caviargiveaway (1).png
 

Caviar x Pineapple Collaborative August Giveaway for August 14

Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED OR WHERE REGISTRATION OR BONDING REQUIRED.  SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS.  

ENTRY VIA INSTAGRAM ONLY AND AN INSTAGRAM ACCOUNT AND INTERNET CONNECTION ARE REQUIRED. A “PROTECTED” INSTAGRAM ACCOUNT MAY NOT BE ABLE TO SEND ENTRIES. THE SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY TWITTER, INC. OR FACEBOOK, INC..

The Caviar x Pineapple Collaborative August Giveaway (the “Promotion”) is sponsored by Square, Inc., doing business as Caviar (“Caviar” or “Sponsor”) and Pineapple Collaborative.  Please read these Official Rules carefully before entering the Promotion. By entering the Promotion, you agree that you will be bound by these Official Rules, and you represent that you satisfy all Promotion eligibility requirements.

  1. Eligibility.  To be eligible to enter the Promotion (an “Entrant”), at the time of your entry you must be (i)  a current legal resident of the fifty (5) United States or the District of Columbia and (ii) at least the legal age of majority in your jurisdiction of residence.  Employees of Sponsor or Sponsor’s affiliates, advisors, or advertising/promotion agencies and their immediate family members (spouse, parents, siblings, and children) and household members are not eligible to enter the Promotion. 

  2. Entry Instructions.  To participate in the Promotion, which begins at 12:01 AM Pacific Time (PT) on August 14, 2019  and ends at 11:59 PM PT on August 16, 2019 (the “Promotion Period”), do one of the following:

  • To participate and enter this Sweepstakes, you will need an Instagram account (either a “Social Media Account”).  If you don’t already have an Instagram account, visit www.Instagram.com to create one; creating an Instagram account is free. By submitting your information and creating an Instagram account, you will be required to agree to the Instagram terms of service and privacy notice. If you do not agree to Instagram’s terms of service and privacy notice, you cannot create an Instagram account.

  • To enter the Sweepstakes, Entrants must follow both the official Caviar Account and Pineapple Account in Instagram, leave a comment on the Pineapple Account’s Instagram post promoting this sweepstakes and tag two other Instagram accounts (an “Entry”).

Sponsor may disqualify entries if the Entry includes inappropriate, offensive, or other derogatory language or information. Sponsor reserves the right to remove, reject, or disqualify (along with the Entrants who submitted them) any Entry or related tag which, in its opinion, (a) violates any of these Official Rules, the terms of service and privacy policy of Instagram, or Square; (b) infringes, misappropriates, or violates any rights of any third party including, without limitation, patent, copyright, trademark, trade secret, or right of privacy or publicity; or (c) is otherwise inappropriate for inclusion in the Sweepstakes. For purposes of this Sweepstakes, only Entries that are recorded through Instagram’s servers will be considered. Other proof of submitting an Entry (such as a printed or copied screenshot or message) does not constitute proof of actual receipt of the Entry for purposes of this Sweepstakes. The Instagram database clock will be the official timekeeper for this Sweepstakes. NOTE: Sponsor may not receive entries from Instagram users with “protected” or “private” updates (i.e., user has set their Social Media Account or so that only people the user has approved can view updates) due to the way Instagram operates its service. Instagram posts not received by Sponsor will not be entered into the Sweepstakes. 

Sponsor’s computer is the official timekeeping device for the Promotion.  Time and eligibility of entries will be determined by Sponsor, in its sole discretion.  If your entry is incomplete or if you use robotic, automatic, programmed, or similar entry methods, your entry will be void.

Limit of one entry per person.  Each person may enter only once using only one Instagram account during the Promotion period.  In the event of a dispute as to any Entrant, the authorized subscriber of the Instagram Account used to enter the Promotion at the actual time of entry will be deemed to be the Entrant.  Any attempt by any person to obtain more than one entry by using multiple/different accounts, email addresses, identities, registrations and logins, or any other methods will void that person’s Entry and that person will be disqualified.  Entries made by any other individual or any entity or group, or originating at any website other than as set forth specifically above, including, without limitation, through commercial sweepstakes subscription notification or entering services, will be declared invalid and disqualified for this Sweepstakes.  Multiple persons are not permitted to share the same Social Media Account.  Each potential winner may be required to show proof of being the authorized subscriber of the Instagram Account used to enter the Promotion.  In the event of any dispute, Sponsor shall have the right to determine the identity of a potential winner in its sole discretion.

NOTE ABOUT INSTAGRAM: Sweepstakes Entities are not responsible for any changes or unavailability of the Instagram service that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use Instagram for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via Instagram, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. It is a potential winner’s responsibility to set his/her Social Media Account as applicable, to accept contacts by Sponsor and to timely check such account for any Sponsor direct messages.

  1. Prizes.  One Entrant and their two tagged friends (the “Winners”) will each receive $50 in Caviar credit (“the Prize”). 

The retail value of each Prize is $50.  Each Winner must have or will need to create a Caviar account to redeem the prize.  The Caviar credit may only be used for purchases of food and beverages through Caviar, exclusive of taxes and fees.  Credit must be redeemed within 90 days. Prizes may not be assigned, transferred, resold, redeemed for cash, or applied to any other Caviar account.  No substitutions are allowed, except by Sponsor, who may, in its sole discretion, substitute a prize of equal or greater value. Lost or stolen prizes will not be replaced.  Limit of one Prize per person. 

Each Winner will be: (i) responsible for paying all costs and expenses associated with receiving or using the Prize that are not specifically listed as part of the Prize in these Official Rules, including without limitation taxes; (ii) required to submit a completed Form W-9 to Sponsor or its designee to claim the Prize; and (iii) required to sign and return an Eligibility Statement and Release to claim the Prize.  

  1. Prize Drawing.  On or about August 17, 2019, Sponsor will conduct a random drawing from all correct and eligible entries.  Sponsor will notify the potential Winners by a response to their comment on Instagram and a direct message about how to redeem their Prize within seven (7) days following the drawing.  

Sponsor is not responsible for any delay or failure to receive notification for any reason.  If any potential Winner does not claim the prize within three (3) days of notification or does not meet the eligibility criteria, Sponsor reserves the right to disqualify that potential Winner and select a new potential Winner by random drawing from remaining eligible entries.   There will be a maximum of three (3) alternate drawings after which the Prize will remain unawarded. Sponsor will not award more than the stated number of prizes. If production, technical, programming, or any other errors cause more than the stated number of prizes to be claimed, Sponsor may award the stated number of prizes by random drawing from among all eligible prize claimants. 

  1. Odds of Winning.  The odds of winning depend on the number of eligible entries received.    

  2. Conditions of Participation.  By submitting an Entry for this Promotion, you agree (i) to abide by these Official Rules and any decision Sponsor makes regarding this Promotion, which Sponsor or its designee shall make in their sole discretion; (ii) to be bound by the terms relating to use of the Sponsor’s websites and apps, including its Privacy Policy; (iii) to grant Sponsor the right to use your name, photograph, prize information, and biographical information in any manner and in any medium for publicity and promotional purposes without further compensation, unless prohibited by law; (iv) to grant consent for Sponsor and its agents to obtain and deliver your name, address and other information to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations, and rules; and (iv) that Sponsor’s decisions regarding all aspects of the Promotion shall be final and binding in all respects.

  3. Licenses and Approvals.  Entrants may not submit an Entry on behalf of someone else. By submitting an Entry, Entrant represents and warrants that Entrant meets all eligibility criteria for participation in the Sweepstakes. In addition, by submitting an Entry in this Sweepstakes, Entrant grants the Sweepstakes Entities an irrevocable, perpetual, non-exclusive worldwide license to publish, post, display, copy, distribute, transmit, edit, use alone, together or with other works, and otherwise exploit the Entry, Entrants name, voice, persona, likeness, image, prize information, any quotes attributable to Entrant, biographical data and any other indicia of persona in any manner whatsoever throughout the world, including on the Internet, and at any time or times, in connection with the Sweepstakes, in any and all forms of media, now known or hereafter discovered, without additional compensation, review or approval rights, notification or permission, except where prohibited by law, and Entrant releases all Releasees from any and all liability related thereto. ENTRANT FURTHER ACKNOWLEDGES THAT IF ENTRANT IS CHOSEN AS A WINNER, ENTRANTS IDENTIFYING INFORMATION, INCLUDING BUT NOT LIMITED TO ENTRANTS NAME, MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, BEING PLACED ON A WINNERS’ LIST.

  4. Disclaimer, Release, and Limitation of Liability.  SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR YOUR PARTICIPATION IN THE PROMOTION.  PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  BY PARTICIPATING IN THE PROMOTION OR RECEIPT OF ANY PRIZE, EACH ENTRANT AGREES TO RELEASE AND HOLD HARMLESS SPONSOR, AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, 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 LIABILITY, LOSS, CLAIM, OR CAUSE OF ACTION, INCLUDING PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF OR RELATED TO PARTICIPATION IN THE PROMOTION OR RECEIPT, USE, OR MISUSE OF ANY PRIZE.  THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR:  (i) ANY INCORRECT OR INACCURATE INFORMATION; (ii) TECHNICAL FAILURES OF ANY KIND; (iii) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE PROMOTION; (iv) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTION OR THE PROCESSING OF ENTRIES; OR (v) 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, 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 Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. 

  5. Sponsor’s Reservation of Rights.  Sponsor may, to the maximum extent permitted by applicable law, at any time and in our sole discretion, change these rules or modify, terminate, or suspend the Promotion, including without limitation in the event that viruses, worms, bugs, unauthorized human intervention, or other causes beyond our control corrupt or impair the administration, security, fairness, or proper play of the Promotion or submission of entries. Sponsor is not responsible or liable for:  (i) any error, omission, interruption, deletion, delay or failure in the transmission of Entry or the operation of the Promotion; (ii) any theft, destruction, or unauthorized access to or alteration of Entry; (iii) any problems or technical malfunctions of any computer hardware, software, networks, lines, online systems, providers, or servers associated with or used for the Promotion, whether originating from Entrants, Sponsor or others; (iv) failure of any Entry to be received by the Entry deadline on account of traffic congestion or technical problems on the Internet or at any website, or any combination thereof; (v) any incomplete, inaccurate, illegible, unintelligible, defective, misdirected, or lost Entries; (vi) any injury or damage to any computer related to or resulting from participation in or downloading any materials for this Promotion; or (vii) any disputes, claims, damages, fees, costs, injuries, or damages associated with or involving the use of any prize; (viii) any delay, postponement, suspension, or termination of the Promotion; or (ix) any printing or typographical errors in any materials associated with the Promotion.

  6. Arbitration and Governing Law.  You and Sponsor agree that all questions, issues, claims and disputes (“Disputes”) concerning the construction, validity, interpretation, or enforceability of these Official Rules, the Promotion, or the rights and obligations of Sponsor or Entrants, shall be governed by and construed in accordance with the laws of the State of California, without reference to the applicable choice of law provisions, and the Federal Arbitration Act.  You and Sponsor agree to arbitrate any and all Disputes by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THESE OFFICIAL RULES WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST SPONSOR.  If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (www.adr.org) according to this Section and the applicable arbitration rules. Any arbitration hearing will occur in San Francisco, California, or another mutually agreeable location.  The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Sponsor will pay all the arbitration fees for any Dispute. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, Sponsor will not seek to have you pay our attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Sponsor also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns.  Subject to and without waiver of this arbitration section, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of San Francisco, California, or federal court for the Northern District of California. You and Sponsor further agree that any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, and under no circumstances will either party be permitted to obtain awards for indirect, punitive, incidental, or consequential damages.  

  7. Sponsor.  Sponsor is Square, Inc., 1455 Market St. #600, San Francisco, California 94103 and Pineapple Collaborative. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc. or Instagram.  You understand that you are providing your information to the owner of this Instagram Account and not to Instagram or Facebook, Inc.

  8. Entrant's Personal Information.  All information submitted by Entrants or collected by Sponsor is subject to Sponsor’s Privacy Policy, available at www.trycaviar.com/privacy-and-terms

  9. Winner’s List.  You may request the names of the Promotion Winners by submitting a self-addressed stamped envelope to Caviar x Pineapple Collaborative August Giveaway, Square, Inc., 1455 Market St. #600, San Francisco, CA 94103.  Winner’s list request must be received within three (3) months of the end of the Sweepstakes Period.  Vermont residents may omit postage.

  10. No Affiliation with Restaurants.  This Promotion is in no way sponsored, endorsed, or administered by, or associated with any of the restaurants for which Caviar provides advertising, marketing, and food ordering services.