Things in a Thing Contest Official Rules

Postmates, LLC. (“Postmates”) is sponsoring the “Things in a Thing” Contest (the “Contest”).   The Contest 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 NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. 

1. How to Enter. During the Contest Period (defined below), go to Postmates official Instagram account (www.instagram.com/postmates) on a computer or wireless device and submit your entry on the post. All entries must include an estimated guess of the number of items in the container featured in the corresponding Postmates Things in a Thing Instagram post (as described below). Estimated guesses must be submitted as comments to the corresponding Instagram post and Entrants must follow Postmates on Instagram. Only entries that (i) follow Postmates on Instagram (as applicable) and (ii) submit an estimated guess of the number of items in the container featured in the corresponding Things in a Thing Instagram post will be entered in the Contest.  Any entries that constitute unlawful behavior will be disqualified from the Contest.  By commenting with your guess on any Postmates “Things in a Things” Instagram post Entrant is acknowledging and agreeing to the Official Rules. Important Notice: You may be charged for visiting the mobile website and/or application in accordance with the terms of your service agreement with your carrier. Not all mobile phone providers carry the necessary service to participate. Check your phone capabilities for specific Internet instructions.

During the Contest Period, the below Instagram post will qualify as the official Contest posts:

“Count the Cheese puffs ” as posted on February 7, 2025 on the @Postmates Instagram handle. 

Limit of one entry per Instagram post, per individual Postmates in its sole discretion will decide whether a given entry satisfies the criteria for entry in the Contest.  Multiple Entrants are not permitted to share the same email address or social media handle.  Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different email or addresses, accounts, identities, registrations and logins, or any other methods will void that Entrant’s entries and that Entrant may be disqualified.  Use of any automated system to participate is prohibited and will result in disqualification.  In the event of a dispute as to any Entrant, the authorized account holder of the email address or social media handle associated with the entry will be deemed to be the Entrant.  The “authorized account holder” is the natural person assigned an email address or social media handle by an Internet access provider, online service provider or other organization responsible for assigning email addresses or social media handles for the domain or social media account associated with the entry.  Each potential winner may be required to show proof of being the authorized account holder.  Postmates will make the final determination of identity of Entrants in its sole discretion. By submitting an entry into the Contest as instructed in these Official Rules, you represent and warrant that the entry is original, according to Postmates’ Content Policy found here, and that you are at least eighteen (18) years of age or the age of majority in your state of residence, on the date of entry. Ineligible entries include entries that fail to comply with these Official Rules, including those that are, in whole or in part, threatening, abusive, harassing, defamatory, libelous, hateful, embarrassing to another person or entity, deceptive, obscene, invasive of another’s privacy, tortious, contain racial slurs, or contain explicit or graphic descriptions or accounts of, sexual acts, that are not in keeping with Postmates’ reputation and image or are not within the spirit of the Contest, as determined by Postmates in its sole discretion. Entries must also adhere to Instagram’s Terms of Use found at: https://help.instagram.com/581066165581870?ref=dp, and Instagram’s Platform Policy found at: https://www.instagram.com/about/legal/terms/api/. 

2. Contest Period.  This Contest begins at 9:00 am Pacific Time (“PT”) on Friday, February 7, 2025 and ends at 11:59pm PT on Tuesday, February 11, 2025 (the “Contest Period”).  Postmates’ computer is the official time-keeping device for the Contest.  All entries must be received during the dates and times specified in the Contest Period.  Odds of winning the Contest depend on the number of eligible entries received during the Contest Period.

3. Eligibility.  In order to be eligible, Entrants must be (i) at least the age of majority in their jurisdiction of residence; and (ii) a legal resident of the United States, including its commonwealths, territories and possessions.  Void where prohibited by law. The Contest is subject to all applicable federal, state, territory, and local laws, rules and regulations  Employees of Postmates and its parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. 

4. Prize Winner Selection Process and Notification. This Contest is a game of skill and chance plays no part in the winner selection process. All valid entries received will be judged based on the time the entry was submitted and the number closest to the actual number of items in the container shown in the image in Postmates’ sole discretion. One (1) First Place Winner, one (1) Second Place Winner, and one (1) Third Place Winner will be selected at the end of the Contest.  The winner(s) will be chosen by Postmates based on the Official Rules. In the event of a tie, and as described above, Postmates will select a winner based on the  time the entry was submitted and the number closest to the actual number of items in the container shown in the image in Postmates’ sole discretion. Postmates will notify winner(s) via direct message on Instagram or an @ mention in a Postmates Instagram story (at Postmates discretion) on or around February 13, 2025. Postmates is not responsible for any delay or failure to receive notification for any reason, including inactive account(s), technical difficulties associated therewith, or winner’s failure to adequately monitor any account.  The winner must then respond to Postmates within twenty-four (24) hours. Winner(s) will be required to share an email address in order to redeem the prize. Should the winner fail to respond to Postmates, or in the event that the winner’s entry is invalid, Postmates reserves the right to disqualify that winner and select the next best entry that was originally judged. In the event of a tie, a winner will be selected from the tied best entries by random-chance selection.  Winner may be required to sign an affidavit of eligibility, liability release and a publicity release.  By entering or accepting any prize, winner allows Postmates to use the winner’s entry, name, photograph, likeness, voice, opinions, prize information, biographical information, hometown and state for publicity and promotional purposes without further compensation where permitted by law.  Except where prohibited, participation in the Contest constitutes Entrant’s consent to Postmates’s use of Entrant’s entry, name, likeness, voice, opinions, biographical information, hometown and state for promotional purposes in any media without further payment or consideration.  

5. Prizes.  Three (3) Winners will each receive the following: 

Total aggregate retail value of the prize is up to USD $1,350.00. 

IN ORDER TO REDEEM PRIZE(S), WINNER MUST HAVE AN EXISTING VALID POSTMATES OR UBER ACCOUNT. PRIZES WILL BE REWARDED VIA UBER CASH TO WINNER’S POSTMATES ACCOUNT. ALL POSTMATES CREDIT PRIZES AWARDED UNDER THIS CONTEST WILL EXPIRE AT 11:59PM PT ON February  8 , 2026. UBER CASH TERMS AND CONDITIONS APPLY. 

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. No substitution, assignment or transfer of the prize is permitted, except by Postmates, who has the right to substitute a prize with another of comparable or greater value.  Winner is responsible for all taxes and fees associated with the receipt and/or use of the prize. Any difference between the stated approximate retail value and the actual value of the prize will not be awarded in any form. Winner is still responsible for any taxes and fees that may apply to any Postmates order.  

Any portion of the Prize not accepted, or redeemed by the dates or allotted time set forth in these Official Rules, or unclaimed and/or unused by the Winner will be forfeited and will not be substituted and no additional compensation will be provided, no transfer of Prize to a third party is permitted. Postmates 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 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 Contest 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).  

The value of the Prize may be taxable to the winner as income. 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 the Winner (regardless of whether the prize, in whole or in part, is used). Winners may be required to submit the Taxpayer ID, Social Security Number and/or any other information or documentation Postmates may require for payment and/or tax reporting purposes, including but not limited to a W9.

6. Conditions of Participation.  By submitting an entry for this Contest, you agree to abide by these rules and any decision Postmates makes regarding this Contest, which Postmates shall make in its sole discretion.  Postmates reserves the right to disqualify and prosecute to the fullest extent permitted by law any Entrant or winner who, in Postmates’s reasonable suspicion, tampers with Postmates or any Postmates partner site, the entry process, intentionally submits more than a single entry, violates these rules, or acts in an unsportsmanlike or disruptive manner. 

7. Intellectual Property:  Ownership of the pre-existing underlying intellectual property of the Entrant remains the property of the Entrant subject to Postmates’s rights to reprint, display, reproduce, perform, use, and exhibit the entry for the purpose of administering and promoting the Contest and for Postmates’s marketing and advertising purposes.  By participating in the Contest, each Entrant grants to Postmates a non-exclusive, worldwide, fully paid, royalty-free, perpetual, transferable license to reprint, display, reproduce, perform, use, and exhibit (including the right to make derivative works of) the entry and materials and information submitted on and in connection with the Contest or use or receipt of the prize for any and all purposes in any medium.  Each participating Entrant hereby warrants that any entry and other materials and information posted or provided by Entrant are original with Entrant and do not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity, moral rights or other intellectual property or other rights of any person or entity, and do not violate any rules or regulations.  If the entry or information or materials posted or provided by Entrant contain any material or elements that are not owned by Entrant and/or which are subject to the rights of third parties, Entrant represents he or she has obtained, prior to submission of the entry and information or materials, any and all releases and consents necessary to permit use and exploitation of the entry and information and materials by Postmates in the manner set forth in the Official Rules without additional compensation.  

Each Entrant warrants that the entry and materials and information posted or provided do not contain information considered by Entrant, its employees or personnel, or any other third party to be confidential, and that the entry, materials and information provided do not violate any laws or regulations.  Entrant agrees that Postmates has the right to verify the ownership and originality of all entries and that, upon Postmates’s request, Entrant must submit a written copy of any release or permission Entrant has received from a third party granting Entrant the right to use such property.  Entrant understands and acknowledges that in the event a submission is selected as a winning entry, and Entrant’s ownership, rights and the originality of the entry cannot be verified to the satisfaction of Postmates or is in any other way ineligible, Postmates may select an alternate winner.

8. Disclaimer, Release and Limit of Liability. POSTMATES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR YOUR PARTICIPATION IN THE CONTEST.  BY ENTERING THE CONTEST OR RECEIPT OF ANY PRIZE, EACH ENTRANT AGREES TO RELEASE AND HOLD HARMLESS INSTAGRAM, GGIATA RESTAURANT GROUP LLC, LLC POSTMATES, AND EACH OF THEIR SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND PRIZE SUPPLIERS, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, NEGLIGENCE, GROSS NEGLIGENCE OR OTHER TORTIOUS CONDUCT, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF PARTICIPATION IN THE CONTEST OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.  THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR:  (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE CONTEST; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE CONTEST; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE CONTEST OR THE PROCESSING OF ENTRIES; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM ENTRANT’S PARTICIPATION IN THE CONTEST OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.  If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Contest, provided that if it is not possible to award another entry due to discontinuance or completion of the Contest, or any part of it, for any reason, Postmates, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance or completion for any or all of the prizes offered herein.  No more than the stated number of prizes will be awarded. In the event that production, technical, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed Postmates reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.

9. Privacy and Use of Contest Information.  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’ User Privacy Policy available at: https://www.uber.com/legal/privacy. By participating in the Contest, 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. GOVERNING LAW AND DISPUTES: THESE OFFICIAL RULES AND THE CONTEST ARE GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES SHALL BE IN THE COUNTY OF SAN FRANCISCO, CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ANY SUCH CONTROVERSY OR CLAIM WILL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND WILL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF SAN FRANCISCO, CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

10. Meta Platforms, Inc. (“Meta”) is not a sponsor of, or responsible for conducting, the Contest. The Contest is in no way sponsored, administered, executed or produced by any Meta entity, or their affiliated companies including Instagram.

11. Sponsored and Administered by: Contest subject to these Official Rules is sponsored and administered by Postmates, LLC, 1515 Third Street, San Francisco, CA 94158.