GRUBHUB DELIVER THE REMIX CONTEST OFFICIAL RULES

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE ENTRANT’S CHANCES OF WINNING. VOID WHERE PROHIBITED. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES, WHICH SHALL BE FINAL IN ALL RESPECTS.

1. Eligibility:  The Grubhub Deliver The Remix Contest (the “Contest”) is open only to current U.S. residents (including those in the District of Columbia) who are 18 years or older. Grubhub Holdings Inc. (“Grubhub” or “Sponsor”) employees, staff, agencies, partners, contractors, and their immediate family members (including parents, children, spouses, siblings) and members of the same household are not eligible to participate or accept the Prize. The Contest and entrants’ participation is subject to Sponsor’s Terms of Use (http://www.grubhub.com/termsofuse) and Privacy Policy (https://www.grubhub.com/legal/privacy-policy), which are incorporated as part of these Official Rules.  The Contest 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 Contest. Winning the Prize (as defined below) is contingent upon fulfilling all requirements set forth herein and Sponsor verification. 

2. Data Collection. By entering the Contest, Entrant consents to all the necessary rights for the data collection, sharing and use resulting from entrant’s participation in the Contest, and as provided in Sponsor’s Privacy Policy as well as the sharing Entries (as defined below) and results of the Contest campaign with Sponsor’s production partners, agencies, and third parties as determined by Sponsor in order to coordinate and deliver the Prize (defined below). 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 Contest begins on 1/15/2021 at 5 p.m. Eastern Time (ET) and ends on 1/19/2021 at 9 a.m. ET (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Contest.

4. How to Enter: To enter the Contest, Tweet a video of Grubhub’s Belly Dance commercial (the “Commercial”) that incorporates music or audio that is the original work of Entrant (each, a “Video Submission”). Alternatively, Entrants who would like to propose third-party music or audio in connection with their Contest Submission (defined below) may Tweet the name of the music/audio work and/or provide other information required to identify the music or audio proposed by Entrant (each, a “Written Submission”). Video Submissions and Written Submissions are collectively referred to as “Entries” or “Submissions.” In order to be eligible, Entries must be shared publicly on Twitter (and must remain public during the Promotion Period) and include the hashtag #DeliverTheRemix. Limit one (1) Submission per person and/or Twitter account. Additional Submission restrictions are detailed below.

For Entrants who submit a Video Submission, the Submission must solely include music and/or other audio that is original to and solely owned by Entrant. Submissions must not display, incorporate, or otherwise use the intellectual property, copyrights, or trademarks of any third party or entity (for example, without limitation, it must not include unlicensed third-party music, lyrics, graphics, etc) or otherwise infringe on any third-party rights. Video Submissions may include Commercial video, but only for the limited purpose of entering the Submission in the Contest. Submissions must not contain defamatory statements (including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group). Submissions must not include threats to any person, place, business, or group; they must not violate privacy, publicity or other rights of any person, firm, entity, and they must not in any way violate applicable federal, state, or local laws and regulations. Submissions must not include or reference any dangerous behavior or activity or contain content that promotes dangerous activities that may result in injury to oneself or others. Submissions must not contain indecent behavior, profanities or obscenities and must not in any way disparage persons or organizations associated with Sponsor. Sponsor reserves the right to exclude any Entrant if it deems a username, profile information or any portion of Entrant’s Submission to be offensive in any form, as determined in Sponsor’s sole discretion

In addition to the foregoing, 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. This Contest may be cancelled in the event that, in the sole discretion of Sponsor, an insufficient number of eligible Entries are received. 

5. Contest Winner:  At the close of the Promotion Period, a qualified panel of judges (“Judges”) determined by Sponsor will review all qualified Submissions and select one (1) Contest winner (the “Winner”) based on Sponsor’s Judging Criteria. Judging Criteria includes the following factors, as determined by the Judges in their sole discretion: (1) creativity (25%), (2) adherence to Submission requirements as set forth in these Official Rules (25%), (3) feasibility of incorporating the Submission music/audio into the Commercial for television broadcast (25%), and (4) overall appeal (25%). Decisions of Judges are final and binding. The Winner will be notified via Twitter direct message from Grubhub’s Twitter account (@Grubhub) no later than 1/19/2021. Becoming a Winner is subject to validation and verification of eligibility and compliance with all the terms and conditions set forth in these Rules. In the event there are not enough eligible Submissions as determined by Sponsor, the Prize may not be awarded. If a potential Winner is unable for whatever reason to accept their Prize, then Sponsor reserves the right to award the Prize to another Entrant. Submission eligibility is subject to the verification of Sponsor, and in the event that a top-judged Submission is disqualified, an alternate Winner may be selected from among all eligible Submissions. Sponsor may require the Winner to provide additional information in order to deliver and/or fulfill the Prize, including Winner’s contact information and/or the music or audio submission used in connection with Video Submission in a specific format, e.g. via .mp3, .aiff, or .wav. All Submissions will undergo preliminary screening for compliance with these Official Rules; however, such review does not relieve Entrant from responsibility for compliance with these Official Rules.

6. The Prize:  The Contest Winner will be awarded five (5) $1,000 Grubhub e-gift cards (“Free Food/Grubhub for A Year”) and the opportunity to have the music or audio provided in their Submission featured in the Grubhub Belly Dance commercial (the “Prize”). Except as expressly set forth in these Rules, Prize details will be determined by Sponsor in its sole discretion, including without limitation, with respect to timing and delivery. No transfer, substitution or cash equivalent for the Prize is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the Prize, in whole or in part, of equal or greater monetary value if a Prize cannot be awarded, in whole or in part, as described for any reason. All federal, state and local taxes will be the sole responsibility of the Winner. Sponsor has not made and is not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the Prize. The Prize may be subject to additional terms and conditions, such as those applicable to Grubhub e-gift cards available at http://www.grubhub.com/giftcards/.

7. Publicity:  By entering this Contest 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 Contest as reasonably designated by Sponsor.

8. Release: BY PARTICIPATING OR ACCEPTING A PRIZE, ENTRANTS RELEASE AND AGREE TO HOLD HARMLESS THE SPONSOR, CONTEST PARTNERS, PRIZE SUPPLIERS, AND THEIR RESPECTIVE PARENTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, 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 OF MISUSE OF THE PRIZE, PARTICIPATION IN THIS CONTEST, AND/OR PARTICIPATION  IN ANY CONTEST OR PRIZE RELATED ACTIVITIES. All Entrants further agree to release and indemnify and hold harmless Released Parties 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 Sponsor infringe on the rights of Entrant’s work as contained in any Submission. Entrant understands and agrees that Sponsor’s use in matters independently developed of material similar to or identical with the Submission or containing features or elements similar to or identical with those contained in the Submission will not obligate Sponsor to negotiate with Entrant, nor will it entitle Entrant to any compensation of any kind. Entrant agrees and acknowledges that nothing herein shall preclude Sponsor from using any material in or similar to the Submission without obligation to Entrant, including, but not limited to, if Sponsor has or has determined that it has an independent legal right to use such other material, including without limitation, because such features or elements were not new or novel, or were not originated by Entrant, or were or may hereafter be independently created by or submitted to Sponsor. Entrant acknowledges that other Entrants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in Entrant’s Submission. Entrant understands and agrees that they shall not have any claim against any other Entrant or Sponsor arising out any such similarity or be entitled to any compensation or benefit because of any such similarity. Neither Sponsor nor any of the Released Parties are liable for any disputes between collaborators arising under or related to the Contest.

9. 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 Contest; (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 Contest; or (4) technical or human error which may occur in the administration of the Contest or the processing of Entries. 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.  

10. General Conditions: Entrants agree to be bound by these Official Rules and the decisions of the Sponsor. Where legal, participation in this Contest constitutes permission (and, where legal, Entrant agrees to confirm that grant in writing) to use in any and all media now known or hereinafter developed (including but not limited to the Internet), the Entrant’s name, likeness, voice, biographical information, and image for promotional, trade and/or publicity purposes without notice and at no additional compensation or review, unless prohibited by United States law. By entering this Contest and submitting your Submission, you irrevocably grant to Sponsor and their agents the unconditional and perpetual right to post, display, broadcast, publish, use, adapt, edit, translate, dub, and/or modify such Submission in any way, in any and all media, throughout the world, for any purpose, without limitation, and without notice or consideration to you. If you are selected as the Winner you agree that upon verification of eligibility, you may be required to execute a release irrevocably assigning and transferring to the Sponsor any and all rights, title and interest in Submission, including, without limitation, all copyrights and, where legally permissible, waiving all moral rights in Submission for use in relation to the Contest and/or allowing Sponsor to modify the Submission as described in these Official Rules and in promotion (including but, not limited to print, digital, social, or other medias) of Sponsor and its products. If a Winner does not execute such a release, Winner’s Submission may no longer be eligible and Sponsor may select another WInner. Sponsor is not responsible for human error, theft, destruction, or damage to entries, or other factors beyond its reasonable control. 

To the maximum extent permitted by law, Sponsor reserves the right to cancel, suspend and/or modify the Contest (including these Official Rules), or any part of it, for any reason and at any time, including without limitation if any fraud, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor 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 Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner.  The use of automated or third party software or website to play the Contest is prohibited.  Electronically or mechanically reproduced Entries shall be disqualified.  In the event of a dispute, Entries will be deemed to have been submitted by the owner of the Twitter account associated with the Submission. Disqualified or ineligible Entrants shall forfeit any awarded Prizes. Any attempt to submit an Entry using multiple or different Twitter accounts will disqualify such Entry Form and the Entrant may be disqualified and any awarded Prize may be forfeited. A forfeited Prizes may or may not be re-awarded to an alternate winner. Any fraud or attempt by Entrant or any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek prosecution and/or 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. Winners may be required to execute an Affidavit of Eligibility and Liability Release (except where prohibited by law). Sponsor reserves the right, in its sole discretion, to cancel or suspend the Contest in its entirety or any portion thereof if its integrity or proper operation is undermined, or because of any force majeure event and, in such case, to select the winner from the eligible entries received prior to cancellation or suspension.

11. 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 Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. 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. The arbitration shall be conducted in the State of New York, City of New York. 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 Contest 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. 

12. Winners List: For the names of the Prize Winners, send a self-addressed, stamped, #10 envelope to: Grubhub Deliver the Remix 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 2/19/2021.

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

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