DINEINFRESH, INC. (D/B/A PLATED) PLATED FOODERANG CONTEST
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.
NO PURCHASE NECESSARY TO ENTER OR WIN IN THE FOODERANG CONTEST (THE "CONTEST"). THE CONTEST SHALL BE CONSTRUED AND EVALUATED ONLY IN ACCORDANCE WITH THE APPLICABLE LAWS OF THE UNITED STATES. VOID IN PUERTO RICO AND US TERRITORIES. THE CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM®.
Entry into the Contest constitutes your acceptance of these Official Rules.
CONTEST ENTRY DATES: The Contest begins August 15, 2016, at 8:00 AM Eastern Time (“ET”) and all entries must be submitted by August 26, 2016, at 11:59 PM ET (the "Contest Entry Period"). Sponsor’s (as defined below) computer is the official time-keeping device for the Contest.
WHO MAY ENTER: The Contest is open to all legal residents of the continental United States and the District of Columbia only (void where prohibited), 18 years of age and older (or at least the age of majority in their jurisdiction of residence), who have an active Instagram account (“Entrant”). To become a registered user of Instagram, please visit www.instagram.com.
Employees and their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside, or those living in the same households, whether or not related) of the Contest Parties (as defined below) and their affiliates, subsidiaries, prize suppliers, distributors and advertising and promotion agencies are not eligible to enter the Contest.
CONTEST ADMINISTRATOR/SPONSOR; DineInFresh, Inc. d/b/a Plated (the “Sponsor”). PRIZE PROVIDER: Sponsor and De’Longhi America, Inc.
HOW TO ENTER: During the Contest Entry Period, an Entrant must post an original video made using the Boomerang app (a “Boomerang”) (or tag an original Boomerang posted no earlier thanAugust 15, 2016) of a food or a meal (in any stage of preparation) to Instagram with both the #fooderang and #platedxspoonucontest hashtags and Entrant must also follow both @plated and @spoonuniversity (an “Entry”). Any Entry that does not include the #fooderang hashtag, #platedxspoonucontest hashtag and where the Entrant has not followed both @plated and @spoonuniversity will not be considered for entry into the Contest. In order for an Entry to be valid, the Entrant’s Instagram profile must be public and viewable by the Sponsor and its agents. Multiple Entries allowed. Mass Entries that the Sponsor deems, in its sole discretion, to be fraudulent or Entries generated by a script, macro or use of automated devices will be disqualified. For purposes of these Official Rules, "receipt" of an Entry occurs when Sponsor’s servers record the Entry information. Once an Entry has been submitted, it may not be changed, altered or modified. Message and data rates may apply to any Instagram posts. The winner will be selected by Sponsor, based on content, photo quality, and composition.
PERMISSIONS & LICENSES; REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION: Each Entrant, by submitting an Entry, (i) grants Sponsor, its agents and licensees, the irrevocable, sublicenseable, royalty-free right and license to reproduce, publish, transmit, distribute, create derivative works from and otherwise use any and all photographs and other content contained in the Entry (the “Content”), as well Entrant’s image or likeness as reflected therein and Entrant’s name and/or biographical information in association with the photograph, for marketing, public relations or other promotional purposes, in perpetuity, throughout the world, in all media and formats now or later known or developed, without further notice or compensation therefor; (ii) represents and warrants that the Entrant has full power and authority to submit the Entry and owns or otherwise controls all rights, titles and interests in and to the Content (subject to the rights expressly granted to Sponsor above); and (iii) shall be solely liable for any damages resulting from any alleged or actual infringement of any intellectual property or other proprietary rights or rights of privacy or publicity of any third party resulting from any Entry or Content submitted by Entrant and indemnifies Sponsor for and against any and all such liability and damages.
Entrant represents and warrants that their Entry is the original work of Entrant, has not been previously published, has not won previous awards, and does not infringe on the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity and must have been created in a legal and safe manner. If the Entry contains any material or elements that are not owned by the Entrant or provided by the Sponsor, and/or are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the Entry, any and all releases or consents necessary to permit the use and exhibition of the photo/video by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person who appears in or is identifiable in the photo/video (collectively, the “Clearances”).
Released Parties (as defined below) are not responsible for any unauthorized use of any Entry by third parties. Sponsor does not
To be eligible for the Contest, an Entry may not: include photos with watermarks or other overlaid text or images; be inappropriate, offensive or obscene or endorse any form of hate or hate group(s); defame, misrepresent or contain disparaging remarks about other products, people or companies; contain trademarks, logos or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, or advertise or promote any brand or product of any kind other than Sponsor’s, or contain any personal identification such as personal names, e-mail addresses or street addresses; infringe any copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media); contain materials embodying the names, likenesses, photographs or other indicia identifying any person other than the Entrant, unless Entrant has obtained all necessary Clearances as outlined above; communicate messages or images inconsistent with the positive image and/or goodwill to which Sponsor wishes to associate; or depict or be in violation of any law.
Sponsor reserves the right to disqualify any Entry that does not comply with these Official Rules in its sole discretion.
SELECTION OF WINNERS: Following the expiration of the Contest Entry Period, one (1) winner will be selected based on content, Boomerang quality, and composition (“Winner”). Judging will be based on the following criteria: (i) content – 60%; (ii) Boomerang quality – 20%; and (iii) composition – 20%. All decisions of Sponsor and the judges are final and binding on all matters.
WINNER NOTIFICATION: The potential winners of the Contest will be notified on or about 1pm ETon September 2, 2016 by direct message on Instagram. Each potential winner must respond within 48 hours from the time Sponsor sends such notification or he/she will be disqualified and a new potential winner may be selected in accordance with these Official Rules. In the sole discretion of Sponsor, a potential winner may also be disqualified for any of the following reasons: (i) if Sponsor believes that a potential winner has (x) tampered with the entry or voting process or has undermined the legitimate operation of the Contest by cheating, hacking, deception or other unfair practices, or (y) engaged in conduct that annoys, abuses, threatens or harasses any other Entrant, or any representative of the Contest parties; or (ii) if such Entrant is not eligible based on the eligibility requirements set forth in these Official Rules or has otherwise violated these Official Rules. In the event it is determined that a potential winner has not complied with these Official Rules, has failed to execute and return any required documents within the specified time period, has made false statements or a prize notification is returned as undeliverable, then such potential winner will be disqualified. Should any potential winner make any false statements in any document required by Sponsor or the Prize Providers, such potential winner will be disqualified and required to promptly return to Sponsor his/her prize.
PRIZES AND APPROXIMATE RETAIL VALUE: Three (3) Winners total (one (1) Grand Prize Winner and two (2) second place Prize Winners (as defined below)). The grand prize shall consist of one (1) Kenwood Blender, (1) Kenwood 7qt Stand Mixer, (1) Kenwood Stand Mixer Ice Cream Attachment, (1) Kenwood Stand Mixer Dicer Attachment (the “Grand Prize”). Limit to one per person. Total Approximate Retail Value (“ARV”) of the Grand Prize is $1,296.00 USD. Second place prizes shall consist of (1) Plated gift card and shall be given to two (2) winners (each, individually, a “Prize”). Limit one Prize per person. The ARV of each Prize is $120 USD. The Grand Prize and Prizes will be shipped to Winners within two weeks of receipt of the necessary contact information. No substitution, transfer or cash equivalent is permitted, except that Sponsor may substitute a prize of equal or greater value. Winners are solely responsible for all federal, state, and local taxes and other fees, costs and expenses associated with prize receipt, regardless of whether the prize is used in whole or in part. All prize details are at the sole discretion of Sponsor.
Prizes are awarded "as is" with no warranties or guarantees, either express or implied, by Sponsor. A winner is not guaranteed a prize unless and until he/she has been verified as an eligible winner by Sponsor in accordance with these Official Rules. From and after delivery/payment of a prize to the winner, such winner assumes full responsibility for the prize.
GENERAL CONDITIONS: Winning constitutes permission (except where prohibited by law) to use a Winner’s Entry, name, hometown, likeness, prize won and photograph (all in Sponsor's sole discretion) for future advertising and/or publicity in any and all media now or hereafter devised throughout the world in perpetuity, without additional compensation, notification or permission. Instagram, as well as the Contest Parties and their respective officers, directors, agents, representatives and employees (collectively, the "Released Parties") are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete or delayed Entries, all of which will be void. The Released Parties are also not responsible for problems uploading or downloading any Contest related information or materials from the website or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, computer hardware or software failures, phone lines, failure of any Entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the website, or for any other technical problems including, without limitation, telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an Entrant's ability to participate in the Contest. The 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 Contest, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Contest, the processing or judging of Entries, the announcement of the prizes or in any Contest related materials. Sponsor reserves the right to modify, suspend or terminate the Contest in the event it becomes infected by a computer virus or is otherwise technically impaired, and to cancel or suspend the Contest in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security, fairness, integrity or proper play of the Contest and, if terminated, in Sponsor’s sole discretion, determine the winner using all non-suspect, eligible Entries received up to the time of cancellation using the judging procedure outlined above. In the event of a dispute regarding Entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of receipt of the Entry will be deemed to be the Entrant and must comply with these Official Rules. An authorized subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider or other organization responsible for assigning e-mail addresses. Sponsor reserves the right, in its sole discretion, to disqualify any individual (and void his/her Entry) found to be tampering with the Entry process or the operation of the Contest or website, intending to annoy, abuse, threaten or harass any other Entrant, Sponsor, any Contest Party or any of their respective representatives or to otherwise be acting in violation of these Official Rules.
Any attempt by an Entrant to deliberately damage any website or undermine the legitimate operations of the Contest may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek any equitable or legal remedies available to it from any such Entrant to the fullest extent permitted by law and to disqualify such Entrant from the Contest.
MISCELLANEOUS CONDITIONS: By submitting an Entry, Entrant agrees to be bound by (i) these Official Rules, including all eligibility requirements, and (ii) the decisions of Sponsor, which decisions will be made in the sole discretion of Sponsor and are final and binding in all matters relating to the Contest. Failure to comply with these Official Rules may result in disqualification from the Contest in the sole discretion of Sponsor.
RELEASES: By entering the Contest, Entrant agrees to release and hold harmless the Released Parties from all claims, liabilities, judgments, actions, demands, liabilities, costs, expenses or damages of any kind arising out of or relating to, in whole or in part, directly or indirectly, participation in this Contest or acceptance or use of any prize or the substitution of any prize by Sponsor in accordance with these Official Rules, the administration of the Contest, the operation of the web site or the Released Parties' use of any of the rights granted herein. The Released Parties assume no responsibility for the conduct of any Entrant.
DISPUTE RESOLUTION: Except where prohibited by law, as a condition of participating in the Contest, Entrant agrees that any and all disputes and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved in accordance with the Dispute Resolution Provisions set forth in Sponsor’s website Terms and Conditions at https://www.plated.com/terms.
WINNERS LIST: If you would like the Winner’s name (available after September 15, 2016), please send a self-addressed stamped envelope by December 1, 2016 to: Fooderang Contest, Contest Winner, Plated, 22 W 19th St, Floor 5, New York, New York 10011. Any questions, comments or complaints regarding the Contest should be directed to Sponsor at firstname.lastname@example.org.