Contest Starts: 02/07/2019 at 12:00:01 AM CT and
Ends at 11:59:59 PM CT 02/24/2019.
PLEASE REVIEW THESE OFFICIAL RULES BEFORE ENTERING THE CONTEST. BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. THIS CONTRACT INCLUDES A LIMITATION OF YOUR RIGHTS AND REMEDIES AS WELL AS AN ARBITRATION PROVISION. ENTRY IN THE CONTEST IS FREE AND NO PAYMENT OR PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN.
(1) Eligibility: The Contest is open exclusively to legal residents of the zip codes in the 50 United States or the District of Columbia to which Home Chef delivers its meal subscriptions as of the date of commencement of the Contest Period (“Contest Area”), who are 21 years of age or older, as of the date of entry. Employees of Relish Labs LLC d/b/a Home Chef and of any of its parent companies, affiliates or subsidiaries (the “Sponsor”), and of any advertising agencies, prize providers, promotion and delivery contractors and/or public relations companies associated with the Contest and other persons or entities involved in any of the planning, administration, execution or fulfillment of the Contest (collectively, the “Contest Entities”) are not eligible to enter or win this Contest. Sponsor’s immediate family members are also ineligible. The term “immediate family member” includes, spouses, grandparents, parents, siblings, children, and grandchildren. Void where prohibited and outside the Contest Area.
(3) Contest Timing: The Contest starts on February 7, 2019 at 12:00:01 a.m. Central Time (CT) and ends on February 24, 2019 at 11:59:59 p.m. CT (the “Contest Period”). Sponsor’s clock will be the official clock for the Contest.
(4) How to Enter the Contest/Entry Requirements: Eligible individuals are invited to participate at the start of the Contest Period. Eligible individuals may, in addition to any credits or vouchers (“Rewards”) associated with referrals, earn one (1) point for each Qualified Customer Referral or Qualified Non-Customer Referral (as defined below). Individuals who are current customers (“Customer”) of Sponsor will be awarded one (1) point for each individual who, during the Contest Period, is (1) referred by Customer using Customer’s referral URL (“Referral URL”) found at https://www.homechef.com/account/earn-credits (account sign-in required) and (2) completes sign-up at https://www.homechef.com (“Qualified Customer Referral”). Other eligible individuals (“Non-Customers”) will be awarded one (1) point for each individual who, during the Contest Period, uses Non-Customers unique referral code (“Referral Code”) assigned by Sponsor to Non-Customer and (2) completes sign-up at https://www.homechef.com using the Referral Code (“Qualified Non-Customer Referral”). A Qualified Customer Referral or Qualified Non-Customer Referral must be an individual who is a new Home Chef customer (“Qualified Referred Customer”) and is limited to one (1) per new household address. Sponsor will determine Qualified Customer Referrals and Qualified Non-Customer Referrals in its sole discretion.
(5) Restrictions: When making referrals, you must: (1) disclose your connection to Sponsor and potential receipt of prizes (if you do so by social media, you must include #sharethelovecontest in your post), and (2) comply with all applicable laws and the terms and conditions of any third-party services used to make referrals. Entrants may share a Code with their own personal connections only via e-mail, Entrants’ own social media accounts, and personal blogs where Entrant is the primary content owner. You must not engage in spamming or other illegal or unethical marketing practices. Any posting or other practice that violates any rules or conditions of Sponsor’s Terms and Conditions of Service or these Official Rules is grounds, in Sponsor’s sole and absolute discretion, for immediate disqualification from the Contest, and/or forfeiture of Rewards and/or Prizes earned, if discovered by Sponsor. In addition, Sponsor reserves the right to withhold, freeze, or reduce any unpaid Rewards or Prizes if Sponsor determines that you have violated these Official Rules or any of Sponsor’s Terms and Conditions of Service.
(6) Prizes: There will be One (1) Grand Prize, One (1) Second Prize, and Five (5) Third Prizes. At the end of the Contest Period: (1) the Entrant with the highest point total will be declared the Grand Prize winner; (2) the Entrant with the second highest point total will be declared the Second Prize winner; and (3) the Entrants with the third, fourth, fifth, sixth, and seventh highest point totals will be declared the Third Prize winners. In no event will Sponsor award more than One Grand Prize, One Second Prize, and Five Third Prizes. In the event of a points tie between or among multiple Entrants for first through seventh place, Sponsor will resolve ties by awarding the applicable Prize to the Entrant with the highest personal amount spent with Sponsor as judged by order history over the trailing 12-month period ending on the last day of the Contest Period. The prizes are as follows:
(A) One Grand Prize. The Grand Prize winner will receive a five-hundred dollar ($500) Wayfair gift card.
(B) One Second Prize. The Second Prize winner will receive a two-hundred and fifty dollar ($250) Bed Bath & Beyond gift card.
(C) Five Third Prizes. The five Third Prize winners will each receive a one-hundred dollar ($100) Ghiradelli Chocolate gift card.
All details and other restrictions and conditions of the prizes not expressly specified in these Official Rules will be determined by Sponsor in its sole discretion. Gift cards are subject to terms and conditions thereon. The prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. The winners are responsible for all federal, state, local and other taxes, and all other costs and expenses, associated with the prizes. No transfer, substitution or cash equivalent of any prize is permitted. Sponsor reserves the right to substitute a prize (or any component thereof) with another prize (or component thereof) of equal or greater value if the prize is not available for any reason, as determined by Sponsor in its sole discretion.
(7) Notification of Prize Winners: Sponsor will attempt to notify the potential winners via email on or about March 14, 2019 (the “Prize Notification”). Winner may be required to complete and return an Affidavit of Eligibility and Liability/Publicity Release (TN residents not required to sign publicity portion of release) and provide valid identification, and, if so, to do so within five business days of the date Sponsor sends such documents to winner. If a potential prize winner does not respond within five (5) days of the first notification attempt, is not in compliance with these Official Rules (including eligibility requirements), does not provide required identification or sign and return required documents by the deadlines set by Sponsor, or if the Prize Notification is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner will forfeit the prize and be disqualified, and Sponsor will select an alternate winner in accordance with these Official Rules.
By accepting a prize, a prize winner consents (where legal) to the use of his/her name, likeness, photograph, biographical information and statements (if any) by Sponsor and those authorized by Sponsor, and each of their parent, subsidiaries, franchisees or affiliates for purposes of advertising, promotion and publicity without notice or additional compensation, except as required by law.
(9) General Conditions: If for any reason the Contest is not capable of running as planned, including infection by computer virus, tampering, fraud, technical failure or any other cause that corrupts or threatens the administration, security or integrity of the Contest, Sponsor reserves the right, in its sole discretion, to terminate or suspend the Contest, and Sponsor will post notice of its action on the Contest Site. If Sponsor terminates the Contest, Sponsor will select the winners by applying the criteria set forth above to all eligible, non-suspect Entries received as of the termination. Sponsor reserves the right to prohibit any Entrant from participating in the Contest if, in its sole discretion, Sponsor finds that such Entrant shows a disregard for, or attempts to circumvent, these Official Rules, or acts: (a) in a manner the Sponsor determines to be not fair or equitable; (b) in an annoying, threatening or harassing manner; or (c) in any other disruptive manner. If a dispute arises regarding compliance with these Official Rules, Sponsor may consider, in its sole discretion, data reasonably available to Sponsor through information technology systems in Sponsor’s control, but Sponsor will not be obligated to consider any data or other information collected from any other source. Sponsor assumes no liability for any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of the Contest. Neither the failure of Sponsor to insist upon or enforce strict performance of any provision of these Official Rules nor the failure, delay or omission by Sponsor in exercising any right with respect to any term of these Official Rules, will be construed as a waiver or relinquishment to any extent of Sponsor’s right to assert or rely upon any such provision or right in that or any other instance. If there is any conflict between any term of these Official Rules and any of the marketing materials used in connection with the Contest, the terms of the Official Rules will govern.
(10) Limitations of Liability: No liability or responsibility is assumed by Sponsor or Contest Entities resulting from any user’s participation in or attempt to participate in the Contest or ability or inability to upload any information in connection with participating in the Contest. No responsibility or liability is assumed by the Sponsor or Contest Entities for technical problems or technical malfunction arising in connection with any of the following occurrences that may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any email transmissions to be sent or received; lost, late, delayed or intercepted email transmissions; inaccessibility of the Contest Site in whole or in part for any reason; traffic congestion on the Internet or the Contest Site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. Sponsor and Contest Entities are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Contest Site. Use of Contest Site is at user’s own risk. Sponsor and the Contest Entities are not responsible for any personal injury or property damage or losses of any kind that may be sustained to user’s or any other person’s computer equipment resulting from participation in the Contest, use of the Contest Site or the download of any information from the Contest Site. By participating in the Contest, the Entrant releases Sponsor, Facebook, and Contest Entities from any and all claims, damages or liabilities arising from or relating to such Entrant’s participation in the Contest. By accepting a prize in the Contest, winners agree that the Sponsor and Contest Entities shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize. Sponsor and Contest Entities are not liable if any portion of the Contest is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control.
(11) GOVERNING LAW: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF ILLINOIS WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS (WHETHER OF THE STATE OF ILLINOIS OR ANY OTHER JURISDICTION). SUBJECT TO SECTION 15, BY PARTICIPATING IN THE CONTEST, ENTRANT IRREVOCABLY CONSENTS AND SUBMITS TO, AND AGREES NOT TO CONTEST, THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF ILLINOIS, COUNTY OF COOK, FOR ANY AND ALL DISPUTES ARISING OUT OF THE CONTEST OR THESE OFFICIAL RULES, AND AGREE NOT TO INITIATE ANY ACTION AGAINST ANY CONTEST ENTITY OR ANY OTHER INDIVIDUAL OR ENTITY IN ANY OTHER JURISDICTION OR VENUE.
(12) Arbitration Provision: By participating in the Contest, you hereby irrevocably consent and submit to, and agree not to contest, the resolution of any and all disputes you may have with, or claims you may have against, the Contest Entities, or any other individual or entity, relating to, arising out of or connected in any way with (a) the Contest, (b) the awarding or redemption of the prize, or (c) the determination of the scope or applicability of this agreement to arbitrate, individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration must be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be agreed by you and Sponsor. The arbitrator’s decision will be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that you may have entered into in connection with the Contest. There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator will not have the power to award punitive damages against you or Sponsor. For more information about the Forum and the Forum’s Code of Procedure, please visit their website at www.arb-forum.com. If any part of this arbitration provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this provision will remain in effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
(13) Prize Winners List: The list of prize winners will be posted on Sponsor’s Facebook page located at www.facebook.com/realhomechef within a reasonable period of time after the close of the Contest.
(14) Sponsor: Relish Labs LLC d/b/a Home Chef, 400 North Michigan Avenue, Suite 1400, Chicago, IL 60611. Facebook, Wayfair, Inc., Bed Bath & Beyond, Inc., and Ghiradelli Chocolate Company are not sponsors of nor otherwise affiliated with the Contest.