Grocery Outlet – Suzy Hendrix Collab
GROCERY OUTLET & SUZY HENDRIX COLLABORATION INSTAGRAM SWEEPSTAKES
GROCERY OUTLET GIVEAWAY
Official Terms and Conditions
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE OR RECEIVE A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF RECEIVING A PRIZE. VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW. THIS PROMOTION IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW.
1. SWEEPSTAKES PERIOD: The Giveaway begins at 7:00 p.m. Pacific Standard Time (PST) on November 15, 2023, and ends at 11:59:59 p.m. Pacific Standard Time (PST) on November 22, 2023 (the “Entry Period”).
2. ELIGIBILITY: Open to legal residents of Washington, Oregon, California, Nevada, Idaho, Pennsylvania, Ohio, New Jersey, and Maryland who are at least eighteen (18) years or older at the time of the Promotion (“Eligible Person”). Employees, contractors, agents, directors, and officers of Sponsor and each of its parent, subsidiaries and affiliates, distributors, sales representatives, retailers, advertising, and companies involved in the implementation and execution of the Promotion (collectively, “Promotion Entities”) and each of their respective immediate family members (i.e., spouse, parent, child, sibling and the “steps” of each) and persons living in the same household of each are not eligible to participate. Void where prohibited or restricted by law. By participating in this Promotion, an individual who meets the eligibility requirements and participates agrees to be bound by these Terms and agrees that the decisions of Sponsor shall be final and binding in all matters pertaining to the Promotion. All federal, state and local laws and regulations apply.
3. HOW TO ENTER THE SWEEPSTAKES: During the Sweepstakes Period, an Eligible Person must:
(1) log in to their Instagram account (or create an account if they do not already have one at www.Instagram.com
(2) ensure account settings allow Sponsor to view account posts and comments (i.e., your account is public);
(3) follow on Instagram: @grocery_outlet (https://www.instagram.com/grocery_outlet) and @happytummy_702 (https://www.instagram.com/happytummy_702 through the Sweepstakes Period;
(4) locate the promotion-specific post posted on Suzy Hendrix’s (@happytummy_702) Instagram Reel post at https://www.instagram.com/happytummy_702, and successfully “like” the post,
(5) In the comment section of the promotion-specific post, tag @handle of two friends
By following the foregoing instructions during any given Entry Period, Eligible Person shall receive one (1) entry into the Sweepstakes (“Entry”). Upon submission of an Entry, Eligible Person will be entered into the Sweepstakes (each, an “Entrant”).
Entrants must follow and continue to follow @happytummy_702 through at least December 6, 2023 to be notified in the event he/she is a potential winner.
Entry Limit: One (1) Entry per Entry Period, per person. To enter, Eligible Persons must have an Instagram account to participate in the Sweepstakes. By submitting an Entry, Entrants agree to Instagram’s Terms of Service. This promotion is in no way sponsored, endorsed, or administered by, or associated with, Instagram, Inc., or META Platforms, Inc. BY SUBMITTING AN ENTRY, YOU ACKNOWLEDGE THAT THE ENTRY MAY BE USED IN AND/OR IN CONNECTION WITH SPONSOR’S ADVERTISING, INCLUDING ON ITS WEBSITE AND SOCIAL MEDIA CHANNELS, IN SPONSOR’S DISCRETION. Submission of an Entry grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right (but not the obligation) to publish, use, and publicly display the Entry in any way, in any and all media, without limitation, and without consideration or notification to you. Entrants attempting to use multiple Facebook accounts will be disqualified, at Sponsor’s sole discretion. Entries received from any individual in excess of the stated limitation will be void.
All Entries must comply with the following guidelines and may not contain, as determined by Sponsor’s sole discretion, any content that:
• Is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; obscene or offensive; endorse any form of hate or hate group;
• Promotes irresponsible or excessive consumption of alcohol; promotes illegal drugs, tobacco, firearms/weapons or any particular political agenda or message;
• Include any materials relating to lotteries or gambling;
• Defames, misrepresents or contains disparaging, libelous, tortious, or slanderous remarks about other people, companies, or Sponsor;
• Contains trademarks, trade names or copyrighted materials owned by others, except those owned by Sponsor for which Sponsor has provided Entrant a limited license to use as it relates to the Sweepstakes;
• Contains copyrighted materials owned by others (including, but not limited to photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission; Sponsor does not permit the infringement of others’ rights and any use of materials not original to the Entrant (except copyrighted materials owned by Sponsor) is grounds for disqualification from the Sweepstakes;
• Contains materials embodying the names, likeness, photographs, or other indicia identifying any person, living or dead, without permission;
• Communicates messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
• Contains any personal identification, such as license plate numbers, personal names (other than just first name), email or street addresses;
• Communicates messages inconsistent with the positive images and/or goodwill with which Sponsor wishes to associate; and/or
• Violates any law or infringes upon the rights of any other person or company.
Sponsor and Administrator reserve the right to disqualify any Entry deemed inappropriate in nature as determined by Sponsor at Sponsor’s sole discretion. If you think an Entry infringes your intellectual property rights, click on the applicable link if you wish to report it:https://help.instagram.com/2922067214679225. Sponsor reserves the right to waive these Sweepstakes Entry guidelines in its reasonable discretion. Sponsor reserves the right, in its reasonable discretion, to request that you resubmit your Entry if Sponsor determines that your Entry fails to comply with these Official Rules. By submitting an Entry you warrant and represent that it (a) is your original work (or you have the necessary permission from the individual who took any posted photos to post the Entry); (b) has not been previously published; (c) has not won previous awards; (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (e) that publication of the Entry via various media, including web posting, will not infringe on the rights of any third party rights. You agree to indemnify and hold harmless Sponsor from any claims to the contrary.
4. ODDS: Odds of winning depend upon the number of eligible Entries received during that corresponding Entry Period’s winner selection outlined in Section 2 of these Official Rules.
5. WINNER SELECTION AND NOTIFICATION: During each of the “Winner Selection / Notification” dates set forth in Section 2 of these Official Rules, Sponsor or Administrator will randomly select one (3) potential winners from among all eligible Entries received during each of the Entry Periods. To collect the Entries, the Sponsor or Administrators will manually scroll down the Post and count the number of entries for the Entry Period. Each entry is assigned a number. An online number picker will be used to select 3 numbers (to represent first, second the third place) from all the total number of eligible Entries collected during the Entry Period. By submitting an Entry, each Entrant consents to receive from the Sponsor’s designated representative a notification message through Instagram notifying such Entrant if they are a potential Prize winner.
Potential winners will be notified via a private message to their Instagram account with further instructions on how to claim the Prize (defined below). Within five (5) days of Sponsor’s notification, potential winner eligible for a Prize must supply Sponsor with any requested information for the administration of the Sweepstakes. Potential winner is subject to verification, including verification of age. If a potential winner is found not to be eligible or not in compliance with these Official Rules, or if Prize notification is returned as undeliverable, the potential winner will be disqualified. In the event that a potential winner is disqualified for any reason, or fails to supply Sponsor with the requested information within five (5) business days, Sponsor reserves the right to award a Prize (defined below) to an alternate Entrant chosen by random draw. Potential winners may be required to sign and return within five (5) business days an Affidavit of Eligibility, Release and Indemnification, and a Publicity Release where allowed by law (“Winner Documents”) as well as an IRS Form 1099. In the event that (i) a winner notification is returned as undeliverable or fails to send, (ii) response to the winner notification is not received within five (5) days of notification, (iii) the Winner Documents are not returned to Sponsor within the specified time period of five (5) days, (iv) potential winner cannot be contacted for any reason, or (v) if a potential winner does not comply with these Official Rules, they may, at Sponsor’s sole discretion, be disqualified, and the Prize (defined below) they may have been entitled to will be forfeiter. If a Prize is forfeited, for any reason, an alternate potential winner may be selected in a random drawing from all remaining Entries received during the respective Entry Period. Sponsor and/or Administrator’s decisions are final in all matters relating to this Sweepstakes.
6. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): There will be three (3) prizes, each consisting of one (1) Grocery Outlet Gift Card valued at two hundred U.S. dollars ($200) (“First Prize”), one (1) Grocery Outlet Gift Card valued at one hundred U.S. dollars ($100) (“Second Prize”), and one (1) Grocery Outlet Gift Card valued at seventy five U.S. dollars ($75) (“Third Prize”),. Total ARV of all Prizes: $375.00. Use of the Prize is subject to all terms and conditions available on the back of the gift card. Sponsor will not replace gift cards for any reason including but not limited to those that are lost, stolen, damaged, destroyed, defaced or used without permission. Prizes are nontransferable, and no substitution will be made except as provided herein at Sponsor’s sole discretion. Sponsor reserves the right to substitute a Prize, or component thereof, for one of equal or greater value if the designated Prize should become unavailable for any reason. Winner may not use or redeem the Prize value for cash, cash substitutes (wires, money transfers, bill pay services, or similar), or for any purchase in a manner prohibited by law.
Prize Limit: Limit one (1) Prize per person/account.
7. [HOW TO CLAIM A PRIZE: Each potential winner will also be required to respond to an Instagram message within the time period stated with the information requested, which may include, but is not limited to, his or her mailing address (P.O. Boxes are not permitted). If the potential winner fails or refuses to provide the information requested by the date stated in the Prize notification message, the potential winner may be disqualified. In the event that the Instagram message or any other winner notification is not received within the stated time period, or if a potential winner does not comply with these Official Rules, he or she may, at Sponsor’s sole discretion, be disqualified, and the Prize they may have been entitled to will be forfeited. If a Prize is forfeited for any reason, an alternate potential winner may be selected in a random drawing from all remaining non-winning Entries received during the appropriate Entry Period.
Prize will be mailed to the address that the respective winner provided when responding to the winner’s Instagram message.
8. DISQUALIFICATION: If an Entrant is found to be ineligible, or if they do not comply with the Official Rules, then such Entrant will be disqualified. In the event a potential winner is deemed ineligible or disqualified, then an alternate potential winner may be selected via a random drawing from the remaining pool of remaining eligible Entries received during the given Entry Period.
9. PUBLICITY: Participation in the Sweepstakes constitutes a winner’s consent to Sponsor’s and its agents’ use of such winner’s name, likeness, Entry, photograph, voice, opinions and/or hometown and state for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without payment, notification, permission or other consideration, except where prohibited by law.
10. TAXES: Sponsor makes no representations about the tax consequences of being selected as the winner and receiving a Prize. No part of the Prize or its equivalent cash value will be subject to withholding by Sponsor for the payment of any taxes. Sponsor will report amounts received by the recipient of Prize by filing Form 1099 MISC with the Internal Revenue Service as required by law. Winner must provide the Sponsor with valid identification and a signed IRS Form W-9 before the Prize will be awarded. By participating in this Sweepstakes, Entrants agree that they will be solely responsible for all (i) all applicable federal, state, and/or local taxes, and for any fees or costs associated with the Prize awarded, and (ii) reporting and paying any and all applicable taxes. You must contact your own tax advisor for any questions concerning taxes.
11. LIMITATION OF LIABILITY: By participating in this Sweepstakes, Entrants agree that the Sweepstakes Entities and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (1) lost, late, incomplete, stolen, misdirected, postage due or undeliverable notifications or postal mail; (2) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; (3) garbled, corrupt or jumbled transmissions, service provider/Internet/website accessibility, availability or traffic congestion; (4) or any technical, mechanical, printing or typographical or other error; (5) unauthorized human intervention in any part of the Sweepstakes or the processing of Entries; or (6) the failure to capture or loss of any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Sweepstakes, and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to any Sweepstakes-related website(s) and/or platform. This Sweepstakes is subject to all applicable federal, state and local laws and regulations.
Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
By entering the Sweepstakes, each Entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor and Administrator, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iv) to forever and irrevocably agree to release, defend, indemnify and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including but not limited to any Sweepstakes-related activity or element thereof, and the Entrant’s Entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) typographical or printing errors in these Official Rules or any Sweepstakes materials; (d) acceptance, receipt, delivery of, possession, defects in, use, nonuse, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof); (e) any change in prizes (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including but not limited to any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action[s], regulation[s], order[s] or request[s] prove[s] to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules; (f) any interruptions in or postponement, cancellation or modification of the Sweepstakes; (g) human error; (h) incorrect or inaccurate transcription, receipt or transmission of any part of any Entry; (i) any technical malfunctions or unavailability of a platform, website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider or mail service utilized by any of the Released Parties or by an Entrant; (j) interruption or inability to access the Sweepstakes or any online service via the Internet due to hardware or software compatibility problems.
Without limiting the foregoing, everything regarding this Sweepstakes, including any Prize components, are provided “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or noninfringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
12. DISPUTES: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of California or the appropriate California State Court located in Alameda County, California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Sweepstakes, shall 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 (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. Entrants agree that the statute of limitations for asserting any claims shall be a period of one (1) year from the time the cause of action accrued, or the cause of action shall be forever barred.
14. GENERAL: Any attempted form of participation in this Sweepstakes other than as described herein is void. In the event of a dispute as to the identity of a winner, the winning Entry will be declared made by the authorized account holder of the email address associated with Facebook account used to submit an Entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. All Entries and/or materials submitted will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules, the details of the Sweepstakes as set forth in these Official Rules shall prevail. Sponsor reserves the right to modify, cancel or terminate the Sweepstakes in its sole discretion.
15. WINNERS LIST: To request a list of winners, interested individuals should send an email to: email@example.com and must indicate in the subject line: Grocery Outlet x Suzy Hendrix Giveaway – Winners List Request. Winners list requests must be received by no earlier than November 23, 2023 and no later than December 6, 2023.