SWEEPSTAKES OFFICIAL RULES

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE ENTRANT’S CHANCES OF WINNING. VOID WHERE PROHIBITED.

The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Twitter, Instagram or Facebook. By entering the Sweepstakes, an Entrant agrees to release and hold harmless Twitter, Instagram, or Facebook from any and all liability associated with this Sweepstakes.

1. Eligibility. The Mr. & Mrs. Smith Sweepstakes (the “Sweepstakes”) is open only to current residents of the 50 contiguous United States or Washington, D.C. who are 18 years or older and are able to accept a Prize as described in these official rules. Grubhub Holdings Inc. (“Grubhub”or “Sponsor”) and its affiliates, and each of their respective staff and their immediate family members (parents, children, spouses, siblings) and members of the same household are not eligible to enter the Sweepstakes. The Sweepstakes and Entrants’ participation is subject to Sponsor’s Terms of Use (http://www.grubhub.com/legal/terms-of-use) and Privacy Policy (http://www.grubhub.com/legal/privacy-policy), which are incorporated as part of these official rules (the “Official Rules”).  The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant’s (“Entrant”) full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a Prize is contingent upon fulfilling all requirements set forth herein and Sponsor verification. 

2. Data Collection. By entering the Sweepstakes, Entrant consents to all the necessary rights for the data collection, sharing and use resulting from Entrant’s participation in the Sweepstakes, and as provided in Sponsor’s Privacy Policy as well as the sharing Entries (as defined below) and results of the Sweepstakes campaign with Amazon Content Services LLC (“Amazon”). If you do not wish to receive information from Sponsor in the future, please click ‘unsubscribe’ from future emails or contact Grubhub customer care directly. By entering, each Entrant acknowledges that Sponsor has the right at all times to disclose information as necessary to satisfy any law, regulation or valid governmental request.  

3. Promotion Period. The Sweepstakes begins on 02/02/2024 at 12:00 a.m. Central Time (CT) and ends on 02/05/2024 at 11:59 p.m. Central Time (CT) (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.

4. How to Enter. 

You must have (or create) a Twitter, Instagram, or Facebook account to be eligible. To enter, you must follow @grubhub on Twitter (to follow, visit www.twitter.com/grubhub and click on the follow icon after logging into your account), Instagram (to follow, visit www.instagram.com/grubhub and click on the follow icon after logging into your account) or Facebook (to follow, visit www.facebook.com/grubhub and click on the follow icon after logging into your account). Then, you must reply to the following Grubhub Twitter, Instagram or Facebook (“Post”) during the Promotion Period by posting a reply comment (“Reply”, “Comment”, or “Entry”) to the applicable Post that contains an answer to the applicable question asked/direction in the Post. To qualify, your Reply must be posted before 11:59 PM CT on 02/05/2024. The Post (including the applicable posting date) is as follows: the “Mr. & Mrs. Smith – Sweepstakes” post, which will be posted on Twitter, Instagram and Facebook on February 2, 2024. Your Reply must also include the hashtag #TuneInandTakeoutSweepstakes. Limit one (1) Reply per Post during the Promotion Period. Multiple Entrants are not permitted to share the same Twitter, Instagram or Facebook account. If you attempt to submit more than one (1) Reply per Post by using multiple/different Twitter, Instagram, or Facebook accounts, identities, registrations, or logins, or through any other methods, Sponsor may exclude you from participating in the Sweepstakes. 

By entering on Twitter, Instagram or Facebook, you agree that your Entry conforms to the Submission Requirements as set forth in Section 5 below (“Submission Requirements”) and that Sponsor, in its sole discretion, may disqualify you from the Sweepstakes if it believes that your Entry fails to conform to the Submission Requirements.

IMPORTANT NOTE: Standard data and/or other rates apply to Entrants who submit an Entry via a wireless mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.

If, in the opinion and sole and absolute discretion of Sponsor, any Entry violates any law, rule or regulation or infringes upon the rights of any third party, is inaccurate, illegible, incomplete or irregular in any way, or otherwise does not comply with these Official Rules, Sponsor may disqualify the Entry and/or the Entrant’s participation in the Sweepstakes. This Sweepstakes may be canceled in the event that, in the sole discretion of Sponsor, an insufficient number of eligible entries are received.

5. Submission Requirements. BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY COMPLIES WITH ALL CONDITIONS STATED IN THESE OFFICIAL RULES. THE RELEASED PARTIES (AS DEFINED BELOW) WILL BEAR NO LIABILITY WHATSOEVER REGARDING THE USE OF YOUR ENTRY OR ANY COMPONENT THEREOF.  THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE OFFICIAL RULES AND/OR THE RULES OF Twitter, Instagram or Facebook.

By participating in the Sweepstakes, each Entrant hereby warrants and represents that any Entry they submit:

1. is original to them;
2. does not violate any law, statute, ordinance or regulation;
3. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and
4. is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor); conduct or other activities in violation of these Official Rules; and/or any other comment that is or could be considered inappropriate, unsuitable or offensive, all as determined by Sponsor in its sole and absolute discretion.

6. Prizes, Drawings and Notification of Winners. At the conclusion of the Promotion Period, one (1) winner (“Winner”) will be randomly selected from among all eligible Entries, and awarded one (1) one Grubhub e-gift card valued at $1000, and (2) one Amazon e-gift card valued at $1000 (each a “Prize” and collectively, “Prizes”). The total ARV of all Prizes is $2000.

Odds of winning depend on the number of eligible Entries received. Entrants need not be present at the drawing to win. Winners will be notified by Sponsor via direct message on Twitter, Instagram or Facebook on February 6th.  Entrant’s Twitter, Instagram or Facebook account must be set to public and Entrant must be able to receive direct messages via Twitter, Instagram or Facebook for the entry to be eligible. Winners will be required to provide Sponsor with a full name and email  in order to receive information on how to collect their Prize. If any Winner does not provide Grubhub with a full name andemail within 5 hours of receiving notice from Sponsor, the Winner will forfeit the Prize and an alternate Winner will be randomly selected from the remaining eligible entries. Sponsor reserves the right to post each Winner’s first name and Entry on the Sponsor’s Twitter, Instagram or Facebook page. 

Winning a Prize is subject to validation and verification of eligibility and compliance with all the terms and conditions set forth in these Official Rules. Except where prohibited by law, each Winner who accepts a Prize may be required to sign and return an Affidavit of Eligibility and Liability and Publicity Release and provide any additional information that may be required by Sponsor. If required, Winners must return all such required documents via email (or as otherwise instructed) within forty-eight (48) hours with originals being sent via U.S. Mail within seven (7) days following attempted notification or such potential winner will be deemed to have forfeited the Prize and another Winner may be selected. If any Winner is considered a minor in his/her jurisdiction of residence, such documents must be signed by his/her parent or legal guardian and the Prize will be awarded in the name of and delivered to the minor’s parent/legal guardian. If a potential winner does not meet the eligibility requirements and/or is ineligible for any other reason (including noncompliance with these Official Rules) or a potential winner does not execute an affidavit within the seven (7) day notice, he/she may be disqualified, his/her Prize will be forfeited and an alternate winner may be selected at random from all remaining eligible Entries. All notification requirements, as well as other requirements within these Official Rules, will be strictly enforced.

No transfer, substitution or cash equivalent for a Prize is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a Prize for one of equal or greater value if the designated Prize should become unavailable for any reason (including but not limited to unavailability of pasta delivery to the Winner’s address on the prize delivery date). Winners are solely responsible for any local, state or federal taxes, and any other taxes, fees and costs connected with winning the Prize. Where applicable, U.S. federal regulations require the issuance of a 1099 Form to the Winner of any Prize with a value in excess of $600. 

Gift card Prizes are subject to standard Grubhub and Amazon gift card terms and conditions, as applicable.  For Grubhub Gift Card (“Grubhub GC”) prizes, each winner must have or will need to create a Grubhub account in order to redeem to Grubhub GC.  The Grubhub GC is redeemable via grubhub.com or the Grubhub app on eligible orders in markets where Grubhub is available within the U.S. only.  The Grubhub GC may not be redeemable on certain orders or accounts (including certain campus dining accounts).  Grubhub GCs cannot be reloaded, resold, combined with cash, used to purchase other gift cards, transferred for value or redeemed for cash, except to the extent required by law.  The Grubhub GC is issued by Grubhold Holdings Inc. Issuer is not responsible for lost or stolen cards or unauthorized use. For customer service, balance inquiries, and fill terms visit grubhub.com/giftcards or call 877-951-2500. For Amazon Gift Card prizes (“Amazon GC”), each winner must have or will need to create an Amazon.com account in order to redeem the Amazon GC. The Amazon GC may only be used for purchases of eligible goods on Amazon.com or certain of its affiliated websites. The Amazon GC cannot be redeemed for the purchase of another Amazon GC. Except as required by law, the Amazon GC cannot be transferred for value or redeemed for cash. To redeem or view an Amazon GC balance, visit “Your Account” on Amazon.com. Amazon is not responsible if any Amazon GC is lost, stolen, destroyed or used without permission. If the Amazon GC is lost or stolen, it will not be replaced. See https://www.amazon.com/gp/help/customer/display.html?nodeId=GNG9PXYZUMQT72QK for complete terms and conditions. The Amazon GC is issued by ACI Gift Cards LLC, a Washington corporation. No expiration date or service fees.

7. Delivery of Prizes.  Sponsor will email e-gift card prizes to the Winner at the e-mail address provided to Sponsor in accordance with these official rules no later than 2/9/2024. IF ANY WINNER IS NOT ABLE TO COLLECT THEIR PRIZES OR PROVIDES INACCURATE INFORMATION WHICH WOULD PREVENT SPONSOR FROM SAFELY DELIVERING THE PRIZE (IN SPONSOR’S SOLE DISCRETION), THE WINNER WILL FORFEIT THEIR PRIZES. 

8. Publicity.  Except where prohibited, participation in the Sweepstakes constitutes Entrant’s and Winner’s consent to Sponsor’s and its agents’ use of the Entrant’s and Winner’s Twitter, Instagram or Facebook (as applicable), name, likeness, photograph, voice, opinions, biographical information, testimonials, statements, Prize information, and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. By entering this Sweepstakes and/or accepting a Prize, each Entrant and Winner agrees to participate in any and all publicity and promotional activities (except where prohibited) in connection with this Sweepstakes as reasonably designated by Sponsor. Submission of an Entry grants Sponsor and its agents the right in perpetuity to reproduce, publish, use, edit, adapt and/or modify such entry information, in any way, in any and all media, without limitation and without compensation to Entrant. Sponsor is not responsible for human error, theft, destruction, or damage to entries, or other factors beyond its reasonable control.

9. Release. BY PARTICIPATING OR ACCEPTING A PRIZE, ENTRANTS RELEASE AND AGREE TO HOLD HARMLESS THE SPONSOR, SWEEPSTAKES PARTNERS, PRIZE SUPPLIERS, AMAZON, TWITTER, INSTAGRAM, FACEBOOK AND THEIR RESPECTIVE PARENTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AGENTS, AND CONTRACTORS (“RELEASED PARTIES”) FROM ANY AND ALL EXISTING OR FUTURE ACTUAL OR ALLEGED ACTIONS, CLAIMS AND/OR LIABILITIES OF WHATEVER NATURE INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, BODILY INJURY (INCLUDING WITHOUT LIMITATION WRONGFUL DEATH AND DISABILITY), PROPERTY DAMAGE, AND LOSS OR DAMAGE OF ANY OTHER KIND, ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE, PARTICIPATION IN THIS SWEEPSTAKES, AND/OR PARTICIPATION  IN ANY CONTEST OR PRIZE RELATED ACTIVITIES.  

10. Limitations of Liability. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail. No more than the stated number of Prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of Prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of Prizes by a random drawing from among all eligible Prize claims.  

11. Cancellation, Suspension or Modification. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion, and in such event, Sponsor may select the Winner(s) from the Eligible Entries received prior to cancellation or suspension, in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner, and to prosecute or cooperate in the prosecution of any such individual, to the fullest extent permitted by law.  The use of automated or third party software or websites to play the Sweepstakes is prohibited.  Electronically or mechanically reproduced entries shall be disqualified.  In the event of a dispute, all Entries will be deemed to have been submitted by the owner of the email account used to submit the Entry. For these purposes, the email account holder shall be the natural person assigned to the email address by the Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with such email accounts.  Disqualified or ineligible Entrants shall forfeit any awarded Prizes.  Any attempt to submit an Entry using multiple or different email addresses will disqualify such Entry and the Entrant may be disqualified and any awarded Prizes may be forfeited.  Forfeited Prizes may be re-awarded to alternate winners in Sponsor’s sole discretion. All properly claimed Prizes will be awarded provided a sufficient number of Eligible Entries are received. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Notice of suspension/modification will be posted on this page. 

12. Disputes. Except where prohibited, Entrant agrees to waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including without limitation the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be first negotiated informally and in good faith. For any dispute that Entrant initiates, Entrant agrees to first send a written description of any dispute to [email protected]. For any dispute that Sponsor initiates, Sponsor will send a written description to the email address associated with Entrant. This informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. If Entrant and Sponsor are unsuccessful in resolving any dispute within sixty (60) days, Entrant and Sponsor agree that the dispute will be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). In the event that the AAA is not available to arbitrate, Entrant and Sponsor will select an alternative arbitration provider. Arbitration means that an arbitrator and not a judge or jury will decide the claim. By entering the Sweepstakes, Entrant hereby acknowledges and agrees that Entrant and Sponsor are each waiving the right to a trial by jury to the maximum extent permitted by law.

Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Entrant acknowledges and agrees that, to the maximum extent allowed by law, there shall be no right or authority for any dispute to be arbitrated on a class, join, collective or consolidated basis or in a purported representative capacity on behalf of the general public. Unless both Entrant and Sponsor otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims.

Unless Entrant and Sponsor otherwise agree in writing, the arbitration shall be conducted in the county in which Entrant resides. If the arbitrator finds that either the substance of Entrant’s claim or the relief sought in Entrant’s demand for arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rules of Civil Procedure 11(b)), Sponsor will have the right to recover attorneys’ fees and expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Sweepstakes 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 (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. Sponsor reserves the right to change this “Disputes” section, but any such changes will not apply to any individual claim(s) for which Entrant has already provided notice to Sponsor. If Entrant does not agree to a change, Entrant may reject any such change by providing Sponsor written notice of such rejection by mail or hand delivery to: Grubhub, Attn: Dispute Resolutions, 111 West Washington Street, Suite 2100, Chicago, Illinois 60602, or by email from the email address associated with Entrant’s account to: [email protected], within 30 days of the date such change became effective. Notice must clearly state Entrant’s full name and clearly indicate the intent to reject changes to this “Disputes” section. 

13. Winners List.  For the names of the Prize Winners, send a self-addressed, stamped, #10 envelope to: Mr. & Mrs. Smith Sweepstakes Winners List Request, Grubhub Holdings Inc., 111 W. Washington St, Suite 2100, Chicago, Illinois 60602.  Winners Lists will be sent when the Promotion Period is over. Requests for Winners Lists must be received by 03/01/24.

14. Sponsor. Grubhub Holdings Inc., 111 W. Washington St., Suite 2100, Chicago, Illinois 60602.

15. Copy of Official Rules. A copy of these Official Rules may be obtained upon request by emailing [email protected].