Seamless Foodiversary Social Contest Official Rules

CONTEST OFFICIAL RULES

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE ENTRANT’S CHANCES OF WINNING. VOID WHERE PROHIBITED.

1.) Eligibility: The Foodiversary Contest (the “Contest” is open only to current US residents who are 13 years or older. GrubHub Holdings Inc. d/b/a Seamless (“Seamless” or “Sponsor”) staff and their immediate family members (parents, children, spouses, siblings) and members of the same household are not eligible to accept prizes. The Contest and entrants’ participation is subject to Sponsor’s Terms of Use (http://www.seamless.com/business/conditions.html) and Privacy Policy (http://www.seamless.com/business/privacy.html), which are incorporated as part of these Official Rules.  The Contest is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant’s (“Entrant”) full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein and Sponsor verification. 

2.) Data CollectionBy entering the Contest Entrant consents to all the necessary rights for the data collection, sharing and use resulting from Entrant’s participation in the Contest, and as provided in Sponsor’s Privacy Policy. 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.  

3.) Promotion Period: The Contest begins on the 1st of each calendar month at 12:00:00 a.m. Eastern Time (ET) and ends on the last day of the same calendar month, at 11:59:59 p.m. ET (the “Promotion Month” or as it applies to an Entrant, an “Anniversary Month”). The “Promotion Period” shall include twelve consecutive Promotion Months, commencing November 1, 2014, and ending November 30, 2015. Sponsor’s computer is the official time-keeping device for the Contest.

4.) How to Enter: To enter the Contest, you must create and post a text, photo, or video submission to the Seamless Facebook Page or @Seamless Twitter Page using the hashtag #SeamlessMemories, during your Anniversary Month (your “Submission”). All Seamless diners will be invited, via email, to participate in this Contest on their Seamless Anniversary. Sponsor’s record of your Anniversary will be the official record for the Contest. You must have a Facebook or Twitter account to participate in this Contest. There is no purchase required to register for an account. To accept your Submission, your account and/or post on Facebook or Twitter must be public; otherwise, we won’t be able to see your post. Each individual may only win one (1) Prize in any given 12-month period, under this Contest.

For your Submission to be eligible, your post must: (1) be shared publicly on Facebook or Twitter, and it must remain public during the Promotion Month; (2) contain text, photo, and/or video that clearly demonstrates the theme: what is your best Seamless memory?; and (3) the copy must contain the hashtag #SeamlessMemories. Submission restrictions are detailed below.

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 “Seamless”, (including but not limited to any third party corporate logos, brand names and slogans). Video may include the Seamless trademark but only for the limited purpose of entering the Submission in the Contest. Use of the Seamless trademark is not required. 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. 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. 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. 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 Entrant if it deems a username, profile information or any portion of Entrant’s tweets to be offensive in any form, as determined in Sponsor’s sole discretion.

Notwithstanding the foregoing, if, in the opinion and sole and absolute discretion of Sponsor, any Submission 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 Submission. 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. Entry is limited to one Submission per person per applicable Anniversary Month.

5.) Contest Judging and Selection of Winners.  After each Promotion Month, the Submissions will be judged by a qualified panel of judges (the “Judges”), who will evaluate each Submission based on the following criteria: (i) representation/spirit of the Seamless brand; (ii) creativity and originality; and (iii) expression of the Contest theme: (collectively, the “Criteria”).

The judges will review all qualified Submissions and will select one (1) winner each Promotion Month (individually a “Winner” and collectively, “Winners”). Decisions of judges are final binding. In the event there are not enough eligible Submissions, not all prizes will be awarded. If a potential Winner is unable for whatever reason to accept his or her prize, then Sponsor reserves the right to award the prize to another Entrant. Submission eligibility is subject to the verification of Sponsor, and in the event that a top-judged Submission is disqualified, an alternate Winner will be selected from among all eligible Submissions.

6.) Notification of Winners.  At the conclusion of each Promotion Month, a Winner will be chosen by the panel of judges, and posted on the Seamless social media accounts (Twitter: http://twitter.com/seamless; and Facebook: http://facebook.com/seamless). If you are a chosen Winner, we will contact you directly via the social media channel to which you posted your Submission. If we do not get a response from you within 48 hours of our initial reach out, we reserve the rescind the offer of a prize to you, and to award the prize to the runner up. In no event shall Sponsor award more than the stated number of prizes. Becoming a Winner is subject to validation and verification of eligibility and compliance with all the terms and conditions set forth in these Rules. 

Except where prohibited by law, each Winner 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 fax (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 finalist/winner will be deemed to have forfeited the prize and another Winner may be selected.

A Winner shall be announced no later than four (4) days following the conclusion of each Promotion Month.

7.) Prizes. One (1) Winner shall be awarded a $200 prize in the form of 20 ten dollar Seamless discount codes, in each Promotion Month (hereinafter “Seamless cash” also, the “Prize”). In the twelve (12) Promotion Months that make up the Promotion Period, Seamless shall award twelve (12) Winners a Prize. The total approximate retail value (“ARV”) of all prizes is approximately $2,400

Limit one (1) Prize per Entrant. Certain restrictions may apply. 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. Sponsor has not made and is not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the Prizes.

8.) 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.

9.) Release. BY PARTICIPATING OR ACCEPTING A PRIZE, ENTRANTS RELEASE AND AGREE TO HOLD HARMLESS THE SPONSOR, CONTEST PARTNERS, PRIZE SUPPLIERS, FACEBOOK®, TWITTER® 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 PRICE, PARTICIPATION IN THIS, 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 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 submission process or the Contest; (4) technical or human error which may occur in the administration of the Contest 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.  

11.) 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. Entry of a Submission grants Sponsor and its agents the right in perpetuity to reproduce, publish, use, edit, adapt and/or modify such Submission 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 submission 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. 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. 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 or modification of this Contest will be posted at https://www.facebook.com/seamless

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.

12.) 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 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 Contest 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. 

13.) Winners List: For the name of the Prize Winner for a specified Promotion Month, send a self-addressed, stamped, #10 envelope to: Seamless Foodiversary Request for Winner, GrubHub Holdings Inc., 1065 Avenue of the Americas, 15th Floor, New York, NY 10018. Responses will be sent after each Promotion Month is over. Requests for Winners must be received by within 30 days of the conclusion of the specified Promotion Month. 

14.) SponsorGrubHub Holdings Inc. d/b/a Seamless, 1065 Avenue of the Americas, 15th Floor, New York, NY 10018.

15.) Copy of Official RulesA copy of these Official Rules may be obtained upon request by emailing help_me@grubhub.com.