The Eat Just, Inc. Holiday Sweepstakes Official Rules
VOID OUTSIDE OF THE UNITED STATES & WHERE PROHIBITED
No purchase necessary to enter or win.
SPONSOR: The Eat Just, Inc. Holiday Sweepstakes (the “Sweepstakes”) is sponsored by Eat Just, Inc., located at 300 Wind River Way, Alameda, California 94501 (“Sponsor”). This Sweepstakes is not sponsored, endorsed, or administered by Maplebear, Inc. dba Instacart or its related products.
BINDING AGREEMENT: By entering or attempting to enter this Sweepstakes, participants (“Participants”) agree to abide by all terms of these Official Rules, applicable social media terms and to be bound by the decisions of the Sponsor. All federal, state, and local laws apply. Failure to comply with the above may result in disqualification.
ENTRY PERIOD: Entries must be made between 10:00 am Pacific Standard Time (PST) on Wednesday, November 22 and 10:00 am PST on Friday, December 8, 2023 (the “Entry Period”). The Sponsor’s computer system is the official timekeeping device concerning all matters relating to the Sweepstakes. PST means the time in California on the dates in question.
ELIGIBILITY: Open to all legal United States residents age 18 years or older. Employees, officers, directors, agents, or other Sponsor representatives, members of their immediate families, and persons living in the same household are not eligible.
HOW TO ENTER: Eligible entrants (“Entrants”) may enter by online form, by submitting their email address in the entry form on the JUST Egg’s website.
LIMIT: Each Entrant can earn a maximum of one (1) Entries per email address submitted.
INTELLECTUAL PROPERTY RIGHTS: As between the Sponsor and the Entrant, the Entrant retains ownership of all intellectual and industrial property rights (including moral rights) in and to the doodle (excluding the Sponsor’s rights in the JUST logo/trademark). As a condition of entry, Entrant grants Sponsor a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display the doodle for any purpose, including display on the Sponsor’s website, without any attribution or compensation to Entrant. Entries will not be returned. Sponsor retains all rights in Sponsor’s products and services, and entry into this Sweepstakes will in no case serve to transfer any Sponsor intellectual property rights to the Entrant.
WINNER SELECTION & NOTIFICATION: On or about December 8, 2023, one (1) potential prize winner (“Potential Winner”) will be selected in a random drawing. Potential Winner will be notified via e-mail to the e-mail address they entered the Sweepstakes within three (3) days following the winner selection. Sponsor shall have no liability for a Potential Winner's failure to receive notices due to Potential winners' spam, junk e-mail, or other security settings or for Potential Winners' provision of incorrect or otherwise non-functioning contact information. Each Potential Winner must respond to the winner notification message and fulfill any additional requirements contained in the winner notification message, potentially including signing and returning an Affidavit of Eligibility and Liability and Publicity Release (“Release”) to Sponsor within three (3) days of receipt. Upon satisfaction of these requirements, the Potential Winner will be declared the Winner. In the event that Sponsor is unable to contact a Potential Winner within three (3) days of its first attempt, or a Potential Winner does not comply with all requirements in the winner notification message within the timeframe stated, Sponsor will disqualify that Potential Winner and award the Prize to another eligible Entrant (a “Replacement Potential Winner”) selected at random from among all remaining timely submitted, eligible Entries received. The Replacement Potential Winner must comply with all the requirements of this paragraph and the winner notification message in the same timeframes as if they had been selected as the disqualified Potential Winner or be disqualified in the manner set forth in this paragraph, in which case additional Replacement Potential Winner(s) will be selected in the same manner as set forth in this paragraph, until the Prize is awarded. Odds of winning depend on the number of eligible Entries received.
PRIZE: One (1) grand prize consisting of a $200 Instacart gift card will be awarded (the “Prize”). The approximate retail value of the Prize collectively totals $200.00 USD. Prizes may not be exchanged or redeemed for cash, sold, or traded. No Prize transfer, assignment, or substitution by Winner(s) is permitted. Sponsor reserves the right to substitute a Prize, in which case a prize of equal or greater value will be awarded. Winner(s) will be solely responsible for all local, state, and federal taxes, as well as any license and registration or other fees incurred by participation in the Sweepstakes, including but not limited to transportation costs, gratuities, and other items of an incidental nature. The value of the Prize may be taxable as income, and each Winner is solely responsible for any taxes relating to the Prize received, including, but not limited to, all applicable federal, state, and local taxes if applicable. Each Winner will be required to provide their social security number. Sponsor will report any individual winnings over $600 (in cash or fair market value of goods or services) in one year to the Internal Revenue Service. Winner(s) will receive a Form 1099 from Sponsor if Sponsor reports any winnings to the Internal Revenue Service.
DISQUALIFICATION: Sponsor, in addition to all other available rights and remedies, reserves the right in its sole discretion to disqualify from this Sweepstakes any Entrant permanently it believes has attempted to undermine the legitimate operation of the Sweepstakes by violating the Official Rules, cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other entrants or Sponsor.
WARRANTY AND INDEMNITY: Entrants warrant that their Entry is their original work and does not (a) infringe any third-party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights, or any other rights, including without limitation, copyright, trademark, trade names, industrial designs, patent, trade secret, privacy, publicity, or confidentiality obligations; or (b) otherwise violates applicable state, federal, or local law. To the maximum extent permitted by law, Entrant indemnifies and agrees to keep indemnified Sponsor from and against any liability, claims, demands, losses, damages, costs, or expenses (including reasonable attorney fees).
RELEASE OF LIABILITY: As a condition of entering the Sweepstakes, all Participants agree to RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Eat Just, Inc., JUST Egg, Maplebear, Inc. dba Instacart and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the “Released Parties”), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Sweepstakes, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Furthermore, the Participant expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of the State of California, understanding and acknowledging the significance and consequence of such specific waiver of Section 1542. Section 1542 of the Civil Code of the State of California states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Participant expressly acknowledges that this release is intended to include, in its effect, without limitation, all claims that Participant does not know or suspect to exist in Participant’s favor at the time of execution hereof and that this release contemplates the extinguishment of any such claim or claims. Participant acknowledges and agrees that this general release is intended to be as broad and comprehensive as California law permits.
DISPUTES; GOVERNING LAW: By entering this Sweepstakes, Entrant agrees that all matters arising out of or relating to this sweepstakes and these Official Rules are governed by, and construed under, the laws of California, without giving effect to any of its conflict of laws provisions thereof. Entrant further agrees that any legal suit, action, or proceeding arising from or relating to this sweepstakes and these Official Rules shall be brought exclusively in the applicable federal or state courts in San Francisco, California. ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES OR ANYTHING AWARDED IN CONNECTION WITH THE SWEEPSTAKES WILL BE RESOLVED INDIVIDUALLY WITHOUT RESORTING TO ANY FORM OF CLASS ACTION. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED.
WINNERS LIST REQUEST: Participants may receive notice of the Prize winner(s) by contacting Sponsor at the address above or via firstname.lastname@example.org by December 31, 2023, at 3:00 pm PST.