NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Please read these Official Rules (these “Rules”) for the SideChef Sweepstakes (the “Sweepstakes”) sponsored and administered by SideChef Inc. (“SideChef”), having an address at 3413 Mira Vista Circle, San Jose, CA 95132. By participating in the Sweepstakes, you (i) represent that you satisfy all of the eligibility requirements set forth below, and (ii) agree to be bound by these Rules and by the interpretations of these Rules by SideChef, in its sole and absolute discretion, which interpretations are final and binding in all matters relating to the Sweepstakes.
THE SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH FACEBOOK, INC., OR INSTAGRAM, INC., EVEN THOUGH SIDECHEF MAY PROMOTE AND ADVERTISE THIS SWEEPSTAKES USING SERVICES PROVIDED BY EITHER OF THE FOREGOING SOCIAL NETWORKS.
The Sweepstakes is open to legal residents of the United States (50 states and District of Columbia, but specifically excludes the territory of Puerto Rico and other U.S. territories) who are eighteen (18) years old or over as of the date of entry. Employees, directors, members, managers and officers of SideChef and each of SideChef’s affiliates, subsidiaries, advertising or promotional agencies (collectively, “SideChef Affiliates”), and any of their immediate family members (parents, spouses, children, siblings, or grandparents) and/or those living in the same household, are not eligible to participate in the Sweepstakes. You are not eligible to participate in the Sweepstakes if you have been involved in the development, production (including Prize suppliers), implementation and distribution of this Sweepstakes or any of the SideChef websites or mobile applications. Finally, you are also not eligible if you are a government employee as SideChef is committed to complying with government gift and ethics rules.
Sweepstakes entry is open from Monday, 22nd June, 2020 at 12:00am PDT to Friday, 26th June, 2020 at 11:59pm PDT (the “Entry Period”).
NO PURCHASE NECESSARY TO ENTER OR WIN THE PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. There are two methods of entry to the Sweepstakes, as described below.
1. Entry via Instagram:
2. Alternative method of Entry:
All eligible entries must be received in full during the Entry Period. Any entries received after June 26th, 2020 at 11:59 PDT shall be ineligible for participation in the Sweepstakes. Enter as many times as you like.
Entries that are incomplete, illegible or corrupted are void and will not be accepted. Any person who supplies false information, enters by fraudulent means, or is otherwise determined to be in violation of these official rules in an attempt to obtain the Prize will forfeit the Prize won and may be prosecuted to the fullest extent of the law. Entries generated by a script, macro or other automated means will be disqualified. SideChef is not responsible for lost, late, incomplete, illegible, incomprehensible or misdirected entries, bugs, failures in servers, hardware or software transmission failure or loss or delayed or corrupted data transmissions, or any injury or damage to an entrant's or any other person's mobile device related to or resulting from participation in the Sweepstakes. All entries will become the property of SideChef and none will be returned.
Neither SideChef nor SideChef Affiliates are responsible for technical, hardware, software, or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by SideChef or SideChef Affiliates, the user or by any of the equipment or programming associated with or utilized in this Sweepstakes, or by any human error which may occur in the processing of the entries in this Sweepstakes and which may limit a participant's ability to participate in this Sweepstakes.
On or about Monday, 29th June, 2020 (the “Drawing Date”), SideChef will select one winner to receive the Prize by selecting an eligibly entry at random from the pool of eligible entries. The winner will be notified via Instagram Direct Message, or by email or telephone, that he/she, subject to verification, is a Prize winner. If a winner cannot be reached after a reasonable effort has been made during three (3) business days from SideChef’s first attempt, or if an entrant is found to be ineligible or is otherwise in violation of these Rules, or if any Prize or Prize notification is returned as undeliverable, an alternate winner may be selected in the same manner in which the first winner was selected.
Within ten (10) days of SideChef sending such notification, the winner must notify SideChef, via Instagram direct message, email or U.S. registered mail, that he/she has accepted the Prize. SideChef is not responsible or liable in any manner for late, lost, misdirected or unsuccessful efforts to notify any winner. The Prize will be awarded only if SideChef has verified that the winner has (i) complied with these Rules and (ii) completed, signed and returned to SideChef an Affidavit and Release Form (the “Affidavit”) within five (5) days of receipt of the Affidavit. If such person fails to complete, sign and return the Affidavit to SideChef within such period, SideChef reserves the right to void such person’s entry and select another winner. By completing, signing and returning the Affidavit, the winner (a) confirms his/her compliance with these Rules, (b) releases and forever discharges SideChef, SideChef Affiliates, and each of its and their respective managers, members, officers, employees, and advertising and promotional agencies from all claims, demands, damages, actions and causes of action arising by reason of the acceptance or use of the Prize or travel to and from any location to obtain or use the Prize, and (c) except as limited by law, gives permission to SideChef, at its option, to publish or otherwise use the winner’s name, city and state, photograph, voice and comments, without compensation, in any publicity carried out by SideChef or its advertising agencies. In addition, except where prohibited by law, the winner consents to being photographed, filmed, taped and/or interviewed in connection with the Sweepstakes, and the winner hereby grants to SideChef and SideChef Affiliates full permission and consent to utilize any of the results of such photographing, filming, taping and/or interviewing in any and all media now known or hereafter devised and hereby release SideChef and SideChef Affiliates from all liability related thereto.
The prize awarded to the winner of the Sweepstakes shall be one (1) of eight (8) SideChef Premium Annual Subscriptions valued at $49.99.
No transfer, cash equivalent or Prize substitution is allowed, except at SideChef’s sole discretion. Decisions made by SideChef are final in all matters, including interpretation of these Rules and awarding of the Prize. In the event of unavailability of the Prize or any part thereof, SideChef may substitute an alternative prize of equal or greater value at its sole discretion.
The odds of winning depend upon the number of eligible entries received.
A list of the winners will be made available for 12 months after award of the Prize by sending an email to email@example.com.
All federal, state and local taxes are the sole responsibility of the winner. The Winner should consult with his/her tax professional regarding potential tax implications.
By entering the Sweepstakes, each individual (a) represents and warrants that (i) he/she has read, and agrees to be bound by, these Rules and any applicable policies or procedures posted by Facebook and/or Instagram as applicable, (ii) based on these Rules, he/she is eligible to participate in the Sweepstakes, and (iii) all of the information provided as part of his/her entry is accurate, does not violate any third party’s legal rights (including, without limitation, rights of privacy and publicity), and otherwise does not violate applicable law; and (b) acknowledge that the Sweepstakes is in no way sponsored, endorsed, administered by or associated with Facebook and/or Instagram.
Participants agree that by participating in the Sweepstakes they release SideChef, SideChef Affiliates, and each of its and their respective managers, members, officers, and employees, from any liability in connection with: (a) entries that are ineligible as a result of being lost, late, illegible, damaged, incomplete, stolen, postage due, or misdirected; (b) any typographical or other human or technical errors in the offer or administration of the Sweepstakes, including but not limited to errors in advertising, these Rules, the selection and announcement of the winner, or the distribution/awarding of the Prize; (c) any omission, interruption, deletion, defect, delay, misdirection, damage, injury, technical malfunctions or traffic congestion on the Internet/telephone network, or at any website, or any combination thereof. If this Sweepstakes is not capable of running as planned, including, because of any infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or other cause beyond SideChef’s control which corrupts or threatens to corrupt or adversely affects the administration, security, fairness, integrity or proper conduct of the giveaway, SideChef reserves the right, in its sole discretion, to cancel, suspend and/or modify this giveaway and SideChef can select a winner from among all eligible entries received prior to such cancellation, suspension or modification of the Sweepstakes.
Each entrant further agrees to not knowingly: damage or cause interruption of the Sweepstakes; prevent others from using the Sweepstakes; or obtain or modify another user's non-public account information without their consent. Submission of an entry is an acknowledgment of, and agreement to be bound by all terms and conditions of these Rules. In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the authorized account holder of the Instagram account submitted at time of entry (unless submitted by alternative means of entry in which case the email address holder shall be deemed the individual who has submitted the entry). An authorized account holder is defined as the natural person who is assigned to an Instagram account by Instagram that is responsible for assigning Instagram accounts.
CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR APP OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL AND/OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SIDECHEF MAY DISQUALIFY ANY SWEEPSTAKES ENTRANT MAKING SUCH ATTEMPT AND SIDECHEF MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
THE SWEEPSTAKES IS PROVIDED, AND THE PRIZE WILL BE PROVIDED, BY SIDECHEF ON AN “AS IS,” “AS AVAILABILE” BASIS. SIDECHEF DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE PRIZE OR THE SWEEPSTAKES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SIDECHEF DOES NOT REPRESENT OR WARRANT THAT THE SWEEPSTAKES OR THE TECHNOLOGY USED TO PROVIDE IT: (I) WILL BE UNINTERRUPTED OR SECURE; OR (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS.
By participating in the Sweepstakes and, if the winner, by accepting the Prize, the participant agrees to release, indemnify, defend and hold harmless SideChef, Facebook, Instagram, and each of their respective parent companies, subsidiaries, affiliates, related companies, licensees, assigns, promotional partners and the respective officers, directors, managers, members, employees, agents, successors, licensees and assigns of each of the foregoing from and against any and all liability whatsoever for any loss, harm, damage, injury, cause of action, claim, cost or expense (including, without limitation, any property damage, personal injury and/or death) arising out of or in connection with participation in the Sweepstakes, including, without limitation, acceptance, use or misuse of the Prize.
As a condition of participating in the Sweepstakes, each participant agrees that: (i) under no circumstances will he/she be permitted to obtain an award for, and he/she hereby waives all rights to claim, punitive, incidental, consequential or any other indirect damages; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event shall any claim, judgment or award include attorneys’ fees or any equitable or injunctive relief.
As some states or jurisdictions, including the state of New Jersey, do not allow the exclusion or the limitation of liability for consequential or incidental damages, the liability of SideChef shall be limited to the maximum extent permitted by law. Nothing in these rules shall affect any non-waivable statutory rights that apply to an entrant.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of entrants or SideChef in connection with the Sweepstakes will be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. Entrants hereby consent to exclusive jurisdiction and venue of the courts located in San Francisco County, California in any action to enforce (or otherwise relating to) these Rules or relating to this Sweepstakes. All federal, state, provincial and local laws and regulations apply. Any provision of these Rules deemed unenforceable will be enforced to the fullest extent permissible, and the remainder of these Rules will remain in effect.
This Sweepstakes is not endorsed by Facebook, Instagram, or any third party, and none of the foregoing are responsible for anything that may happen to participants who enter in this Sweepstakes.
SideChef reserves the right to modify these Rules in any way or at any time upon reasonable notice.
By entering this Sweepstakes, you agree to receive newsletters and other promotional material from SideChef. You may update your newsletter subscription preferences, and may opt-out of marketing emails altogether, upon receipt of any newsletter email from SideChef.
“SIDECHEF” and all of the related pages, contents and code are ©2020 SideChef, Inc. Copying or unauthorized use of any copyrighted material or trademarks without the express written consent of its owner is strictly prohibited. All rights reserved.