FLAMIN’ HOT CONTEST

FLAMIN’ HOT CONTEST

FLAMIN’ HOT CONTEST

Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

OPEN ONLY TO ELIGIBLE RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 18 YEARS OLD. VOID IN PUERTO RICO AND ALL JURISDICTIONS OTHER THAN THOSE STATED ABOVE.

VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

SPONSOR

GoBrands, Inc. (dba Gopuff), 537 North 3rd Street, Philadelphia, PA 19123 (“Sponsor”). This Contest is in no way sponsored or administered by Frito-Lay, Inc. Cheetos, Doritos or any related companies or brands.

ELIGIBILITY

The Flamin’ Hot Contest (the “Contest”) is open only to individuals who at the time of entry are (i) eighteen (18) years of age or older (ii) a resident of the 50 United States or the District of Columbia, and (iii) are registered and active users of the Gopuff services. Void in Puerto Rico and all jurisdictions other than those stated above and where prohibited or restricted by law.  All applicable federal, state, and local laws and regulations apply.

By participating in the Contest, participants agree to be bound by these official rules (“Official Rules”) and by the decisions of Sponsor in all matters relating to the Contest.

CONTEST PERIOD

The Contest begins on April 29, 2021 at 12:00:00 am ET and ends on July 21, 2021 at 11:59:00 pm ET (“Contest Period”). Sponsor’s computer clock is the official timekeeping device of the Contest. 

HOW TO ENTER

NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT OR PROOF OF PURCHASE IS NECESSARY TO PARTICIPATE.

You may enter the Contest as described below under the section titled “Entry Method.” You may only enter one time.

Compliance with these Official Rules and the entry requirements will be determined by Sponsor in its sole discretion.  Entries that violate, as determined by the Sponsor, in its sole discretion, these entry requirements or do not meet the submission deadlines will be disqualified from the Contest. In the event of any disputes relating to any entries, Sponsor reserves the right to disqualify all Participants associated with the dispute.

Entry Method

To participate in the Contest, look for a popup message (“Entry Popup”) in the Gopuff mobile app or website (“Gopuff App”) beginning on or around April 28, 2021 (exact time of Entry Popup delivery to be determined by Sponsor). To enter the Contest, click the entry button provided in the Entry Popup. Participants must 1) have created a GoPuff account, 2) consented to receive marketing emails from Gopuff, and 3) be otherwise eligible in accordance with these Official Rules.

Officers, directors, employees, representatives and agents of Sponsor and its corporate parents, subsidiaries, affiliates, advertising and promotion agencies (Sponsor, collectively with the foregoing, the “Contest Parties”) assume no responsibility for late, incomplete, or ineligible entries, all of which will be void.  

CONTEST DESCRIPTION

Contest participants (“Participants”) will be emailed a unique coupon code (“Code”) for 15% off the displayed retail price of certain items sold by Sponsor (“Discounted Items”) on the Sponsor’s website or mobile app (“Gopuff App”). The Discounted Items will be selected by Sponsor in its sole discretion and may be changed or removed by Sponsor without notice. The Code may be used multiple times, but will only apply to the first $50 of an individual order (i.e. the maximum discount per order is $7.50). Sponsor reserves the right to alter the Code discount rules at any time, without notice. 

Participants may share their unique Code, along with any Contest details approved by Gopuff, on Participant’s social media accounts. Customers may use Participant’s Code when purchasing Discounted Items. Participants may also use their Codes to purchase Discounted Items, but are not required to do so to enter or participate in the Contest.

Winners will be selected based on the number of Referrals generated in each calendar week of the contest, as described below.

SELECTION AND NOTIFICATION OF WINNERS

Sponsor will track the number of Discounted Items purchased with each Participant Code.

Weekly Winners

Each business week during the Contest Period, on Friday (the “Weekly Results Date”), the Sponsor will identify the top ten (10) Participant Codes that have been used to purchase Discounted Items, by number of Discounted Items purchased (without regard to amount spent on the Discounted Items), since the previous Weekly Results Date. Each Participant identified on the Weekly Results Date (each a “Weekly Winner”) will receive a Weekly Prize (as defined below).  Sponsor will notify each Weekly Winner by email at the email address used for entry, on or about the Weekly Results Date.  If Sponsor is unable to contact a Weekly Winner to coordinate delivery of the prize within twenty four (24) hours of initial notification, the Weekly Winner forfeits the prize in its entirety, and Sponsor will select a substitute Weekly Winner by contacting the Participant with the next-highest number of Discounted Item purchases using their Code. In case of prize forfeiture, no further compensation is due to Weekly Winner from Sponsor.

A Participant can be a Weekly Winner in multiple weeks

Weekly Winners are subject to verification of eligibility, including verification of age and residency and winning is contingent upon fulfilling all requirements of these Official Rules. 

Grand Prize Winner

On or about July 21, 2011 (the “Grand Prize Date”), the Sponsor will identify the Participant Code that has been used to purchase the highest number of Discounted Items (without regard to amount spent on the Discounted Items) during the Contest Period. The Participant identified on the Grand Prize Date (the “Grand Prize Winner”) will receive a Grand Prize (as defined below). Sponsor will notify each Weekly Winner by email at the email address used for entry, on or about the Grand Prize Date.  If Sponsor is unable to contact a Grand Prize Winner to coordinate delivery of the prize within twenty-four (24) hours of initial notification, the Grand Prize Winner forfeits the prize in its entirety, and Sponsor will select a substitute Grand Prize Winner by contacting the Participant who has their Code associated with the next highest number of Discounted Items (i.e., the Participant with the 2nd highest number of Discounted Items sold, etc). In case of prize forfeiture, no further compensation is due to Weekly Winner from Sponsor.

In the event of a tie between two Participants on the Grand Prize Date, both/all Participants with the highest number of purchases using their Code will be a Grand Prize Winner

Grand Prize Winners are subject to verification of eligibility, including verification of age and residency and winning is contingent upon fulfilling all requirements of these Official Rules. 

PRIZES

Weekly Prizes

Each Weekly Winner will be awarded a promotional item, the approximate retail value of which shall not exceed $100. Any difference in value between the stated approximate retail value and the actual value of the prize will not be awarded.

The total aggregate approximate retail value for all Weekly Prizes offered in the Contest is $11,000.

Grand Prize

The Grand Prize Winner will be awarded a package of Sponsor products (selected in the sole discretion of Sponsor), the approximate retail value of which shall not exceed $5,000. Any difference in value between the stated approximate retail value and the actual value of the prize will not be awarded. The total aggregate approximate retail value for all Weekly Prizes offered in the Contest is $5,000.

General Prize Terms

Sponsor has no responsibility for lost, stolen, misplaced or mutilated prizes, or any other occurrences beyond its control. Sponsor has no responsibility for a Winner’s inability or failure to accept or use any part of the prize as described herein.

The right to receive the prize cannot be transferred, assigned or redeemed for cash.  The prize is non-transferable and no cash or other prize substitution is permitted, except at the sole discretion of the Sponsor. All prizes are subject to availability, and if the prize cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute a prize (or any prize component) with one of comparable or greater retail value.

Winner is solely responsible for all federal, state, local, or other applicable taxes associated with the acceptance and use of the prize.  All other costs and expenses associated with prize acceptance and use not specifically provided herein are also the responsibility of each Winner. 

 As a condition of receiving the prize, Winner must sign and return any documents requested by Sponsor, including but not limited to, an affidavit of eligibility and release of liability/publicity rights.  Where applicable, the Winner will be issued an IRS Form 1099 in the amount of the actual retail value of the prize and must provide Sponsor with his/her valid Social Security Number or Taxpayer ID for tax reporting purposes.  Noncompliance with this requirement will result in disqualification of the Winner and the forfeiture of all interest in a prize. 

 If Winner (i) is determined to be ineligible or otherwise disqualified by Sponsor, (ii) fails to respond to Sponsor’s first winner notification message within twenty four (24) hours of notification or after two (2) attempts (whichever occurs first), (iii) fails to provide any information requested by Sponsor or execute any release or affidavit of eligibility required by Sponsor within five (5) business days of receipt of initial notification regarding prize winning, the Winner will be disqualified and forfeit the prize in its entirety, and Sponsor will randomly select a substitute Winner as described above. 

SPONSOR’S RIGHT TO USE WINNER’S NAME, LIKENESS, VOICE, STATEMENTS, AND BIOGRAPHICAL INFORMATION.

Except where prohibited by law, by accepting a prize in the Contest, each Winner grants the Sponsor and its affiliates, successors and assigns, and others that Sponsor may designate from time to time, the unconditional right, license and permission to use, publish, and broadcast Winner’s name, likeness, voice, statements, and biographical information worldwide, in any manner of media whatsoever now known or hereafter devised, in perpetuity, on a royalty-free basis, without further compensation or approval, to administer and promote the Contest and for any other commercial, promotional, advertising, publicity, trade, or other lawful purpose.  Each Winner agrees to promptly execute and return to Sponsor any confirmation, license, verification or other document or instrument Sponsor requests to confirm, further formalize or perfect the rights granted in this paragraph, or any other rights or interests of Sponsor under these Official Rules. 

 LIMITATIONS OF LIABILITY OF CONTEST PARTIES

The Contest Parties assume no liability and are not responsible for, and by entering the Contest you hereby waive and release the Contest Parties from, any and all actions, claims, damages, losses or injuries of any kind (collectively, “Claims”) arising in connection with the Contest and/or the receipt, use or misuse of any prize, including without limitation, Claims relating to: (i) the malfunction of any computer, telephone, network, satellite, hardware, software or communications line; (ii) unauthorized human intervention; (iii) incorrect, delayed or inaccurate transmissions, Winner notifications, prize claims or other information or communications relating to the Contest, or the failure to capture or transmit any such information; (iv) damage to any person’s computer or mobile device; or (v) any errors in these Official Rules, Winner notifications, or other announcements or communications relating to the Contest. In the event of any ambiguity or error(s) in these Official Rules, Sponsor reserves the right to clarify or modify these Official Rules however it deems appropriate to correct any such ambiguity or error(s).  If due to an error or for any other reason, more legitimate prize claims are received than the number of prizes stated in these Official Rules, Sponsor reserves the right to award only the number of prizes stated in these Official Rules.  In no event will more than the stated number of prizes be awarded.

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND PURSUE ALL OTHER REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. 

Sponsor may prohibit a Participant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said Participant is attempting to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Participants or any Contest Parties.

SPONSOR’S RESERVATION OF RIGHTS

Without limitation to Sponsor’s rights to discontinue or modify the Contest for any reason, if the Contest is not capable of running as planned for any reason, including without limitation, due to a force majeure event or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion, to modify, suspend, or cancel the Contest. All Contest materials are subject to verification and are void if (a) not obtained through legitimate channels in accordance with these Official Rules, (b) any part is counterfeited, altered, illegible, reproduced, tampered with or otherwise irregular, (c) obtained where prohibited, or (d) they contain printing, typographical, mechanical or other errors.

GOVERNING LAW

THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF PENNSYLVANIA, WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES, AND THE FORUM AND VENUE FOR ANY DISPUTE RELATING TO THE CONTEST SHALL BE IN PHILADELPHIA COUNTY, PENNSYLVANIA.

PRIVACY

Any personally identifiable information collected during a Participant’s participation in the Contest will be collected and used by Sponsor and its designees (i) for the administration and fulfillment of the Contest, (ii) as described in these Official Rules, and (iii) as set forth in Sponsor’s privacy policy at https://gopuff.com/home/privacy-agreement.

WINNERS LIST

For the name of the Winner, please send a self-addressed, postage-stamped envelope to Gopuff, 537 North 3rd Street, Philadelphia, PA 19123, Attn: Flamin Hot Contest Winners List, with the Weekly Results Date (or Grand Prize Date) for which you are interested in receiving the Winners list.  Requests must be received within sixty (60) days after the end of the Contest Period.

NO WAIVER/SEVERABILITY/RIGHT TO MODIFY OR DISCONTINUE CONTEST

Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.  Sponsor reserves the right to modify or discontinue the Contest and update these Official Rules at any time.