Fooji – Doordash Back To School – Win one (1) backpack containing one (1) pencil pouch

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DOORDASH – BACK TO SCHOOL 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 DOORDASH IN MANHATTAN, NY;
LOS ANGELES, CA; OR CHICAGO, IL, OR BY UPS THROUGHOUT THE UNITED STATES
OF AMERICA (“DOORDASH” and “UPS” EACH A “FULFILLMENT PARTNER”) WHICH
FULFILLMENT PARTNER LOCATIONS CAN BE FOUND AT HTTPS://WWW.DOORDASH-
BACK-TO-SCHOOL.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 – Back to School Sweepstakes (the
“Sweepstakes”) begins at approximately 10am PT on August 23, 2021 and ends at 6:59pm PT
on August 26, 2021 or when all available Prizes are issued by Sponsor, whichever comes first
(the “Sweepstakes Entry Period”). At 10am PT on August 23, 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
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the Sweepstakes. Void outside the Territory and in Puerto Rico and where prohibited or restricted
by law.
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 along with the hashtags #DashToSchool
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 receive a link tweeted back to you that directs you to the online
registration form, or you must click the link in the Instagram bio, or you must swipe up on the
Instagram story, or you must click the link on Facebook. You must fully complete the registration
form by providing your name, physical address, email address, and phone number and submit to
Fooji a completed registration 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 from 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 registration 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
registration 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)
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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
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 five thousand (5000) prizes available. Verified prize winners will receive one
(1) backpack containing one (1) pencil pouch, one (1) Jumbo Highlighter, two (2) pens, two (2)
pencils, one (1) reusable children’s facemask, one (1) eraser, one (1) ruler, one (1) hand sanitizer,
one (1) bag of candy, one (1) bag of animal crackers, one (1) bag of popcorn, one (1) juice box,
and one (1) Kind Snack Bar (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 Prize
winner. Prize is nontransferable and may not be substituted or redeemed for cash by Prize
winner. No more than the stated number of Prizes may be awarded. Sponsor reserves the right
to substitute the Prize for one of equal 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
Prize(s) may vary, including variations based on the Entrants’ location. Approximate retail value
of each Prize is $30. Total ARV of all Prizes available in this Sweepstakes: $150,000.
6) Winner Selection: Odds of winning a Prize in this Sweepstakes depend on the number of
Entrants and your timing of Entry in relation to other Entrant’s Entry. 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, Prizes will be awarded randomly at the rate of one thousand four
hundred and sixteen (1,415) Prizes per day (approximately fifty-nine (59) Prizes per hour) during
the Sweepstakes Entry Period to eligible and verified Entrants who perform a qualifying Entry
Action and fill out the required online form. If you are not selected as a winner you may try again
via the microsite. If you are chosen as a winner you will receive a winning notification on the
microsite as well as a message from the Sponsor via Twitter (if applicable) and via email indicating
that you are a potential Prize winner. Winners located in Manhattan, NY, Los Angeles, CA, and
Chicago, IL will receive their Prize delivery via DoorDash. Winners inside the Territory but outside
of those cities will receive their Prize delivery via UPS. 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
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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 registration 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) 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,
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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 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.
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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,
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
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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 DoorDash – Back to School 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.