PARTICIPATION TERMS FOR POSTMATES “#BETTERTHANSANTA” GIVEAWAY

NO PURCHASE OR MOBILE DEVICE IS NECESSARY TO PARTICIPATE.  VOID WHERE PROHIBITED.

This Giveaway is in no way sponsored, endorsed or administered by, or associated with Twitter. By participating, you understand that you are providing your information to Postmates and not Twitter. The information you provide will only be used for participation in the Giveaway.

1. The Postmates “#BetterThanSanta” Giveaway (the “Giveaway”) begins 6:00 AM Pacific Time (“PT”) December 15, 2021 and ends 2:00 PM PT December 17, 2021 (“Giveaway Period”).

2. Open only to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older and who have reached the legal age of majority in their state of residence at the time of submission. Employees of Postmates, LLC (“Postmates” or “Sponsor”), and their respective parents, affiliates, franchisees, subsidiaries, advertising and promotion agencies, and the immediate families (spouse, parents, children and siblings and their respective spouses, regardless of where they reside) and individuals living in the same households of such employees, whether or not related, are ineligible to participate or receive an award. Void where prohibited. Subject to all applicable federal, state, and local laws and regulations.

3. How to Participate in the Giveaway:

  1. Use your Twitter account to publicly tweet your holiday wish, including a brief description of your desired holiday gift or ask in the tweet using the hashtags #BetterThanSanta and #PostmatesGiveaway for a chance to have your wish granted (collectively, a “Submission”). All elements must be included to be eligible. 
  2. You (the “Participant”) must include the #BetterThanSanta and #PostmatesGiveaway hashtags in your tweet in order for your Submission to be eligible and considered.  
  3. To submit an entry, a Twitter account is required and can be obtained at no cost at www.twitter.com or by downloading the app from the appropriate app store.  

Limit one (1) Submission per person per Twitter account for the duration of the Giveaway Period. If Submissions are received in excess of the stated limitation from any person (including multiple Twitter accounts), only the first such Submission received will be eligible. During the Giveaway Period, only entries that follow the steps described above will be entered in the Giveaway. Any entries that constitute unlawful behavior will be disqualified from the Giveaway. 

By posting and using the hashtags, the Participant is acknowledging and agreeing to these participation terms (the “Participation Terms”). Submissions must be publicly tweeted and not submitted through direct messages. Postmates will not receive Submissions from users with “protected” or “private” accounts or posts. Private, protected or @Reply messages not received by Postmates will not be valid. Multiple Participants are not permitted to share the same Twitter account. Note: If you have your Twitter account set to private, or deactivate your Twitter account at any time prior to the end of the Giveaway Period, your Submission will be void. Submissions must be in English. By submitting your information and creating/using a Twitter account, you will be required to agree to the Twitter terms of service and privacy policy. If you do not agree to their terms of service and privacy policy, you cannot create a Twitter account or participate in this Giveaway. Data charges may apply if you are accessing Twitter from your mobile device to participate in this Giveaway. Check your wireless carrier for mobile phone capabilities and pricing plan details.

Your Submission may not contain any content that Postmates, in its sole discretion, determines to:

(a)   be vulgar, offensive, sexually explicit, profane or pornographic;

(b)   be derogatory of any race, ancestry, place of origin, color, ethnic origin, citizenship, religion, sex, sexual orientation, age, marital status, family status or disability; endorses any form of hate or hate group; defames, misrepresents or contains disparaging remarks about other people, products or companies;

(c)   be violent or promotes the use of alcohol, illegal drugs, tobacco, or weapons; promotes unsafe activities;

(d)   promote any political agenda or message;

(e)   contain copyrighted materials owned by others (including music, lyrics, or images published on or in websites, television, movies or other media) without permission;

(f) contain third-party trademarks, logos, trade dress or insignia (such as distinctive packaging or building exteriors/interiors), including brand names of products owned by others without permission;

(g)   contain any personal identification, such as persons’ names, e-mail addresses, street addresses or license plate numbers;

(h)   communicate messages inconsistent with the positive image of the Postamates’ name and/or any of its affiliated brands;

(i) contain any material that violates or infringes another’s rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement;

(j) include or refer to any third parties, including but not limited to minors, celebrities and friends or family members who have not authorized such inclusion or reference; or

(k)   violate any law.

Postmates reserves the right to reject any Submission which Postmates determines, in its sole and absolute discretion, does not meet the above criteria or is otherwise offensive or is not in keeping with Postmates’ image and reputation. Postmates reserves the right to remove any Submission without prior notice. Submission must be the original work of the Participant, may not have been previously published, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Submission contains any material or elements that are not owned by the Participant, and/or which are subject to the rights of third parties, the Participant is responsible for obtaining, prior to submission of the Submission, any and all releases and consents necessary to permit the use and exhibition of the Submission by Postmates in the manner set forth in these Participation terms, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Submission. Postmates reserves the right to request proof of these permissions in a form acceptable to Postmates from any Participant at any time. Failure to provide such proof may, if requested, render Submission null and void. By submitting a Submission, the participant warrants and represents that he/she and any persons appearing or who are identifiable in the Submission consent to the submission and use of the Submission in the Giveaway.

By submitting a Submission via Twitter, the Participant consents to being contacted by direct message (“DM”) on Twitter if selected as a potential gift recipient. All Submissions, whether or not selected as a gift recipient, become the property of Postmates and will not be acknowledged or returned. Should multiple users of the same Twitter account participate in the Giveaway and a dispute thereafter arises regarding the identity of the Participant, the authorized account holder of the Twitter account at the time of submission will be considered the Participant and required to comply with these Participation Terms. The “authorized account holder” is the natural person assigned the Twitter account. Use of any automated system and use of any other devices to subvert the submission process to participate is prohibited and will result in disqualification (and all associated Submissions will be void). The potential gift recipients may be required to show proof of being the authorized account holder of said social media account.

4. Selection of Gift Recipients and Process Notification: The Giveaway is a game of skill and chance plays no part in the winner selection process. All valid Submissions received will be judged based on originality and feasibility in Postmates absolute and sole discretion. The gift recipient(s) or “wishes granted” will be chosen by Postmates based on the originality, feasibility and these Participation Terms. Postmates will notify gift recipient(s) via Twitter, and/or by other means provided within the Giveaway materials, on or around December 15 -17, 2021. Postmates  is not responsible for any delay or failure to receive notification for any reason, including inactive account(s), technical difficulties associated therewith, or gift recipient’s failure to adequately monitor any account. The gift recipient(s) must then respond to Sponsor within twenty-four (24) hours following receipt of notice and, in any event, before the end of the Giveaway Period. Should the gift recipient(s)  fail to respond to Postmates, or in the event that the gift recipient’s  Submission is invalid, Postmates reserves the right to disqualify that gift recipient and select the next best entry that was originally judged. In the event of a tie, a gift recipient will be selected from the tied best entries by random-chance selection. Gift recipient may be required to sign an affidavit of eligibility, liability release and a publicity release.  By entering or accepting any gift, gift recipient allows Postmates to use the gift recipient(s) entry, name, photograph, likeness, voice, opinions, testimonials, gift request, gift information, biographical information, hometown and state for publicity and promotional purposes without further compensation where permitted by law. Except where prohibited, participation in the Giveaway constitutes Participant’s consent to Postmates’ use of Participant’s Submission, name, likeness, voice, opinions, testimonial, gift request, biographical information, hometown and state for promotional purposes in any media without further payment or consideration.

5. Awarded Gifts: All gifts or “wishes granted” in the Giveaway shall be awarded at Postmates’ sole and absolute discretion (each a “Gift”). Up to two hundred and fifty (250) gift recipients will receive a Gift. Gifts will vary depending on the wishes received and location availability. Estimated Retail Value (“ERV”) will be between USD $10.00 up to $3,000.00. 

Total ERV of all Gifts awarded combined shall not exceed: $40,000.00. The value of the Gifts is based on the ERV at the commencement of the Giveaway. No compensation will be offered for any difference in value between the stated ERV and the actual ERV at time of the Gift being awarded. Gift recipients will be responsible for all taxes (including federal, state, and local taxes) and any other costs and expenses associated with acceptance and use of a Gift not described herein as being awarded. Gifts are not transferable, redeemable for cash, or substitutable except by Postmates, which reserves the right, at its discretion, to substitute a Gift or portion of a Gift with one of comparable or greater value. All Gift details are at the sole discretion of Postmates. Limit one (1) Gift per person and per household for the duration of the Giveaway Period. Gifts may be reported as income to the Gift recipient(s) will be responsible for all taxes associated with the receipt of the GIft. All Gift details are at the sole discretion of Postmates. Postmates reserves the right to not provide all gifts if, in its sole discretion, it has not received a sufficient number of eligible and qualified Submissions. Potential gift recipients are subject to verification of eligibility and compliance with these Participation terms.

6. Potential Gift recipients will be notified by DM to their Twitter account and will be required to respond within twenty-four (24) hours following receipt of notice and, in any event, before the end of the Giveaway Period. In the event that a response to any given DM is not received within the stated time frame a potential gift recipient is not in compliance with these Participation Terms, the Gift may be forfeited and, at Postmates’ discretion, an alternate gift recipient may be selected for the Gift at issue. Potential Gift recipients will be required, in the sole discretion of Postmates, to execute and return an affidavit of eligibility and a liability release and, where legal, a publicity release within twenty-four (24) hours (or prior to the end of the Giveaway period) of date of issuance or those documents or Gift may be forfeited and, at Postmates’ discretion, awarded to the next runner up. In the event a potential gift recipient is not in compliance with these Participation Terms, or the gift or gift notification is returned as undeliverable, the gift may be forfeited and, at Postmates’ discretion, an alternate Gift recipient may be selected for the Gift at issue based on the criteria stated above. 

7. By participating, Participants agree as follows: a) to abide by these Participation Terms, and to the decisions of Postmates and their designees, which shall be final and binding in all respects; b) to the use of their names and/or likenesses and/or biographical data by Postmates and its designees if selected as a gift recipient for advertising, promotional and other purposes in any or all media now or hereafter known throughout the world in perpetuity without compensation, permission or notification (except where prohibited by law); and c) THAT POSTMATES, MOMAGER, INC, KRIS JENNER, TWITTER, AND ANY OF THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, RETAILERS, DISTRIBUTORS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL HAVE NO LIABILITY AND SHALL BE HELD HARMLESS FOR ANY DAMAGE, LOSS OR INJURY TO AN PARTICIPANT OR ANY THIRD PARTY RESULTING FROM PARTICIPATION IN THIS GIVEAWAY OR THE USE OR MISUSE OF ANY GIFT (INCLUDING ANY TRAVEL/ACTIVITY RELATED THERETO). GIFTS ARE AWARDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES EXCEPT FOR ANY “IN THE BOX” WARRANTY THAT MAY BE PROVIDED WITH A GIFT. Released Parties are not responsible for lost, delayed, interrupted or unavailable network, server, cable, satellite, Internet Service Provider (ISP) or other connections, miscommunications, failed phone, computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other errors or malfunctions of any kind whether computer, network, human, mechanical, electronic, printing, typographical or otherwise relating to or in connection with this Giveaway, including, without limitation, errors or problems which may occur in connection with the administration of the Giveaway, the processing or rating of Submissions, the announcement of the awards or in any Giveaway-related materials or for any damage to Participant’s or other person’s computer, hardware or software as a result of participation. Released Parties are also not responsible for Submissions or associated DMs that are lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered garbled or delayed by computer transmissions and all such Submissions are void. Postmates is not responsible for any gift that is lost, damaged, stolen, delayed, misdirected, or undelivered. Persons found tampering with or abusing any aspect of this Giveaway or who are in violation of these Participation Terms as solely determined by Postmates will be disqualified and all associated Submissions will be void. Every Submission must be manually keystroked and manually entered by the individual participant and repetitive automated electronic submission of Submissions is specifically disallowed. Use of script, macro or automated submission software or programs or any other means that subvert the submission process is prohibited and all such Submissions will be void. In the event the Giveaway is compromised by virus, bugs, worms, non-authorized human intervention or other causes which corrupt or impair the administration, security, fairness or proper play of the Giveaway, including but not limited to Acts of God, epidemic or pandemic, or if Giveaway is unable to run as planned for any other reason, Postmates reserves the right in its sole discretion to modify, suspend or terminate the Giveaway or any portion thereof and/or terminate the participation of any Participant (and void his/her Submission/ies) whose conduct potentially compromises the Giveaway and at its sole discretion, if terminated, to award the awards from among all eligible, non-suspect Submissions received prior to the act requiring such suspension or termination using the applicable rating procedure outlined above. The invalidity or unenforceability of any provision of these Participation Terms shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Participation Terms shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. CAUTION: Any attempt by an Participant to damage the website or undermine the legitimate operation of the Giveaway is a violation of criminal and civil laws. Should such an attempt be made, Postmatesr reserves the right to seek damages and other remedies (including attorneys’ fees) to the fullest extent permitted by law. The Giveaway is governed by the laws of the State of California without regard to its conflict of laws principles, with venue in San Francisco County, California.

8. EXCEPT WHERE PROHIBITED BY LAW, AS A CONDITION OF PARTICIPATING IN THIS GIVEAWAY, YOU AGREE THAT A) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT OF POCKET EXPENSES, IF ANY; B) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS GIVEAWAY, OR ANY COMPENSATION OR CREDIT TO BE PROVIDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND EXCLUSIVELY BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT (“FAA”, Title 9 of the United States Code) UNDER THE AUSPICES OF THE AMERICAN ARBITRATION ASSOCIATION; C) THE  FEDERAL ARBITRATION ACT SHALL GOVERN THE INTERPRETATION, ENFORCEMENT AND ALL PROCEEDINGS AT SUCH ARBITRATION; AND D) JUDGEMENT UPON SUCH ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO THIS GIVEAWAY, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF YOUR SUBMISSION, YOU MAY OPT-OUT OF THIS, AND ONLY THIS, PART OF THE PARTICIPATION TERMS BY NOTIFYING POSTMATES OF SUCH OPT-OUT REQUEST BY PROVIDING WRITTEN NOTICE AND MAILING SUCH NOTICE TO:  POSTMATES “#BETTERTHANSANTA” GIVEAWAY – ARBITRATION REJECTION, P.O. BOX 1515 3RD STREET, SAN FRANCISCO, CA 94158. ANY OPT-OUT RECEIVED AFTER THE THIRTY (30) DAY TIME PERIOD WILL NOT BE VALID AND YOU MUST PURSUE YOUR CLAIM, IF ANY, VIA ARBITRATION PURSUANT TO THESE PARTICIPATION TERMS. ANY AND ALL CLAIMS, JUDGMENTS, AND AWARD SHALL BE LIMITED TO ACTUAL OUT OF POCKET COSTS INCURRED, IF ANY, AND IN NO EVENT SHALL YOU BE ENTITLED TO RECEIVE ATTORNEYS’ FEES OR OTHER LEGAL COSTS OR EXPENSES.

9. Information submitted in connection with the Giveaway will be treated in accordance with these Participation Terms and Postmates’ Privacy Policy (as may be amended from time to time), currently located at https://www.uber.com/legal/privacy-notice; provided, that in the event of any conflict between these Participation Terms and such Privacy Notice, the terms and conditions of these Participation Terms shall prevail.

10. The names of the gift recipients (available after December 30, 2021) and/or a copy of these Participation Terms may be obtained by mailing a self-addressed, stamped #10 envelope to: Postmates “#BetterThanSanta” Giveaway – Gift recipients/Rules (please specify which), 1515 3rd Street, San Francisco, CA 94158, for receipt no later than January 30, 2022. VT residents omit return postage on Participation Terms requests.

11.  Sponsor and administered by:  Postmates LLC, 1515 3rd Street, San Francisco, CA 94158.

12. Twitter, Inc., Momager, Inc., and Kris Jenner, or their affiliated companies, parent companies, subsidiaries, participating promotional partners, advertising and promotion agencies are not a sponsor of the Sweepstakes, and are in no way responsible for the administration of the Giveaway, the verification of gift recipients or the fulfillment of the Gifts.  All inquiries regarding the Giveaway should be directed to Sponsor.