NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
SHIPT SHUFFLE CHALLENGE SWEEPSTAKES
Sponsored by Shipt, Inc. (herein “Sponsor”)
OPEN ONLY TO INDIVIDUALS WHO ARE LEGAL RESIDENTS OF, AND CURRENTLY RESIDING WITHIN THE UNITED STATES AND THE DISTRICT OF COLUMBIA (“D.C.”), EXCLUDING ALASKA, WEST VIRGINIA, PUERTO RICO, AND UNITED STATES TERRITORIES AND POSSESSIONS, WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AS OF THE TIME OF ENTRY. VOID OUTSIDE OF THE UNITED STATES/D.C., IN ALASKA, WEST VIRGINIA, PUERTO RICO, AND UNITED STATES TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED BY LAW. THIS SWEEPSTAKES IS GOVERNED BY UNITED STATES LAW. DO NOT ENTER IF YOU ARE NOT LOCATED IN ONE OF THE ELIGIBLE UNITED STATES OR D.C. AT TIME OF ENTRY.
1. Sweepstakes Period: Shipt Shuffle Challenge Sweepstakes (“Sweepstakes”) begins on August 27, 2020 at 12:00:00 a.m. Central Time (“CT”) and ends on September 11, 2020 at 11:59:59 p.m. CT (“Sweepstakes Period”). Sponsor is the official time-keeping device for the Sweepstakes. The Sweepstakes is provided by the Sponsor and is in no way sponsored, endorsed, promoted or administered by, or associated with Instagram, Inc. Any questions, comments or complaints regarding this Sweepstakes should be directed to Sponsor and not to Instagram.
2. Eligibility: The Sweepstakes is open only to legal residents the United States and D.C., excluding residents of Alaska, West Virginia, Puerto Rico, and United States Territories and Possessions, who are 18 years of age or older as of the time of entry. Employees, officers and directors of Sponsor, Promotion Activators Management, LLC (“Administrator”), their respective parent companies, affiliates, subsidiaries, distributors, suppliers and advertising and promotion agencies associated with the Sweepstakes, and members of the 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 are NOT eligible to participate in the Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules may result in disqualification. Sweepstakes is void outside of the United States/D.C., and in Alaska, West Virginia, Puerto Rico, and United States Territories and Possessions and where prohibited by law. The Sweepstakes is subject to United States law.
ALL ENTRANTS MUST USE CAUTION AND COMMON SENSE IN CREATING THEIR ENTRIES. BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS (OR THEIR PARENT/LEGAL GUARDIAN IF CONSIDERED A MINOR IN THEIR STATE OF RESIDENCE) ACKNOWLEDGE AND AGREE THAT NEITHER SPONSOR, INSTAGRAM, INC., THEIR RESPECTIVE PARENT COMPANIES, DIVISIONS, AFFILIATES, SUBSIDIARIES, DISTRIBUTORS, SUPPLIERS, ADVERTISING AND PROMOTION AGENCIES, AND ALL OTHER SERVICE AGENCIES INVOLVED WITH THE DESIGN, EXECUTION, OR FULFILLMENT OF THIS SWEEPSTAKES, NOR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENCIES (COLLECTIVELY “RELEASED PARTIES”) WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO BODILY INJURY OR DEATH, CAUSED BY OR IN CONNECTION WITH PARTICIPATION IN THIS SWEEPSTAKES. ENTRIES POSTED WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF THE SPONSOR IN ANY MANNER.
Entry must conform to the following Entry Requirements to be eligible, as determined in Sponsor’s sole discretion:
– Entry cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religion, nationality, sexual orientation, professional or age group, profane or pornographic, or contain nudity;
– Entry cannot promote illegal drugs or firearms (or the use of any of the foregoing), or any political agenda or message (in the sole opinion of the Sponsor);
– Entry cannot be obscene or offensive, endorse any form of hate or hate group;
– Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor or other people, products or companies;
– Entry may not include any intellectual property of third parties, including copyrighted material or third-party trademarks except those of Sponsor (including Challenge Dance and Challenge Dance music);
– Entry cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
– Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
– Entry cannot depict, and cannot itself, be in violation of any law; and
– Entry cannot depict dangerous or unsafe behavior for the entrant
Entry must be suitable for broadcast at Sponsor’s sole discretion. By submitting an Entry, entrant warrants and represents that such Entry is his/her original creation (a modification of an existing work does not qualify as original), that the Entry is true and verifiable, that the Entry has not been previously submitted to or entered in any competition or won any awards, and that his/her Entry and its contents do not violate any law, regulation or any right of any third-party, including, without limitation, the publicity, intellectual property or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary right, except the intellectual property of Sponsor (including Challenge Dance and Challenge Dance music). If the Entry contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties (excluding the intellectual property of Sponsor including Challenge Dance and Challenge Dance music), the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render the Entry null and void. By submitting an Entry, entrant (or their parent/legal guardian if considered a minor in their state of residence) represent that they consent to the submission and use of the Entry in the Sweepstakes and to its use as otherwise set forth herein. Except where prohibited by law, each entrant acknowledges and agrees that the Sponsor does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to entrant’s Entry. Winners will be disclosed in a winners list and Released Parties are not liable for any misuse of such winners list by third parties. Released Parties are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entry. Entrants (or their parent/legal guardian if considered a minor in their state of residence) agree that they will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks except as provided herein, without the express consent of the Sponsor in each instance. Any Entry that does not comply with these requirements, in the opinion of the judges or the Sponsor, may be disqualified. Sponsor reserves the right to waive the Sweepstakes entry requirements set forth herein in its reasonable discretion.
How to Enter Via Mail: For eligible persons that wish to enter without participating on social media, please send a request for entry to 17 20th St. N #100, Birmingham, AL 35203 Attn: #BTS Dance Challenge SWEEPSTAKES. All mail-in requests for entry must be postmarked by 9/11/20 and received by 9/16/20. As part of your submission, please include basic contact information, including your name, street address, phone number, and email address. (NOTE: You must complete all required submission information with the mail-in offering with information that is valid on the date of the drawing to be eligible). You understand you are providing your information to Sponsor and/or Administrator and not to a third-party. All entries become the property of Sponsor, and none will be acknowledged or returned. Limit one (1) Entry per person regardless of method of entry.
4. Drawing/Odds of Winning: To be eligible for the Sweepstakes drawing, an eligible Entry must be posted to Instagram Reels or to entrant’s personal, public, Instagram feed, during the Sweepstakes Period, or, if a mail-in entry, received by Sponsor no later than September 15, 2020. Sweepstakes drawing will be conducted on or about September 22, 2020 (the “Drawing Date”) by the Sponsor whose decisions shall be final in all matters relating to the Sweepstakes. Five (5) potential winners will be selected at random from among all eligible entries by both entry methods combined. Odds of winning a Sweepstakes prize depend on the total number of eligible entries received by both entry methods combined. Limit one (1) prize per person/household.
5. Prizes and Approximate Retail Value (“ARV”): Five (5) Prizes: Each winner will receive a one (1) year membership to Shipt and a $5,000 credit with Shipt intended to be used towards a year’s worth of groceries (together “Prize”). Approximate retail value (“ARV”): $5,099. Total ARV of all prizes: $25,495. Unclaimed or forfeited Prizes will not be awarded. All taxes resulting from acceptance of a Prize are the sole responsibility of the winner. If a winner resides outside of Shipt’s delivery area, Sponsor reserves the right to substitute a cash alternative in lieu of a one-year Shipt membership and a $5,000 Shipt credit. No substitution, transfer, or cash redemption of Prize is permitted, except as expressly set forth herein by Sponsor, who reserves the right to substitute a prize (or portion thereof) of comparable or greater value (at its sole discretion) for any reason. Any expenses not specifically stated herein, including but not limited to state and local government surcharges, taxes (including federal, state, and local income taxes), other costs, and other expenses relating to the Prize and the use or acceptance of the Prize are the sole responsibility of the winner. Prize is awarded “as is” with no warranty or guarantee, either express or implied, in fact or in law, by Sponsor. All Prize details are in Sponsor’s sole discretion. In no event shall Sponsor’s Prize liability exceed the ARV of the Prize for any reason.
6. Winner Notifications/Prize Awards/Publicity Consents: No entrant is deemed a winner until his/her eligibility has been verified and it is determined that he/she has complied with all terms of these Official Rules. As soon as reasonably practicable following the Drawing Date, potential winners will be notified by Sponsor or Sponsor’s agent via Instagram’s direct messaging system if entered via Instagram or via phone or email if entered via mail-in (“Initial Notification”) and will be required to respond to that Initial Notification with their complete name, address, phone number, email address, and date of birth within 72 hours from the date such Initial Notification was sent or Prize will be forfeited and awarded to an alternate winner. After potential winner responds to the Initial Notification with the information requested, he/she will be issued, via email, an Affidavit of Eligibility and Release of Liability and Publicity (where permitted) (“Affidavit”) and potential winner must complete and return the Affidavit within seven (7) days from date Affidavit is issued. If a potential winner is 18 years of age but considered a minor in his/her state of residence, such potential winner’s parent or legal guardian must complete the Affidavit on such minor’s behalf. Failure by a potential winner to return the Affidavit within the time-period stated above will result in disqualification and the Prize will be awarded to an alternate winner. All Entries become property of Sponsor and will not be returned. By accepting a Prize, winners grant Sponsor and Sponsor’s agents, the right to use their names and likenesses in advertising, publicity and promotion without further compensation or permission, except where prohibited by law. Sponsor is not responsible for technical difficulties with telecommunications systems beyond its control or for changes to a potential winner’s Instagram account, email or mailing address. Potential winners may be required to demonstrate control of the Instagram account associated with a winning Entry from social media Entries. Prizes will be awarded to winners within 4-6 weeks from the date it is confirmed that winners have complied with the above requirements. If any Prize or Prize-related communication is returned as undeliverable, Prize will be forfeited. Sponsor is not responsible for any change of Instagram account, mailing address, e-mail address, and/or telephone number of entrants. Unclaimed or undeliverable Prizes may not be awarded. Failure by a potential winner to respond to the Instagram notification message, phone call, or the email within the specified time-period, the return of a notification as undeliverable, noncompliance with these Official Rules, or Sponsor’s inability to contact a potential winner within a reasonable time-period may result in forfeiture of potential winning status, and an alternate winner will be selected. Sponsor will make up to three (3) attempts to award each Prize, and, if after three (3) attempts a Prize remains unclaimed, the Prize may not be awarded in Sponsor’s discretion. In no event will more than five (5) Prizes be awarded.
7. General: By participating, entrants agree to abide and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters. Entrants further agree to release, discharge and hold harmless Sponsor, Administrator, Instagram, Inc., their respective parent companies, affiliates, subsidiaries, distributors, suppliers and advertising and promotion agencies associated with the Sweepstakes, and all other service agencies involved with the design, execution or fulfillment of this Sweepstakes, and the respective directors, officers, agents and employees of each of the foregoing (collectively, the “Released Parties”) from and against any liability, claims, losses and damages of any kind, including death, to persons or property, arising out of, or relating to, their participation in this Sweepstakes and the acceptance, use, misuse or possession of the Prize (if applicable), including as set out in Rule 9, below. Entrants who Sponsor determines to have not complied with these Official Rules are subject to disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any entrant from this Sweepstakes or any other promotion conducted now or in the future by Sponsor or any of its affiliates if Sponsor suspects or finds entrant to be: (a) violating the Official Rules; (b) tampering or attempting to tamper with the entry process, the operation of the Sweepstakes; (c) acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; or (d) attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants, Sponsor or Sponsor’s representatives. ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR MAY DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING LAWYERS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW, AND TO BAN OR DISQUALIFY AN ENTRANT FROM THIS AND FUTURE PROMOTIONS. All materials submitted become the property of Sponsor and will not be returned. By entering, entrants agree that: (a) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participants’ rights and obligations, and the rights and obligations of the Sponsor in connection with the Sweepstakes, will be governed by, and construed in accordance with, the laws of the United States.
8. Binding Arbitration: Subject to applicable laws, any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Alabama law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this 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. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
SUBJECT TO APPLICABLE LAWS, THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) TO THE EXTENT ALLOWED BY APPLICABLE LAW, ENTRANT WILL NOT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONETARY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW MANDATORY ARBITRATION, WAIVER OF CLASS ACTIONS, THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO RELEVANT PORTIONS OF THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
By entering, entrants agree that: (a) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, and the rights and obligations of the Sponsor in connection with the Sweepstakes, will be governed by, and construed in accordance with, the laws of the State of Alabama, without giving effect to any choice of law or conflict of law rules (whether of Alabama or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than Alabama; and (b) any matters or proceedings which are not subject to arbitration as set forth above in this Section 8 of these Official Rules, and/or are related to entering any judgment on an arbitration award, shall take place in the State of Alabama in Jefferson County.
9. Limitation of Liability: Released Parties do not assume any responsibility for, and the entrant hereby releases and agrees to hold the Released Parties harmless from and against, any and all claims, actions, damages, demands and liabilities of whatever nature or kind arising out of, or in connection with, the entrant’s participation or attempted participation in the Sweepstakes, including, without limitation, the administration of the Sweepstakes, the selection and confirmation of the winner, and the arranging for, awarding of and use of the Prize or portion thereof. Without limiting the generality of the foregoing, the Released Parties are not responsible for (a) the incorrect or inaccurate capture of entry information for any reason; (b) late, lost, stolen, damaged, misdirected, garbled or incomplete Entries, transmissions or transactions, Entries that are altered or otherwise irregular, have been submitted through illicit means or do not conform with or satisfy any or all of the conditions of these Official Rules; (c) any loss, damage, or claims caused by, or in any way related to, the awarded Prize or the Sweepstakes itself; (d) failure of any website associated with this Sweepstakes, or any operations or transmission of information during the Sweepstakes Period, including, without limitation, any problems, human, production or technical errors, lost, delayed, garbled or corrupted data or transmissions, omissions, interruptions, deletions, defects or failures of any telephone or transmission lines, technical malfunctions of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or Entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including, without limitation, any injury or damage to an entrant’s or any other person’s computer related to or resulting from participating in or downloading any material connected to the Sweepstakes, all of which may affect a person’s ability to participate in the Sweepstakes; (e) any typographical or other error or omission in any printing or advertising relating to the Sweepstakes, in the administration or execution of the Sweepstakes, or in the announcement or notification of the winners; (f) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer “hackers” or otherwise; (g) any claims regarding the accepting, arranging for, awarding of or use of the Prize or any portion thereof; (h) electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind; or (i) cheating or fraud by any participant. Entry material/data that has been tampered with or altered is void. Sponsor reserves the right, at its sole discretion, to amend these Official Rules for clarification purposes, at any time, in any way, and without prior notice, without materially affecting the terms and conditions of the Sweepstakes. Without limiting the foregoing, if for any reason the Sweepstakes is not capable of running as originally planned, including should any virus, worm, bug, technical failures, unauthorized human intervention, or other causes corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes, Sponsor reserves the right to modify, terminate or suspend this Sweepstakes. In the event of termination, Sponsor may randomly select the winners from among all eligible, non-suspect Entries received up to date/time of such termination, or up to the date/time of the situation warranting such termination.
10. Winners’ Names: The Sponsor expects to announce the names of the winners on or around September 28, 2020. For the winners’ names (available after winners have been verified), send a self-addressed, stamped, business size (#10) envelope by November 28, 2020 to: Shipt Challenge Winners, 5550 Touhy Ave, Suite 403, Skokie, IL 60077.
12. Rules Govern: In the event of any discrepancy or inconsistency between the Official Rules and disclosures or other statements contained in any Sweepstakes-related materials or made by any representative of Sponsor, these Official Rules shall prevail, govern and control.
13. Severability: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
14. Sponsor: Shipt, Inc., 17 20th Street North, Suite 100, Birmingham, AL 35203
15. Administrator: Promotion Activators Management, LLC, 5550 Touhy Ave, Suite 403, Skokie IL 60077.