May 01, 2019
Want to win a month worth of Tender Greens?! Sign up for our epic giveaway. Terms and conditions are written below.
#TenderGreensGiveaway Sweepstakes - Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT IMPROVE THE CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED. PARTICIPATION CONSTITUTES ENTRANT’S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE OFFICIAL RULES. ODDS OF BEING SELECTED TO WIN A PRIZE IN THIS SWEEPSTAKES WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES TIMELY RECEIVED IN ACCORDANCE WITH THESE OFFICIAL RULES.
The “#TenderGreensGiveaway” Sweepstakes (the “Sweepstakes”) is intended for legal residents of the United States and the District of Columbia and shall only be construed and evaluated according to applicable U.S. law and California state law. This sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram.
SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored and administered by Tender Greens, 1201 W. 5th St. T-400, Los Angeles, CA 90017 (the “Sponsor”).
ELIGIBILITY: The Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia, who are 13 years of age or older as of May 1, 2019 (the “Entrants”). Employees, officers and representatives of the Sponsor, their parent company, employees, owners, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing, and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above (collectively, the “Released Parties”) are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law. (For the avoidance of doubt, any references in these Official Rules to Entrants shall also include the Entrant who is deemed the Winner (as defined below)).
AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning the Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus, bugs; (ii) tampering, unauthorized intervention; (iii) fraud; (iv) technical failures or (v) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the Entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Prize (defined below) in a random drawing using all non-suspect eligible Entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the Entry process or the operation of the Sweepstakes or Sponsor’s Instagram Account; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY INSTAGRAM PAGE OR ANY WEBSITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
RELEASE AND LIMITATIONS OF LIABILITY: BY PARTICIPATING IN THE SWEEPSTAKES, ENTRANTS AGREE TO RELEASE AND HOLD HARMLESS THE RELEASED PARTIES AND INSTAGRAM FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OF ANY PRIZE, INCLUDING, BUT NOT LIMITED TO: (I) ANY TECHNICAL ERRORS THAT MAY PREVENT AN ENTRANT FROM SUBMITTING AN ENTRY; (II) UNAUTHORIZED HUMAN INTERVENTION IN THE SWEEPSTAKES; (III) PRINTING ERRORS; (IV) ERRORS IN THE ADMINISTRATION OF THE SWEEPSTAKES OR THE PROCESSING OF ENTRIES; (V) INJURY, DEATH, OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OF ANY PRIZE; (VI) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION OR PRIZE DELIVERY. RELEASED PARTIES ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES. RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR TELEPHONE LINES, COMPUTER ONLINE SYSTEMS, SERVERS, OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR ENTRY TO BE RECEIVED BY SPONSOR ON ACCOUNT OF TECHNICAL PROBLEMS, HUMAN ERROR OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, OR ANY COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ENTRANT’S OR ANY OTHER PERSON’S COMPUTER RELATING TO OR RESULTING FROM PARTICIPATION IN THIS SWEEPSTAKES OR DOWNLOADING ANY MATERIALS IN THIS SWEEPSTAKES. ENTRANT FURTHER AGREES THAT IN ANY CAUSE OF ACTION, THE RELEASED PARTIES’ LIABILITY WILL BE LIMITED TO THE COST OF ENTERING AND PARTICIPATING IN THE SWEEPSTAKES, AND IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ATTORNEY FEES. ENTRANT WAIVES THE RIGHT TO CLAIM ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, DIRECT, OR INDIRECT DAMAGES. SPONSOR IS NOT RESPONSIBLE FOR ANY UNDELIVERED E-MAILS OR DIRECT MESSAGES, INCLUDING WITHOUT LIMITATION, E-MAILS OR MESSAGES THAT ARE NOT RECEIVED BECAUSE OF A POTENTIAL PRIZE WINNER’S PRIVACY OR SPAM FILTER SETTINGS WHICH MAY DIVERT ANY NOTIFICATION OR OTHER E-MAIL, INCLUDING ANY PRIZE WINNER NOTIFICATION E-MAIL, TO A SPAM OR JUNK FOLDER.
DRAWING AND NOTIFICATION: One (1) potential Grand Prize Winner will be selected in a random drawing from among all eligible Entries received. The Grand Prize drawing will be conducted by the Administrator, whose decisions are final and binding. The Grand Prize drawing will be conducted on or about June 1, 2019. The potential Winner will be contacted by the Sponsor via Instagram Direct Message and/or comment. Odds of winning the Grand Prize will depend on the total number of eligible entries received throughout the Sweepstakes Period.
PRIZE & PRIZE CONDITIONS: There will be one (1) Grand Prize winner (“Winner”). The Winner will receive a month’s worth of Tender Greens food, awarded in the form of a gift card valued at $450, which will be sent via mail. Gift card will be subject to certain terms and conditions as specified by Sponsor. By accepting the Prize, the Winner agrees to release and hold harmless the Released Parties, each of their related companies, and each of their respective officers, directors, employees, shareholders, and agents from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of a Prize. The Winner is responsible for all local, state, and federal taxes associated with the receipt of their Prize. Winner is solely responsible for all matters relating to the Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to a potential Winner, or if a potential Winner cannot be reached within three (3) business days from the first notification attempt, or if the potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected. By accepting the Prize, where permitted by law, the Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE. By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. The Winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.
GOVERNING LAW AND DISPUTES, BINDING ARBITRATION. Entrants expressly consent and agree that any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any other event whatsoever respective to the relationship between Sponsor and Entrant (each, a “Claim”), are to be settled by final and binding arbitration in accordance with the rules of JAMS before a single arbitrator in the State of California, County of Orange, pursuant to the Federal Arbitration Act, 9 U.S.C. § 1, et seq. Any and all Claims shall be resolved individually, without resort to any form of class action; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If any of this arbitration provision is deemed to be invalid, unenforceable or legal, or otherwise conflicts with the rules of JAMS, then the balance of this mandatory arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. Any and all claims, judgments, and awards will be limited to actual out-of-pocket costs incurred, and in no event shall include attorneys’ fees. In addition, under no circumstances will Entrants be permitted to obtain awards for, and Entrants hereby waive all rights to claim, indirect, punitive, incidental and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants and Sponsor in connection with the Sweepstakes, will be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. By participating in the Sweepstakes, Entrant agrees that: (i) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event will attorney fees be awarded or recoverable; (ii) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (iii) Entrant’s remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
LICENSE FOR USE OF ENTRIES: By submitting an entry, each Entrant grants, and represents and warrants that the Entrant has the rights and authority necessary to grant, Sponsor an irrevocable, non-exclusive, fully sublicensable license and right to exploit, edit, modify, and distribute the entry and all elements of such entry in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission or notification to Entrant or any third party.
MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant.
WINNER’S NAME REQUEST: To request confirmation of the first name, last initial, city, and state of residence of the Winner, please send a self-addressed, stamped business size envelope, by June 31, 2019, to: Tender Greens #TenderGreensGiveaway Winner Request, 1201 W. 5th St. T-400 Los Angeles, CA 90017.