Valentine’s Day: Giveaway Official Rules (the “Official Rules”)
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM.
1. SPONSOR: The sponsor of the survey giveaway (the “Giveaway”) is Toast, Inc. located at 401 Park Drive, Suite 801, Boston, Massachusetts 02215 (“Sponsor”).
2. AGREEMENT TO OFFICIAL RULES: By entering the Giveaway, you indicate your full and unconditional agreement to (a) these Official Rules, and (b) Sponsor’s decisions, which are final and binding. Winning the Prize (as defined in Section 7 of these Official Rules) is contingent upon fulfilling all requirements set forth herein.
3. SCHEDULE: The Giveaway begins at 9:00 AM ET on February 14, 2023 and ends at 11:59 PM ET on February 14, 2023 (the “Entry Period”). Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official time-keeping device for the Giveaway. It is each individual’s responsibility to observe time zone differences.
4. HOW TO ENTER: To enter: (1) follow Sponsor on Instagram and (2) tag an individual in a comment (each, a “Post”). Alternatively, you may enter the Sweepstakes 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 Sweepstakes constitutes your agreement to these Official Rules.
5. ELIGIBILITY: Eligibility to participate in the Giveaway or win the Prize is limited to individual persons at least eighteen (18) years of age at the beginning of the Entry Period who have received a link via electronic mail directly from Sponsor inviting the individual to participate in the Survey. Limit one (1) Entry per individual. Multiple participants are not permitted to share the same email address. 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 natural person associated with the name and email address provided on the Survey shall be deemed to be the entrant. The email address provided on the Survey must match the email address to which a link to the Survey was sent by or on behalf of the Sponsor. The potential winner of the Prize may be required to show proof of identity. All responses to questions presented in the Survey must be true, accurate, and complete to the best of the entrant’s knowledge. Entrants who disregard these Official Rules are not eligible to participate in or win the Giveaway. Directors, officers, employees, contractors and agents (and their immediate families and household members) of the Sponsor, its parent, affiliates, subsidiaries, advertising and promotion agencies, or any other company involved with the design, production, execution or distribution of the Survey are also not eligible. The Sponsor's determination of eligibility, in its sole discretion, shall be final. The Giveaway is open to legal residents of the 50 United States, the District of Columbia, and Puerto Rico. The Survey is void where prohibited and shall be restricted by all applicable federal, state and local laws and regulations that may apply. The Sweepstakes is void where prohibited and shall be restricted by all applicable federal, state and local laws and regulations that may apply.
6. SELECTION OF WINNER:
Sponsor will select One (1) winner at random from eligible entries received (“Winner”). All entries must be submitted by the due date and time referenced in Section 3. The Sponsor will attempt to notify the Winner by commenting directly on the applicable Post or via Direct Message by no later than 12:00 PM ET on February 16, 2023. Winners will have seven (7) days to acknowledge receipt of the winning notification. If the Prize is not claimed within the seven (7) day time limit, Sponsor will select an alternate Winner at random from eligible entries received.
Winners may be required to sign an eligibility statement and release. The Prize will either be delivered to the winner by mail or other courier service or electronically to the email address set forth on the winning submission, as determined by the Sponsor in its sole discretion. If the winner does not meet the eligibility criteria set forth in these Official Rules, or does not claim the Prize (to the extent applicable), the Sponsor will select an alternative potential winner.
7. PRIZE: The Sponsor will award each Winner a Prize consisting of a $500.00 Toast Cash Dining Code (“Prize”). The Prize has an approximate retail value of Five Hundred Dollars ($500.00). Redemption of the Prize may be subject to additional terms, conditions, and restrictions of Toast Cash Dining Code or gift card issuer then in-effect. Sponsor is not responsible if the Prize is lost, stolen, destroyed or used without permission. If the Prize is lost or stolen, it will not be replaced.
Prize subject to availability. The winner 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 rules. Any Prize details not specified above will be determined by Sponsor in its sole discretion. Any other incidental expenses on 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 these Official 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).
8. GENERAL: The Giveaway and these Official Rules will 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. Entrants consent to the jurisdiction and venue of the federal, state, and local courts located in the Commonwealth of Massachusetts. In the event that the operation, security, or administration of the Giveaway is impaired in any way, Sponsor may, in its sole discretion, either: (a) suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to these Official Rules; or (b) select from the eligible entries received up to the time of the impairment based on the order in which Surveys were completed. Sponsor reserves the right in its sole discretion to disqualify any individual who tampers with the operation of the Giveaway, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner. Sponsor reserves the right to seek damages from any person who seeks to undermine the legitimate operation of the Giveaway. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision.
9. ONLINE ENTRIES: All entries must be submitted online through the method provided in the Survey. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. Sponsor shall not be responsible for incorrect or inaccurate transcription of entry information, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or website, inability to submit the online form, or any other error or malfunction, or any injury or damage to entrant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Giveaway, or for late, lost, stolen, illegible or misdirected entries. If this Giveaway or any website associated therewith (or any portion thereof) becomes corrupted or otherwise does not permit entry in the Giveaway, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity, or proper operation of this Giveaway, Sponsor reserves the right, at its sole discretion, to disqualify any entrant implicated in such action, and/or to cancel, terminate, modify or suspend this Giveaway or any portion thereof.
10. RELEASE AND LIMITATION OF LIABILITY: By participating in the Giveaway, you agree to release and hold harmless Sponsor and its parent, subsidiaries, affiliates; and each of their respective officers, directors, employees, and agents, and Instagram (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Giveaway or receipt or use of the Prize, including, but not limited to: (a) unauthorized human intervention in the Giveaway; (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 Giveaway 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 Giveaway 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.
11. PRIVACY AND PUBLICITY: Any information you submit as part of the Giveaway will be used for purposes of this Giveaway and for the Sponsor’s general business purposes in accordance with Sponsor’s Privacy Statement which can be found here: https://pos.toasttab.com/privacy. Except where prohibited by law, participation in the Giveaway 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.
12. CAUTION. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.