2020 #CREATEWHATYOUCRAVESWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law, in Rhode Island, and outside the 50 United States and the District of Columbia. Subject to all federal, state and local laws, regulations, and ordinances. Sweepstakes begins on January 13th, 2020 at 12:00 a.m. Pacific Time (“PT”) and ends on March 31st, 2020 at 11:59 p.m. PT (the “Sweepstakes Period”). Sponsor’s computer is the official time keeping device for this Sweepstakes. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, INC.
1. ELIGIBILITY: The #CREATEWHATYOUCRAVESWEEPSTAKES Instagram Sweepstakes (the “Sweepstakes”) is open to legal U.S. residents currently residing in the 50 United States and the District of Columbia (excluding Rhode Island) who are at least eighteen (18) years old (nineteen (19) years old in Alabama and Nebraska, or twenty-one (21) years old in Mississippi) as of the date of Sweepstakes entry (each, an “Eligible Entrant” or an “Entrant”). Garden Fresh Restaurants LLC (“Sponsor”), its affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, and each of their employees, officers, and directors (collectively, the “Sweepstakes Entities”), and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Entry constitutes Entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes and which Sponsor may decide in sole discretion. Winning a prize is contingent upon fulfilling all requirements set forth herein. In the event of any conflict or inconsistency with any other advertising, promotional or other materials, these Official Rules shall govern. All entrants must have access to the Internet prior to the start of the Sweepstakes. A Prize won by an individual considered to be a minor in his or her state of legal residency (“Minor”) who is otherwise eligible to participate in the Sweepstakes will be awarded in the name of such Minor’s parent or legal guardian. A Minor who is otherwise eligible to participate in the Sweepstakes must get his or her parent’s or legal guardian’s permission before entering the Sweepstakes. Sponsor reserves the right to verify the eligibility of winner.
2. SPONSOR: Garden Fresh Restaurants LLC, 15822 Bernardo Center Drive, Suite C, San Diego, CA 92127.
3. HOW TO ENTER: Entrants may enter using up to two (2) methods of entry listed below during the Entry Period. All entries submitted in accordance with these Official Rules shall be hereinafter referred to as “Eligible Entries.”
a. How to Submit Entries via Instagram: To participate in this Sweepstakes via this method, you must have a public Instagram account. If you do not have an account with Instagram, visit www.Instagram.com to create a free account according to the instructions on the website. Entrants can enter by (i) following either Souplantation on Instagram (LINK: instagram.com/souplantation/) or Sweet Tomatoes on Instagram (LINK: instagram.com/sweettomatoes/), (ii) make an additional entry by taking a photo of your custom food creation and tagging the photo on Instagram with the hashtag #CreateWhatYouCraveSweepstakes; When any or all of the aforementioned steps have been completed the Entrant will be considered when determining Prize Winners (defined below) in accordance with these Official Rules.
Entries, comments and content submitted or uploaded to Instagram or to any social media sites or other public sites in connection with this Sweepstakes (collectively, “Content Submissions”) may not contain, depict or show any content that: (i) is sexually explicit or suggestive, offensive, lewd, profane, obscene, or contains nudity or racist innuendo; (ii) promotes any activities that may appear unsafe or dangerous, or any political agenda or message; (iii) defames, misrepresents or contains disparaging remarks about Sponsor or other companies; (iv) contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) or copyrighted materials (including photographs, sculptures, paintings, and other works of art or images published via websites, television, movies or other media) owned by others, without permission; (v) contains any personal identification, such as license plate numbers, last names (first names are permitted), e-mail addresses or street addresses for any person other than Entrant, or otherwise infringes on the privacy of any person other than an entrant; (vi) communicates messages or images inconsistent with the positive image and good will of Sponsor’s brand; and/or (vii) violates any law (collectively, the “Content Submission Requirements”). Any Content Submissions that contain, depict or show such content; that exceed any required file size or length limits imposed by the Sweepstakes Entities or any third party social media site; and/or that violate these Content Submission Requirements and/or the terms of these Official Rules of Instagram’s Terms of Service will be disqualified. The Sweepstakes Entities reserve the right in their sole and unfettered discretion to disqualify any Content Submission that they believe is inappropriate or not suitable for publication, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Sweepstakes.
If the Content Submission contains an identifiable person other than the Entrant who submitted the Content Submission, by submitting the Content Submission, the Entrant represents and warrants that he/she has obtained the consent of such person to the use of the Content Submission as outlined herein and such person may be required to provide written consent to the Sweepstakes Entities’ use of the Content Submission.
By participating in this Sweepstakes, Entrant acknowledges and agrees that he or she will clearly and conspicuously disclose that he or she is participating in this Sweepstakes in the entry and any online social sharing interaction that references the Sweepstakes or that is used to obtain entries in connection with this Sweepstakes. At a minimum, the hashtag “#CreateWhatYouCraveSweepstakes” should be included in all social media communications sent pursuant to the Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any entrant who does not adequately disclose his or her participation in this Sweepstakes while engaging in any online social sharing interaction during the Sweepstakes Period.
NOTE: Message and data rates apply to use of mobile device for Sweepstakes entry. You may be charged by your wireless carrier for accessing the mobile version of Sweepstakes website or otherwise participating in the Sweepstakes via mobile device. Be sure to check your wireless carrier’s pricing plan before participating in the Sweepstakes via mobile device. Not all mobile devices offer wireless Internet access functionality and these services may not be available in all areas.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM. Instagram is a registered trademarks of their respective owners, which are herein used for purposes of Sweepstakes description only. Such use is not intended to suggest or imply the sponsorship, endorsement, or the approval of this Sweepstakes by the owners of said trademarks.
b. How to Enter by Submitting a Postcard by Mail: To enter by submitting a 3 x 5 postcard by mail, hand print your first and last name and residential address (as they appear on your driver’s license or governmental identification) (no P.O. boxes), and mail to Garden Fresh Restaurants (Sponsor) #CreateWhatYouCraveSweepstakes at 15822 Bernardo Center Drive, San Diego, CA 92127. MAIL IN ENTRY MUST BE POSTMARKED BY 3/31/2020 AND RECEIVED BY 4/10/2020. The Sweepstakes Entities are not responsible for lost, late, stolen, damaged, misdirected, illegible, postage-due mail or human or other error that may occur in the receipt or processing of Mail-In Entries.
FOR PURPOSES OF THIS SWEEPSTAKES, EACH SOCIAL POST OR MAIL-IN ENTRY THAT YOU SEND PURSUANT TO THE ABOVE DIRECTIONS CONSTITUTES ONE (1) ENTRY. LIMIT: ONE (1) ENTRY PER PERSON AND PER PHONE NUMBER/EMAIL ADDRESS.
Proof of mailing or attempting to submit an Entry is not considered proof of delivery or receipt. False, fraudulent or deceptive Entries or acts may render Entrant ineligible.
By entering the Sweepstakes, Entrants affirm that they have read and accepted these Official Rules, and agree that their entry and any other materials submitted in connection with this Sweepstakes may be posted on Sponsor’s website and/or other social media sites or applications associated with the Sweepstakes in a manner that is consistent with these Official Rules. Upon submission of entry in this Sweepstakes, you agree that Sponsor may contact you via Instagram by sending you a direct message, tagging you, posting to your social media page or naming you on Sponsor’s social media page. You must provide all required information to be eligible to enter and win. All potential winners are subject to verification before any prize will be awarded.
4. SELECTION OF WINNERS: On or about April 30th, 2020, Sponsor will select the names of three (3) potential prize winners (“Potential Winners” or “Potential Prize Winners”) in a random drawing from among all Eligible Entries received during the Sweepstakes Period. The odds of winning are based on the number of Eligible Entries received during the Sweepstakes Period. The Potential Winner(s) (or parent or legal guardian if Potential Winner is a Minor in his or her jurisdiction of legal residence) will be notified on or about April 30th, 2020 via direct message, email, or phone call using the Instagram handle, email address or phone number associated with the information used to enter or included in the mail-in entry, and will be provided with details on how to claim the Prize. Except where legally prohibited, each Potential Winner must sign and return, within seven (7) days of being notified, a[n] Affidavit/Declaration of Eligibility, Liability & Publicity Release (“Affidavit”) and/or such additional documentation as the Sweepstakes Entities may require in order to claim his/her prize. If a potential winner cannot be contacted after the first attempt to notify him/her of his or her selection, or if he/she fails to respond to the potential winner notification within forty-eight (48) hours or to sign and return any documentation that Sponsor may require within any time period that Sponsor may specify, or in the event that a Potential Winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries. If Sponsor is unable to determine and verify a Potential Winner after repeated alternate drawings or if Sponsor fails to receive a sufficient number of entries to correspond to the number of prize(s) available to be awarded, Sponsor reserves the right not to award the all prize(s).
VERIFICATION OF POTENTIAL WINNERS: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
5. PRIZES: There will be three (3) prizes (individually, a “Prize,” and collectively, “Prizes”) awarded, each granting the winner 52 complimentary meal passes (good for one meal and one beverage each) to be redeemed at Souplantation or Sweet Tomatoes. Approximate Retail Value (“ARV”) of each Prize is USD$800.00. Total value of all Prizes to be awarded is USD$4500. Limit one (1) Prize per person/per household.
PRIZE RESTRICTIONS: Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of Prize not specifically stated herein are the responsibility solely of winner. Complimentary meal passes may not be sold, offered for sale, assigned, transferred, offered for transfer, photocopied, duplicated, or redeemed or exchanged for cash, merchandise or services, except by Sponsor in its sole and absolute discretion, which reserves the right to substitute Prize (or any part thereof) with a prize of comparable or greater value. Complimentary meal passes are subject to verification and are void and will be rejected if not obtained through authorized, legitimate channels, or if any part of any meal pass is determined by Sponsor or Sponsor’s agent or representative to be illegible, forged, reproduced, manipulated, mutilated, counterfeited, or tampered with in any way, or if Prize contains printing, typographical, mechanical, or other errors. Complimentary meal passes may be subject to additional terms and conditions; see front and back of complimentary meal passes for such additional terms and conditions. Sponsor is not responsible and will not replace lost or stolen Prize or components of Prize. Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won in the Sweepstakes. If, by reason of a technical, print or other error, more prizes are claimed than the number set forth in these Official Rules, prize winner(s) will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.
6. GENERAL CONDITIONS: Entry constitutes Entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Only fully completed entries are eligible.
The Sweepstakes Entities are not responsible for late, incomplete, invalid, or misdirected entries; lost, interrupted, or unavailable network, server, or other connections, telephone transmission problems, or garbled transmissions or miscommunications; computer or software malfunctions, or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to disqualify any individual it finds to be attempting to tamper with or undermine the entry process and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor. If, for any reason, the Sweepstakes cannot be run as planned, Sponsor may disqualify any suspect entries and (a) suspend the Sweepstakes and modify the Sweepstakes to address the impairment, then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
Multiple entrants are not permitted to share the same mobile phone number/email address. In the event of a dispute over who submitted a winning entry, the authorized account holder of the email address associated with the online entry or the mobile phone number associate with the wireless mobile device used to participate in the Sweepstakes at the actual time of entry, as applicable, will be deemed to be the Entrant. The “authorized account holder” of a phone number associated with the wireless mobile device used to participate in the Sweepstakes is defined as the natural person who is assigned a mobile phone number by a wireless carrier. The “authorized account holder” of an email address is the natural person assigned the email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential Winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the Prize. Entries with an invalid, non-working, or inactive phone number or email address will be disqualified and ineligible to win. All entries become the property of Sponsor and will not be acknowledged or returned. Any attempt to obtain entries in excess of the limit on entries as set forth in these Official Rules, including by using creating multiple wireless phone numbers, by using multiple and/or different identities, forms, registrations, or by any other methods, will void all of the relevant entrant’s entries, and that entrant may be disqualified at Sponsor’s discretion.
7. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website associated with the Sweepstakes, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
8. LIMITATION OF LIABILITY AND RELEASES:
By participating in this Sweepstakes, Entrants agree that Sponsor, Instagram, Facebook, Twitter, and their affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (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 Sweepstakes; (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 Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes 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 Sweepstakes or receipt or use or misuse of any prize. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF THE INTERNET SITES INSTAGRAM.COM/SOUPLANTATION/ OR INSTAGRAM.COM/SWEETTOMATOES/ OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE WEBSITE AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. Publicity Release. EXCEPT WHERE PROHIBITED BY LAW, ENTRANTS GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR AND ITS LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AND THOSE ACTING PURSUANT TO THEIR AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING, BUT NOT LIMITED TO, THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH ENTRANT’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION
11. DISPUTES. This Sweepstakes is governed by the laws of the United States. Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of California or the appropriate State Court located in San Diego County, California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes not to exceed fifty US Dollars (US$50.00), but in no event attorneys’ fees; and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives 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 the Entrant and Sponsor in connection with the Sweepstakes, shall 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 or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
13. Nature of Relationship/Waiver of Equitable Relief: Each Entrant understands and acknowledges that the Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Content Submission and/or each other in theme, idea, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each Entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Content Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Content Submission or other material submitted in connection with the Sweepstakes, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Content Submission or any material based on or allegedly based on the Content Submission, and the Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
14. OFFICIAL RULES AND WINNERS LIST: For a copy of the Official Rules, visit www.souplantation.com/craverules. For the identity of the winner, available after 04/30/2020, contact Garden Fresh Restaurants LLC, ATTN: Sweepstakes Dept., 15822 Bernardo Center Drive, Suite C, San Diego, CA 92127.
Copyright ©2020 Garden Fresh Restaurants LLC. Sweet Tomatoes® and Souplantation® are trademarks of Sponsor. All rights reserved.