Online Ordering Contest (the "Contest")

Official Rules


NO PURCHASE NECESSARY. A purchase will not increase your chances of winning.


Sponsor

This contest is sponsored by Toast, Inc., located at 401 Park Drive, Suite 502, Boston, MA 02215 (“Sponsor” or “Toast”). 


Entry

To enter: (1) follow @toasttab on Instagram; (2) like Toast’s ‘call for entries’ post on Instagram; and (3) tag a Toast restaurant that you’d like to order from all year in the comment section of Toast's 'call for entries' post on Instagram (a “Post”). The restaurant nominated must be an existing Toast customer. Entries must be posted on a public social media profile. Entering with the same Post on multiple social media channels on the same day will not count as multiple Entries. Each Post will be considered an “Entry.” By entering, you indicate your full and unconditional agreement to these Official Rules and Sponsor’s decisions regarding the Contest. Limit one (1) Entry per individual. However, an additional Entry can be earned by following @toast_tab on Tik Tok (“AdditionalEntry”).

Alternatively, you may enter the Contest by emailing your name and contact information to [email protected]. A social media Post or an email 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. Your entrance into the Contest constitutes your agreement to these Official Rules.


Eligibility

Eligibility to participate in the Contest or win the Prize is limited to individual persons at least eighteen (18) years of age at the beginning of the Entry Period. Limit one (1) Entry and one (1) Additional Entry per individual. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email 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 natural person associated with the name and email address provided on the Post shall be deemed to be the entrant. The potential winner of thePrize may be required to show proof of identity. Entrants who disregard these Official Rules are not eligible to participate in or win the Contest. Directors, officers, employees, contractors and agents (and their immediate families and household members) of theSponsor, its parent, affiliates, subsidiaries, advertising and promotion agencies, or any other company involved with the design, production, execution or distribution of the Contest are also not eligible. Additionally, a restaurant cannot nominate themselves, nor can an employee, director, officer, contractor, or agent (and immediate family and household member) of that restaurant. The Sponsor's determination of eligibility, in its sole discretion, shall be final. The Contest is open to legal residents of the 50 UnitedStates, the District of Columbia, and Puerto Rico. The Contest is void in Rhode Island and where prohibited and shall be restricted by all applicable federal, state and local laws and regulations that may apply.


Entry Period

Entries must be received no later than 11:59PM ET on September 15, 2023 to be eligible. Sponsor’s computer is the official time-keeping device for the Contest.


Winner Selection

Once the Entry Period has ended, Toast will randomly select one (1) winner, which will include the restaurant that was nominated(“Restaurant Winner”) and the individual associated with the nominating Post for the Restaurant Winner (“Nominating Post Winner”)(each a “Winner” and together “Winners”). Winners will be notified on or about September 20, 2023. Nominating Post Winner will be notified via direct message to their Instagram account. Restaurant Winner will be notified either via direct message to the Instagram account that Nominating Post Winner tagged or via email.

Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability and publicity release. A potential winner will be required to complete and return an Affidavit of Eligibility, liability/publicity release, and/or W-9 form.Recipients of prizes valued at more than $600 must provide Sponsor with their social security number or applicable tax identification number in accordance with IRS regulations to enable the Sponsor to issue a Form 1099-Misc. If a potential winner fails to complete, sign and return these documents within five (5) business days, an alternate entrant may be selected at random in his/her place. Only three (3) alternate potential winners may be contacted.


Prizes

The Winners will receive Prizes as follows:


  • Restaurant Winner 
    • Free Toast Online Ordering Pro software for one (1) year


  • Nominating Post Winner 
    • Free online ordering for one (1) year in the form of $2,600 in Toast Cash ($50 x 52 weeks)


Prize Conditions

The Prize is subject to availability. The Winner(s) is 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 for the Prize not specified herein are the winner’s sole responsibility.

The 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 (and such prize will be deemed the Prize for all purposes under theseOfficial Rules). The Prize will be awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).

Except where prohibited by law, Entry and/or Additional Entry and acceptance of a Prize constitute permission to use Winner's name, prize won, hometown, likeness, video tape, photographs, and statements 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.


Release and Limitations of Liability

By participating in the Contest, you agree to release and hold harmless Sponsor and its parents, subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents, Instagram, and Tik Tok (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of Entries and/or Additional Entries; or (f) injury or damage to persons or property. You further agree that in any cause of action, 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.


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 Boston, MA. 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 Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Massachusetts, without giving effect to any choice of law or conflict of law rules (whether of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Massachusetts.


Additional Terms

Except where prohibited by law, by accepting any prize, each Winner consents to the use of his/her name, image and/or likeness, biographical information, winning Entry and/or Additional Entry, and statements attributed to Winner (if true) for advertising and promotional purposes in any medium without additional compensation to or permission from Winner. All Entries and Additional Entries become property of Toast, Inc. and such information shall be processed in accordance with Toast's Privacy Policy. In the event that the operation, security, or administration of the Contest is impaired in any way, Sponsor may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest; or (b) award the prizes at random from among the eligible Entries and Additional Entries received up to the time of the impairment. Sponsor reserves the right to extend the Entry Period if it does not receive a sufficient number of Entries and/or Additional Entries (as determined by Sponsor, in its sole discretion) by the date set forth above. Sponsor reserves the right, in its sole discretion, to disqualify and seek damages from any individual who tampers with the operation of the Contest, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. The Contest is subject to federal, state, and local laws and regulations and is void where prohibited.