Nom Noms Sweepstakes Official Rules

Postmates, LLC (“Postmates”) is sponsoring the Postmates “Nom Noms” Sweepstakes (the “Sweepstakes”). The Sweepstakes is subject to these official rules (the “Official Rules”), and by participating, you (“Entrant”) agree to be bound by them and the decisions of Postmates, which are final and binding in all respects. 

NO PURCHASE  NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.  ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW OR RESTRICTED BY LAW. 

1. Eligibility:  In order to be eligible, Entrants must be (i) a legal resident of the fifty (50) United States and District of Columbia, and (ii) at least eighteen (18) years of age. Void where prohibited by law. Employees, officers and representatives, and the immediate family members of such employees (i.e., parent, spouse, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) of Postmates, or any of its affiliated companies, parent companies, subsidiaries, participating promotional partners, advertising and promotion agencies, webmasters and any company involved in the creation, design, execution, production, or fulfillment of the Sweepstakes (collectively, the “Sweepstakes Entities”) are not eligible to enter. Additionally, individuals who are employed by any local, state or federal government office or agency, elected officials and individuals listed on the OFAC Specially Designated Nationals and Blocked Persons (SDN) List are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, and local rules, laws, and regulations. 

2. Sweepstakes Period:  This Sweepstakes begins at 1:00 p.m. Pacific Time (“PT”) on August 24, 2023 and ends at 11:59 p.m. PT on September 11, 2023 (the “Sweepstakes Period”). Postmates’ computer is the official time-keeping device for the Sweepstakes.  All entries must be received within the Sweepstakes Period to be considered. Odds of winning the Sweepstakes depend on the number of eligible entries received during the Sweepstakes Period.

3. How to Enter: During the Sweepstakes Period (as defined below), Entrants must enter using the following method:

To enter the Sweepstakes by this method, an Instagram account is required, and can be obtained at no cost at Instagram.com or by downloading the app from the appropriate app store. Data and usage rates may apply. By participating, Entrant is acknowledging and agreeing to these Official Rules. Any entries that constitute unlawful behavior will be disqualified from the Sweepstakes. Postmates in its sole discretion will decide whether a given entry satisfies the criteria for entry in the Sweepstakes. 

Limit of one (1) entry per individual and per Instagram account throughout the Sweepstakes Period. All entries must be received no later than the end of the Sweepstakes Period to be considered. Multiple Entrants are not permitted to share the same email address. 

Any entries that constitute unlawful behavior will be disqualified from the Sweepstakes. Any attempt by any entrant 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 entrant’s entries and that entrant may be disqualified.  Use of any automated system to participate is prohibited and will result in disqualification.  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.  The “authorized account holder” is the natural person assigned 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 entry.  The potential winners may be required to show proof of being the authorized account holder.  Postmates will make the final determination of identity of entrants in its sole discretion. All entries submitted (or automatically received) in compliance with these Official Rules and not disqualified or void are considered “Eligible Entries.” 

Each entry must meet the following requirements (“Entry Requirements”). Any entry that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified:

4. Prizes: One (1) Winner (as defined below) will receive the following prize: 

ONLY ELEMENTS OF THE PRIZES DESCRIBED ABOVE ARE BEING AWARDED TO THE WINNER. Prize redemption details shall be provided upon awarding of the Prize. Uber Cash is subject to the Uber Terms of Service, which are available here. For the avoidance of doubt, although the winner will receive the Uber Cash at no cost as the Prize, the provisions in the Uber Cash Terms of Service shall govern to the extent applicable. The use of Uber Cash is subject to the terms and conditions set forth thereon. Use of Uber Cash constitutes the user’s acceptance of the terms of use which are available here.

No substitution, assignment, transfer, or cash equivalent of a Prize is permitted, except by Postmates, who has the right to substitute a Prize with another of comparable or greater value. Postmates or any Sweepstakes Entity shall have no responsibility or obligation to the Winners if they are unable to, or do not for any reason, accept or utilize a Prize or any portion thereof. Winners agree to comply with any additional terms and conditions applicable to the Prize.  The Prizes are provided “as is”; Entrants acknowledge that Postmates has neither made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prizes, including any implied warranty of merchantability of fitness for a particular purpose.  Any prizes pictured in advertising and other Sweepstakes materials are for illustrative purposes only. Postmates or its designee shall fulfill the Prizes to the Winners. Winners may be required to present valid government-issued photo identification to redeem the Prize.

THE VALUE OF THE PRIZES WILL BE TAXABLE TO THE WINNER AS INCOME.  All U.S. federal, state and local tax liability, and any other costs and expenses associated with acceptance or use of the prize not specifically provided for in these Official Rules are solely the responsibility of the Winners (regardless of whether the prize, in whole or in part, is used). 

5. Winner Selection and Notification:  Potential winners will be selected in a random drawing by Postmates from all Eligible Entries on or about September 18, 2023. Limit of one (1) prize per potential winner for the entire Sweepstakes Period. The potential winners will be notified via Instagram direct message and/or comment and subsequently required to provide the email address associated with each potential winner’s Postmates account. If a potential winner does not have an existing Postmates account, one must first be created in order to claim the prize, and the email address provided to Postmates for the purposes of claiming the prize must be the same email address associated with that account.

Postmates shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason.  If a potential winner cannot be reached after a reasonable effort has been exerted and/or fails to respond, provide any requested information, or confirm their email address within forty-eight (48) hours (or such other time specified by Postmates) from when the initial notification direct message is sent, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner forfeits the Prize, and an alternate potential winner may be selected. Postmates, in its sole discretion and time permitting, will attempt to contact up to three (3) potential winners for each Prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified and an alternate potential winner may be selected.  

6. Winner Verification:  The potential winners may be required to prove eligibility, including, without limitation, proof of age, residence, and identity, which may include submitting a copy of a driver’s license, passport or similar government issued identification within forty-eight (48) hours after being notified of being a potential winner.

The potential winners may be required to complete and sign an Affidavit of Eligibility, release of liability, publicity release form (except where prohibited), and the eligibility of the potential winner will be verified.  Forms must be returned within forty-eight (48) hours (or another time designated by Postmates) of receipt by a potential winner.  If any potential winner does not complete all forms necessary within the time given and/or in the event of non-compliance by any potential winner, such potential winner shall be disqualified and shall forfeit the prize, and all privileges otherwise due as a potential winner shall be terminated and an alternate potential winner may be selected in a random drawing from among all of the remaining Eligible Entries.

Provided a potential winner is in compliance with the Official Rules and after having successfully proven eligibility, they will be officially confirmed as a Winner.  Postmates expressly reserves the right to delay the announcement of the Winners for any reason it deems necessary. By entering or accepting any Prize, Winners allows Postmates to use the Winner’s entry, name, photograph, likeness, voice, opinions, Prize information, biographical information, hometown and state for publicity and promotional purposes without further compensation where permitted by law.  Except where prohibited, participation in the Sweepstakes constitutes Entrant’s consent to Postmates’ use of Entrant’s entry, name, likeness, voice, opinions, biographical information, hometown and state for promotional purposes in any media without further payment or consideration.  

Additionally, Postmates and the Sweepstakes Entities reserve the right to make a public announcement, announcing the Winners on either the Postmates website, through the Postmates App, or in any manner (including, without limitation, social media (e.g., Instagram, Facebook, Twitter)), which they deem appropriate.

7. Conditions of Participation.  By submitting an entry for this Sweepstakes, you agree to abide by these rules and any decision Postmates makes regarding this Sweepstakes, which Postmates shall make in its sole discretion.  Postmates reserves the right to disqualify and prosecute to the fullest extent permitted by law any entrant or Winner who, in Postmates’ reasonable suspicion, tampers with Postmates or any Postmates partner site, the entry process, intentionally submits more than a single entry, violates these rules, or acts in an unsportsmanlike or disruptive manner. Postmates or their designee may fulfill the Prizes to the Winners, and Postmates may share your information with a third party for Prize fulfillment purposes. 

8. Intellectual Property:  Ownership of the pre-existing underlying intellectual property of the entrant remains the property of the entrant subject to Postmates’s rights to reprint, display, reproduce, perform, use, and exhibit the entry for the purpose of administering and promoting the Sweepstakes and for Postmates’s marketing and advertising purposes.  By participating in the Sweepstakes, each entrant grants to Postmates a non-exclusive, worldwide, fully paid, royalty-free, perpetual, transferable license to reprint, display, reproduce, perform, use, and exhibit (including the right to make derivative works of) the entry and materials and information submitted on and in connection with the Sweepstakes or use or receipt of the prize for any and all purposes in any medium.  Each participating entrant hereby warrants that any entry and other materials and information posted or provided by entrant are original with entrant and do not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity, moral rights or other intellectual property or other rights of any person or entity, and do not violate any rules or regulations.  If the entry or information or materials posted or provided by entrant contain any material or elements that are not owned by entrant and/or which are subject to the rights of third parties, entrant represents he or she has obtained, prior to submission of the entry and information or materials, any and all releases and consents necessary to permit use and exploitation of the entry and information and materials by Postmates in the manner set forth in the Official Rules without additional compensation.  

Each entrant warrants that the entry and materials and information posted or provided do not contain information considered by entrant, its employees or personnel, or any other third party to be confidential, and that the entry, materials and information provided do not violate any laws or regulations.  Entrant agrees that Postmates has the right to verify the ownership and originality of all entries and that, upon Postmates’s request, entrant must submit a written copy of any release or permission entrant has received from a third party granting entrant the right to use such property.  Entrant understands and acknowledges that in the event a submission is selected as a winning entry, and entrant’s ownership, rights and the originality of the entry cannot be verified to the satisfaction of Postmates or is in any other way ineligible, Postmates may select an alternate Winner.

9. Disclaimer, Release and Limit of Liability.  POSTMATES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR YOUR PARTICIPATION IN THE SWEEPSTAKES.  BY ENTERING THE SWEEPSTAKES OR RECEIPT OF ANY PRIZE, EACH ENTRANT AGREES TO RELEASE AND HOLD HARMLESS POSTMATES, AND EACH OF ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/SWEEPSTAKES AGENCIES, AND PRIZE SUPPLIERS, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, NEGLIGENCE, GROSS NEGLIGENCE OR OTHER TORTIOUS CONDUCT, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.  THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR:  (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SWEEPSTAKES; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE SWEEPSTAKES; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE SWEEPSTAKES OR THE PROCESSING OF ENTRIES; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.  If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance or completion of the Sweepstakes, or any part of it, for any reason, Postmates, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance or completion for the Prize offered herein.  No more than the two (2) Prizes stated herein will be awarded. In event that production, technical, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed Postmates reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.

10. Privacy and Use of Sweepstakes Information.  All information submitted by Entrants and collected by Postmates in connection with Entrant’s entry will be subject to and will be treated in a manner consistent with Postmates web site Terms and Conditions accessible at: https://www.Uber.com/legal/terms and Postmates’ User Privacy Policy available at: https://www.Uber.com/legal/privacy. By participating in the Sweepstakes, Entrant hereby agrees that Postmates may collect and use his or her personal information submitted with the entry, and acknowledges that he or she has read and accepted the Postmates’ User Privacy Policy.  Among other things, the information Entrants provide may be used for sending Entrants company updates and announcements about Postmates and its products and/or services.

11. Binding Arbitration: IF ENTRANT HAS AGREED TO UBER’S TERMS OF USE , THEN THE ARBITRATION AGREEMENT CONTAINED THEREIN WILL GOVERN ANY DISPUTES, CONTROVERSY OR CLAIM(S) ARISING OUT OF OR RELATING TO THE SWEEPSTAKES OR ANY PRIZE AWARDED. If Entrant has not agreed to the Terms of Use, then except where prohibited by law, Entrant agrees that: (1) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SWEEPSTAKES OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) any dispute, controversy or claim arising out of or relating to the Sweepstakes or any prize awarded shall be resolved by binding arbitration administered by the Judicial Arbitration and Mediation Services  (“JAMS”) in accordance with its Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) then in effect; (3) any arbitration shall be heard by one arbitrator to be selected in accordance with JAMS Rules, in San Francisco County, California; (4) unless both Entrant and Uber agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of class or representative proceeding; (5) judgment upon any award rendered may be entered in any court having jurisdiction thereof; and (6) any award or judgment shall be subject to all limitations and releases set forth in these Official Rules and be limited to actual out of pocket damages, and shall not, in any event, include any punitive, exemplary, consequential or incidental damages, attorney’s fees or costs of bringing a claim, or any injunctive or other equitable relief. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

12. Governing Law: All federal, state and local laws and regulations apply. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Uber in connection with the Sweepstakes, shall be governed by, and construed in accordance with, New York law without giving effect to any choice of law or conflict of laws rules (whether of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than New York.

13. Accessibility of Official Rules:  A copy of the Official Rules is available at www.Postmates.com. Where required by law, Postmates will provide the names of the Winners of the Sweepstakes to those who request it. For the names of the Winners: (i) send a self-addressed, stamped envelope postmarked to Postmates, LLC, 1515 3rd Street, San Francisco, CA 94158, Attn: Winner List; and (ii) write the name of the Sweepstakes on the lower left hand corner of the envelope. All requests for the name of the Winner must be received within two (2) weeks of the end of the Sweepstakes Period.

14. Sponsored and Administered by: Sweepstakes subject to these Official Rules are solely sponsored and administered by Postmates Technologies, Inc., 1515 3rd Street, San Francisco, CA 94158 (“Sponsor”).15. This Sweepstakes is in no way sponsored or administered by Instagram or any of its respective parents, affiliates and subsidiaries, and Instagram does not award, sponsor, or endorse this Sweepstakes in any way. Any questions regarding the Sweepstakes should be directed to Postmates.