Kygo Sweepstakes Terms & Conditions

Kygo x Palm Tree Crew Giveaway 

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 HOUSTON, TEXAS 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 AND WHERE PROHIBITED OR RESTRICTED BY LAW. 


VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

 

SPONSOR. GoBrands, Inc. (dba Gopuff), 537 N. 3rd Street, Philadelphia, PA 19123 (“Sponsor”).

 

ELIGIBILITY.  

 

The Palm Tree Crew Giveaway (the “Giveaway”) is open only to individuals who at the time of entry are (i) eighteen (18) years of age or older and (ii) a resident of the city of Houston, Texas. Void in Puerto Rico and all jurisdictions other than those stated above and where prohibited or restricted by law.  Officers, directors, employees, representatives and agents of Sponsor and its corporate parents, subsidiaries, affiliates, advertising and promotion agencies (Sponsor, collectively with the foregoing, the “Giveaway Parties”) and members of their immediate families (i.e., spouses, parents, children, siblings, and “steps” of each) and all those persons living in the same household as such excluded individuals, whether or not related, are not eligible to enter or win the Giveaway. All applicable federal, state, and local laws and regulations apply. 

 

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

 

ENTRY PERIOD.


The Giveaway begins on November 5, 2021 at 9:00 am CT and ends on November 13, 2021 at 6:00 pm CT (“Entry Period”). Sponsor’s computer clock is the official timekeeping device of the Giveaway.


HOW TO ENTER. 

 

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


You may use one of two methods to enter the Giveaway. The first method of entry requires you to make a Qualifying Purchase (as further described below). The second method of entry requires you to follow Sponsor’s Twitter account, “tag” other individuals on posts made on Twitter designated by Sponsor and to “like” certain posts of the Sponsor as further described in “Alternative Method of Entry.”  


Entrant must be the authorized account holder of the e-mail address or Twitter account used to enter the Giveaway.  The “authorized account holder” is defined as (a) the natural person to whom the e-mail address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address or (b) the natural person to whom the Twitter account, as applicable, is registered.  In the event of a discrepancy between the identity of the authorized account holder and the entrant provisionally selected as a winner, Sponsor reserves the right, in its sole discretion, to determine whether the entry is valid or to declare the entry invalid and select a substitute Winner. [Twitter post goes up the 5th]


Compliance with 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 Giveaway. In the event of any disputes relating to any entries, Sponsor reserves the right to disqualify all entrants associated with the dispute.


Entry Method 1: Make a Qualifying Purchase on Gopuff


To participate in the Giveaway by making a Qualifying Purchase, you must complete all the following steps, as they apply to you:


Download the Gopuff mobile application (iOS or Android, collectively the “App”), or visit Gopuff.com (the “Website”), register a new Gopuff account or login to your existing Gopuff account add products from the “Palm Tree Crew” search category to your cart, and complete the order (a, “Qualifying Purchase”).  


Limit one Qualifying Purchase entry per person per order. Purchasing multiple products in the “Palm Tree Crew” search category per order will not increase the number of entries. Completed orders with eligible Palm Tree Crew products added to your cart outside of the “Palm Tree Crew” search category will NOT receive any entries. Orders including Qualifying Purchases must be completed by the end of the Entry Period to receive entries into the Giveaway.


Entry Method 2: Alternative Method of Entry


To participate in the Giveaway without making a Qualifying Purchase, you must complete all of the following steps:


Look for Sponsor’s Giveaway post on Twitter.com/gopuff (@gopuff on Twitter) on or about September 10, 2021 (exact time of post to be determined by Sponsor at a date later than the publishing of these Official Rules).  To receive one (1) entry into Giveaway: (1) follow @gopuff and @kygomusic on Twitter; (2) like the post related to the Giveaway; and (3) tag two (2) friends in the post related to the Giveaway (“Alternative Method of Entry”). Entrant must be a follower of @gopuff and @kygomusic on Twitter and have a public profile on the Twitter account used to enter the Giveaway in order to be contacted by Sponsor if he/she/they is selected as the potential winner. A Twitter account can be created for free by visiting http://twitter.com and following the appropriate link to download the free Twitter application. To follow @gopuff on Twitter, visit twitter.com/gopuff and click on the “Follow” button. To follow @kygomusic on Twitter, visit twitter.com/kygomusic and click on the “Follow” button. 


ODDS OF WINNING.

 

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

 

SELECTION AND NOTIFICATION OF WINNERS.


Prize Selection 1


A total of ten (10) winners (each, a “Winner”) will be selected for the prizes described below as follows: Approximately every 24 hours beginning on the commencement of the Entry Period through November 12, 2021, one (1) or two (2) Winners will be randomly selected from all eligible entries received during the Entry Period through the time of the prize selection;  (“First Prize Selection Period”); Sponsor will notify Winners via either (a) through delivery of a redeemable code delivered as part of the Winner’s Gopuff order related to the winning Qualifying Purchase entry, (b) or by direct message on Twitter to the account associated with the winning Alternative Method of Entry, as applicable.  


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.  


Sponsor will deliver prizes to Winners promptly following Prize Selection Date, subject to coordinating delivery with the applicable Winner.  


Prize Selection 2


On or about November 13, 2021, at 5:00 pm CT two (2) Winners will be randomly selected from all eligible entries received during the Entry Period. Sponsor will notify Winners via the mobile phone or email address associated with the Winner’s Gopuff account, or by direct message on Twitter to the account associated with the winning Alternative Method of Entry, as applicable.   


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.  


Sponsor will deliver prizes to Winners promptly following Prize Selection Date, subject to coordinating delivery with the applicable Winner.  


PRIZES.

 

A random drawing will be conducted in connection with the Giveaway, to award the following prizes as follows:

 

  • five (5) Winners will each win two (2) general admission tickets to a Kygo concert, on a date and at a location to be selected by the Sponsor and meet and greet with Kygo at the concert; approximate retail value (“ARV”) $100 per ticket

 

  • five (5) Winners will each win two (2) VIP tickets to a Kygo concert, on a date and at a location to be selected by the Sponsor and meet and greet with Kygo at the concert; ARV $250 per ticket.

 

  • One (1) Winner will win 12 cases of 12 oz cans of Poppi Sparkling Prebiotic Soda, with one case delivered every month for 12 months; ARV $400 

 

  • One (1) Winner will win 48 8oz bags of Daring Plant-Based Breaded / original Chicken Pieces, with one bag delivered four times a month for 12 months; ARV $383

 

Actual value of the prize depends on market conditions at time of fulfillment. Any difference in value between the stated approximate retail value and the actual value of the prize package will not be awarded. 

 

The aggregate ARV for all prizes offered in the Giveaway drawing is $4,283.

 

The various elements of the prize will be as arranged by Sponsor in its sole discretion. Sponsor has no responsibility for lost, stolen, misplaced or mutilated prizes, or any other occurrences beyond its control. No refund or compensation will be made in the event of the cancellation or delay of any concert for which Winner has been awarded a ticket.  Sponsor has no responsibility for a Winner’s inability or failure to accept or use any part of the prize as described herein. The Winner and his or her guest must comply with all check-in and other venue requirements with respect to any concert for which it has been awarded a ticket.  If the Winner is unable to use the prize during the specified time period, the Winner forfeits the prize in its entirety and if time permits, Sponsor will select a substitute Winner at random from among all remaining eligible entries. If a Winner is disqualified and there is no time reasonably to select a substitute Winner, Sponsor reserves the right not to select a substitute Winner and to retain the related prize package. In case of prize forfeiture, no further compensation is due to Winner from Sponsor. 


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 or component of the prize package 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. 


Each Winner is solely responsible for all federal, state, local, or other applicable taxes associated with the acceptance and use of the prize.  Winner and his or her guest are responsible for arranging their own inter-city and intra-city transportation if the Winner is awarded a concert ticket.  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, each 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.  The Winners 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 a Winner (i) is determined to be ineligible or otherwise disqualified by Sponsor, (ii) fails to respond to Sponsor’s first winner notification message within 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 the time of of the initial notification period specified by Sponsor, the Winner will be disqualified and forfeit the prize in its entirety and, if time permits, Sponsor will randomly select a substitute Winner from the remaining eligible entries.   If a Winner is disqualified and there is no time reasonably to select a substitute Winner, Sponsor reserves the right not to select a substitute Winner and to retain the related prize package. 

 

SPONSOR MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRIZES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

 

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 Giveaway, 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 Giveaway 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 GIVEAWAY PARTIES.


The Giveaway Parties assume no liability and are not responsible for, and by entering the Giveaway you hereby waive and release the Giveaway Parties from, any and all actions, claims, damages, losses or injuries of any kind (collectively, “Claims”) arising in connection with the Giveaway and/or the receipt, use or misuse of any prize, or prize-related travel or event attendance, 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 Giveaway, 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 Giveaway. 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 AN ENTRANT, TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY 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 an entrant from participating in the Giveaway or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Giveaway 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 entrants or any Giveaway Parties.


SPONSOR’S RESERVATION OF RIGHTS.


Without limitation to Sponsor’s rights to discontinue or modify the Giveaway for any reason, if the Giveaway 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 Giveaway, Sponsor reserves the right, at its sole discretion, to modify, suspend, or cancel the Giveaway or any affected Giveaway drawing.   All Giveaway 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 GIVEAWAY 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 GIVEAWAY SHALL BE IN PHILADELPHIA COUNTY, PENNSYLVANIA.


PRIVACY.


Any personally identifiable information collected during an entrant’s participation in the Giveaway will be collected and used by Sponsor and its designees (i) for the administration and fulfillment of the Giveaway (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 Winners, please send a self-addressed, postage-stamped envelope to Gopuff, 537 North 3rd Street, Philadelphia, PA 19123, Attn: Palm Tree Crew x Kygo Winners List with the week of the drawing for which you are interested in receiving the Winners list.  Requests must be received within sixty (60) days after the end of the Entry Period.


NO WAIVER/SEVERABILITY/RIGHT TO MODIFY OR DISCONTINUE GIVEAWAY.


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 Giveaway and update these Official Rules at any time.