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Fall Instagram Post & Win Promotion - Official Rules

Official Rules
No purchase or payment of any kind is necessary to win. A purchase does not increase your chances of winning. Void where prohibited. Must be a legal resident of the United States, and at least 18 years of age (or 19 for residents of Alabama and Nebraska). Promotion is limited to residents of the 48 contiguous states of the United States and the District of Columbia.
  1. Sponsor: Asia Pacific Grocers LLC, 601 East Linden Avenue, Linden, New Jersey 07036

  2. Eligibility: In order to be eligible for the Promotion, individuals must be legal residents of one of the 48 contiguous states of the United States, the District of Columbia and must be at least eighteen (18) years of age (or 19 for residents of Alabama and Nebraska). Officers, directors and employees of the Asia Pacific Grocers LLC (“Sponsor”) and its respective parents, subsidiaries, and affiliates, and the immediate family members of, and persons living in the same household as, such officers, directors or employees and their relatives also are not eligible to enter the Promotion. The Promotion is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.

  3. Promotional Period: Begins at 12:01 AM Eastern on October 01, 2021, then ends at 11:59 PM Eastern on December 15, 2021. The Sponsor’s computer clock will be the official timekeeper for all purposes of this Promotion.

  4. Agreement to Official Rules: Participation in the Promotion constitutes your full and unconditional agreement to these Official Rules (the “Rules”). Sponsor’s decisions are final and binding in all matters related to this Promotion. Winning a prize is contingent upon fulfilling all requirements set forth in these Rules.

  5. How to Enter:

    • Requirements: To participate you must have a public facing Instagram account. During the Period, your account must remain public and until prizes are awarded.

    • Follow @justasianfood, then post on Instagram a photo or video featuring Just Asian Food with the tag @justasianfood and add #JAFpromo. All Posts must consist of wholly original works.

    • Multiple Postings per Participant are allowed. Each entry must be unique. Each Participant is eligible to win one (1) gift card or one (1) snack box prize. Only one (1) coupon code will be issued per Participant. Each coupon code will be for 12% off a purchase of $75 or more, excluding taxes and shipping. Terms and conditions for the coupon codes are provided herein.

    • By submitting a Post, you agree that your Post is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to use or otherwise disclose the ideas contained in the Post on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by submission of your Post, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.

    • If you are an adult (at least 18 years old in most states, and at least 19 years old if you live in Nebraska or Alabama), you may include others in your video, with restrictions. You must have written permission from any recognizable individuals who appear in the Post to use their names and likenesses in the Post, and to grant the rights listed in these Rules. You must be able to provide evidence of such permissions or proof in a form acceptable to Sponsor, if needed. You may include other adults in the Post with their permission, but may only include minors in the Post if you are their parent or guardian.

    • By submitting a Post, Participant acknowledges that his/her Post may be posted on Sponsor’s website or elsewhere on the internet as authorized by Sponsor, in Sponsor’s sole discretion. Posts grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, the Post in any way, in any and all media, without limitation, and without consideration to the Participant, including, but not limited to, publicity rights contained therein, and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity.

    • Participants must not change their Instagram handle during the Period and until after the prizes are awarded.

    • Posts that contain errors, or are incomplete or received after the end of the Period, will not be accepted.

    • Participant accept and acknowledge that Sponsor shall not be obligated to use any Post in connection with this Promotion, general advertising, or any other use whatsoever. Use of any Posts shall be in the sole discretion of the Sponsor. The Sponsor shall not incur any liability whatsoever to the extent that Sponsor chooses to or chooses not to use any Posts. Participant will indemnify Sponsor, released parties and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.

  6. Content Restrictions:

    • Posts must comply with these Rules and any terms of service of Instagram (if any);

    • Posts must be Participant’s original work;

    • Posts must be in English;

    • Posts cannot contain vulgar, offensive, obscene or indecent language, behavior or imagery, and cannot endorse any form of hate or hate group;

    • Posts cannot defame, be inappropriate, misrepresent or contain offensive or disparaging remarks about Sponsor or its products, or other people, products or companies;

    • Posts cannot contain or otherwise violate any federal, state, provincial, or local laws or ordinances;

    • Posts cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;

    • Posts cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;

    • Posts cannot have been previously published in any medium (excluding any social media site) or submitted in any other promotion;

    • Posts cannot contain brand names, trademarks, or logos owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identifiable information, such as license plate numbers, personal names, e-mail addresses or street addresses;

    • Posts cannot contain copyrighted materials owned by others without written permission, unless you have obtained all rights necessary to permit you to use same in connection with your Post and grant the rights herein granted to Sponsor. Sponsor does not permit the infringement of others’ rights and any use of materials not original to the Participant is grounds for disqualification from the Promotion;

    • Posts cannot contain background artwork unless it is an original work of the Participant, must be created solely by the Participant or Participant must be the sole owner of all copyright interests therein;

    • Posts cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; and

    • Posts cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.

  7. Additional Limitations and Restrictions:

    • Posts and likes generated by script, bot, macro, or other automated means are void;

    • Participants are not permitted to share the same Instagram account;

    • In the event of a dispute about any Post, the authorized account holder of the Instagram account used to post will be deemed the Participant. Participants may be required to show they are the authorized account holder. Sponsor’s decision, in its sole discretion, will be final and binding.

  8. Disclaimer: This promotion is in no way sponsored, administered, or associated with Instagram or the brands mentioned. All persons submitting Posts release Instagram and all brands of all responsibility, and agree to Instagram’s terms of use.

  9. Winner Notification and Requirements:

    • By December 20, 2021 the winners (the “Winner”, collectively the “Winners”) will be notified via DM. Winners may be required to submit additional information, including but not limited to, Affidavit of Eligibility, Waiver of Liability, and Publicity Release Forms. If at any point a Winner is found to be ineligible for the Promotion or has violated the Rules, the Sponsor reserves its rights to disqualify the Participant. If attempts to contact a Winner is not returned within seventy-two (72) hours or a Winner cannot be verified or unwilling to accept and claim the prize as stated, then the Winner may be disqualified and the prize shall be forfeited. The Sponsor reserves the right to select an alternate Winner.

    • Acceptance of any prize shall constitute and signify Winner’s agreement and consent that Sponsor and its designee may use, but are not required to use, the Winner’s name, city, state, likeness, photo (including Winner’s profile photo), Post, and/or prize information in connection with the Promotion for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.

  10. Conditions Applicable to All Prizes: Prizes are nontransferable, and no substitutions will be made except at Sponsor’s sole discretion. Prize details and availability are subject to change, in which case Sponsor may substitute a prize of equal or greater value. No substitutions or cash redemptions, except at Sponsor’s sole discretion. Any portion of prize not used by Winner is forfeited and no cash substitute will be offered or permitted. Prize is provided “as is” with no warranty or guarantee either express or implied by Sponsor. Awarding of all prizes is subject to verification of eligibility, submission of all required assignment and release forms, and compliance with these Rules and applicable law. Sponsor reserves the right to request, in its sole discretion, and Participant agrees to cooperate with Sponsor’s request to have a background check done on the Winner. Participants acknowledge that the Sponsor has not made, and is not in any manner responsible or liable for, any warranties, representations or guarantees, and hereby disclaim any and all warranties, expressed or implied, whether by contract or law, concerning any prize, including without limitation, implied warranties of quality, merchantability, mechanical condition or fitness for a particular purpose. Winners may receive IRS Form 1099 for the actual value of the prize. Each Participant is responsible for the reporting and payment of all taxes in connection with their prizes.

    • Top three (3) liked Posts: The top three (3) Posts with the most likes at the end of the Period will receive a $300, $200, $100, respectively in Just Asian Food gift card credit to use toward future purchases. No substitutions are permitted or cash redemption. Gift cards will be linked to a Just Asian Food customer account. Gift cards are nontransferable and may not be redeemed for cash.

    • Surprise Snack Boxes: Posts from 4th to 10th place will receive a surprise snack box with an approximate retail value of $50. Surprise Snack Boxes (the “Box” or “Boxes”) will contain a mix of snacks assembled by Sponsor from products generally available on JustAsianFood.com, in its sole discretion. The retail value of the products included in the Box will be approximately $50. Such value will be the based on the retail price listed on JustAsianFood.com at the time of packing. No substitutions are permitted or cash redemption. Snacks may include nuts, gluten, and other potential allergens. It is the sole responsibility of the Winners of the Boxes to read the contents and ingredients of the snacks prior to consumption. The Winners of the Boxes release the Sponsor from any and all liability associated with the snacks in the Boxes. The cost of shipping the Boxes will be paid for by the Sponsor. The Boxes will only be shipped to an address within the 48 contiguous states of the United States and the District of Columbia; PO Boxes, APO/AFO, and any other locations are excluded. Allow for 30 business days for shipment of the Box. Void where prohibited. Any disputes shall be resolved in Sponsor’s sole discretion.

    • Coupon Code: Multiple Postings per Participant are allowed. Only one (1) coupon code will be issued per Participant. Each coupon code will be for 12% off a purchase of $75 or more, excluding taxes and shipping. Coupon codes will expire on January 31, 2022. Coupon codes may not be combined with any other offers. No cash value. May not be used on prior purchases. Void where prohibited. Any disputes shall be resolved in Sponsor’s sole discretion.

  11. Winner Determination:

    • After the Period, a panel of judges chosen by Sponsor in its sole discretion will select the Winners based on most likes during the Period.

    • All Winners are subject to verification by Sponsor and must meet all eligibility requirements including the execution and return of all necessary releases and licenses (as set forth herein), or they may be disqualified. The decisions of Sponsor will be final and binding.

    • In the event of a tie, Sponsor’s decision will be final and binding, and made in Sponsor’s sole discretion. Sponsor will not be disclosing tie breaking assessments.

    • Any suspected or deliberate attempt to manipulate the likes, or otherwise fraudulently tamper with the Promotion, may result in disqualification of the Participant, at the Sponsor’s sole discretion. Fraudulent tampering includes but is not limited to: (i) generating likes by a macro, script, bot or other fraudulent means in an attempt to manipulate the outcome, (ii) like exchanging, and/or (iii) offering any form of compensation for a like.

    • In the event of suspected fraudulent activity, the Sponsor may disqualify a Post and/or the Participant in its sole discretion.

    • Sponsor’s decision(s) will be final and binding.

  12. Limitations of Liability and Release:

    • All Participants agree to release and hold harmless the Sponsor, Instagram and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees, and agents(collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.

    • All Participants irrevocably waive any and all so-called moral rights they may have therein.

    • By entering this Promotion, Participant agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to (i) Participant’s breach of the Rules, (ii) Participant’s failure to obtain the appropriate licenses and consents for use of the content in the Post, or (iii) infringement or the alleged infringement of a third party’s intellectual property rights, rights of privacy, or rights of publicity. 

    • By entering into the Promotion, each Participant agrees to and hereby does release and hold harmless the Released Parties from and against any and all liability, injuries, loss, claim, damages, or cause of action arising out of participation in the Promotion, including, but not limited to: (i) human error or unauthorized human intervention in the Promotion; (ii) technical errors related to computers, servers, providers, or telephone or network lines; (iii) printing, typographical or other errors appearing in the Rules, or in other Promotion related materials; (iv) lost, late, stolen, incomplete, garbled, delayed, undelivered, illegible, or misdirected entries; (v) errors in the administration of the Promotion or the processing of entries; or (vi) injury or damage to persons, including death, or property (including computers) which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Promotion.

  13. Miscellaneous:

    • The Sponsor may, at any time, terminate, temporarily suspend or modify the Promotion including without limitation these Rules with or without notice and without any further obligations. If any malfunction, viruses, bugs, technical errors, unauthorized human intervention, disruption or similar damage occurs and impairs the administration, security, fairness, or integrity of the Promotion, the Sponsor may, in its sole discretion, terminate, cancel, suspend, extend and/or modify the Promotion by posting a notice on https://justasianfood.com/pages/instagram-promotion.

    • Sponsor is not responsible for interrupted or unavailable network, server or other connections, miscommunications, failed telephone, computer hardware, software and other technical failures of any kind, including injury or damage to any person’s device relating to or resulting from participating in or experiencing any materials in connection with the Promotion. Sponsor is not responsible for any human error that may occur in the processing of the Promotion, nor is it responsible for any error, omission, interruption, deletion, defect, communications line failure, theft or destruction of, unauthorized access to, delay in operation, transmission, or distribution of, or alteration of, entry, whether caused by the Participant, or otherwise, any of the equipment or programming associated with or utilized in this Promotion, or otherwise.

    • Persons or Participants found tampering with or abusing any aspect of this Promotion will be disqualified from the Promotion and the entries for such Participants shall be void. The Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Rules.

    • Participant agrees that final interpretation of all matters will be made by the Sponsor in its sole discretion. Such interpretation shall be binding on all parties.

    • The Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision. The Sponsor is not responsible for lost, late, misdirected, illegible, or damaged entries.

    • INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE 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 INCLUDING CRIMINAL PROSECUTION.

  14. Binding Arbitration:

    • Any controversy or claim arising out of or relating to this Promotion shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply New Jersey law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.  DO NOT ENTER THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

    • BY PARTICIPATING IN THE PROMOTION, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND (2) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY SET FORTH ABOVE, SO SUCH LANGUAGE MAY NOT APPLY TO EVERY PARTICIPANT.

  15. Governing Law & Jurisdiction: All decisions of the Sponsor with regard to this Promotion are final. Except where prohibited, this Promotion and its Rules are governed by U.S. law and are subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Rules, or the rights and obligations of Participants and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth above and/or for entering any judgment on an arbitration award, shall take place in the State of New Jersey. Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and under no circumstances will any Participant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, special, 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. Participants agree not to raise the defense of forum non conveniens.

  16. Winners List: For a list of the winners, mail a self-addressed, stamped envelope to: Asia Pacific Grocers LLC, Attention: Promotions Department, 601 East Linden Avenue, Linden, New Jersey 07036. Requests must be received by January 31, 2022.

  17. Privacy Policy: Information collected from Participants will be used solely for the purpose of administering this Promotion. No further marketing communications will be sent by Sponsor to the Participants unless Participants provide Sponsor with permission to do so. Please see Sponsor’s Privacy Policy at https://justasianfood.com/pages/privacy-policy for further information. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.