3) Promotion Period: The Contest begins on Monday, February 8, 2016, at 12:00 pm Eastern Time (ET) and ends on Thursday, February 11th, 2016, at 6:00pm ET (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Contest.
4) How to Enter: To enter the Contest, you must: (1) Upload an Instagram photo of your takeout order for two; (2) Tag both @GrubHub and @Match on Instagram (http://instagram.com/grubhub/) and (https://www.instagram.com/match/); (3) Use the hashtag #OrderInToWin; and (4) Ensure that your Instagram page is shared publicly and remains viewable during the Promotion Period (collectively, the “Submission”). You must have registered for an Instagram account to participate in this Contest. There is no purchase required to register for an Instagram account. Entrants can use only one Instagram account to enter throughout the Promotional Period. Entrants may enter multiple Submissions during the Promotion Period.
5) Submission Restrictions: The Submission should not prominently display, incorporate or reference the intellectual property, copyrights, or trademarks of any third party or entity (for example, without limitation, it must not include unlicensed third-party music, lyrics, graphics, etc.) or would otherwise require the consent of any third party or entity in any jurisdiction. It must not prominently display any unacceptable clothing or adornments, or identifiable commercial/corporate advertising other than the trademark “GrubHub” or “Match”, for limited purposes. The image or video may include the GrubHub or Match trademark but only for the limited purpose of entering the Submission in the Contest. Use of the GrubHub or Match trademark is not required. The Submission must not contain the trademarks or affiliations of any GrubHub competitors. The Submission must not contain defamatory statements (including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group). The Submission must not include threats to any person, place, business, or group; it must not violate privacy, publicity or other rights of any person, firm, entity, and it must not in any way violate applicable federal, state, or local laws and regulations. The Submission must not include or show any dangerous behavior or activity or contain content that promotes dangerous activities that may result in injury to oneself or others. The Submission must not contain indecent behavior, profanities or obscenities, including but not limited to nudity, or pornography, and must not in any way disparage persons or organizations associated with Sponsor. The Submission must not include any personally identifiable information (e.g. last name, address, school, place of work, etc.) of entrant or any other person(s), whether they appear in the photo Submission or not. Sponsor also reserves the right to exclude any participant if it deems a username, profile information or any of that person’s Instagram content to be offensive in any form.
Notwithstanding the foregoing, 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. This Contest may be cancelled in the event that, in the sole discretion of Sponsor, an insufficient number of eligible entries are received. All submissions become the property of the Sponsor and will not be acknowledged or returned.
6) Contest Judging and Selection of Winners: Subject to Sponsors verification and Entrant’s compliance with and other restrictions in these Official Rules, after the Promotion Period, the Submissions will be judged by a qualified panel of judges, who will evaluate each Submission based on the following criteria (“Criteria”): (i) representation/spirit of the GrubHub and Match brands; (ii) creativity and originality; and (iii) expression of the Contest theme: takeout for two, order in to win. The judges will select the top Five (5) as Winners. Decisions of judges are final and binding.
7) Notification of Winners: At the end of Promotional Period, the Winners will be contacted via Instagram. Winners will be notified no later than February 12, 2016 at 10 AM ET. GrubHub’s Instagram social media account: (https://instagram.com/GrubHub) will announce the Winners by commenting in the comments section of all winning photos with instructions for the Instagram account holder to contact GrubHub. If we choose you as a Winner, GrubHub will need to connect with you to collect a bit of information in order to send you your Prize. Winners may be required to execute an Affidavit of Eligibility and Liability Release (except where prohibited by law) within one (1) day (including Weekends and Postal Holidays) of attempted notification. Noncompliance within this time period may result in disqualification without further notice and an alternate Winner will be selected. If we do not get a response from you within 24 hours of our initial reach out, we’ll award such Winner’s Prize to the runner up.
6) Prizes: Five (5) Winners will be awarded $100 worth of Free Grub, in the form of a mailed gift card (each, a “Prize”). Actual value may vary based on various factors. Limit one (1) Prize per person. Total approximate retail value (“ARV”) of all prizes is approximately $500. Sponsor reserves the right to substitute a Prize, in whole or in part, of equal or greater monetary value if a Prize cannot be awarded, in whole or in part, as described for any reason. All federal, state and local taxes will be the sole responsibility of the Winners. 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) Publicity: Except where prohibited, participation in the Contest constitutes Winner’s consent to Sponsor’s and its agents’ use of the Winner’s name, likeness, photograph, voice, opinions, biographical information, testimonials, statements, prize information, and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. By entering this Contest 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 Contest as reasonably designated by Sponsor.
8) Release: BY PARTICIPATING OR ACCEPTING A PRIZE, ENTRANTS RELEASE AND AGREE TO HOLD HARMLESS THE SPONSOR, CONTEST 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 OF MISUSE OF THE PRICE, PARTICIPATION IN THIS, AND/OR PARTICIPATION IN ANY CONTEST OR PRIZE RELATED ACTIVITIES.
9) 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 Contest; (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 Contest; or (4) technical or human error which may occur in the administration of the Contest or the processing of entries or Submissions. 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.
10) General Conditions: Entrants agree to be bound by these Official Rules and the decisions of the Sponsor. Where legal, participation in this Contest constitutes permission (and, where legal, Entrant agrees to confirm that grant in writing) to use in any and all media now known or hereinafter developed (including but not limited to the Internet), the Entrant’s name, likeness, voice, biographical information, and image for promotional, trade and/or publicity purposes without notice and at no additional compensation or review, unless prohibited by United States law. Submission of 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.
Sponsor reserves the right to cancel, suspend and/or modify the Contest, 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 Contest, as determined by Sponsor 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 Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. The use of automated or third party software or website to play the Contest is prohibited. Electronically or mechanically reproduced entries shall be disqualified. In the event of a dispute, all Submissions will be deemed to have been submitted by the owner of the e-mail account associated with the IP address used to submit the Submission. For these purposes, the e-mail account holder shall mean the natural person assigned to the e-mail 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 redeem a Prize using multiple or different GrubHub accounts will disqualify such Prize and the Entrant may be disqualified and any awarded Prizes may be forfeited. Forfeited prizes will not be re-awarded to alternate Winners. All properly claimed Prizes will be awarded provided a sufficient number of eligible entries are received. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. 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 at https://www.instagram.com/match/. This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram.
Any fraud or attempt by an Entrant or any other individual to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to cooperate in the prosecution of any such individual(s) to pursue all remedies to the fullest extent permitted by law. Sponsor reserves the right, in its sole discretion, to cancel or suspend the Contest in its entirety or any portion thereof if its integrity or proper operation is undermined, or because of any force majeure event and, in such case, to select the winner from the eligible entries received prior to cancellation or suspension.
11) Disputes: Except where prohibited, Entrant agrees that: 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 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 Illinois, City of Chicago, Illinois. 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 Contest shall be governed by, and construed in accordance with, the laws of the State of Illinois without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois.
12) Winners List: For the names of the Prize Winners, send a self-addressed, stamped, #10 envelope to: #OrderInToWin Winners List Request, GrubHub, 111 W. Washington, Suite 2100, Chicago, IL 60602. Winners Lists will be sent when the Promotion Period is over. Requests for Winners Lists must be received by March 13, 2016.
13) Sponsor: GrubHub Holdings Inc., 111 W. Washington St., Suite 2100, Chicago, Illinois 60602.
14) Copy of Official Rules: A copy of these Official Rules may be obtained upon request by emailing firstname.lastname@example.org.