Doordash – Dashoween 2021 Sweepstakes

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DOORDASH – DASHOWEEN 2021 SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE IS NECESSARY TO PARTICIPATE OR WIN. A PURCHASE WILL NOT
IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
TO BE ELIGIBLE TO PARTICIPATE AND WIN A PRIZE (AS THAT TERM IS DEFINED
BELOW), YOU MUST LIVE IN AN AREA SERVICED BY UPS (“FULFILLMENT PARTNER”)
THROUGHOUT THE UNITED STATES OF AMERICA, WHICH FULFILLMENT PARTNER
LOCATIONS CAN BE FOUND AT https://www.doordash-halloween-
2021.fooji.com/#delivery-zones AND MUST SATISFY THE OTHER ELIGIBILITY
REQUIREMENTS SET FORTH BELOW.
BY PARTICIPATING IN THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES,
WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING.
WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR INDEMNIFICATION OF THE
SPONSOR AND OTHER SWEEPSTAKES ENTITIES BY YOU, A CLASS ACTION AND JURY
TRIAL WAIVER, A REQUIREMENT THAT MOST DISPUTES BE SETTLED BY MANDATORY
BINDING ARBITRATION, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1) Sweepstakes Entry Period: The DoorDash – Dashoween 2021 Sweepstakes (the
“Sweepstakes”) begins at approximately 9am ET on October 19, 2021 and ends at 7 ET on
October 24, 2021, or when all available Prizes are issued by Sponsor, whichever comes first (the
“Sweepstakes Entry Period”). At approximately 9am ET on October 19, 2021, the beginning of
the Sweepstakes Entry Period, Sponsor will tweet a call to action from the @DoorDash Twitter
handle and post to the DoorDash Instagram and Facebook accounts (each a “CTA Post”). As
soon as the applicable CTA Post is issued, eligible entrants may participate in the Sweepstakes
as provided herein.
2) Eligibility: To be eligible to receive a Prize, entrants must, at the time of entry, meet all of the
following requirements: (i) be legal residents of the fifty (50) United States or the District of
Columbia who live in an area serviced by Fulfillment Partner at one of the locations identified in
the link above (“Territory”); (ii) be 18 years of age or older and the age of majority in the entrant’s
jurisdiction as of the date and time of Entry; and (iii) be registered users of Twitter, Instagram, or
Facebook (each, a “Entrant(s)”). Employees, officers, directors and agents of DoorDash, Fooji,
Inc. (“Fooji,” “Sponsor” or “Administrator”), Fulfillment Partner(s), any other company involved in
the presentation, administration or fulfillment of the Sweepstakes, and their respective
subsidiaries, affiliated companies, and divisions (collectively, the “Sweepstakes Entities”) and
each of their immediate family members (defined as any spouse, partner, parent, legal guardian,
sibling, child, legal ward, grandparent, or grandchild, regardless of where they reside) and/or
those living in the same household of any such person (whether or not related) are not eligible for
the Sweepstakes. Void outside the Territory and in Puerto Rico and where prohibited or restricted
by law.
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3) Sponsor: The Sponsor and Administrator of the Sweepstakes is Fooji, Inc. located at 257 E.
Short St. Suite 200, Lexington, KY 40507.
4) How To Participate in the Sweepstakes: After the applicable CTA Post is made, during the
Sweepstakes Entry Period, to participate, either: (i) send an @reply on the Twitter platform to
@DoorDash with the emoji specified in the CTA Post on Twitter along with the hashtags
#Dashoween and #Entry (“Required Hashtags”); (ii) click the link posted to the DoorDash
Instagram bio and/or swipe up on the Instagram Story; or (iii) click the link posted to the DoorDash
Facebook page (each, an “Entry Action”). If the Sweepstakes is still ongoing when your Entry
Action is received by @DoorDash, you will either receive a link tweeted back to you that directs
you to the online entry form, or you will be redirected to the online entry form when you click the
link on Instagram or Facebook. You must fully complete the entry form by providing your name,
physical address, email address, and phone number and submit to Fooji a completed entry form
for its receipt. A maximum of one (1) Prize consisting of the items outlined in the chart in section
5 may be awarded per person, per Twitter, Facebook or Instagram account, and per delivery
address in connection with the Sweepstakes. Sponsor may, in its sole discretion, accept or reject
any purported Entry Action that does not include both the required emoji as set forth in the
applicable CTA Post and the Required Hashtags, if applicable. Purported Entry Actions that are
incorrect or incomplete, received outside the Sweepstakes Entry Period (including after all
Prize(s) have been redeemed), or that contain obscene, offensive, or any other language
communicating messages inconsistent with the positive images with which Sponsor wishes to
associate itself (all as determined by Sponsor in its sole discretion) will be void and disqualified.
Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect
the ability to locate or record a purported and Entry Action. Due to the way Twitter, Facebook,
and Instagram operate their services, Fooji may not be able to view or record purported Entry
Actions, receive or send communications, or otherwise detect Entry forms or interact with potential
Entrants who have Twitter, Facebook, or Instagram account settings that make their updates,
comments, posts or communications private, protected, or otherwise limited, in which case any
such purported Entrant will be disqualified and ineligible to receive a Prize. Normal Internet
access and phone/usage charges imposed by your online/phone service may apply. Each Entry
Action and entry form entry (if applicable) must be manually key stroked and manually entered by
the individual Entrant; automated and/or repetitive submission of Entry Actions or entry forms
(including but not limited to entries made using any script, macro, bot or sweepstakes service)
will be disqualified.
This Sweepstakes is in no way sponsored, endorsed, or administered by or associated with
Twitter, Inc. Facebook, Inc., or Instagram, Inc.
NOTE ABOUT MOBILE DATA AND MESSAGING CHARGES: When you participate in the
Sweepstakes via a mobile device and/or download or transmit data via your mobile device, data
and messaging rates may apply according to the terms and conditions of your service agreement
with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges)
and may appear on your mobile phone bill or be deducted from your prepaid account balance.
Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more
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information on rate plans and charges relating to your Entry in this Sweepstakes. Check your
mobile device’s capabilities for specific instructions.
5) Prizes: There are two (2) participating markets (each a “Participating Market”). Each of the
two (2) Participating Markets will have their own specific list and quantity of prizes available to
be awarded (as further outlined in the chart below) (each a “Prize”). All federal, state and local
taxes and all other expenses not expressly listed in these Official Rules are the sole
responsibility of the winners. No more than the stated number of Prizes may be awarded. Prizes
are non-transferable and may not be substituted or redeemed for cash by winners. Gift cards
are subject to their terms. Sponsor reserves the right to substitute any Prize for one of
comparable or greater value. Prize type(s) and components will be selected by Sponsor or its
representatives in its/their sole discretion. Actual retail value of the Prizes may vary, including
variations based on the Entrant’s location. Total ARV of all Prizes available in this
Sweepstakes: $32,500.
Prize ARV of Each Prize Number of
Prizes
Available in
Florida
Number of Prizes
Available throughout the
United States (excluding
Florida)
One (1) box containing
a variety of candy and
one (1) $25 DoorDash
Gift Card
$65 50 450
Total $3,250 $29,250
6) Winner Selection: Odds of winning a Prize in this Sweepstakes depend on the number of
Entrants and your timing of participation in relation to other Entrants’ participation. Fooji will be
the official time keeping device for the Sweepstakes and all decisions by the Sponsor regarding
the timing of entries and the order in which they are received will be final and binding. Subject to
compliance with these Official Rules,
I. Prizes in Florida will be awarded randomly at the rate of approximately one (1) Prize every
two (2) hours during the Sweepstakes Entry Period to eligible and verified Entrants who
complete an Entry Action and complete and submit the required online entry form.
II. Prizes throughout the 49 United States and D.C. (excluding Florida) will be awarded
randomly at the rate of approximately four (4) Prizes per hour during the Sweepstakes
Entry Period to eligible and verified Entrants who complete an Entry Action and complete
and submit the required online entry form.
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If you are not selected as a winner, you may try again one time via the microsite. If you are chosen
as a winner, you will receive a winning notification in real time on the microsite as well as a
message from the Sponsor via Twitter (if applicable) and/or via email indicating that you are a
potential Prize winner. Entrants selected as winners are limited to one (1) Prize per person, per
Twitter, Facebook, or Instagram account, and per delivery address during the Sweepstakes Entry
Period. The number of available Prizes may but are not obligated to be periodically communicated
throughout the Sweepstakes via tweets from Sponsor’s @DoorDash handle. Prizes will be
facilitated through Fooji’s emoji-based ordering system on Twitter or direct links from Instagram
or Facebook. Local merchants that participate in the Fulfillment Partner network may provide
fulfillment and delivery of the Prize(s). Prize availability may vary and is not guaranteed in all
areas. Except as determined by Sponsor in its sole discretion, no substitution of any Prize is
offered, no transfer of Prize to a third party is permitted, and non-cash Prize(s) may not be
redeemed for cash value. AS SET FORTH ABOVE, YOU MUST RESIDE IN A LOCATION
SERVICED BY FULFILLMENT PARTNER IN ORDER TO BE ELIGIBLE TO PARTICIPATE IN
THIS SWEEPSTAKES AND WIN A PRIZE. Prize(s) will be awarded and delivered only to
addresses within the United States that are serviced by Fulfillment Partner. Verified Prize
winner(s) will be solely responsible for all applicable federal, state and local taxes on Prize(s) and
may receive an IRS Form 1099 for the retail value of the Prize and must provide Sponsor with a
valid social security number if requested for tax reporting purposes. All expenses associated with
the receipt and use of a Prize not specifically mentioned herein are solely the responsibility of the
winners. Sponsor is not responsible for any delay or cancellation of the Prize delivery due to
unforeseen circumstances, or those outside of Sponsor’s control. If the fulfilling merchant cancels
the order for reasons out of Sponsor’s control, the Prize will not be delivered, and no additional
compensation will be provided. Potential winners are subject to verification and may be required
to sign and return to Sponsor for its receipt within three (3) business days an Affidavit of Eligibility/
Liability Release with (where lawful) a publicity release for receipt by Sponsor by the due date
indicated in the notification message. If any required documents are not timely received by
Sponsor, or if any message or mail intended for a winner is returned as undeliverable, then the
applicable Prize may be may be forfeited.
7) General Rules / Limitations of Liability: By participating in the Sweepstakes, Entrants agree
to be bound by these Official Rules and the decisions of the Sponsor which shall be final in all
respects. Entry in the Sweepstakes constitutes permission for the Sponsor and its designees to
use the Entrant’s name, likeness, voice, biographical information, prize information, quotes
attributable to Entrant, and any other elements of Entrant’s persona for purposes of advertising
and trade in any and all media now known or otherwise developed without further compensation
or review, including a Entrant list to be used by Fooji and its partners to re-target Entrants via
email or the Fooji app, unless prohibited by law. By clicking “Order Now,” Entrants authorize Fooji
or their Fulfillment Partners to send text messages or phone calls notifying Entrants of delivery
details for their order. Entrants agree that Fooji or the Fulfillment Partner may send the notice to
the telephone number the Entrant provides during the entry process, and Entrants understand
notifications will be sent using automatic dialing technology. Entrants understand that they are
not required to agree to receive such messages as a condition of Entry. In the event there is a
discrepancy or inconsistency between disclosures or other statements (in any and all media)
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contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the
Official Rules shall prevail, govern and control. Sponsor and the other Sweepstakes Entities
assume no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any
faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to,
or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes; (c)
any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation
or communications line failure, regardless of cause, with regard to any equipment, systems,
networks, lines, satellites, servers, computers, software or providers utilized in any aspect of the
operation of the Sweepstakes; (d) inaccessibility or unavailability of the Internet or the Twitter,
Instagram, or Facebook platforms or any combination thereof, or; (e) any injury or damage to
Entrant’s or to any other person’s computer which may be related to or resulting from any attempt
to participate in the Sweepstakes. The Sponsor and other Sweepstakes Entities are not
responsible for the failure of any order to be received for any reason or for any delay in the
processing or failure to process any order or entries. The Sponsor reserves the right at its sole
discretion to disqualify any individual that tampers or attempts to tamper with the order process
or the operation of the Sweepstakes; violates the Official Rules; is suspected of cheating, fraud,
or acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or
harass any other person. Any Entrant who uses or is suspected of using cheating, fraudulent
means, unauthorized ordering methods, or otherwise attempts to participate multiple times, or
with multiple identities, Twitter, Instagram and/or Facebook accounts, and/or addresses will be
disqualified. Any attempt by any person to undermine the legitimate operation of the Sweepstakes
may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor
reserves the right to seek damages from any such person to the fullest extent permitted by law.
The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of
that or any other provision. If, for any reason, the Sweepstakes is not capable of running as
planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud,
technical failures, changes to the Twitter, Instagram and/or Facebook platform that are not
acceptable to Sponsor, or any other causes beyond the control of the Sponsor which corrupt or
affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then
the Sponsor reserves the right in its sole discretion to cancel, modify, suspend or terminate the
Sweepstakes in whole or in part. In the event Sponsor experiences a technical failure during
admission of the Sweepstakes that causes the Sweepstakes to be suspended, Sponsor shall
select a winner(s) by random drawing from all valid entries received up to the point of the technical
failure. TO THE FULLEST EXTENT PERMITTED BY LAW, AS A CONDITION OF ENTRY INTO
THE SWEEPSTAKES, ALL ENTRANTS AGREE TO RELEASE, INDEMNIFY AND HOLD
HARMLESS THE SPONSOR AND OTHER SWEEPSTAKES ENTITIES FROM AND AGAINST
ANY AND ALL LIABILITY, CLAIMS OR ACTIONS OF ANY KIND WHATSOEVER FOR
INJURIES, DAMAGES, OR LOSSES TO PERSONS OR PROPERTY WHICH MAY BE
SUSTAINED IN CONNECTION WITH: PARTICIPATING IN ANY ASPECT OF THE
SWEEPSTAKES; THE RECEIPT, OWNERSHIP OR USE OF ANY PRIZE AWARDED;
PREPARING FOR, PARTICIPATING IN OR TRAVELING TO AND/OR FROM ANY PRIZE-
RELATED OR SWEEPSTAKES-RELATED ACTIVITY, OR; ANY TYPOGRAPHICAL OR
OTHER ERROR IN THESE OFFICIAL RULES OR ANY CTA POSTS OR OTHER
ANNOUNCEMENTS RELATING TO THE SWEEPSTAKES. THE WINNERS SHALL BEAR ALL
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RISK OF LOSS OR DAMAGE TO THEIR PRIZE AFTER THEY HAVE BEEN DELIVERED.
SPONSOR AND THE OTHER SWEEPSTAKES ENTITIES MAKE NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND CONCERNING THE APPEARANCE, SAFETY OR
PERFORMANCE OF ANY PRIZE(S).
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF
ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE(S)
AWARDED WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET COSTS INCURRED (IF ANY)
NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE
AWARDED OR RECOVERABLE; AND (2) UNDER NO CIRCUMSTANCES WILL ANY
ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY
KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER
DAMAGES (OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN
DOLLARS ($10.00)) AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR
OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING
LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
Without limiting any other provision in these Official Rules, the Sweepstakes Entities are not
responsible or liable to any Entrant or winner (or any person claiming through such Entrant or
winner) for failure to supply the prize or any part thereof in the event that any of the Sweepstakes
activities or Sweepstakes Entities’ operations or activities are affected by any cause or event
beyond the sole and reasonable control of the applicable Sweepstakes Entity (as determined by
Sponsor in its sole discretion), including, without limitation, by reason of any acts of God,
equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared
or undeclared), civil disturbance, insurrection, riot, epidemic, pandemic, fire, explosion,
earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike
(whether legal or illegal), labor or material shortage, transportation interruption of any kind, work
slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any
governmental or quasi-governmental entity (whether or not such governmental act proves to be
invalid), or any other cause, whether or not specifically mentioned above.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542
OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR
TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER
AGAINST THE SWEEPSTAKES ENTITIES. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED
HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY.”
8) Food Allergy Notice: By entering the Sweepstakes, each Entrant acknowledges and agrees
that any food-related Prize(s) offered in the Sweepstakes may contain milk, eggs, wheat,
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soybean, peanuts, and tree nuts. Entrants agree that the Sweepstakes Entities will have no
liability whatsoever to, and will be released and held harmless by, the Entrants for any and all
food allergy-related complications that may result from exposure to food-related Prize(s) offered
in this Sweepstakes or otherwise ordered through Fooji.
9) Privacy Policy: By entering the Sweepstakes, Entrants agree that any personal information
submitted by Entrants may be used and shared by Sponsor subject to Fooji’s privacy policy posted
at https://www.fooji.com/privacy/ and DoorDash’s privacy policy located at
https://help.doordash.com/consumers/s/privacy-policy-us?language=en_US.
10) Governing Law / Disputes/ Arbitration: Except where prohibited by law, as a condition of
participating in this Sweepstakes, each Entrant agrees that (1) any and all disputes and causes
of action arising out of or connected with these Sweepstakes, including but not limited to Prize
awarded, shall be resolved individually, without resort to any form of class action, and exclusively
by final and binding arbitration under the rules of JAMS and held at the JAMS regional office
nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement
and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be
entered in any court having jurisdiction. Under no circumstances will any Entrant be permitted to
obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or
consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s
actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and
Entrant further waives all rights to have damages multiplied or increased. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
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 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.
11) Severability: If any term of provision of these Official Rules is found under the law to be
invalid or unenforceable, then such specific term or provision shall be of no force and effect and
shall be severed and the remainder of these Official Rules shall continue in full force and effect.
12) Winners List: For a winners’ list, no later than 60 days after the close of the Sweepstakes,
send an email request with the name of the Sweepstakes to hello@fooji.com or mail your request
together with a self-addressed stamped envelope to The DoorDash – Dashoween 2021
Sweepstakes Winner’s List Sponsor at the address noted in Section 3 above.
13) Questions? If you have any questions, you may contact us at help@fooji.com.