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Blue Apron’s Puss in Boots Sweepstakes Official Rules

 

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCE OF WINNING. BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. PLEASE READ THEM CAREFULLY   BEFORE   ENTERING.   THIS   CONTRACT   INCLUDES   INDEMNITIES FROM   YOU   AND   A   LIMITATION   OF   YOUR   RIGHTS   AND   REMEDIES. THE PROMOTION (DEFINED BELOW) IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM, INC. (TOGETHER WITH ITS AFFILIATES, “INSTAGRAM”).

 

1. Eligibility: The Blue Apron’s Puss in Boots Sweepstakes (the “Promotion”) is open only to legal residents of the zip codes in the United States to which Blue Apron delivers   its   meal   subscriptions   who   are   at   least   eighteen   (18)   years   old (“Entrant(s)”). Employees of Blue Apron, LLC, Universal Pictures Marketing, a division of Universal Film Exchanges LLC (“Universal”) or DreamWorks Animation L.L.C. (“DreamWorks”), or any advertising, promotional, or other agencies involved in the creation, development, or administration of the Promotion, and any of its or their direct or indirect parent, subsidiary, and affiliate companies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to participate or win. The Promotion is void wherever prohibited or restricted by law.   All federal, state, and local laws and regulations apply.  Participation constitutes your full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein. Entry in the Promotion does not constitute entry into any other promotion, contest, or sweepstakes.

 

2. Sponsor: Blue Apron, LLC, 28 Liberty Street, 28th Floor, New York, NY 10005

 

3. Timing: The Promotion begins at 9:00am Eastern on December 2, 2022 and ends at 12:00pm Eastern on December 9,   2022   (the   “Promotion   Period”). Sponsor’s computer shall be the official time keeping device for the Promotion.

 

4. How to Enter: During the Promotion Period, you may enter the Sweepstakes by: (1)   following   @blueapron   on   Instagram,   (2)   “liking”   the   Puss   in   Boots™ Sweepstakes Post, and (3) tagging one friend in the comments of the BA Puss in Boots™   Sweepstakes   Post   on   Instagram.   Alternatively,   you   may   enter   the Sweepstakes by sending an email with your complete name, telephone number, email address and date of birth in the body of the email, and “Puss in Boots Sweeps” in the subject line of the email to social@blueapron.com, to be received by the end of the Promotion Period. Such alternative entry shall be instead of, rather than in addition to, entry via the Instagram method described above.  No purchase is necessary to enter. 

 

Limit: Each Entrant may enter the Promotion only once. Multiple Entrants are not permitted to share the same Instagram account or email address, as applicable. Any attempt by any Entrant to obtain more than the permitted entry will void that Entrant’s additional entries and that Entrant may be disqualified.  Sponsor is not responsible   for   lost,   late,   incomplete,   invalid,  unintelligible or misdirected registrations, which will be disqualified.  In the event of a dispute as to any entry, the authorized account holder of the Instagram account or email address used to enter will be deemed to be the entrant, but only if that person meets all other eligibility criteria for this Promotion. The “authorized account holder” in the case of an email address, 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 submitted address. The “authorized account holder” in the case of an Instagram account, is the natural person assigned to an Instagram account by Instagram or such other organization responsible for assigning such account. Entrants may be required to show proof of being the authorized Instagram account holder or email address account holder, as applicable, as determined by Sponsor in its sole discretion. 

 

As a condition of entering the Promotion, you consent to (i) Sponsor obtaining and delivering your name, address and other information to third parties for the purpose of administering the Promotion and complying with applicable laws, rules and regulations, (ii) the collection, storage and use of your personally identifiable information   by   Sponsor   in  accordance   with   its   privacy   policy,   located   at http://www.blueapron.com/pages/privacy,   and   (iii)   the   publication   of   your   name, Instagram username, and city as described hereunder should you be selected and confirmed as a Winner of a Prize. Any communication or information transmitted to Sponsor by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. Proof of submission is not considered proof of delivery to, or receipt by, Sponsor of such entry.

 

Entrants in the Promotion via the methods described above will be opted-in to receive future marketing communications from Blue Apron, LLC and its parents, subsidiaries, divisions and affiliates. Entrants can opt-out of receiving emails at any time by following the instructions in the emails, and opting-out does not impact the chances of winning.

 

5. Selection and Verification of Winners: One (1) winner will be selected randomly by Sponsor during the Promotion Period, from amongst all eligible entries received during the Promotion Period (“Winner”).   Sponsor’s selection of the potential Winner (or alternates if necessary) is final, binding and conclusive on all matters relating to the Promotion. Sponsor reserves the right to not award any prize if, in its sole and absolute discretion, it does not receive a sufficient number of eligible and/or qualified entries.

 

 

Odds of winning depend on the number of entries received.

 

 

Any potential Winner is subject to verification by Sponsor and is not a Winner unless and until that Entrant’s eligibility has been verified and Entrant has been notified that verification is complete.

 

 

Receiving a Prize is contingent upon compliance with these Official Rules. A potential Winner will be required to execute certain documents, which may include, without   limitation,   an   affidavit   of   eligibility,   liability   release,   W-9   and,   where imposing such condition is permitted, a publicity release (collectively, “Prize Claim Documents”).  If a potential Winner cannot be contacted, does not wish to accept the Prize, or fails to sign and return the Prize Claim Documents within the specified time period, that potential Winner forfeits the Prize and an alternate Winner will be selected by random drawing from among all other eligible Entrants.

 

6. Prize: Winner shall receive a special screening (the “Event”) of Puss in Boots: The Last Wish for themselves and up to the total number of guests permitted based on the selected movie theater’s (“Theater”) room capacity and any local capacity restrictions   (“collectively,   “Guests”,   each   a   “Guest”)   at   a   Theater   located   in Winner’s home town, not to exceed 100 persons (the “Prize”).   The special screening   includes   tickets   and   a   $10   per   person   concession credit (total approximate retail value $2,300.00, actual retail value depends on final number of attendees and ticket prices at the theater chosen). All taxes (including without limitation federal, state, and local taxes) on or connected with the Prize, if any, and the reporting consequences thereof, and any other costs, fees, and expenses not explicitly stated   herein,   if   any,   are   the   sole   responsibility   of   each   Winner respectively.

 

 

A theater outside of Winner’s zip code may be selected for the special screening upon request by the Winner and at the Sponsor’s discretion. Sponsor reserves the right to select and approve the Theater based on the Winner’s location and Theater availability in Sponsor’s sole discretion The Sponsor is not responsible for travel expenses. If Winner chooses to partake in any portion of the Prize with fewer than the total number of Guests permitted based on the selected Theater’s room capacity and any local capacity restrictions, or no Guest, the remaining elements of Prize shall constitute full satisfaction of Sponsor’s Prize obligation to Winner and no additional compensation will be awarded.

 

Winner must be able to attend Event or Prize will be forfeited. Winner and/or Guests, if any must comply with all applicable venue rules and regulations in connection with Prize.

 

 

All   parts   of   the   Prize   are   subject   to   availability,   and   subject   to   change or cancellation without written notice or warning. Each Prize is awarded “as is” with no   warranty   or   guarantee,   either   express   or   implied   by   Sponsor.  No cash equivalent unless required by law and prize is non-transferable.  No substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a Prize for one of equal or greater value if a Prize should become unavailable for any reason.

 

7. Release and Force Majeure: By participating in the Promotion, you agree to be bound by   these   Official   Rules,   the   privacy   policy   of   Sponsor,   located   at http://www.blueapron.com/pages/privacy, and the decisions of Sponsor. By submitting an entry, you represent and warrant that all of the information provided as part of your entry is accurate, does not violate any third party’s legal rights (including, without limitation, rights of privacy and publicity) and otherwise does not violate applicable law.

 

By participating in the Promotion, you hereby agree to release and hold harmless Instagram, Sponsor, Universal, DreamWorks, and Sponsor’s direct or indirect parents,   subsidiaries,   affiliates,   related   entities,   suppliers,   distributors, advertising/promotion   agencies   and   each   such   company’s   officers,   directors, equity holders, employees, contractors, and agents (collectively, the “Released Parties”) from and against any and all losses, liability, illness, injury, claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt, possession, use or misuse of the Prize.

 

The Released Parties assume no responsibility for any damage to your, or any other  person’s,  computer  system which  is occasioned  by participating  in  the Promotion, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted,   late,   lost,   damaged,   stolen,   or   postage-due   submissions or notifications, or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service   providers,   websites   or   other   connections,   or   for miscommunications, failed, jumbled, scrambled, delayed or misdirected computer, telephone   or   cable   transmissions,   or   for   any   technical   malfunctions, failures, difficulties or other errors of any kind or nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.

 

In the event Sponsor is prevented from awarding the Prize or continuing with the Promotion as contemplated herein by any event beyond its control, including, but not limited to, fire, flood, natural or man-made epidemic of health of other means, 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  or  local  government  law,  rule, regulation or order, 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 or terminate the Promotion. If the Promotion is terminated before the end of the Promotion Period, Sponsor will (if possible) select the Winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination.  Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by duly authorized representatives of Sponsor.  The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or  illegal,   these   Official   Rules   shall   otherwise   remain   in   effect   and   shall   be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

 

8. Publicity: Except  where  prohibited,  participation   in  the  Promotion  constitutes Entrant’s consent to Sponsor’s and its agents’ use of Winner’s name, Instagram username, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes worldwide, in perpetuity, in any and all media, manner, and formats now known or hereafter devised, without further payment or consideration.

 

9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures, human error or any other   factor   impairs   the   integrity   or   proper   functioning   of   the   Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the Prize to a randomly-selected Entrant from among all eligible Entrants up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

 

10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by any Entrant or by any of the equipment   or   programming   associated   with   or   utilized   in   the   Promotion; (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 Promotion; (4) technical   or   human   error   which   may   occur   in   the   administration   of   the Promotion 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 Promotion or receipt or use or misuse of the Prize. No more than the stated number of prizes will be awarded.

 

11. Disputes: Except where prohibited, Entrant 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 the United States District Court for the Southern District of New York or the appropriate New York state court located in the Borough of Manhattan, New York; (2) any and all claims, judgments and awards shall be limited to  actual out-of-pocket costs incurred, including costs associated with entering   this   Promotion,   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 Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

 

Universal and DreamWorks are not a sponsor or administrator of this Promotion. Participants are providing information to Sponsor and not to Universal or DreamWorks.