Sweepstakes Official Rules - ChowNow
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Birdie G’s Smorgasbird Giveaway (the “Promotion”).

1. NO PURCHASE NECESSARY TO ENTER OR WIN.

2. HOW TO ENTER. Beginning on November 18, 2022 at 12 AM, Pacific Standard Time (PST) through December 1, 2022 at 11:59 PM, PST (the “Promotion Period”), log on to Instagram for the Birdie G’s Smorgasbird Giveaway and follow the entry instructions as outlined in ChowNow’s (“Sponsor”) post regarding the Birdie G’s Smorgasbird Giveaway.

You will be required to comment and tag a friend (one per comment) on the giveaway post. The registered name and email address provided must match the winner’s information associated with the account that engaged in the Promotion activity.

If you do not comply with the registration requirements and/or meet the eligibility requirements, you cannot participate in the Promotion and are not eligible to win.

Use of any robotic, automatic, programmed, or similar entry method or entering more than the number of times permitted will void all entries and result in disqualification. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent these Official Rules.

3. ELIGIBILITY. Open to residents of the 50 United States and Washington D.C., 21 years of age and older as of the beginning of the Promotion Period. Void where prohibited. Travel, lodging and any other expenses outside of the Grand Prize not provided. Winners will be responsible for their own transportation to and from the Promotion event.

4. DRAWING. A random drawing will be conducted on December 1, 2022 at 12 PM PST for two (2) Grand Prize winners.

Odds of winning depend on the number of entries received. Potential winners will be notified by Instagram, email or phone and must confirm acceptance of the prize, and if applicable sign and return any required Affidavit of Eligibility and Release, within 24 hours of the date notice is sent or such other date set by Sponsor. Failure to respond within the applicable time period will result in forfeiture of prize and Sponsor shall have the option to award the prize to an alternate winner. The return of any prize notification or prize as undeliverable may result in disqualification and an alternate winner may be selected. By entering this Promotion, entrant accepts and agrees to these Official Rules and the decisions of Sponsor, which shall be final in all matters. Acceptance of a prize also constitutes permission to the Promotion Parties to use winner’s name, likeness, and biographical information for marketing purposes without further compensation or right of approval, unless prohibited by law. All federal and state laws apply.

5. RELEASE, INDEMNIFICATION, AND LIMITATION OF LIABILITY. By entering this Promotion, entrants waive all right to, and hold the Promotion Parties harmless from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys’ fees) arising out of or in connection with participation in the Promotion or the acceptance, use, or misuse of any prize. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. The Promotion Parties will not be responsible for: late, incomplete, or incorrect entries; an entrant’s failure to receive prize notices due to entrant’s spam, junk e-mail, or other security settings or for entrants’ provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in the Promotion; by any human error which may occur in the processing of the entries in the Promotion; or any typographical, technological, or other error in the publishing of the offer, administration of the Promotion, or announcement of the prizes. If, in the Sponsor’s opinion, there is such an error, or there is any suspected evidence of tampering with any portion of the Promotion, or if technical difficulties (including viruses and bugs) compromise the integrity of the Promotion, Sponsor reserves the right to, in its sole discretion, cancel or modify the Promotion. In the event of termination, winners will be selected from among all eligible entries received as of date of termination. In the event a dispute arises as to the identity of a potentially winning entrant, entries will be declared made by the name on the online entry form.

ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by Participant, but in no event attorneys’ fees and under no circumstances will Participant be permitted to obtain awards for, and Participant 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.

6. PRIZES. Grand Prize: 2 tickets to a ten-seat chef’s table dinner, Smorgasbird, at Birdie G’s in Santa Monica on December 15, 2022, plus pre dinner cocktails starting at 6PM. Total prize value: $750.

Prizes consist of only those items specifically listed as part of the prize. Limit one prize per email address, family, or household. No substitution or transfer of prize permitted by winner. Sponsor reserves the right to substitute a prize of equal or greater value. All prizes will be awarded. If a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only ten (10) alternate drawings will be held, after which the prize will remain un-awarded. Random drawing. Contact through IG handle. 24 hours.

All tax liability on all prizes is solely the responsibility of the prize winner. Sponsor may, at its discretion, award any prize to the winner as a check for the stated retail value of the prize.

7. FORCE MAJEURE/TERMINATION. Sponsor reserves the right, without prior notice and at any time, to terminate the Promotion in whole or in part, or modify, suspend, delay or extend the Promotion if it determines in its sole discretion that Promotion materials, including, but not limited to entry tickets, Entry Codes, or other errors or if Sponsor determines, in its sole discretion that the Promotion is impaired or corrupted or that fraud or technical problems, failures or malfunctions (including, without limitation, computer viruses, hacking, glitches or printing or production errors) have detrimentally affected or undermined the proper play, integrity, operation, administration and/or feasibility of the Promotion. In the event Sponsor is prevented from continuing with the Promotion for reasons beyond its control, including but not limited to fire, flood, natural or man-made health epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, provincial or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Promotion.

8. CHOICE OF LAW AND FORUM. Except where prohibited, Participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by binding arbitration under the American Arbitration Association Consumer Rules and Procedures, at which point all such arbitration will be conducted with a single arbitrator applying California law consistent with the AAA CRP in Los Angeles County, California.

9. PRIVACY. Information submitted with an entry is subject to Sponsor’s Privacy Policy.

10. WINNERS LIST. For the names of all prize winners, available after December 5, email Sponsor at erin@chownow.com.

11. SPONSOR.

ChowNow, Inc.

3585 Hayden Ave.

Culver City, CA 90232