Firecakes x Toast TakeOut Sweepstakes (“Sweepstakes”) Official Rules

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility: The Sweepstakes is open to individuals over age eighteen residing in the 50 United States, D.C., or Puerto Rico. Limit one Entry per individual. 

2. Sponsor: The Sweepstakes is sponsored by Toast, Inc., located at 401 Park Drive, Suite 801, Boston, MA 02215 (“Sponsor”). 

3. Agreement to Official Rules: By entering, you indicate your full and unconditional agreement to (a) these Official Rules and (b) Sponsor’s decisions, which are final and binding. Winning a Prize is contingent upon fulfilling all requirements set forth herein.

4. Entry Period: The Sweepstakes begins at 6:30:00 AM Central Time and ends at 9:59:59 PM Central Time on each of the following days: Tuesday, May 21, 2019 - Sunday, May 26, 2019; Tuesday, May 28, 2019 - Sunday, June 2, 2019 ; and Tuesday, June 4, 2019 - Sunday, June 9, 2019 (the “Entry Period(s)”). Entries submitted before or after the Entry Period on a given day will not be eligible. Sponsor’s computer is the official time-keeping device for the Sweepstakes.

5. How to Enter: Download the Toast TakeOut App and place an order on the Toast TakeOut App during the Entry Period at participating Firecakes (“Restaurant”) restaurant locations on every Tuesday - Sunday between May 14, 2019 and June 4, 2019. Alternatively, you may enter the Sweepstakes by filling out the form located on the Sweepstakes landing page:  https://tinyurl.com/firecakes-sweepstakes. A purchase of any menu item or filling out the form on the landing page will be considered an “Entry.”

You may not use an agency or any automated system to enter and Sponsor reserves the right to disqualify any Entries received through such methods. Limit one Entry per person; purchasing multiple items, completing multiple transactions, or entering on multiple Tuesdays will not count as multiple Entries. Your entrance into the Sweepstakes constitutes your (a) agreement to these Official Rules and (b) consent to receiving email correspondence from Sponsor, Restaurant, and their respective parents, subsidiaries, and affiliates, including, without limitation, for marketing purposes.

6. Drawing: On or about the Monday following the Entry Periods between May 20, 2019 and June 10, 2019, Winners will be selected at random from all eligible Entries received. The odds of winning depend on the number of eligible Entries received.

7. Notification and Requirements of Potential Winners: Sponsor will attempt to notify the potential winners via the email address or contact information provided upon entering the Sweepstakes (or used to sign up for a Toast TakeOut App account) within five (5) business days of the drawing. A potential winner may, in Sponsor’s discretion, be required to complete and return certain documents. If a potential winner fails to complete, sign and return these documents by the deadline specified by Sponsor, an alternate entrant may be selected in his/her place in a random drawing of all remaining Entries received. Sponsor takes no responsibility for the accuracy of the information provided above or by a potential winner and all potential winners are encouraged to speak with their own financial advisor about the potential costs and liabilities associated with accepting a Prize.  

8. Prizes.

  • Second Prize: For the May 21, 2019 Entry Period, five (5) winners (“Second Prize Winner(s)”) will receive one Firecakes catering event for home or office, valued at $200 each, redeemable at any location (“Second Prize”).

  • Third Prize: For the May 28, 2019 Entry Period, two (2) winners (“Third Prize Winner(s)”) will receive one private event with the Firecakes food truck, valued at $500 each, restricted destination applies (“Third Prize”).

  • Fourth Prize: For the June 4, 2019 Entry Period, ten (10) winners (“Fourth Prize Winner(s)”) will receive one $100 gift card to Firecakes, redeemable at any location (“Fourth Prize”).

9. Prize Conditions. Prizes are subject to availability. The approximate retail value of each First Prize is $100; the approximate retail value of each Second Prize is $200; the approximate retail value of each Third Prize is $500; the approximate retail value of each Fourth Prize is $100.  

The Second and Third Prize Winner(s) are responsible for coordinating directly with the Restaurant ([email protected]) events contact to schedule and arrange logistics for the catering event and food truck private event. Winners are solely responsible for paying all federal, state, local, and income taxes and any other costs and expenses not expressly covered by Sponsor in these Official Rules. Any prize details not specified above will be determined by Sponsor in its sole discretion. Any other incidental expenses on a Prize not specified herein are the Winner’s sole responsibility. A Prize may not be assigned or transferred and must be accepted as awarded. You may not request cash or a substitute prize; however, Sponsor reserves the right to substitute a Prize with another prize of equal or greater value if the Prize is not available for any reason, as determined by Sponsor in its sole discretion. 

Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor or Restaurant. Winner acknowledges that the Sponsor, Restaurant, and all other businesses affiliated with this Sweepstakes and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative the quality, conditions, fitness or merchantability of any aspect of the Prize being offered. 

10. General Conditions: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way, Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to these Official Rules; or (b) award the Prize at random from among the eligible Entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual who tampers with the operation of the Sweepstakes, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any online Entry, the authorized account holder of the email address used to enter will be deemed to be the participant. The “authorized account holder” is the natural person who is assigned to an 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 email address. The Sweepstakes is subject to federal, state, and local laws and regulations and is void where prohibited. Any attempt by any participant 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 participant's Entries and that participant may be disqualified. Registrations or submissions generated by a script, macro or other automated means are void. In the event of a dispute as to any entrant, the authorized account holder of the email address associated with the Entry will be deemed to be the entrant. Each potential winner may be required to show proof of being the authorized account holder. Entrants who disregard these Official Rules are not eligible to participate in or win the Sweepstakes. Directors, officers, employees, contractors and agents (and their immediate families and household members) of the Sponsor, its parents, affiliates, subsidiaries, advertising and promotion agencies, or any other company involved with the design, production, execution or distribution of the promotion are also not eligible. The Sponsor's determination of eligibility, in its sole discretion, shall be final. The Sweepstakes is void where prohibited and shall be restricted by all applicable federal, state and local laws and regulations that may apply. 

11. Release and Limitations of Liability: By participating in the Sweepstakes, you agree to release and hold harmless Sponsor, Restaurant, and their respective parents, subsidiaries, affiliates; and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any Prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of Entries; or (f) injury or damage to persons or property. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

12. Privacy and Publicity: Any information you submit as part of the Sweepstakes will be used for purposes of this Sweepstakes and treated in accordance with Sponsor’s privacy policy which can be found here: https://pos.toasttab.com/privacy. The Sweepstakes may be held, hosted, or promoted on social media platforms including but not limited to Facebook, Twitter, LinkedIn, or Instagram and any of their affiliated sites (the "Media Platforms"). By participating in the Sweepstakes you hereby agree to adhere to the Terms of Use, Privacy Policy and any other terms governing access to the Media Platforms, their servers, or content. The Sweepstakes is not sponsored or endorsed by the Media Platforms. Except where prohibited, participation in the Sweepstakes constitutes your consent to Sponsor’s use of your name, likeness, voice, opinions, biographical information, and state of residence for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification, or permission.

13. Disputes: You agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes 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 Commonwealth of Massachusetts. 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts.

14. Additional Information: To request more information send a self-addressed stamped envelope to Firecakes x TakeOut Sweepstakes c/o Toast, Inc., located at 401 Park Drive, Suite 801, Boston, MA 02215. Request must be made by July 5, 2019.