DELIVERY.COM #PicnicDelivered CONTEST
OFFICIAL RULES
To enter the delivery.com #PicnicDelivered Contest (“Contest”), you must agree to and abide by these Official Rules. By submitting an entry, you are indicating that you have read, understood and fully agree to these Official Rules. The Contest is one of skill in which a participant submits a creative and original photograph on the delivery.com Twitter feed and/or participant’s Instagram feed and will be judged by a panel of judges.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Sponsor: Delivery.com, LLC, 199 Water Street, 23rd Floor, New York, NY 10038 (“Sponsor”). This Contest is in no way sponsored, endorsed or administered by, or associated with Twitter or Instagram.
Eligibility: No purchase necessary. No entry fee and no proof of purchase necessary to participate in this Contest. The Contest is open only to individuals who, at the time of entry: (a)are delivery.com account holders of legal age of majority or older in their jurisdiction of residence (and at least eighteen (18) years of age); (b) are legal residents of the 50 United States and the District of Columbia (the “Residence Area”); (c) are the holder of either (i) an active, valid and public Twitter account and follow the delivery.com Twitter page at @deliverydotcom; or (ii) an active, valid and public Instagram account and follow the delivery.com Instagram feed at @deliverydotcom; and (d) have access to Internet and have not purchased Internet service in order to participate to this Contest. Membership on Twitter and Instagram is free, and registration for a Twitter account or an Instagram account can be respectively obtained by logging on to http://twitter.com or http://instagram.com and following the onscreen instructions to create an account. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six (6) months, performed services for Sponsor, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest or supplying the prizes, and/or their respective parent, subsidiary, affiliated and successor companies (collectively, the “Contest Entities”), and immediate family and household members of such individuals, are not eligible to enter. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three (3) months a year, whether related or not. Contest is offered only intheResidence Area. Void outside Residence Area and where prohibited or restricted by law, rule or regulation.
Contest Period: The Contest begins on or about 12:00 p.m. ET on July 19, 2014and ends on or about 11:59 a.m. ET on September 1, 2014 (the “ContestEntry Period”). Sponsor’s computer is the official timekeeping device for purposes of this Contest.
How to Enter: To enter, every day during the ContestEntry Period, take an original photograph of the picnic delivery you received from delivery.com in Central Park and share it with the hashtag #picnicdelivered and the nametag @deliverydotcom on your Twitter feed and/or Instagram feed during the Contest Entry Period. Eligible participants must do the following:
(a)take an original digital photograph of the picnic delivery they received from delivery.com in Central Park; and
(b) either:
(i)submit photograph using the Twitter application with the hashtag #picnicdeliveredand the nametag @deliverydotcom in the caption (and not in a comment to a tweet), and/or
(ii) submit photograph using the Instagram application by using the hashtag #picnicdelivered and the nametag @deliverydotcom in the caption (and not in a comment to an uploaded image). Only publicly viewable Instagram images containing the hashtag#picnicdeliveredwill be considered valid. (each, an “Entry”).
Participants are not permitted to submit an Entry on behalf of another individual or using another individual’s Twitter or Instagram account. Participants found to use multiple Twitter or Instagram accounts to enter the Contest will be ineligible. Participants posting duplicates or near duplicates, updates or links in violation of the Twitter Rules or the Instagram terms and conditions will be ineligible. Limit one (1) Entry per day per person or household. Participant must comply with the terms of service, rules and policies that are respectively available on twitter.com and instagram.com. Participants are required to indicate that they have read, accept, and agree to be bound by these Official Rules. Entries must not include personal information (i.e., your name, email address or phone numbers). It is the participant’s sole responsibility to remove all such personal information from the Entry before submitting it. Participants are prohibited from posting, uploading or otherwise submitting any information, data, content, image and/or material that infringes on or violates any copyright, patent, trademark, trade secret, or misappropriates any proprietary right, of another (including intellectual property, publicity and privacy rights).
Important note: If your Twitter account is set to “protected mode,” your updates/responses may not be visible in Sponsor’s @deliverydotcom inbox and may not thus be received by Sponsor unless you previously consented to permit Sponsor to see your Twitter updates. @deliverydotcom messages not received by Sponsor will not be entered into the Contest.
You may be asked to consent to receive promotional e-mails and reminder e-mails from Sponsor. Consenting to receive promotional or reminder e-mails is optional and does not have to be agreed upon in order to be eligible to participate in the Contest and does not improve your chances of winning. In the event you do consent to receive these e-mails, the use of such e-mails shall be subject to the privacy policy of www.delivery.com and you may opt out of receiving these e-mails at any time.
If you opt to access the Twitter or Instagram platform via your wireless mobile device, data rates and other charges may apply. Check your wireless plan or contact your wireless service provider for more information. Mobile device service may not be available in all areas. Check your phone’s capabilities for specific instructions.
Selection of Winner/Judging Criteria: One prize winner will be selected every day from among all eligible Entries received on the immediately preceding day during the Contest Entry Period. Eligible Entries will be judged and selected by a panel of judges appointed by Sponsor, including representatives of Sponsor, based on the following criteria:
(a) relevance to theme (50%); and
(b) creativity (50%).
In the event of a tie, an additional judge acting as a tiebreaker will re-judge the Entries involved in the tie and select the prize winner based on the same criteria. Decisions of the judges and Sponsor are final and binding on all matters related to the Contest.
Prizes, Approximate Retail Value (“ARV”):
PRIZE (1 winner per day, 45 winners total): Each winner will receive a $5 delivery.com gift card.
Approximate Retail Value of each Prize: US$5.00.
Total Approximate Retail Value of all Prizes: US$225.00.
Gift cards are subject to the terms and conditions indicated thereon. Taxes, if any, are the sole responsibility of the winner. Sponsor reserves the right to substitute in its sole discretion any prize with another prize of equal or greater value. No other substitution, cash equivalents, or transfer of prize except with Sponsor’s permission or where required by law. Prizes will only be delivered to address within the United States. Limit of one (1) prize per person or household.
Winner Notification: Potential daily Prize winners will be notified via Twitter Direct Message or Instagram Direct Message, as applicable, by Sponsor from the @deliverydotcom Twitter handle and the @deliverydotcom Instagram handle every day from July 20, 2014 through and including September 2, 2014. Potential winners will be responsible for contacting Sponsor to claim their prize within seventy two (72) hours of the winner notification. Unclaimed prizes will not be awarded. Potential winners may be required to sign and return within specified time period an Affidavit of Eligibility, Release and Indemnification, and a Publicity Release where allowed by law (collectively, the “Prize Claim Documents”). In the event that a potential winner cannot be contacted or fails to respond within a reasonable time period or fails to return the Prize Claim Documents to Sponsor within specified time period, such potential winner will be disqualified. If a potential winner is disqualified for any reason, at Sponsor’s discretion, the prize will be awarded to the eligible entrant with the next highest score.
Conditions of Participation: By entering, participants agree to be bound by these Official Rules including all eligibility requirements and the decisions of the Sponsor and judges, which are final and binding. Subsequent Entries (for example retweets) submitted by the same person or same Twitter account or Instagram account, as applicable, in excess of the stated limitation for the Contest Entry Period will be void. Anyone found to be using multiple accounts to enter will be ineligible. Entries that are submitted by script, macro or other automated means (such as harvesting bots, robots, spiders or scrapers) and/or Entries that subvert the Entry process by any means will be void. All Entries become the property of Sponsor and will not be returned. Incomplete Entry submission or Entry submissions not complying with these Official Rules are subject to disqualification, at the Sponsor’s sole discretion. If a dispute arises as to the identity of a participant, an Entry will be deemed made by the authorized account holder of the Twitter ID or Instagram ID, as applicable, from which the Entry was submitted. For these purposes, the “authorized account holder” is the natural person assigned to the Twitter ID or Instagram ID, as applicable, from which the Entry was submitted. By entering, participants acknowledge and agree that any and all Entries in connection with this Contest are submitted on a non-confidential and non-proprietary basis and may be used by Sponsor, its agents and subsidiaries, for any and all advertising and promotional purposes including (but not limited to) in connection with this Contest, in perpetuity, worldwide, in any media now known or hereafter developed. By entering, entrants also authorize the Sponsor to use their name, voice, likeness, image, photograph, prize information (if applicable), biographical data and city and state of residence in programming, advertising and/or promotional materials and/or on a winner’s list (if applicable) without compensation to the extent permitted by law. Sponsor is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without obligation or compensation to the extent permitted by law.
Representations and Warranties: Each participant represents and warrants that: (a) that he/she is the original author and owner (or represents and warrants that the owner of such rights has expressly granted any and all rights to the participant for use by Sponsor as set forth herein, and has written documentation to provide to Sponsor evidencing such rights) of any and all Entries posted, uploaded, or otherwise submitted by him/her (for the avoidance of doubt, modifying, enhancing or altering a third party’s pre-existing work does not qualify as the participant’s original creation); (b) any such Entries will not, in Sponsor’s sole discretion, infringe or violate any copyright, patent, trademark, trade secret or rights of publicity or privacy, or misappropriate any proprietary right, of any third party; (c) any such Entries is not the subject of any actual or threatened litigation or claim; (d) any such Entries will not disparage Sponsor, its products and/or services or any other person or entity; and (e) any and all Entry material is/are not defamatory, obscene, offensive, libelous, violent, pornographic, threatening, abusive, contains illegal content, would not constitute or encourage a criminal offense, or that would otherwise give rise to liability or violate any law or depict anyone engaged in any illegal, immoral or lewd act, or is otherwise objectionable as determined by Sponsor. Sponsor reserves the right, at its sole discretion, to remove any Entry that the Sponsor feels is inappropriate, objectionable and/or inconsistent with the positive image and/or good will it wishes to create through this Contest. Sponsor further reserves all rights, including the right to edit, publish, use, adapt, modify, or dispose of any Entry, proper names, likenesses, and photographs for advertising and promotional purposes in all media (including, but not limited to, the internet) without additional compensation, except where prohibited by law. Each participant acknowledges that nothing herein shall constitute an employment, joint venture, or partnership relationship between him/her and Sponsor. In no way is a participant to be construed as the agent or to be acting as the agent of Sponsor in any respect.
Limitations of Liability: By participating in this Contest, entrants agree to release and hold harmless the Contest Entities, Twitter, Inc., Instagram, LLC as well as each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage of any kind arising in any manner, directly or indirectly, from participation in this Contest and/or acceptance, receipt, possession or use/misuse of the prize. This limitation of liability is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages, loss of data, income or profit, loss of damage to property, and claims of third parties. Sponsor makes no representations or warranties in connection with the prizes. All entries become the property of the Sponsor and acknowledgement of receipt of entry does not constitute representation of eligibility of entry for selection. Released Parties are not responsible for entries that are lost, delayed, stolen, undelivered, incomplete, garbled, damaged, misdirected, or fail to enter into the system, or are processed, reported, or transmitted late or incorrectly, or for any other errors or problems of any kind, whether typographical, printing, mechanical, human, electronic, or otherwise, relating to or in connection with this Contest, including, without limitation, any error or problem that may occur in connection with the administration of this Contest, the processing of Entries, the announcement of prizes, or in any Contest-related materials. Entries that have been tampered with or altered are void.
General: Sponsor will collect information from the participants solely for the purpose of this Contest and to notify potential winners. Such information shall be subject to the privacy policy of www.delivery.com. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest, in whole or in part, at any time without notice and for any reason, including if in the judges’ opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Contest, or if virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness, or integrity and proper play of this Contest.
Governing Law: Contest subject to the laws of the United States only. All federal, state and local laws and regulations apply. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Released Parties in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to the conflicts of law principles thereof, and any action brought in relation to this Contest shall be brought in a Federal or State court in New York County, New York State. Each entrant hereby irrevocably consents to the jurisdiction of such courts and waives any claim or defense that such forum is not convenient or proper. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify any and all participants who violate these Official Rules and/or interfere with this Contest in any manner. If a participant is disqualified, Sponsor reserves the right to terminate that participant’s eligibility in this Contest.
Winners List: To receive the names of the prize winners, mail a self-addressed, stamped envelope to: “delivery.com #PicnicDelivered Contest Winners”, c/o Delivery.com, LLC, 199 Water Street, 23rd Floor, New York, NY 10003, no later than within six (6) months after the end of the Contest Entry Period.
delivery.comTM is a trademark of Delivery.com, LLC. Other designated trademarks are the property of their respective owners.
All materials ©2014 Delivery.com, LLC, unless otherwise noted. All rights reserved. Please read our Privacy Policy. Participants may copy these Official Rules for the sole purpose of personal use and not for any commercial purpose whatsoever.