Postmates, LLC (“Postmates”) is sponsoring the Postmates x Sweetfin x Fly By Jing 2023 Sweepstakes (the “Sweepstakes”). The Sweepstakes is subject to these official rules (the “Official Rules”), and by participating, you (“Entrant”) agree to be bound by them and the decisions of Postmates, which are final and binding in all respects.
NO PURCHASE OR ORDER NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW OR RESTRICTED BY LAW.
1. Eligibility: The Sweepstakes is open only to legal U.S. residents residing within Postmates’s greater Los Angeles, CA service market area who are 18 years of age or older. VOID WHERE PROHIBITED. Employees, officers and representatives, and the immediate family members of such employees, officers and representatives (i.e., parent, spouse, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) of Postmates, Sweetfin, LLC, Fly By Jing, INC, or their affiliated companies, parent companies, subsidiaries, participating promotional partners, advertising and promotion agencies, webmasters and any company involved in the creation, design, execution, production, or fulfillment of the Sweepstakes (collectively, the “Sweepstakes Entities”) are not eligible to enter. Additionally, individuals who are employed by any local, state or federal government office or agency, elected officials and individuals listed on the OFAC Specially Designated Nationals and Blocked Persons (SDN) List are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, and local rules, laws, and regulations.
2. Sweepstakes Period: The Sweepstakes begins at 3:00 p.m. PST on November 13, 2023 and ends at 11:59 p.m. PST on November 20, 2023 (the “Sweepstakes Period”). Postmates’s computer is the official timekeeping device for entry in the Sweepstakes.
3. How To Enter: During the Sweepstakes Period, there are two (2) ways to enter the Sweepstakes:
1) Order with Postmates: Order the new Chengdu Crunch bowl from Sweetfin via Postmates and enter the promo code CRUNCH at checkout before placing your order to receive one (1) entry into the Sweepstakes. You can tap the “Payment” section in the Postmates App to enter the promo code under “Add Promo”. Applicable order fees and taxes still apply. To enter the Sweepstakes by this method, a Postmates account is required, and can be obtained at no cost at Postmates.com or by downloading the app from the appropriate app store. Data and usage rates may apply. Any entries that constitute unlawful behavior will be disqualified from the Sweepstakes. Sweepstakes entries through this method shall be valid only on completed orders for delivery with Postmates from participating Sweetfin Restaurant locations in Los Angeles, CA. Any entries that constitute unlawful behavior will be disqualified from the Sweepstakes.
2) Alternate Method of Entry: To enter without placing an order, send an email during the Sweepstakes Period (defined below) titled “Enter Me in the Postmates x Sweetfin x Fly By Jing 2023 Sweepstakes” with your name, address and email to: Postmatessweepstakes@uber.com to receive one (1) entry into the Sweepstakes.
Limit one (1) entry per person, per email address and/or Postmates account throughout the Sweepstakes Period, regardless of method of entry. Entries received in excess of this stated limitation will be void.
All entries must be received by no later than the end of the Sweepstakes Period, regardless of method of entry. When submitting an entry, Entrant is required to provide complete and truthful information. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Postmates’s sole and absolute discretion. Entries submitted by persons who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. The use of any scripts, computer programs, robotic repetitive, macro, automatic, programmed or similar automated entry methods or agents to submit entries will void all entries submitted by that person or that person’s agents. Postmates will disqualify any entry from individuals who do not meet the eligibility requirements. All entries submitted in compliance with these Official Rules and not disqualified or void are considered “Eligible Entries.” All entries are the property of Postmates and will not be acknowledged or returned.
By entering the Sweepstakes, Entrant: (a) agrees to be bound by these Official Rules and by the interpretation of these Official Rules by Postmates and by the decisions of Postmates, which are final and binding in all respects; (b) acknowledges compliance with these Official Rules; and (c) agrees to comply with any and all applicable federal, state and local laws, rules and regulations. Winning the Prize is contingent upon fulfilling all requirements set forth in these Official Rules.
3. Prizes: Five (5) Winners (as defined below) will each receive the following:
- One (1) Two Tones Sweetfin Beach Club Hat. Approximate Retail Value (“ARV”): $25.00;
- One (1) Fly by Jing of Chengdu Crunch in a jar. ARV: $17.00; and
- $100 in Postmates credit in the form of Uber Cash. Uber Cash Terms and Conditions apply. ARV $100.00
The total Approximate Retail Value of the Prize is $710.00.
ONLY ELEMENTS OF THE PRIZES DESCRIBED ABOVE ARE BEING AWARDED TO THE WINNER. A refund or cash equivalent will not be provided to Winner in the event that the actual retail value of the Prize is different from the stated Approximate Retail Value.
Uber Cash is subject to the Uber Terms of Service, which are available here. For the avoidance of doubt, although the winner will receive the Uber Cash at no cost as the Prize, the provisions in the Uber Cash Terms of Service shall govern to the extent applicable. The use of Uber Cash is subject to the terms and conditions set forth thereon. Use of Uber Cash constitutes the user’s acceptance of the terms of use which are available here.
If for any reason the Prize is unavailable, Postmates reserves the right to modify the Sweepstakes in its sole discretion and award a substitute prize, or portion of prize, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of the Prize, or any portion thereof, is permitted by the Winners. Postmates and the Sweepstakes Entities shall have no responsibility or obligation to a Winner who is unable or unavailable to, or who does not for any reason, accept or utilize a Prize or any portion thereof. Winners agree to comply with any additional terms and conditions applicable to the Prize. The Prize is provided “as is”; Entrants acknowledge that Postmates and the Sweepstakes Entities 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, including any implied warranty of merchantability of fitness for a particular purpose. All costs and expenses not specifically listed above as part of the Prize are solely each Winner’s responsibility, including but not limited to tips and gratuities, and other taxes not otherwise mentioned herein. Any prizes pictured in advertising and other Sweepstakes materials are for illustrative purposes only.
All U.S. federal, state and local tax liability, and any other costs and expenses associated with acceptance or use of the Prize not specifically provided for in these Official Rules are solely the responsibility of each Winner (regardless of whether the prize, in whole or in part, is used).
4. Winner Selection and Notification: Five (5) potential winner will be selected in a random drawing by Postmates from all Eligible Entries on or about November 22, 2023. The potential winner will be notified by phone or email (at the phone number or email provided with the entry or associated with each potential winner’s Postmates account), and will be required to confirm his/her email address and/or phone number. Details will follow via email.
Postmates shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If a potential winner cannot be reached after a reasonable effort has been exerted and/or fails to respond to confirm his/her email address within twenty-four (24) hours (or such other time specified by Postmates) from when the initial notification email is sent, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner forfeits the Prize, and an alternate potential winner will be selected. Postmates, in its sole discretion and time permitting, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified and an alternate potential winner may be selected. The odds of winning depend on the number of eligible entries received.
5. Winner Verification: The potential winners may be required to prove eligibility, including, without limitation, proof of age, residence, and identity, which may include submitting a copy of a driver’s license, passport or similar government issued identification within twenty-four (24) hours after being notified of being a potential winner.
The potential winner may be required to complete and sign an Affidavit of Eligibility, release of liability, publicity release form (except where prohibited), and a completed IRS W-9 form (if required), and the eligibility of the potential winner will be verified. Forms must be returned within twenty-four (24) hours of receipt by potential winner. If any potential winner does not complete all forms necessary within the time given and/or in the event of non-compliance by any potential winner, such potential winner shall be disqualified and shall forfeit the prize, and all privileges otherwise due as a potential winner shall be terminated and an alternate potential winner will be chosen in a random drawing from among all of the remaining Eligible Entries.
Provided that each potential winner is in compliance with the Official Rules and after having successfully proven eligibility, they will be officially confirmed as the Winners (each, a “Winner”). Postmates expressly reserves the right to delay the announcement of the Winners for any reason it deems necessary.
Additionally, Postmates and the Sweepstakes Entities reserve the right to make a public announcement, announcing the Winners on either the Postmates website, through the Postmates App, or in any manner (including, without limitation, social media (e.g., Facebook, Twitter)), which they deem appropriate.
6. Liability Release and Indemnity: THE PRIZE IS OFFERED AND PROVIDED “AS IS” WITH NO WARRANTY OR GUARANTEE BY POSTMATES OR ANY SWEEPSTAKES ENTITY, EITHER EXPRESS OR IMPLIED. IN NO EVENT WILL POSTMATES OR ANY SWEEPSTAKES ENTITY BE LIABLE TO ENTRANT FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT POSTMATES AND/OR OTHER SWEEPSTAKES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
By entering the Sweepstakes, Entrant agrees to indemnify, defend, and hold harmless, Postmates and any other Sweepstakes Entities from any and all liability, for any claims, damages, injuries or losses of any kind, and to release all rights to bring any claim, action or proceeding arising out of, in connection with, or relating to, (i) participation in the Sweepstakes, (ii) without limitation, death, or property damage, arising directly or indirectly from the acceptance, possession, misuse or use of the Prize, including any travel/activity related thereto, (iii) defamation, violation of publicity rights, or invasion of privacy in connection with the Sweepstakes or acceptance and use or the Prize, and (iv) copyright infringement, trademark infringement, or any other intellectual property-related cause of action arising from or related to the Sweepstakes, the Prize, or Postmates’s advertising and marketing related to the Sweepstakes, Entrants or the Winners, in all cases, including but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, misdirected or undeliverable entries or prize notifications; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or damage to persons or property (including to any computer or mobile device systems resulting from participation in or accessing or downloading information in connection with the Sweepstakes), 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 (including, without limitation, any travel or Postmates trips or rides taken by Entrant in connection with using the Prize). Entrant assumes all liability for an injury or damage caused, or claimed to be caused, by participation in the Sweepstakes, or the acceptance, receipt, or use of the Prize or any Prize component. Entrant further agrees that in any cause of action, Postmates and/or the Sweepstakes Entities’ liability will be limited to the value of the Prizes, and in no event shall the Sweepstakes Entities be liable for attorney’s fees.
Postmates and the Sweepstakes Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, damaged, destroyed, delayed, misdirected, not delivered, not received, or that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, mechanical or electronic error that may occur in the processing of the entries in the Sweepstakes, or other errors appearing within the Official Rules or in the Sweepstakes related advertisements. Postmates and the Sweepstakes Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of the Sweepstakes, errors in processing entries, identifying the Winners, in the announcement of the Prize and Winners, the delivery of the Prizes, any problems or technical malfunction of any telephone network or lines, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site including Postmates.com, or any combination thereof, including, without limitation, any injury or damage to Entrant’s or any other person’s computer system/software related to or resulting from participation in, uploading any materials or downloading any materials in the Sweepstakes. Use of any device to automate or subvert entry is prohibited and any entries received by such means will be void. Postmates reserves the right in its sole discretion to disqualify any person it suspects or finds (i) to have tampered with the entry process or the operation of the Sweepstakes; (ii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iii) to display behavior that will bring such Winner, Postmates or the Sweepstakes Entities into disgrace; (iv) to have provided inaccurate information on any legal documents submitted in connection with the Sweepstakes; or (v) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
7. Grant of Rights. Except where prohibited by law, by entering the Sweepstakes and/or winning the Prize, Entrant irrevocably consents to the use of his or her name, image, photograph, likeness, biographical information, entry, statements attributed to Entrant (if true) and any video footage related to the Prize, for all Sweepstakes Entities’ advertising, promotional or other commercial purposes in all media now or hereafter known, worldwide and in perpetuity without additional compensation and additionally consents to the Sweepstakes Entities putting his or her name on a winner’s list. Please note that Postmates may not acknowledge or return any entries.
8. General Terms. Sweepstakes Entities are not responsible if the Sweepstakes cannot take place, or if the Prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of the Sweepstakes Entities. If, for any reason the Sweepstakes is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Sweepstakes Entities, which, in Postmates’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Postmates reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes or any part of the Sweepstakes. If the Sweepstakes or any part of the Sweepstakes is terminated or modified prior to the closing of the Sweepstakes Period, notice will be posted on Postmates.com. Postmates reserves the right to modify and amend these Official Rules from time to time during the Sweepstakes Period for clarification purposes.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, Postmates RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Postmates’s failure to enforce any term of these Official Rules will not constitute a waiver of that term or any other provision of these Official Rules. Entrant agrees to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in the Sweepstakes–related materials, privacy policy or terms of use on a website and/or the terms and conditions of these Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Postmates’s sole and absolute discretion.
9. Privacy: All information submitted by Entrants and collected by Postmates in connection with Entrant’s entry will be subject to and will be treated in a manner consistent with Postmates web site Terms and Conditions accessible at: https://www.uber.com/legal/terms and Postmates’s User Privacy Policy available at: https://www.uber.com/legal/privacy. By participating in the Sweepstakes, Entrant hereby agrees that Postmates may collect and use his or her personal information submitted with the entry, and acknowledges that he or she has read and accepted the Postmates User Privacy Policy. Among other things, the information Entrants provide may be used for sending Entrants company updates and announcements about Postmates and its products and/or services.
10. Binding Arbitration: IF ENTRANT HAS AGREED TO POSTMATES’ TERMS OF USE , THEN THE ARBITRATION AGREEMENT CONTAINED THEREIN WILL GOVERN ANY DISPUTES, CONTROVERSY OR CLAIM(S) ARISING OUT OF OR RELATING TO THE SWEEPSTAKES OR ANY PRIZE AWARDED. If Entrant has not agreed to the Terms of Use, then except where prohibited by law, Entrant agrees that: (1) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SWEEPSTAKES OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) any dispute, controversy or claim arising out of or relating to the Sweepstakes or any prize awarded shall be resolved by binding arbitration administered by the Judicial Arbitration and Mediation Services (“JAMS”) in accordance with its Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) then in effect; (3) any arbitration shall be heard by one arbitrator to be selected in accordance with JAMS Rules, in San Francisco County, California; (4) unless both Entrant and Postmates agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of class or representative proceeding; (5) judgment upon any award rendered may be entered in any court having jurisdiction thereof; and (6) any award or judgment shall be subject to all limitations and releases set forth in these Official Rules and be limited to actual out of pocket damages, and shall not, in any event, include any punitive, exemplary, consequential or incidental damages, attorney’s fees or costs of bringing a claim, or any injunctive or other equitable relief. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
11. Governing Law: All federal, state and local laws and regulations apply. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Postmates in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the New York law without giving effect to any choice of law or conflict of laws rules (whether of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than New York.
12. Accessibility of Official Rules: A copy of the Official Rules is available via www.Postmates.com. Where required by law, Postmates will provide the name of Winner(s) of a Sweepstakes to those who request it. For the names of Winners: (i) send a self-addressed, stamped envelope postmarked to Postmates Technologies, Inc., 1515 3rd Street, San Francisco, CA 94158, Attn: Contracts – Winner List; and (ii) write the name of the Sweepstakes on the lower left hand corner of the envelope. All requests for the names of the Winners must be received within two (2) weeks of the end of the Sweepstakes Period.
13. Sponsored and Administered by: Sweepstakes subject to these Official Rules are sponsored and administered by Postmates Technologies, Inc., 1515 3rd Street, San Francisco, CA 94158.
14. This Sweepstakes is in no way sponsored or administered by Sweetfin, LLC, Fly By Jing, INC or any of their respective parents, affiliates and subsidiaries, and does not award, sponsor, or endorse this Sweepstakes in any way. Any questions regarding the Sweepstakes should be directed to Postmates.
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