that many ideas may be competitive with, similar or identical to his/her Submission in theme, idea, format or other respects. Each Entrant (including each Winner) acknowledges and agrees that he/she will not bring any action against Contest Entities or any third parties, and will not be entitled to any compensation, as a result of the Contest Entities or any third parties use of any such similar or identical Submission or Materials. Entrant (including each Winner) acknowledges and agrees that the Contest Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of copyright or other intellectual property rights in and to the Submission. Nothing stated herein should be construed to create any kind of employment relationship, contractor relationship, work for hire, partnership or joint venture with Contest Entities. Entrant (including each Winner) waives any right to inspect or approve the prize illustration or any advertising or other creative materials that may be used in connection therewith. Entrant (including each Winner) release the Contest Entities and anyone acting under their permission or authority, from any liability by virtue of the manner in which the Submission or the use to which it may be applied. Entrant understands that Contest Entities have the right, but not the obligation, to use the Submission.
8. DISCLAIMER OF WARRANTIES; RELEASE; LIMITATION OF LIABILITY: Sponsor, in its sole discretion, may designate the Administrator to handle notification and fulfillment tasks on Sponsor’s behalf. All federal, state and local laws and regulations apply. By participating in this Contest and/or by accepting any prize, each Entrant (including each Winner) agrees to release the Contest Entities and each of their respective advertising agencies, successors, employees, agents, representatives and assigns as well as Instagram (collectively, the “Released Parties“) from any and all actions, claims, losses or damages arising in any manner, directly or indirectly, from participation in this Contest and/or acceptance or use of a prize, The Released Parties shall not be liable for: (i) any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the prize or resulting from acceptance, possession or use of a prize including participation in any activity related thereto, or from participation in the Contest; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (v) any inability of Winner to accept or use any prize (or portion thereof) for any reason and such prize or portion thereof shall be forfeited; or (vi) any printing, typographical, human administrative or technological errors in any materials or activities associated with the Contest. Contest Entities disclaim any liability for damage to any computer or mobile system resulting from participating in, or accessing or downloading information in connection with this Contest. Contest Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Contest (or any portion of the Contest) at any time for any reason or should fraud, a virus, bug, computer problem, unauthorized intervention, extenuating circumstance or other problem/cause corrupt or inhibit the administration, security or proper play of the Contest and, in such situation, will select the winners from eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Contest Entities. Contest Entities may prohibit Entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines Entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Entrants or Contest Entities representatives.
As a condition of entering, each Entrant (including each Winner) agrees (and agrees to confirm in writing): (a) under no circumstances will Entrant or Winner be permitted to obtain awards for, and Entrant/Winner hereby waive all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
9. GOVERNING LAW/JURISDICTION/DISPUTES: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF NEW YORK 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 LAWS. 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 Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest or Contest Entities 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.
11. LIST OF WINNERS/OFFICIAL RULES: To obtain the winner names or a copy of these Official Rules, send a request along with a stamped, self-addressed envelope to “#HowNewYorkEats Contest”, 189 S. Orange Ave, Suite 1130a, Orlando, FL 32801. Requests for the name of the winners must be received no later than November 15, 2017.
The Contest is in no way sponsored, endorsed or administered by Instagram. Instagram is completely released of all liability by each Entrant in this Contest.