NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
OPEN TO ELIGIBLE LEGAL RESIDENTS OF CALIFORNIA WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 18 YEARS OLD.
THIS SWEEPSTAKES IS NOT SPONSORED, ENDORSED, OR AFFILIATED BY INSTAGRAM.
“BAGELS FOR A YEAR” TO BE GIVEN AS $264.00 IN DOORDASH CREDITS REDEEMABLE THROUGH THE DOORDASH PLATFORM FROM ANY NOAH’S BAGELS LOCATION WITHIN DOORDASH’S THEN-CURRENT DELIVERY AREA.
Social Media Giveaway (the “Giveaway”) is open only to individuals who are eighteen (18) years of age or older at the time of entry and are legal residents of California. The following individuals are not eligible to enter or win a prize: employees, contractors, representatives, agents, directors, and officers of DoorDash, Inc. or Einstein Bagels (“Sponsor”) and any of their parents, subsidiaries, or affiliated companies, marketing agencies, and any other parties involved in the administration of the Giveaway (Sponsor, collectively with the foregoing, the “Giveaway Parties”) and each of the immediate family members of such excluded individuals (i.e., spouses, parents, children, siblings and the “steps” of each) and all persons living in the same household of each. By participating in this Giveaway, participants agree to be bound by these official rules (“Official Rules”) and by the decisions of the Sponsor in all matters relating to the Giveaway. Twitter or Instagram account must be a public account, and Tweet or Instagram post must be visible to @DoorDash. Winner must have or establish an active DoorDash account to redeem the prize.
2. Giveaway Period
The entry period for the Giveaway commences on August 16, 2017 at 12:00:00 PM Pacific Time (“PT”) and ends on or before August 23, 2017 at 11:59:59 PM PT (“Entry Period”). Sponsor’s computer is the official time keeping device for the Giveaway.
3. How to Enter
NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT OR PROOF OF PURCHASE IS NECESSARY TO PARTICIPATE.
During the Entry Period, Participants may make one (1) entry by posting a photograph showcasing their lifestyle in a creative way through the hole of a bagel on Instagram, tagging @DoorDash in the photo, and using hashtag #BringMeBagels.
- This is a skill-based contest and chance plays no part in the determination of the winner.
- The Submission, in its entirety, must be a single work of original material taken by the Contest entrant.
- The Submission must not, in the sole and unfettered discretion of Sponsor, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content.
- Each Submission must be the submitting entrant’s own, produced work and may not feature or focus on any material owned or controlled by third parties (unless the entrant can provide written documentation of permission to use any materials owned by a third party as set forth below or in a form and substance determined by Sponsor in its sole discretion).
- In the event a dispute regarding the identity of the individual who actually submitted a Submission cannot be resolved to Sponsor’s satisfaction, the affected entry may be disqualified.
- The entries will be judged in accordance with the Judging Criteria, as defined below.
Compliance with the entry requirements will be determined by Sponsor in its sole discretion. Submissions that violate, as determined by the Sponsor, in its sole discretion, these entry requirements or do not meet the submission deadlines will be disqualified from the Giveaway.
4. Winner Selection, Judging Criteria, and Notification
A panel of judges selected by Sponsor in its sole discretion will select one (1) winner from all eligible entries received during the Entry Period based on the following criteria: creativity (34%), photographic quality (34%), and genuineness and authenticity of the content (32%). There will be one round of judging. Sponsor will notify the winner by Instagram or phone number or email provided by mail-in entry. The winner will be notified and announced no later than August 24, 2017.
5. Prizes and Prize Claim
One (1) winner will win a “Bagel Bonanza” to be given as $264.00 in DoorDash credits redeemable through the DoorDash platform from any Noah’s Bagels location within DoorDash’s then-current delivery area. The Prize is not redeemable for cash and can only be used on the DoorDash Platform.
Winner is subject to verification, including verification of age and residency. Limit one (1) prize per winner. The prize is non-transferable and no prize substitution is permitted, except at the sole discretion of the Sponsor. If the prize cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute a prize with one of comparable or greater value. The winner is solely responsible for all federal, state, local, or other applicable taxes associated with the acceptance and use of the prize. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winner.
As a condition of receiving a prize, the winner must sign and return any documents requested by Sponsor, including but not limited to, an affidavit of eligibility and publicity/liability release. Failure to sign and return any requested documents by the specified return date will result in disqualification of the winner and the forfeiture of all interest in the prize. The winner will be issued an IRS Form 1099 in the amount of the actual retail value of the prize and must provide Sponsor with his/her valid Social Security Number or Taxpayer ID for tax reporting purposes.
Sponsor will pay for the cost of mailing the prize to the winner. The method of shipping and the carrier will be determined in the sole discretion of Sponsor. If the winner (i) is determined to be ineligible, (ii) fails to respond to the initial verification message within one (1) week of notification or after three (3) attempts (whichever occurs first), (iii) fails to provide a valid mailing address within one (1) week of receipt of notification regarding prize winning, or (iv) fails to sign and return all requested documents by the specified return date, the winner forfeits the prize in its entirety and an alternate winner will be announced based upon a random drawing of the other eligible entries received during the Entry Period.
Except where prohibited by law, winner’s acceptance of the prize constitutes the grant to Sponsor and its agents a worldwide of a royalty-free, non-exclusive and sub-licensable right and license to use, distribute, and publicly display the winner’s name, likeness, and the winning photograph in any way, at any time, in any and all media, including for use in advertising and marketing, without limitation, without any additional approval or consideration.
7. Limitation of Liability and Release
By participating in the Giveaway or accepting a prize, entrants agree that the Giveaway Parties are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete or delayed entries all of which will be void. Released Parties are also not responsible for problems related to unauthorized human intervention or for technical malfunctions of electronic equipment, computer online systems, servers, or providers, computer hardware or software failures, phone lines, traffic congestion on the internet or any website, or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled, or misdirected communications, which may prevent the receipt of an entry or otherwise limit an entrant’s ability to participate in this Giveaway. Released Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Giveaway, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Giveaway, the processing of entries, the announcement of the prize or in any Giveaway-related materials. As a condition of entering, entrants agree (and agree to confirm in writing if requested by Sponsor) that to the fullest extent permitted by applicable law: (a) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, indirect, special, exemplary, or consequential damages and (b) that any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
8. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Sponsor’s Reservation of Rights
If the Giveaway is not capable of running as planned for any reason, including without limitation, due to a force majeure event or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Giveaway, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process or otherwise acts in violation of these Official Rules, and to cancel, modify, or terminate the Giveaway. In the event of cancellation, Sponsor reserves the right to award the prizes in its discretion based on all eligible, non-suspect entries received prior to cancellation. In the event that an entry is confirmed to have been erroneously deleted, lost or destroyed, entrant’s sole remedy shall be another entry into the Giveaway.
10. Governing Law and Jurisdiction
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules. By entering, you consent to the jurisdiction and venue of the state and local courts located in San Francisco County, California and the federal courts located in the [Northern District of California] for the resolution of all disputes, and agree that any and all disputes shall be resolved exclusively in those courts. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
Any personally identifiable information collected during an entrant’s participation in the Giveaway will be collected by Sponsor or its designee and used by Sponsor for the proper administration and fulfillment of the Giveaway and as otherwise described in these Official Rules.
12. Winner’s List
For the name of the winner, send an email to firstname.lastname@example.org. Requests must be received no later than sixty (60) days after the end of the Entry Period.
901 Market Street, Suite 600
San Francisco, CA 94103