Terms & Conditions
The “SPICE SHAKER” Giveaway
NO PURCHASE IS NECESSARY TO PARTICIPATE OR WIN. ENTRY INTO THIS GIVEAWAY CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES. VOID WHERE PROHIBITED.
- Eligibility: The Spice Shaker Giveaway (“Giveaway”) is open and offered only to legal residents of the 50 United States and the District of Columbia (“Eligibility Area”), who live in the Eligibility Area and who are eighteen (18) years of age or older. In the event of any conflict or inconsistency with any other advertising, promotional or other materials, these Official Rules shall govern. Employees, officers, directors, and representatives of Shake Shack Enterprises, LLC (“Shake Shack”) (the “Sponsor”), as well as the immediate family (spouse, parents, siblings, children, step-parents, step-siblings, and step- children, regardless of where they live) and same household members of each such employee, officer, director, or representative (whether or not related) are not eligible to participate in the Giveaway. Only individuals meeting all eligibility requirements set forth in these Official Rules may participate in the Giveaway or win a prize (“Participant”). All federal, state, and local laws and regulations apply. Sponsor reserves the right to verify the eligibility of winners.
- Giveaway Period: The Giveaway commences at 10:00 A.M. Eastern Time (“ET”) on October 13, 2020 and ends at 11:59 P.M. ET on October 15, 2020 (“Giveaway Period”). Sponsor’s computer is the official time-keeping device for this Giveaway.
- How to Enter:
Via Instagram: You can enter the Giveaway by:
1) Follow @shakeshack
2) Tag a spice lover in the comments for a chance to win 2 bottles of our spice blend (1 for you + 1 for a friend)
You must have an Instagram app and account to enter via this method. If you do not have the Instagram app, you may download it through the application store on your device. The Instagram app is free.
By entering the Giveaway via Instagram using your mobile device, standard data fees may apply. You should consult your wireless service provider’s pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. You should also check your device’s features for capabilities and check the device manual for specific use instructions.
All entry information and comments shall be collectively referred to herein as the “Submissions” or each as a “Submission.” Submissions must comply with the Guidelines and Restrictions defined below.
By entering, each entrant warrants and represents the following with respect to entrant’s Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission will not infringe on any rights of any third parties; and (c) any third parties appearing in the Submission have given entrant appropriate consent to be photographed and used as permitted herein. Sponsor reserves the right to request releases from any third parties appearing in any Submissions at any time. Failure to produce third party releases upon Sponsor’s request may result in disqualification, as determined by Sponsor is its sole and absolute discretion.
Providing a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, in perpetuity, and to incorporate it into other works, in any form, media or technology now known or later developed, for any purpose whatsoever, including for promotional or marketing purposes.
Limit one (1) Submission per person. Entrants are not permitted to submit a Submission more than once during the Giveaway Period. Duplicate Submissions by the same person will be subject to disqualification. All terms and conditions of Instagram.com apply. Multiple entrants are not permitted to share the same Instagram account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Instagram accounts, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system, devices, bots and/or other programs or software to participate is prohibited and will result in disqualification. Entries must be submitted by the Participant. Sponsor is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind, whether mechanical, human, or electronic. Sponsor shall not be responsible for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in the Giveaway or by any technical or human error which may occur in the processing of the entries in the Giveaway. Sponsor assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries. Only fully completed entries are eligible.
In the event of a dispute over who submitted a winning entry, the “authorized account holder” of the Instagram account used to register on the platform will be deemed to be the entrant. Potential winners may be required to show proof of identity or forfeit the prize. All entries become the property of Sponsor and will not be acknowledged or returned. By entering the Giveaway, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Giveaway.
- Random Drawing/Odds: Winners will be selected in a random drawing from all eligible Submissions received on or about October 16, 2020. Odds of winning depend on the number of Submissions received for the drawing.
- Prizes: Ten (10) Winners will be randomly drawn to win two (2) 4 oz bottles of Shake Shack Hot Chick’n Spice Blend. Prize is not available for individual retail-sale. Prize is non-transferable. No substitutions or cash redemptions. In the case of unavailability of a Prize, Sponsor reserves the right to substitute a prize of equal or greater value. Sponsor reserves the right to, at its discretion, reschedule the Giveaway, modify the dates of the Prize, or cancel the awarding of Prize.
- Winner Selection & Notification: Ten (10) winners will be randomly selected on or around October 16, by Sponsor from all Submissions received during the Giveaway Period. Sponsor will contact the potential winners via Instagram DIRECT MESSAGE and Sponsor will also announce the winners by posting a comment on Sponsor’s Official Instagram account at: http://instagram.com/shakeshack within 1 day of the selection, and will provide details on how to claim the prize. Potential winner(s) will be required to respond to Sponsor within 24 hours in order to claim their prize. If a winner is unable to be contacted within 24 hours from the first attempt, the potential winner may forfeit the prize. The winners may be provided a Declaration of Eligibility and Liability/Publicity Release (“Declaration and Release”) to fill out, sign and return within 24 hours of receipt. If the winner does not sign and return the Declaration and Release, or if a potential winner does not meet eligibility criteria, or is otherwise unwilling or unable to comply with these Official Rules or return same by the required deadlines, or refuses to complete any additional documentation that may be required by Sponsor, an alternate winner may be selected from among the remaining Submissions in accordance with these Official Rules, in Sponsor’s sole discretion. Only three (3) alternate winner selections will be made, after which any prizes will remain un-awarded.
- Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE GIVEAWAY. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED AND PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
- Publicity: Except where and as may be prohibited by law, participation in the Giveaway and acceptance of prize constitutes express permission of the winner, or his or her parent or legal guardian if Participant is a minor, for Sponsor to use such winner’s name, photograph, image, likeness, voice, opinions, hometown, and/or state for advertising, trade, promotion, and publicity purposes in all forms of media now known or hereafter discovered or devised, worldwide in perpetuity, without further notice, review or approval, or compensation.
- General Conditions: Sponsor reserves the right, in its sole and absolute discretion, to cancel, terminate, modify, extend, or suspend the Giveaway should non-authorized intervention, fraud, weather, force majeure events or other causes beyond the control of Sponsor corrupts or affects the administration, security, fairness, or proper conduct of the Giveaway. Sponsor reserves the right to disqualify any individual it determines, in its sole and absolute discretion, is or is attempting or intending to: (a) tamper with any aspect of the operation of the Giveaway, (b) defraud Sponsor, (c) undermine the legitimate operation of the Giveaway by cheating, deception, or other unfair playing practices, (d) annoy, abuse, threaten, or harass any other participants, Sponsor, or representatives of the Sponsor, or (e) act in violation of these Official Rules. In such event(s), Sponsor reserves the right (in addition to disqualification of such individual) to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision. No groups, clubs, newsletters, or organizations may reproduce or distribute any portion of these Official Rules to their members, and anyone who participates in the Giveaway through means not permitted by these Official Rules is subject to disqualification. typographical, mechanical, or other errors.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
- Agreement to Official Rules: By participating in the Giveaway, each Participant fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor (including but not limited to Sponsor’s employees or agents handling prize redemption), which are final and binding in all matters relating to the Giveaway. By participating in the Giveaway, each Participant waives any right to claim ambiguity in these Official Rules.
- Release: By participating in this Giveaway, Participant agrees to release, indemnify, and hold harmless, Shake Shack Enterprises, LLC and its subsidiaries and affiliates (collectively, the “Released Parties”), from any and all liability for any injuries, loss, harm, damage, cost, or expense of any kind to any person(s), including, without limitation, property damage, personal injury, and/or death, arising in whole or in part, directly or indirectly, from acceptance, possession, use, and/or misuse of a prize or participation in this Giveaway or any Giveaway-related activity and for any claims based on publicity rights, defamation, or invasion of privacy. The Released Parties are not responsible for cancellations or delays, or if any prize cannot be awarded, or if the Giveaway cannot be conducted as planned for any reason due to non-authorized intervention, fraud, weather, force majeure event, acts of war, natural disasters, terrorism events or other causes beyond their control.
- Limitation of Liability: Except where prohibited, Participant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Giveaway, or any prize awarded, or the determination of the winners, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway but in no event attorneys’ fees; and (3) under no circumstances will Participant be permitted to obtain awards for and Participant hereby waives all rights to claim punitive, incidental, consequential, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS GIVEAWAY, INCLUDING THE GAME AND PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF AN KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- Choice of Law: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of Participant and/or Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of New York, and all proceedings regarding same shall take place exclusively either in a state or federal court located in or around New York, New York. Participant agrees to the jurisdiction of such courts and waives any right to change of venue or any like right.
- Name of Winner/List of Winners. To obtain a list of winners, send a self-addressed, stamped envelope by November 10, 2020 to: Attn: Marketing, Spice Shaker Giveaway, Shake Shack Enterprises, LLC, 225 Varick Street, Suite 301, New York, NY 10014.
- Sponsor. This Giveaway is sponsored by Shake Shack Enterprises, LLC, 225 Varick Street, Suite 301, New York, NY 10014.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR AFFILIATED, OR ASSOCIATED WITH INSTAGRAM. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO INSTAGRAM.