OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR RECEIVE A PRIZE. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. CONTEST SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.
These Official Rules apply for the #ELDWChallenge Contest (“Contest”) conducted by Compass Group USA, Inc., 2400 Yorkmont Road, Charlotte North Carolina 28217(“Sponsor”). The Contest will start at 8:00:00 AM. Eastern Time (“ET”) on January 1, 2023 and will end at 11:59:59 P.M. ET on January 31, 2023 (“Promotion Period”). By entering this Contest, you agree to the Terms in these Official Rules.
1. CONTEST ENTRANTS AND PRIZE RECIPIENT MUST BE BOTH (A) LEGAL RESIDENTS OF ONE (1) OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA, AND (B) AGED 18 YEARS OR OLDER AT THE TIME OF ENTRY TO BE ELIGIBLE. Instagram.com is not affiliated with this Contest in any way and is not responsible for the administration of the Contest or the awarding of prizes. All terms and conditions of instagram.com apply. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. Any questions regarding this Contest must be directed to Sponsor and not to Instagram. By entering the Contest, each entrant waives, discharges, and releases Instagram from any and all liability associated with this Contest. By submitting an entry, you understand that you are submitting your information to Sponsor and not to Instagram.
2. THERE IS ONE (1) WAY TO ENTER: To enter: Post or comment on Instagram using the hashtag #ELDWChallenge during the Promotion Period (hereinafter Instagram posts with the #ELDWChallenge hashtag are defined individually as “Entry” and collectively as “Entries”). You may enter as many times as you like during the Promotion Period, but the Contest is limited to one (1) Entry per person. Any Entries received by Sponsor after the Promotion Period will not count as an Entry in this Contest. By sending an Entry, each entrant consents to receive from the Sponsor a reply Instagram message, notifying such entrant that he/she is a potential prize winner. (Entrants should contact their appropriate internet, wireless and/or phone service providers for complete details with respect to message and data rates both for sent and received messages.) Sponsor is not responsible for computer system, phone line, technical, hardware, software, or program failures of any kind, lost or unavailable network connections, incomplete, garbled or delayed computer transmission or network connections that are human or technical in nature. Use of automated devices is not valid for entry. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in this Contest or by any technical or human error which may occur in the processing of the Entries in this Contest. Incomplete, unreadable, inaccurate, unintelligible or late Entries or Entries which otherwise do not comply with these Official Rules will be disqualified. All Entries, upon submission, become the sole property of the Sponsor and will not be acknowledged or returned and the Sponsor has the right to dispose of the Entries at Sponsor’s discretion. Sponsor reserves the right to, in its sole discretion, cancel, modify or suspend the online portion of this Contest (or the entire Contest) should any computer virus, bugs or other technical difficulty or other causes beyond the control of the Sponsor corrupt the administration, security or proper play of the Contest, at which time, the selection of the prize winners will be determined in a random drawing from among all Entries received at the time of Contest termination.
Restrictions on entry content:
- The Entry must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- The Entry must not disparage Sponsor, Released Entities or any other person or party affiliated with the Contest;
- The Entry must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Entry in this Contest;
- The Entry must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- The Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
- The Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Entry is created.
3. SELECTION OF WINNERS: One prize winner(s) will be selected in a random drawing from among all Entries received. The random drawing will be conducted on or about February 1, 2023. The random drawing will be conducted by Sponsor’s Envision Group department, whose decisions on all matters relating to this Contest are final and binding in all respects pertaining to this Contest. Odds of winning depend on the number of Entries received. The Potential prize winner will be notified via Instagram direct message on or about February 1, 2023. Sponsor will send a direct message to the potential winner’s Instagram account used to enter the Contest with instructions on how to claim the prize. In order to receive a direct message from Sponsor, entrants must have your account settings set to allow direct messages. The potential prize winner will be required to respond to such Instagram direct message from Sponsor within forty eight (48) hours of being announced as the potential prize winner or such potential prize winner will be disqualified. If a potential prize winner (i) does not respond to the Instagram direct message as described above, (ii) is found to be ineligible, or (iii) his/her prize notification is returned as undeliverable, such potential prize winner will be disqualified and, at Sponsor’s sole discretion, an alternate potential prize winner may be selected from the remaining Entries. Sponsor is not responsible for fraudulent calls, e-mails, or Facebook, Instagram, or Twitter direct message made to entrants not by the Sponsor. Limit one (1) prize per household.
4. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): There is one prize in the contest, an invitation to a private virtual Teaching Kitchen class with approximate total retail value (ARV) of $75.00. All expenses and costs associated with the acceptance and use of the Prizes are the sole responsibility of the prize winner(s). No cash substitution, assignment, or transfer by winner of any prize permitted. In the event a Prize is unavailable, Sponsor reserves the right to substitute a Prize of equal or greater value. The Prize winner will be solely responsible for all federal, state and local taxes on prizes. The ARV of the Prizes set forth above represents Sponsor’s good faith determination of the retail value thereof, and the actual fair market value, as ultimately determined by Sponsor, is final and binding and cannot be challenged or appealed. In the event the stated ARV of the Prizes are more than the actual fair market value of the prize, the difference will not be awarded in cash or otherwise.
5. CLAIMING PRIZES/RELEASES: Potential prize winner(s) may be required to execute and return a Publicity Release (unless prohibited by law) and a Prize Verification Form to Sponsor within fourteen (14) days of notification. If a selected potential prize winner fails to comply with the Official Rules and/or submit any required documentation within the designated period, such potential prize winner will be disqualified and the prize will be awarded to an alternate potential prize winner in a random drawing from all remaining Entries. All prizes will be awarded provided they are properly claimed.
6. INTERNET: If for any reason this Contest is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right to terminate the Contest. The Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Sponsor due to technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. In the event of a dispute as to the identity or eligibility of a winner based on an Instagram account, the winning entry will be declared made by the “Authorized Account Holder” of the Instagram account at time of entry. “Authorized Account Holder” is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any entrant or potential winner to provide Sponsor with proof that such party is the authorized account holder of the email account associated with the Entry.
7. GENERAL: By entering this Contest, entrants and prize winner(s): (1) agree to be bound by these Official Rules; (2) agree to release Sponsor and the Released Entities from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death arising out of participating in this Contest, or the acceptance, possession, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery; and (3) consent to the use of his/her name, voice, picture, and likeness for advertising and promotional purposes in any medium throughout the world in perpetuity without additional compensation unless prohibited by law, and (4) acknowledge that Sponsor and the Released Entities have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition, or fitness for a particular purpose. Sponsor may discontinue this Contest at any time. Sponsor may terminate any Contest or decide to modify it in any manner that it deems fair and equitable to participants if it becomes aware of any occurrence that would materially affect the Contest’ security and fairness. Sponsor may prohibit individuals from participating in the Contest and disqualify entries if they (1) attempt to enter the Contest through any means other than as described in these Official Rules, (2) attempt to disrupt the Contest or circumvent the terms and conditions of these Official Rules in any way or (3) repeatedly show a disregard for the Contest Official Rules or act (a) in an unsportsmanlike manner, or (b) with an intent to annoy, abuse, threaten or harass any other entrant or Sponsor. Sponsor’s decisions with respect to the Contest are final.
8. SPONSOR’S RIGHT TO PHOTO ENTRIES: By participating, you: (a) irrevocably grant Sponsor, its agents, licensees, and assigns the unconditional and perpetual (non-exclusive) right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your photo Entries as-is or as-edited (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party; and (b) forever waive any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude Sponsor’s use of your photo Entries, or require any further permission for Sponsor to use the photo Entries.
9. LIABILITY AND RELEASE: By participating in this Contest, entrants agree to release and hold harmless Sponsor and the Released Entities from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize hereunder, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) errors in the administration of the Contest or the processing of entries; or (e) injury or death to a person(s) or damage to property which may be result, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or entrants receipt, acceptance, use &/or enjoyment of any prize. In no event shall the Sponsor or the Released Entities be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Sponsor and the Released Entities reserve the right to correct typographic, clerical or printing errors in any Contest materials. Sponsor and the Released Entities are not responsible for any typographical or other error in the printing of this Contest, the administration of the Contest or in the announcement of prize winner(s), including such error as may give an erroneous indication that a prize has been won. In the event the Sponsor or the Released Entities are prevented from continuing with this Contest, or the integrity and/or feasibility of the Contest is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, provincial or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s or the Released Entities’ control (each a “Force Majeure” event) the Sponsor and the Released Entities shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Contest without notice or further obligation. If the Sponsor or the Released Entities, in their discretion, elect to abbreviate, cancel or terminate the Contest as a result of a Force Majeure event, the Sponsor and the Released Entities reserve the right, but shall have no obligation, to award the prizes from among all valid and Entries received up to the time of such Force Majeure event.
10. USE OF INFORMATION: The information that you provide in connection with the Contest may be used for Sponsor’s internal purposes and to send you information about Sponsor’s products and special promotions but will not be provided to third parties, except as necessary for the administration of the Contest or as required by law or legal process. For additional information about Sponsor’s Privacy Policy go to http://compass-usa.com/pages/Privacy-Statement.aspx.
11. DISPUTES: You agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of North Carolina. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules (whether of the State of North Carolina or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of North Carolina.
12. WINNERS LIST: To obtain the names of the prize winner, (available after March 1, 2023) or for a copy of these Official Rules, send a self-addressed, stamped #10 envelope to: #ELDWChallenge Contest attn.: Jennifer Roberts, c/o Compass Group USA, Inc., 2400 Yorkmont Road, Charlotte, NC 28217. Please specify “Official Rules” or “Winners List”. VT residents need not include return postage for Official Rules requests.
