OFFICIAL RULES. NO PURCHASE NECESSARY TO ENTER THE GIVEAWAY. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.

Submitting an entry constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor and Judges, which shall be final and binding on all matters relating to the Giveaway.

1. Giveaway Timing: FoodKick Instagram Sweepstakes (the “Giveaway”) begins 12:00 a.m. Eastern Time (“ET”) on 12/2/2016 and ends 11:59 p.m. ET on 12/7/2016 (the “Giveaway Period”). Sponsor’s clock is the official timekeeping device for this Giveaway.

2. Eligibility: The Giveaway is open only to legal U.S. residents, who are 18 years of age or older and who reside in the FoodKick delivery area in the states of NY and who have an iPhone or Android phone with a data plan and a valid public Instagram account. Employees of Fresh Direct (“Sponsor”), its officers, directors, members, shareholders and advertising and promotional agencies, including Don Jagoda Associates, Inc., and their respective affiliates and subsidiaries, and the immediate family members and people living in the same household of each are not eligible. Void where prohibited and subject to all federal, state and local laws. Void outside NY and where prohibited or restricted by law and subject to all federal, state and local laws.

3. How to Enter the Giveaway: During the Giveaway Period, you (“Entrant”) may enter the Giveaway on Instagram tagging an eligible Instagram user in the comment section of the FoodKick post. Entries must be received by 11:59 p.m. ET on 12/7/2016. Normal phone/usage/subscription access charges imposed by your phone/device service provider will apply. Standard data and message rates may apply.

4. Privacy: By providing this information, you authorize Sponsor: to collect, process and use such information for lawful, Sponsor business related purposes; to store your information at and transmit it to various locations throughout the world, either directly or through third party vendors, whether within the United States, or elsewhere. To learn more about our data collection and usage practices, please see our Privacy Statement at https://www.freshdirect.com/help/privacy_policy.jsp.

5. Random Drawing: One (1) Grand Prize winner will be selected in a random drawing from all eligible Entries on or about 6/9/2016. Drawing will be conducted by the Sponsor, whose decisions will be final and binding on all matters related to the Giveaway. Odds of winning depend on the total number of eligible Entries received throughout the Giveaway Period.

6. Prize: One (1) Grand Prize: Two (2) orders on FoodKick up to $50 each (ARV: $100.00). Gift cards are subject to restrictions and an expiration date may apply. Winner will be notified by direct message on Instagram from @FoodKick and required to respond within 48 hours of notification and confirmed via e-mail/mail. No substitution or transfer of prize is permitted. Return of prize or prize notification as undeliverable will result in disqualification and alternate selection. No substitutions or exchanges (including for cash) of prize will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for the prize.

7. General Rules: By participating in the Giveaway, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor and Judges. All Entries will be declared made by the authorized account holder of the email address registered to the Instagram account that submitted the Entry. “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. The Sponsor and Giveaway Entities (defined below)—and any of their respective directors, officers, employees, professional advisors, and agents—are not responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or Entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Giveaway disruptions, injuries, losses or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Giveaway. Sponsor reserves the right to cancel the Giveaway if any aspect of the Giveaway becomes technically corrupted, and conduct a random drawing to select the Grand Prize winner from the eligible Entries received prior to cancellation. The Sponsor reserves the right in its sole discretion to disqualify any individual that tampers or attempts to tamper with the Entry process or the operation of the Giveaway; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the fairness, proper play, or legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

8. Sponsor’s Rights to Entries: For the good and valuable consideration of participating in the Giveaway and having your Entry considered for use by Sponsor, or any of their websites and/or as otherwise detailed below, sufficiency of which, you hereby acknowledge, you hereby grant to Sponsor, its parent companies, affiliates, brands, subsidiaries, successors, licensees, agents and agencies and those they may designate from time to time (all of the foregoing, the “Giveaway Entities”), a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license to use, copy, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, transmit, display, and perform such Entry, in whole or in part, in any media, format or technology, whether now known or later discovered, and in any manner including all promotional, advertising, marketing, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law). You also hereby grant to the Giveaway Entities an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right to use your name, likeness, Entry, nickname, user name, Instagram user name, and biographical information (collectively “Personal Content”) as contained in your Entry, in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, whether now known or later discovered, and in any manner including all promotional, advertising, marketing, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law). Without limitation of the foregoing, submission of an Entry constitutes your agreement that the Giveaway Entities are permitted (but are not obligated) to display the Entry online (whether on Giveaway Entities’ web pages, applications or on third party web pages or applications), to incorporate the Entry in online and offline promotional advertising, marketing, and/or other commercial materials, and to reproduce, adapt and distribute the Entry in all media now known or later developed. In addition, you hereby grant to the Sponsor a worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license in and to all rights, titles, and interests that you may be deemed to have in any reproduction, product, or derivative work using or incorporating the Entry. You represent and warrant that: (i) the Entry and the use of your Entry contemplated in these Official Rules does not and will not infringe on any copyright or trademark or any other third-party right (personal, proprietary, or otherwise) or violate any applicable law or regulation, (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright, trademark and other related rights to the Entry and Personal Content, free and clear of all claims and encumbrances and without violating the rights of any person or entity, including without limitation any right of privacy or publicity or any other personal or proprietary right. You waive any right to inspect or approve uses of the Entry or to be compensated for any such uses.

9. Liability Release: By entering the Giveaway, you (on behalf of yourself and your successors, assigns, and representatives) release and hold harmless Sponsor, Instagram, Don Jagoda Associates, Inc., and all Giveaway Entities (and each of their respective officers, directors, employees, professional advisors, agents, retailers, shareholders, members, and representatives) from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Giveaway, your Entry, or delivery, mis-delivery, acceptance, possession, or use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, intellectual property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.  Without limitation of the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain or interfere with use of the Entry or your Personal Content as permitted hereunder or the exploitation of any of the Giveaway Entities’ rights hereunder. You further agree to release and indemnify, defend and hold harmless the Giveaway Entities from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Giveaway Entities infringes on your rights as contained in the Entry. You agree that you shall have no right of approval, no claim to compensation or benefit, and no claim (including, without limitation, claims based upon invasion of privacy, copyright infringement, defamation, or right or publicity) arising out of any use of Entry or Personal Content or any editing, distortion, alteration, optical illusion, or use in partial or composite form, whether or not intentional.

10. Applicable Laws and Jurisdiction: This Giveaway is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of New York. All disputes arising out of or connected with this Giveaway will be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, NY. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Giveaway and shall not include any indirect, punitive, incidental and/or consequential damages.

11. Winner: For the name of the winner, available after 12/7/2016, for a period of at least 30 days, visit blog.freshdirect.com. 

12. Sponsor: The Sponsor of the Giveaway is Fresh Direct, LLC, 23-30 Borden Avenue, Long Island City, NY 11101.

The Giveaway is in no way sponsored, endorsed or administered by, or associated with, Instagram. You understand that you are providing your information to Fresh Direct, LLC and not to Instagram. The information you provide will only be used in connection with this Giveaway or in connection with promotional or other activities of Fresh Direct, LLC.

OFFICIAL RULES. NO PURCHASE NECESSARY TO ENTER THE GIVEAWAY. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.

Submitting an entry constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor and Judges, which shall be final and binding on all matters relating to the Giveaway.

1. Giveaway Timing: FoodKick Instagram Sweepstakes (the “Giveaway”) begins 12:00 a.m. Eastern Time (“ET”) on 10/31/2016 and ends 11:59 p.m. ET on 11/2/2016 (the “Giveaway Period”). Sponsor’s clock is the official timekeeping device for this Giveaway.

2. Eligibility: The Giveaway is open only to legal U.S. residents, who are 18 years of age or older and who reside in the FoodKick delivery area in the states of NY and who have an iPhone or Android phone with a data plan and a valid public Instagram account. Employees of Fresh Direct (“Sponsor”), its officers, directors, members, shareholders and advertising and promotional agencies, including Don Jagoda Associates, Inc., and their respective affiliates and subsidiaries, and the immediate family members and people living in the same household of each are not eligible. Void where prohibited and subject to all federal, state and local laws. Void outside NY and where prohibited or restricted by law and subject to all federal, state and local laws.

3. How to Enter the Giveaway: During the Giveaway Period, you (“Entrant”) may enter the Giveaway on Instagram tagging an eligible Instagram user in the comment section of the FoodKick post. Entries must be received by 11:59 p.m. ET on 11/2/2016. Normal phone/usage/subscription access charges imposed by your phone/device service provider will apply. Standard data and message rates may apply.

4. Privacy: By providing this information, you authorize Sponsor: to collect, process and use such information for lawful, Sponsor business related purposes; to store your information at and transmit it to various locations throughout the world, either directly or through third party vendors, whether within the United States, or elsewhere. To learn more about our data collection and usage practices, please see our Privacy Statement at https://www.freshdirect.com/help/privacy_policy.jsp.

5. Random Drawing: One (1) Grand Prize winner will be selected in a random drawing from all eligible Entries on or about 11/2/2016. Drawing will be conducted by the Sponsor, whose decisions will be final and binding on all matters related to the Giveaway. Odds of winning depend on the total number of eligible Entries received throughout the Giveaway Period.

6. Prize: One (1) Grand Prize: Two (2) orders on FoodKick up to $50 each (ARV: $100.00). Gift cards are subject to restrictions and an expiration date may apply. Winner will be notified by direct message on Instagram from @FoodKick and required to respond within 48 hours of notification and confirmed via e-mail/mail. No substitution or transfer of prize is permitted. Return of prize or prize notification as undeliverable will result in disqualification and alternate selection. No substitutions or exchanges (including for cash) of prize will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for the prize.
7. Prizes: Each confirmed winner (as described above) who resides in the Manhattan or New York City area (in Sponsor’s sole discretion) will receive a FoodKick credit added to their FoodKick account in the amount specified in the chart above, based on the timing of the final guess. If FoodKick is not available in your area at the time of entry but is available by 12/31/16, you will still receive prize as a FoodKick credit. Anyone residing outside of the Manhattan or New York City area (in Sponsor’s sole discretion) or FoodKick is not available in their area by 12/31/16 will receive a Sponsor-specified Gift Card in lieu of the FoodKick credit in the prize amount awarded. If you do receive the prize as a FoodKick credit and you do not have a FoodKick account, you may create one for free by visiting foodkick.com and downloading the app to your mobile device.  Limit one Prize per person.

7. General Rules: By participating in the Giveaway, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor and Judges. All Entries will be declared made by the authorized account holder of the email address registered to the Instagram account that submitted the Entry. “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. The Sponsor and Giveaway Entities (defined below)—and any of their respective directors, officers, employees, professional advisors, and agents—are not responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or Entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Giveaway disruptions, injuries, losses or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Giveaway. Sponsor reserves the right to cancel the Giveaway if any aspect of the Giveaway becomes technically corrupted, and conduct a random drawing to select the Grand Prize winner from the eligible Entries received prior to cancellation. The Sponsor reserves the right in its sole discretion to disqualify any individual that tampers or attempts to tamper with the Entry process or the operation of the Giveaway; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the fairness, proper play, or legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

8. Sponsor’s Rights to Entries: For the good and valuable consideration of participating in the Giveaway and having your Entry considered for use by Sponsor, or any of their websites and/or as otherwise detailed below, sufficiency of which, you hereby acknowledge, you hereby grant to Sponsor, its parent companies, affiliates, brands, subsidiaries, successors, licensees, agents and agencies and those they may designate from time to time (all of the foregoing, the “Giveaway Entities”), a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license to use, copy, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, transmit, display, and perform such Entry, in whole or in part, in any media, format or technology, whether now known or later discovered, and in any manner including all promotional, advertising, marketing, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law). You also hereby grant to the Giveaway Entities an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right to use your name, likeness, Entry, nickname, user name, Instagram user name, and biographical information (collectively “Personal Content”) as contained in your Entry, in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, whether now known or later discovered, and in any manner including all promotional, advertising, marketing, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law). Without limitation of the foregoing, submission of an Entry constitutes your agreement that the Giveaway Entities are permitted (but are not obligated) to display the Entry online (whether on Giveaway Entities’ web pages, applications or on third party web pages or applications), to incorporate the Entry in online and offline promotional advertising, marketing, and/or other commercial materials, and to reproduce, adapt and distribute the Entry in all media now known or later developed. In addition, you hereby grant to the Sponsor a worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license in and to all rights, titles, and interests that you may be deemed to have in any reproduction, product, or derivative work using or incorporating the Entry. You represent and warrant that: (i) the Entry and the use of your Entry contemplated in these Official Rules does not and will not infringe on any copyright or trademark or any other third-party right (personal, proprietary, or otherwise) or violate any applicable law or regulation, (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright, trademark and other related rights to the Entry and Personal Content, free and clear of all claims and encumbrances and without violating the rights of any person or entity, including without limitation any right of privacy or publicity or any other personal or proprietary right. You waive any right to inspect or approve uses of the Entry or to be compensated for any such uses.

9. Liability Release: By entering the Giveaway, you (on behalf of yourself and your successors, assigns, and representatives) release and hold harmless Sponsor, Instagram, Don Jagoda Associates, Inc., and all Giveaway Entities (and each of their respective officers, directors, employees, professional advisors, agents, retailers, shareholders, members, and representatives) from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Giveaway, your Entry, or delivery, mis-delivery, acceptance, possession, or use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, intellectual property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.  Without limitation of the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain or interfere with use of the Entry or your Personal Content as permitted hereunder or the exploitation of any of the Giveaway Entities’ rights hereunder. You further agree to release and indemnify, defend and hold harmless the Giveaway Entities from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Giveaway Entities infringes on your rights as contained in the Entry. You agree that you shall have no right of approval, no claim to compensation or benefit, and no claim (including, without limitation, claims based upon invasion of privacy, copyright infringement, defamation, or right or publicity) arising out of any use of Entry or Personal Content or any editing, distortion, alteration, optical illusion, or use in partial or composite form, whether or not intentional.

10. Applicable Laws and Jurisdiction: This Giveaway is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of New York. All disputes arising out of or connected with this Giveaway will be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, NY. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Giveaway and shall not include any indirect, punitive, incidental and/or consequential damages.

11. Winner: For the name of the winner, available after 11/2/2016, for a period of at least 30 days, visit blog.freshdirect.com. 

12. Sponsor: The Sponsor of the Giveaway is Fresh Direct, LLC, 23-30 Borden Avenue, Long Island City, NY 11101.

The Giveaway is in no way sponsored, endorsed or administered by, or associated with, Instagram. You understand that you are providing your information to Fresh Direct, LLC and not to Instagram. The information you provide will only be used in connection with this Giveaway or in connection with promotional or other activities of Fresh Direct, LLC.

OFFICIAL RULES. NO PURCHASE NECESSARY TO ENTER THE GIVEAWAY. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.

Submitting an entry constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor and Judges, which shall be final and binding on all matters relating to the Giveaway.

1. Giveaway Timing: FoodKick Instagram Sweepstakes (the “Giveaway”) begins 12:00 a.m. Eastern Time (“ET”) on 10/20/2016 and ends 11:59 p.m. ET on 10/24/2016 (the “Giveaway Period”). Sponsor’s clock is the official timekeeping device for this Giveaway.

2. Eligibility: The Giveaway is open only to legal U.S. residents, who are 18 years of age or older and who reside in the FoodKick delivery area in the states of NY and who have an iPhone or Android phone with a data plan and a valid public Instagram account. Employees of Fresh Direct (“Sponsor”), its officers, directors, members, shareholders and advertising and promotional agencies, including Don Jagoda Associates, Inc., and their respective affiliates and subsidiaries, and the immediate family members and people living in the same household of each are not eligible. Void where prohibited and subject to all federal, state and local laws. Void outside NY and where prohibited or restricted by law and subject to all federal, state and local laws.

3. How to Enter the Giveaway: During the Giveaway Period, you (“Entrant”) may enter the Giveaway on Instagram tagging an eligible Instagram user in the comment section of the FoodKick post. Entries must be received by 11:59 p.m. ET on 10/24/2016. Normal phone/usage/subscription access charges imposed by your phone/device service provider will apply. Standard data and message rates may apply.

4. Privacy: By providing this information, you authorize Sponsor: to collect, process and use such information for lawful, Sponsor business related purposes; to store your information at and transmit it to various locations throughout the world, either directly or through third party vendors, whether within the United States, or elsewhere. To learn more about our data collection and usage practices, please see our Privacy Statement at https://www.freshdirect.com/help/privacy_policy.jsp.

5. Random Drawing: One (1) Grand Prize winner will be selected in a random drawing from all eligible Entries on or about 10/24/2016. Drawing will be conducted by the Sponsor, whose decisions will be final and binding on all matters related to the Giveaway. Odds of winning depend on the total number of eligible Entries received throughout the Giveaway Period.

6. Prize: One (1) Grand Prize: Two (2) orders on FoodKick up to $50 each (ARV: $100.00). Gift cards are subject to restrictions and an expiration date may apply. Winner will be notified by direct message on Instagram from @FoodKick and required to respond within 48 hours of notification and confirmed via e-mail/mail. No substitution or transfer of prize is permitted. Return of prize or prize notification as undeliverable will result in disqualification and alternate selection. No substitutions or exchanges (including for cash) of prize will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for the prize.
7. Prizes: Each confirmed winner (as described above) who resides in the Manhattan or New York City area (in Sponsor’s sole discretion) will receive a FoodKick credit added to their FoodKick account in the amount specified in the chart above, based on the timing of the final guess. If FoodKick is not available in your area at the time of entry but is available by 12/31/16, you will still receive prize as a FoodKick credit. Anyone residing outside of the Manhattan or New York City area (in Sponsor’s sole discretion) or FoodKick is not available in their area by 12/31/16 will receive a Sponsor-specified Gift Card in lieu of the FoodKick credit in the prize amount awarded. If you do receive the prize as a FoodKick credit and you do not have a FoodKick account, you may create one for free by visiting foodkick.com and downloading the app to your mobile device.  Limit one Prize per person.

7. General Rules: By participating in the Giveaway, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor and Judges. All Entries will be declared made by the authorized account holder of the email address registered to the Instagram account that submitted the Entry. “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. The Sponsor and Giveaway Entities (defined below)—and any of their respective directors, officers, employees, professional advisors, and agents—are not responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or Entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Giveaway disruptions, injuries, losses or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Giveaway. Sponsor reserves the right to cancel the Giveaway if any aspect of the Giveaway becomes technically corrupted, and conduct a random drawing to select the Grand Prize winner from the eligible Entries received prior to cancellation. The Sponsor reserves the right in its sole discretion to disqualify any individual that tampers or attempts to tamper with the Entry process or the operation of the Giveaway; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the fairness, proper play, or legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

8. Sponsor’s Rights to Entries: For the good and valuable consideration of participating in the Giveaway and having your Entry considered for use by Sponsor, or any of their websites and/or as otherwise detailed below, sufficiency of which, you hereby acknowledge, you hereby grant to Sponsor, its parent companies, affiliates, brands, subsidiaries, successors, licensees, agents and agencies and those they may designate from time to time (all of the foregoing, the “Giveaway Entities”), a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license to use, copy, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, transmit, display, and perform such Entry, in whole or in part, in any media, format or technology, whether now known or later discovered, and in any manner including all promotional, advertising, marketing, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law). You also hereby grant to the Giveaway Entities an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right to use your name, likeness, Entry, nickname, user name, Instagram user name, and biographical information (collectively “Personal Content”) as contained in your Entry, in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, whether now known or later discovered, and in any manner including all promotional, advertising, marketing, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law). Without limitation of the foregoing, submission of an Entry constitutes your agreement that the Giveaway Entities are permitted (but are not obligated) to display the Entry online (whether on Giveaway Entities’ web pages, applications or on third party web pages or applications), to incorporate the Entry in online and offline promotional advertising, marketing, and/or other commercial materials, and to reproduce, adapt and distribute the Entry in all media now known or later developed. In addition, you hereby grant to the Sponsor a worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license in and to all rights, titles, and interests that you may be deemed to have in any reproduction, product, or derivative work using or incorporating the Entry. You represent and warrant that: (i) the Entry and the use of your Entry contemplated in these Official Rules does not and will not infringe on any copyright or trademark or any other third-party right (personal, proprietary, or otherwise) or violate any applicable law or regulation, (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright, trademark and other related rights to the Entry and Personal Content, free and clear of all claims and encumbrances and without violating the rights of any person or entity, including without limitation any right of privacy or publicity or any other personal or proprietary right. You waive any right to inspect or approve uses of the Entry or to be compensated for any such uses.

9. Liability Release: By entering the Giveaway, you (on behalf of yourself and your successors, assigns, and representatives) release and hold harmless Sponsor, Instagram, Don Jagoda Associates, Inc., and all Giveaway Entities (and each of their respective officers, directors, employees, professional advisors, agents, retailers, shareholders, members, and representatives) from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Giveaway, your Entry, or delivery, mis-delivery, acceptance, possession, or use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, intellectual property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.  Without limitation of the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain or interfere with use of the Entry or your Personal Content as permitted hereunder or the exploitation of any of the Giveaway Entities’ rights hereunder. You further agree to release and indemnify, defend and hold harmless the Giveaway Entities from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Giveaway Entities infringes on your rights as contained in the Entry. You agree that you shall have no right of approval, no claim to compensation or benefit, and no claim (including, without limitation, claims based upon invasion of privacy, copyright infringement, defamation, or right or publicity) arising out of any use of Entry or Personal Content or any editing, distortion, alteration, optical illusion, or use in partial or composite form, whether or not intentional.

10. Applicable Laws and Jurisdiction: This Giveaway is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of New York. All disputes arising out of or connected with this Giveaway will be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, NY. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Giveaway and shall not include any indirect, punitive, incidental and/or consequential damages.

11. Winner: For the name of the winner, available after 10/24/2016, for a period of at least 30 days, visit blog.freshdirect.com. 

12. Sponsor: The Sponsor of the Giveaway is Fresh Direct, LLC, 23-30 Borden Avenue, Long Island City, NY 11101.

The Giveaway is in no way sponsored, endorsed or administered by, or associated with, Instagram. You understand that you are providing your information to Fresh Direct, LLC and not to Instagram. The information you provide will only be used in connection with this Giveaway or in connection with promotional or other activities of Fresh Direct, LLC.

OFFICIAL RULES. NO PURCHASE NECESSARY TO ENTER THE GIVEAWAY. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.

Submitting an entry constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor and Judges, which shall be final and binding on all matters relating to the Giveaway.

1. Giveaway Timing: FoodKick Instagram Sweepstakes (the “Giveaway”) begins 12:00 a.m. Eastern Time (“ET”) on 10/17/2016 and ends 11:59 p.m. ET on 10/20/2016 (the “Giveaway Period”). Sponsor’s clock is the official timekeeping device for this Giveaway.

2. Eligibility: The Giveaway is open only to legal U.S. residents, who are 18 years of age or older and who reside in the FoodKick delivery area in the states of NY and who have an iPhone or Android phone with a data plan and a valid public Instagram account. Employees of Fresh Direct (“Sponsor”), its officers, directors, members, shareholders and advertising and promotional agencies, including Don Jagoda Associates, Inc., and their respective affiliates and subsidiaries, and the immediate family members and people living in the same household of each are not eligible. Void where prohibited and subject to all federal, state and local laws. Void outside NY and where prohibited or restricted by law and subject to all federal, state and local laws.

3. How to Enter the Giveaway: During the Giveaway Period, you (“Entrant”) may enter the Giveaway on Instagram tagging an eligible Instagram user in the comment section of the FoodKick post. Entries must be received by 11:59 p.m. ET on 10/20/2016. Normal phone/usage/subscription access charges imposed by your phone/device service provider will apply. Standard data and message rates may apply.

4. Privacy: By providing this information, you authorize Sponsor: to collect, process and use such information for lawful, Sponsor business related purposes; to store your information at and transmit it to various locations throughout the world, either directly or through third party vendors, whether within the United States, or elsewhere. To learn more about our data collection and usage practices, please see our Privacy Statement at https://www.freshdirect.com/help/privacy_policy.jsp.

5. Random Drawing: One (1) Grand Prize winner will be selected in a random drawing from all eligible Entries on or about 10/20/2016. Drawing will be conducted by the Sponsor, whose decisions will be final and binding on all matters related to the Giveaway. Odds of winning depend on the total number of eligible Entries received throughout the Giveaway Period.

6. Prize: One (1) Grand Prize: Two (2) orders on FoodKick up to $50 each (ARV: $100.00). Gift cards are subject to restrictions and an expiration date may apply. Winner will be notified by direct message on Instagram from @FoodKick and required to respond within 48 hours of notification and confirmed via e-mail/mail. No substitution or transfer of prize is permitted. Return of prize or prize notification as undeliverable will result in disqualification and alternate selection. No substitutions or exchanges (including for cash) of prize will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for the prize.
7. Prizes: Each confirmed winner (as described above) who resides in the Manhattan or New York City area (in Sponsor’s sole discretion) will receive a FoodKick credit added to their FoodKick account in the amount specified in the chart above, based on the timing of the final guess. If FoodKick is not available in your area at the time of entry but is available by 12/31/16, you will still receive prize as a FoodKick credit. Anyone residing outside of the Manhattan or New York City area (in Sponsor’s sole discretion) or FoodKick is not available in their area by 12/31/16 will receive a Sponsor-specified Gift Card in lieu of the FoodKick credit in the prize amount awarded. If you do receive the prize as a FoodKick credit and you do not have a FoodKick account, you may create one for free by visiting foodkick.com and downloading the app to your mobile device.  Limit one Prize per person.

7. General Rules: By participating in the Giveaway, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor and Judges. All Entries will be declared made by the authorized account holder of the email address registered to the Instagram account that submitted the Entry. “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. The Sponsor and Giveaway Entities (defined below)—and any of their respective directors, officers, employees, professional advisors, and agents—are not responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or Entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Giveaway disruptions, injuries, losses or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Giveaway. Sponsor reserves the right to cancel the Giveaway if any aspect of the Giveaway becomes technically corrupted, and conduct a random drawing to select the Grand Prize winner from the eligible Entries received prior to cancellation. The Sponsor reserves the right in its sole discretion to disqualify any individual that tampers or attempts to tamper with the Entry process or the operation of the Giveaway; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the fairness, proper play, or legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

8. Sponsor’s Rights to Entries: For the good and valuable consideration of participating in the Giveaway and having your Entry considered for use by Sponsor, or any of their websites and/or as otherwise detailed below, sufficiency of which, you hereby acknowledge, you hereby grant to Sponsor, its parent companies, affiliates, brands, subsidiaries, successors, licensees, agents and agencies and those they may designate from time to time (all of the foregoing, the “Giveaway Entities”), a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license to use, copy, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, transmit, display, and perform such Entry, in whole or in part, in any media, format or technology, whether now known or later discovered, and in any manner including all promotional, advertising, marketing, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law). You also hereby grant to the Giveaway Entities an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right to use your name, likeness, Entry, nickname, user name, Instagram user name, and biographical information (collectively “Personal Content”) as contained in your Entry, in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, whether now known or later discovered, and in any manner including all promotional, advertising, marketing, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law). Without limitation of the foregoing, submission of an Entry constitutes your agreement that the Giveaway Entities are permitted (but are not obligated) to display the Entry online (whether on Giveaway Entities’ web pages, applications or on third party web pages or applications), to incorporate the Entry in online and offline promotional advertising, marketing, and/or other commercial materials, and to reproduce, adapt and distribute the Entry in all media now known or later developed. In addition, you hereby grant to the Sponsor a worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license in and to all rights, titles, and interests that you may be deemed to have in any reproduction, product, or derivative work using or incorporating the Entry. You represent and warrant that: (i) the Entry and the use of your Entry contemplated in these Official Rules does not and will not infringe on any copyright or trademark or any other third-party right (personal, proprietary, or otherwise) or violate any applicable law or regulation, (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright, trademark and other related rights to the Entry and Personal Content, free and clear of all claims and encumbrances and without violating the rights of any person or entity, including without limitation any right of privacy or publicity or any other personal or proprietary right. You waive any right to inspect or approve uses of the Entry or to be compensated for any such uses.

9. Liability Release: By entering the Giveaway, you (on behalf of yourself and your successors, assigns, and representatives) release and hold harmless Sponsor, Instagram, Don Jagoda Associates, Inc., and all Giveaway Entities (and each of their respective officers, directors, employees, professional advisors, agents, retailers, shareholders, members, and representatives) from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Giveaway, your Entry, or delivery, mis-delivery, acceptance, possession, or use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, intellectual property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.  Without limitation of the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain or interfere with use of the Entry or your Personal Content as permitted hereunder or the exploitation of any of the Giveaway Entities’ rights hereunder. You further agree to release and indemnify, defend and hold harmless the Giveaway Entities from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Giveaway Entities infringes on your rights as contained in the Entry. You agree that you shall have no right of approval, no claim to compensation or benefit, and no claim (including, without limitation, claims based upon invasion of privacy, copyright infringement, defamation, or right or publicity) arising out of any use of Entry or Personal Content or any editing, distortion, alteration, optical illusion, or use in partial or composite form, whether or not intentional.

10. Applicable Laws and Jurisdiction: This Giveaway is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of New York. All disputes arising out of or connected with this Giveaway will be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, NY. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Giveaway and shall not include any indirect, punitive, incidental and/or consequential damages.

11. Winner: For the name of the winner, available after 10/20/2016, for a period of at least 30 days, visit blog.freshdirect.com. 

12. Sponsor: The Sponsor of the Giveaway is Fresh Direct, LLC, 23-30 Borden Avenue, Long Island City, NY 11101.

The Giveaway is in no way sponsored, endorsed or administered by, or associated with, Instagram. You understand that you are providing your information to Fresh Direct, LLC and not to Instagram. The information you provide will only be used in connection with this Giveaway or in connection with promotional or other activities of Fresh Direct, LLC.

OFFICIAL RULES. NO PURCHASE NECESSARY TO ENTER THE GIVEAWAY. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.

Submitting an entry constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor and Judges, which shall be final and binding on all matters relating to the Giveaway.

1. Giveaway Timing: FoodKick Instagram Sweepstakes (the “Giveaway”) begins 12:00 a.m. Eastern Time (“ET”) on 10/10/2016 and ends 11:59 p.m. ET on 10/12/2016 (the “Giveaway Period”). Sponsor’s clock is the official timekeeping device for this Giveaway.

2. Eligibility: The Giveaway is open only to legal U.S. residents, who are 18 years of age or older and who reside in the FoodKick delivery area in the states of NY and who have an iPhone or Android phone with a data plan and a valid public Instagram account. Employees of Fresh Direct (“Sponsor”), its officers, directors, members, shareholders and advertising and promotional agencies, including Don Jagoda Associates, Inc., and their respective affiliates and subsidiaries, and the immediate family members and people living in the same household of each are not eligible. Void where prohibited and subject to all federal, state and local laws. Void outside NY and where prohibited or restricted by law and subject to all federal, state and local laws.

3. How to Enter the Giveaway: During the Giveaway Period, you (“Entrant”) may enter the Giveaway on Instagram tagging an eligible Instagram user in the comment section of the FoodKick post. Entries must be received by 11:59 p.m. ET on 10/12/2016. Normal phone/usage/subscription access charges imposed by your phone/device service provider will apply. Standard data and message rates may apply.

4. Privacy: By providing this information, you authorize Sponsor: to collect, process and use such information for lawful, Sponsor business related purposes; to store your information at and transmit it to various locations throughout the world, either directly or through third party vendors, whether within the United States, or elsewhere. To learn more about our data collection and usage practices, please see our Privacy Statement at https://www.freshdirect.com/help/privacy_policy.jsp.

5. Random Drawing: One (1) Grand Prize winner will be selected in a random drawing from all eligible Entries on or about 10/12/2016. Drawing will be conducted by the Sponsor, whose decisions will be final and binding on all matters related to the Giveaway. Odds of winning depend on the total number of eligible Entries received throughout the Giveaway Period.

6. Prize: One (1) Grand Prize: Two (2) orders on FoodKick up to $50 each (ARV: $100.00). Gift cards are subject to restrictions and an expiration date may apply. Winner will be notified by direct message on Instagram from @FoodKick and required to respond within 48 hours of notification and confirmed via e-mail/mail. No substitution or transfer of prize is permitted. Return of prize or prize notification as undeliverable will result in disqualification and alternate selection. No substitutions or exchanges (including for cash) of prize will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for the prize.
7. Prizes: Each confirmed winner (as described above) who resides in the Manhattan or New York City area (in Sponsor’s sole discretion) will receive a FoodKick credit added to their FoodKick account in the amount specified in the chart above, based on the timing of the final guess. If FoodKick is not available in your area at the time of entry but is available by 12/31/16, you will still receive prize as a FoodKick credit. Anyone residing outside of the Manhattan or New York City area (in Sponsor’s sole discretion) or FoodKick is not available in their area by 12/31/16 will receive a Sponsor-specified Gift Card in lieu of the FoodKick credit in the prize amount awarded. If you do receive the prize as a FoodKick credit and you do not have a FoodKick account, you may create one for free by visiting foodkick.com and downloading the app to your mobile device.  Limit one Prize per person.

7. General Rules: By participating in the Giveaway, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor and Judges. All Entries will be declared made by the authorized account holder of the email address registered to the Instagram account that submitted the Entry. “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. The Sponsor and Giveaway Entities (defined below)—and any of their respective directors, officers, employees, professional advisors, and agents—are not responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or Entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Giveaway disruptions, injuries, losses or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Giveaway. Sponsor reserves the right to cancel the Giveaway if any aspect of the Giveaway becomes technically corrupted, and conduct a random drawing to select the Grand Prize winner from the eligible Entries received prior to cancellation. The Sponsor reserves the right in its sole discretion to disqualify any individual that tampers or attempts to tamper with the Entry process or the operation of the Giveaway; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the fairness, proper play, or legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

8. Sponsor’s Rights to Entries: For the good and valuable consideration of participating in the Giveaway and having your Entry considered for use by Sponsor, or any of their websites and/or as otherwise detailed below, sufficiency of which, you hereby acknowledge, you hereby grant to Sponsor, its parent companies, affiliates, brands, subsidiaries, successors, licensees, agents and agencies and those they may designate from time to time (all of the foregoing, the “Giveaway Entities”), a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license to use, copy, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, transmit, display, and perform such Entry, in whole or in part, in any media, format or technology, whether now known or later discovered, and in any manner including all promotional, advertising, marketing, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law). You also hereby grant to the Giveaway Entities an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right to use your name, likeness, Entry, nickname, user name, Instagram user name, and biographical information (collectively “Personal Content”) as contained in your Entry, in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, whether now known or later discovered, and in any manner including all promotional, advertising, marketing, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law). Without limitation of the foregoing, submission of an Entry constitutes your agreement that the Giveaway Entities are permitted (but are not obligated) to display the Entry online (whether on Giveaway Entities’ web pages, applications or on third party web pages or applications), to incorporate the Entry in online and offline promotional advertising, marketing, and/or other commercial materials, and to reproduce, adapt and distribute the Entry in all media now known or later developed. In addition, you hereby grant to the Sponsor a worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license in and to all rights, titles, and interests that you may be deemed to have in any reproduction, product, or derivative work using or incorporating the Entry. You represent and warrant that: (i) the Entry and the use of your Entry contemplated in these Official Rules does not and will not infringe on any copyright or trademark or any other third-party right (personal, proprietary, or otherwise) or violate any applicable law or regulation, (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright, trademark and other related rights to the Entry and Personal Content, free and clear of all claims and encumbrances and without violating the rights of any person or entity, including without limitation any right of privacy or publicity or any other personal or proprietary right. You waive any right to inspect or approve uses of the Entry or to be compensated for any such uses.

9. Liability Release: By entering the Giveaway, you (on behalf of yourself and your successors, assigns, and representatives) release and hold harmless Sponsor, Instagram, Don Jagoda Associates, Inc., and all Giveaway Entities (and each of their respective officers, directors, employees, professional advisors, agents, retailers, shareholders, members, and representatives) from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Giveaway, your Entry, or delivery, mis-delivery, acceptance, possession, or use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, intellectual property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.  Without limitation of the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain or interfere with use of the Entry or your Personal Content as permitted hereunder or the exploitation of any of the Giveaway Entities’ rights hereunder. You further agree to release and indemnify, defend and hold harmless the Giveaway Entities from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Giveaway Entities infringes on your rights as contained in the Entry. You agree that you shall have no right of approval, no claim to compensation or benefit, and no claim (including, without limitation, claims based upon invasion of privacy, copyright infringement, defamation, or right or publicity) arising out of any use of Entry or Personal Content or any editing, distortion, alteration, optical illusion, or use in partial or composite form, whether or not intentional.

10. Applicable Laws and Jurisdiction: This Giveaway is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of New York. All disputes arising out of or connected with this Giveaway will be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, NY. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Giveaway and shall not include any indirect, punitive, incidental and/or consequential damages.

11. Winner: For the name of the winner, available after 10/12/2016, for a period of at least 30 days, visit blog.freshdirect.com. 

12. Sponsor: The Sponsor of the Giveaway is Fresh Direct, LLC, 23-30 Borden Avenue, Long Island City, NY 11101.

The Giveaway is in no way sponsored, endorsed or administered by, or associated with, Instagram. You understand that you are providing your information to Fresh Direct, LLC and not to Instagram. The information you provide will only be used in connection with this Giveaway or in connection with promotional or other activities of Fresh Direct, LLC.

FoodKick Facebook Live Promotion Official Rules

NO PURCHASE NECESSARY

 

1. Sweepstakes Timing: The FoodKick Facebook Live Promotion (the “Promotion”) begins at 5 p.m. Eastern Time (“ET”) on August 4, 2016 and ends at 6 ET on August 4, 2016 or when there are approximately 10 minutes left before jar is emptied, whichever occurs first (the “Promotion Period”). FoodKick by FreshDirect is the official time keeper for the Promotion.

 

2. Eligibility: The Promotion is open to legal residents of the 50 United States and D.C., who are 18 years of age or older as of date of entry and possess a web-enabled mobile device as of August 4, 2016. Employees (and their immediate family members and/or those living in the same household) of FoodKick by FreshDirect (“Sponsor”) and their respective parent companies, subsidiaries, divisions, affiliates and advertising and promotion agencies (collectively with Sponsor, the “Promotion Entities”) are not eligible to participate or win. All federal, state and local laws and regulations apply. Void where prohibited by law.

 

3. How to Participate/Enter: During the Promotion Period, you may participate in the Promotion by visiting the FoodKick Facebook page at Facebook.com/FoodKick during the Facebook Live Broadcast (“Broadcast”). During the Broadcast, the FoodKick representative will have a full jar of jelly beans in front of him/her that will be visible and he/she will be removing jelly beans from the jar (and counting them) during the Broadcast. To enter, during the Broadcast, you will have the opportunity to guess how many jelly beans are in the jar at any given time, in the comments section below the Broadcast Video (“Entry”) and, based on the time of your guess and how full the jar is (as defined in the chart below), you will have the opportunity to win a prize (corresponding to how full the jar is), if your guess is correct.  You may submit multiple guesses, but only your final guess will be counted (“Entry”) based on the time submitted for that prize. During the final 10 minutes before jar is emptied, the Entry Period will end and Entries will no longer be accepted. Decisions as to the final Entry cut off are in Sponsor’s sole discretion. The person submitting the Entry will be deemed the entrant (the “Entrant”).  Any Entry not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified. All Entries must be submitted by 6 p.m. ET on August 4, 2016 in order to be eligible. By submitting an Entry, you are agreeing to these Official Rules. Any Entry or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, or defamatory, fails to include a guess, violates the proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, is otherwise objectionable, or in any way is incomplete, indecipherable, or otherwise not in full compliance with these Official Rules, will not be accepted and may be disqualified. Entrants and winners acknowledge and agree that their Entry(ies) become the property of the Sponsor, which thereby has the right to edit, adapt, modify, reproduce, promote and otherwise use Entries (or excerpts) in any way it sees fit. Normal Internet/phone access and data/usage charges imposed by your online/phone service will apply and are your sole responsibility. Proof of submission is not proof of receipt by Sponsor. Automated, script, macro or robotic Entries will be disqualified. Sponsor has the sole discretion to determine whether an Entry is eligible. Any Entry not in compliance with these Official Rules will be disqualified. In the event of a dispute as to the identity of an Entrant, the Entrant will be deemed the authorized account holder of the email address associated with the Facebook account provided at the time of Entry and he/she must comply with the Official Rules used to enter this Promotion.

 

 

4. Winner Determination: Winners will be determined based on Entries submitted containing the correct guesses during the Promotion Period. If your guess is correct and you submit an Entry during that Timing indicated, based on the chart below, you win that prize, subject to verification.  If there are no correct guesses, the entrant(s) who are closest to the correct number without going over will receive the corresponding prize(s), based on when they submitted their final guess Entry.   Determinations will be made by Sponsor/their agency and their decisions are final on all matters relating to this Promotion.

 

Timing	Prize
Full Jar or 10 minutes from start	$1,000 FoodKick Credit
¾ Jar or 15 minutes from start	$500 FoodKick Credit
½ Jar or 20 minutes from start	$100 FoodKick Credit
¼ Jar or 25 minutes from start	$50 FoodKick Credit
1/8 Jar or 30 minutes from start	$10 FoodKick Credit
Under 1/8 of Jar and closing at least 10 minutes from empty jar	$5 FoodKick Credit

 

Each potential winner will be notified initially via comment on Facebook and will be required to send a private message to the FoodKick Facebook page (www.Facebook.com/FoodKick) with the requested information within 48 hours or potential winner will be disqualified and an alternate winner will be selected. The potential $1,000 prize winners will subsequently be required to sign and return via email/fax, an Affidavit of Eligibility and Liability and Publicity Release (except where prohibited by law) and Assignment of Rights (“Affidavit Package”) within seven (7) days of notification attempt or potential winner will be disqualified. If a potential winner is found to be ineligible, cannot or does not comply with these Official Rules, or if prize is returned as undeliverable, the potential winner will be disqualified and prize will be forfeited. Each potential winner (under $1,000 prize) will be sent his/her prize within 2 weeks after confirmation.

 

5. Prizes: Each confirmed winner (as described above) who resides in the Brooklyn or New York City area (in Sponsor’s sole discretion) will receive a FoodKick credit added to their FoodKick account in the amount specified in the chart above, based on the timing of the final guess. If FoodKick is not available in your area at the time of entry but is available by 12/31/16, you will still receive prize as a FoodKick credit. Anyone residing outside of the Brooklyn or New York City area (in Sponsor’s sole discretion) or FoodKick is not available in their area by 12/31/16 will receive a Sponsor-specified Gift Card in lieu of the FoodKick credit in the prize amount awarded. If you do receive the prize as a FoodKick credit and you do not have a FoodKick account, you may create one for free by visiting foodkick.com and downloading the app to your mobile device.  Limit one Prize per person.

 

6. General Rules: Winners and all Entrants, as a condition of Entry into the Promotion, agree to release Promotion Entities and Facebook from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with submitting an Entry or otherwise participating in any aspect of the Promotion, the receipt or use of prize awarded or any typographical or other error in these Official Rules or the announcement or offering of the prizes. Acceptance of a prize constitutes permission to the Promotion Entities to use winners’ names, likenesses, usernames and statements and Entries for promotional purposes (including any possible public relations opportunities) without further compensation except where prohibited by law. The Promotion Entities are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Promotion during the Broadcast or by any human error which may occur in the processing of the Entries in the Promotion or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Promotion. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the Entry process or the operation of the Promotion; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to cancel or modify this Promotion for any reason, including (but not limited to) if, for any reason, the Promotion is not capable of running as planned, including infection by computer virus, bugs, Promotion, unauthorized intervention, fraud, technical failures during the Broadcast, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion. If such cancellation occurs, Sponsor reserves the right to determine the winners from among all eligible Entries received prior to cancellation or in a manner deemed fair and equitable by Sponsor. In the event the Broadcast cannot be streamed due to circumstances beyond Sponsor’s control, or has technical difficulties prior to any Entries being received, prizes will not be awarded.

 

7. Disputes: Entrants/winners agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or any prize awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in the state of New York; Entrants/winners submit to sole and exclusive personal jurisdiction to said courts in the state of New York for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees; and (c) under no circumstances will Entrants/Winners be permitted to obtain awards for and Entrants/Winners hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants/Winners or the Promotion Entities in connection with this Promotion shall be governed by, and construed in accordance with, the laws of the state of New York, without giving effect to any choice of law or conflict of law rules of provisions (whether of the state of New York, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of New York.

 

8. Data Collection: Sponsor collects personal information from Entrants when they enter the Promotion (and for when they may be deemed the winners of the Promotion) for use in administration of the Promotion. The information collected is subject to the Privacy Policy located at (INSERT URL). By entering this Promotion, Entrants are providing their information to Sponsor and not to Facebook.

 

9. Winners List: For the names of the winners, available after August 6, 2016 and available for 30 days, send a stamped, self-addressed envelope by August 15, 2016 to: The FoodKick Facebook Live Promotion Winners, (FreshDirect, 23-30 Borden Ave, Long Island City, NY 11101).

 

10. Sponsor: The Sponsor of the Sweepstakes is FoodKick by FreshDirect, 23-30 Borden Avenue, Long Island City, NY 11101.

 

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook®.