Masterchef/The Habit Official Rules

May 28, 2019

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Masterchef/The Habit Official Rules

  1. Entry Instructions. To redeem free delivery for the Masterchef/The Habit promotion (the “Promotion”), you must:

a) Have a Postmates account. To create a Postmates account, download the Postmates application and follow the account set up instructions.

b) Input the following promotional code: “THANKSCHEF” by clicking on Settings (upper left hand widget on the home screen) and clicking on “Add Code” in the top right corner, or by adding the code prior to making a purchase by clicking “Add Code” under payment information prior to clicking “Postmate It.” Only entries that input the promotional code “THANKSCHEF” will be considered in the Promotion. Any entries that constitute unlawful behavior will be disqualified from the Promotion. By using the code, entrant is acknowledging and agreeing to these official rules (the “Official Rules”).

One entry per individual. Sponsor (as defined below) in its sole discretion will decide whether a given entry satisfies the criteria for entry in the Promotion. Multiple entrants are not permitted to share the same email address or social media handle. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email or addresses, accounts, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any entrant, the authorized account holder of the email address or social media handle associated with the entry will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address or social media handle by an Internet access provider, online service provider or other organization responsible for assigning email addresses or social media handles for the domain or social media account associated with the entry. Each potential winner may be required to show proof of being the authorized account holder. Sponsor will make the final determination of identity of entrants in its sole discretion.

2. Promotion Limitations. Limit one offer per customer. Offer is only available for the first five-thousand (5,000) Habit Burgers available during the Promotion Period (defined below).

3. Promotion Period. This Promotion begins at 5/28/19 at 10 am Pacific Time (“PT”) on May 28th, 2019 and ends at 11:59 pm PT onMay 28th, 2019 (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Promotion. All entries must be received during the dates and times specified in the Promotion Period. Odds of winning the Promotion depend on the number of eligible entries received during the Promotion Period.

4. Eligibility. In order to be eligible, entrants must (i) have a valid Postmates account; (ii) be at least the age of majority in their jurisdiction of residence; and (iii) be a legal resident of Bakersfield CA, Barstow CA, Boise ID, Charlotte NC, East Bay, El Centro CA, Elizabeth NJ, Everett WA, Flagstaff AZ, Fremont CA, Fresno, Ft. Lauderdale FL, Hanford CA, Las Vegas NV, Long Beach CA, Los Angeles CA, Manteca CA, Miami FL, Modesto CA, Monterey CA, Ogden UT, Orange County CA, Orlando FL, Palm Springs CA, Palmdale CA, Paterson NJ, Philadelphia PA, Phoenix AZ, Redding CA, Reno NV, Richmond VA, Sacramento CA, Saint George UT, Salt Lake City UT, San Bernardino CA, San Diego CA, San Luis Obispo CA, Santa Barbara CA, Santa Cruz CA, Seattle, San Francisco CA, Solvang CA, Stockton CA, Tacoma WA, Tracy CA, Tucson AZ, Vallejo CA, Victorville CA, Visalia CA, Washington DC. Availability shall be limited to the geographic areas where the applicable Habit Burger is located. Void where prohibited by law. Employees of Sponsor and its parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible.

5. Disclaimer, Release and Limit of Liability. SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY OFFER OR YOUR PARTICIPATION IN THE PROMOTION. BY ENTERING THE PROMOTION OR RECEIPT OF ANY OFFER, EACH ENTRANT AGREES TO RELEASE AND HOLD HARMLESS FOX BROADCASTING COMPANY, LLC, SPONSOR, AND EACH OF THEIR SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND OFFER SUPPLIERS, 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 CLAIM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, NEGLIGENCE, GROSS NEGLIGENCE OR OTHER TORTIOUS CONDUCT, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OR MISUSE OF ANY OFFER. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE PROMOTION; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE PROMOTION; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTION OR THE PROCESSING OF ENTRIES; OR (5) 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 OR USE OR MISUSE OF ANY OFFER. No more than the stated number of offers will be awarded.

6. Privacy and Use of Promotion Information. Sponsor collects personal information from you when you enter this Promotion. By entering this Promotion, you expressly consent to Sponsor sharing the contact information provided by you with Fox Broadcasting Company, LLC in connection with the Promotion. Sponsor reserves the right to use any information collected in accordance with its privacy policy, which may be found at https://postmates.com/privacy.

7. GOVERNING LAW AND DISPUTES: THESE OFFICIAL RULES AND THE PROMOTION ARE GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES SHALL BE IN THE COUNTY OF SAN FRANCISCO, CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ANY SUCH CONTROVERSY OR CLAIM WILL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND WILL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF SAN FRANCISCO, CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

8. Sponsor. Sponsor of this Promotion is Postmates Inc., 201 3rd Street, Suite 200, San Francisco, CA 94103 (“Sponsor”).

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