Contest Terms and Conditions

SALATA #SALADHOWYOUFEEL SWEEPSTAKES OFFICIAL RULES

NO PURCHASE OR PAYMENT IS NECESSARY TO PARTICIPATE OR WIN. PURCHASE DOES NOT IMPROVE ODDS OF WINNING. VOID WHERE PROHIBITED.

1. Sponsor: The Salata #SaladHowYouFeelSweepstakes (“Sweepstakes”) is sponsored by Salata Holdings, LLC, 16720 Park Row Drive, Houston, Texas 77084 (“Sponsor”).

2. Eligibility: The Sweepstakes is open and offered to legal residents of the 50 United States and the District of Columbia who are eighteen (18) years of age or older as of June 24, 2019. Employees and their immediate family (spouse, sibling, parent, child, or grandparent and the spouses of such persons) and household members (whether or not related) of Sponsor and its employees, subsidiaries, affiliates, advertising, promotion, or fulfillment agencies, promotional partners, and all other entities or individuals involved in or associated with the development, implementation, administration, or fulfillment of the Sweepstakes (collectively, the “Sweepstakes Entities”) are not eligible to participate in the Sweepstakes. Only individuals meeting all eligibility requirements set forth in these Official Rules (“Participant”) may participate in the Sweepstakes or win a prize. All federal, state, and local laws and regulations apply.

3. Sweepstakes Period: The Sweepstakes begins at 11:00:01AM Central Time (“CT”) on June 24, 2019 and ends at 11:59:59PM CT on July 8, 2019 (“Sweepstakes Period”). Sponsor’s clock is the official timekeeper for this Sweepstakes.

4. How to Participate: Each Participant must have a public Instagram account to enter the Sweepstakes and have his/her account privacy setting set to “Off.” There is no cost to obtain an Instagram account. Instagram Entries must comply with Instagram Terms of Use (http://instagram.com/about/legal/terms/). Normal Internet access, phone, and usage charges imposed by your Internet and/or phone service(s) may apply.

Each Participant may use only one (1) Instagram account ID to enter, regardless of method of entry. Multiple Participants are not permitted to use the same Instagram account to submit one or more Entries.

There are two ways to enter the Sweepstakes. Participants may enter the Sweepstakes using one (a) of the two (b) entry methods described below:

a. Via Instagram- During the Sweepstakes Period, post a photograph to your Instagram account of a person with a Salata salad or wrap and include the hashtags #SaladHowYouFeel #sweepstakes. (“Instagram Entry” or “Entry”) to receive one (1) Entry. Participants may submit more than one (1) Entry; however, each Entry submitted by that Participant must be a different photograph and Instagram post.

Instagram Entries must adhere to the Instagram Entry Guidelines below, as determined by Sponsor in its sole discretion. In the event Sponsor, in its sole discretion, determines that any Instagram Entry contains content that does not comply with the Instagram Entry Guidelines or these Official Rules or does not otherwise comply with regulatory guidelines, Sponsor reserves the right to disqualify and remove the Instagram Entry or, if Sponsor so determines, edit the content of the Instagram Entry.

Instagram Entry Guidelines: Upon entering the Sweepstakes, Participants agree: (1) to their entry in the Sweepstakes, and (2) that the Sweepstakes Entities shall have a license (discussed further in the “Use of Entries and Participant Information” section below) in and to their Entry (including all material embodied therein) immediately upon submission.

Each Entry must be in English and the Participant’s original work. Entries must not, as determined in Sponsor’s sole and absolute discretion: (1) infringe upon any rights of any third party including, without limitation, copyright, trademark, and rights of publicity and/or privacy; (2) copy, incorporate, or include music or video from any source, including but not limited to movies, commercials, radio, television, or the Internet; (3) be or contain any content that is or may be perceived as violent, immoral, defamatory, derogatory, offensive, illegal, sexually suggestive, obscene, or similarly inappropriate, or that represents Sweepstakes Entities in a negative way or in any manner not consistent with their brands and/or reputations; (4) contain, include, or encourage images or activities that are dangerous, unsafe, or present unreasonable risk of harm to person or property; (5) suggest or imply to any person to undertake any dangerous, unsafe, or unduly risky activity; (6) be dangerous or unsafe to make or produce; (7) contain any mention, discussion, logo, trademark, service mark, storefront, trade dress, mascot, photograph, or other image or intellectual property of any business or company without that entity’s prior written consent (other than Sponsor); (8) contain any names or private and/or sensitive information about the Participant or anyone else; and (9) have been entered in any other promotion or contest and/or won any award. Such inappropriate Entries are strictly prohibited, and any Entry in violation of the above requirements and restrictions, as determined in Sponsor’s sole and absolute discretion, shall be deemed void.

If an Entry includes an image of anyone other than the Participant, that Participant must have received each person’s written permission to submit the Entry for the Sweepstakes prior to submitting the Entry. By submitting an Entry that includes pictures or images of or reference to any people other than the Participant, that Participant represents and warrants to Sponsor that said Participant has obtained express permission of such people to submit an Entry including their likeness or image to Sponsor in connection with this Sweepstakes, with the understanding that upon submission to Sponsor, Sweepstakes Entities have a license (as discussed in the “Use of Entries and Participant Information” section below) in and to the Entry.

By submitting an Entry in the Sweepstakes, each Participant represents and warrants that the above requirements have been met. Failure to satisfy these requirements, as determined in Sponsor’s sole and absolute discretion, may result in ineligibility with respect to all Entries submitted by or on behalf of that Participant.

b. Via mail- During the Sweepstakes Period, on a plain piece of 3”x 5” paper, hand print your complete name, street address (no P.O. boxes), city, state, ZIP code, date of birth (mm/dd/yyyy), daytime and evening telephone numbers, Instagram account handle and valid email address (“Mailed Entry” or “Entry”). Mail your Entry in a hand-addressed, business-size (No. 10) envelope with first-class postage affixed to: Salata, 16720 Park Row Drive, Houston, TX 77084. Mailed Entries must be postmarked by July 8, 2019 and received by July 12, 2019. Limit one (1) Mailed Entry per envelope. No mechanically reproduced Mailed Entries are permitted.

Use of Entries and Participant Information. By entering this Sweepstakes, each Participant, as a condition of participation in the Sweepstakes: (a) grants a royalty-free, perpetual, and irrevocable worldwide license, regardless of subsequent assignment or ownership change, exclusive to Sweepstakes Entities to use, edit, alter, adapt, modify, copy, reproduce, publish, display, distribute, transform, create derivative works from, and otherwise show and use (unless prohibited by applicable law) the Entry(ies) (including all material embodied therein), in any way or in any media or form, now or hereafter known or developed, in whole or in part, for trade, advertising, promotional, marketing, commercial, trade, or other purposes as Sweepstakes Entities determine, in their sole and absolute discretion. Participants shall not have a right of notice, review, or approval of any such use of the Entry(ies) and/or Participant’s name. Each Participant: (a) upon request by Sweepstakes Entities or their agents or representatives, shall sign any documents for such purpose; (b) acknowledges and agrees that the Entry(ies) (or any part thereof) and/or the Participant’s name may be used in whole or in part, alone or in combination with other works, and that the Entry(ies) may be changed, altered, edited, modified, or used in any other manner, as solely determined by Sweepstakes Entities; and (c) warrants and represents that Participant has received all rights, releases, and permissions that may be necessary from any individual appearing or referenced in one or more Entries to grant this license for the use of the Entry(ies) as stated.

5. Prize: One (1) Winner (“Winner”) will be randomly selected from all eligible entries received. Winner (once s/he has satisfied the “How to Claim Prizes” criteria in Section 8 below) will receive a $500 Salata gift card that is valid at participating Salata locations (“Prize”). Approximate Retail Value (“ARV”) of Prize: $500. Prize may not be sold, auctioned, offered for sale, assigned, transferred, offered for transfer, photocopied, duplicated, or redeemed or exchanged for cash or services, except by Sponsor, in its sole and absolute discretion, who reserves the right to substitute Prize with a prize of comparable or greater value if Prize becomes unavailable. Winner is solely responsible for all other expenses associated with the Prize, including but not limited to taxes.

6. Odds: Odds of winning the Prize depend on the number of eligible entries received.

7. Selection of Winner: Potential winner will be selected in a random drawing by Sponsor or its designees on or around July 12, 2019. Potential winner does not have to be present at the prize drawing to win.

8. How to Claim Prize: Sponsor or its designees will attempt to notify potential winner of his/her winning status via direct message to the winner’s Instagram account from which the winning post was made. Before Prize is awarded, potential winner must complete, sign, and return an Affidavit of Eligibility (“Affidavit”) and, where lawful, Liability/Publicity Release (“Release”) (collectively, “Affidavit and Release”) within three (3) days after notification. If the indicated forms are not signed and returned by the time indicated on the documents, or if potential winner does not meet eligibility criteria, or is otherwise unwilling or unable to comply with these Official Rules, or cannot be contacted within three (3) days of his/her name being selected as potential winner, an alternate potential winner will be selected, in Sponsor’s sole discretion.

9. Publicity: Except where and as may be prohibited by law, participation in the Sweepstakes and acceptance of Prize constitutes the express permission of Winner for Sponsor and those acting pursuant to the authority of Sponsor to use such winner’s name, photograph, image, likeness, voice, opinions, hometown, and/or state for advertising, trade, promotion, and/or 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.

10. Privacy: Sponsor will collect personal data from Participants when they enter this Sweepstakes, and this information will be used for the purposes of administering the Sweepstakes, publicizing the Sweepstakes, and other promotional purposes that benefit Sponsor. This information will not be sold or otherwise transferred to unaffiliated third parties but may be used by the Sponsor to contact Participants in the future with offers and announcements that Sponsor feels may be of interest. If a Participant does not wish to be contacted by Sponsor, Participant may opt-out of such contact by: (a) sending an e-mail with your request and current contact information to contact@Salata.com; (b) calling Sponsor at 1-713-739-0101; (c) sending Sponsor a fax with your request and current contact information at 1-713-739-0707; or (d) sending written notice to Sponsor at Salata Corporate HQ – Opt Out, 16720 Park Row Drive, Houston, TX 77084. To review Sponsor’s full Privacy Policy, visit https://www.salata.com/privacy-policy. The names of Participants may be announced publicly in connection with the announcement of any Prize Winner.

11. General Conditions: Sweepstakes Entities and Releasees (as defined below) shall not be responsible for non-conforming, lost, late, incomplete, inaccurate, delayed, undelivered, misdirected, or illegible Entries (or any component thereof) or for inaccurate entry information, whether caused by Sponsor or Participant or by any computer, technical, or human error or malfunction that may occur in the processing of Entries, the administration of this Sweepstakes, or in the announcement of prizes. Incomplete and/or duplicate Entries are not permitted and will be deemed void. The use of any device to automate the entry process is absolutely prohibited, and any such Entries shall be void. Sponsor reserves the right, in its sole and absolute discretion, to void suspect Entries or to modify, cancel, terminate, or suspend the Sweepstakes should a virus, bug, or other cause corrupt or impair the administration, security, or integrity of the Sweepstakes.

Sponsor reserves the right, in its sole and absolute discretion, to cancel, terminate, modify, extend, or suspend the Sweepstakes should non-authorized intervention, fraud, weather, force majeure events, or other causes beyond its control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. Sponsor reserves the right to disqualify any individual whom Sponsor or its designees determine, in their sole and absolute discretion, is or is attempting or intending to: (a) tamper with any aspect of the operation of the Sweepstakes, (b) defraud Sponsor or Sweepstakes Entities, (c) undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices, (d) annoy, abuse, threaten, or harass any other Participants, Sponsor, Sweepstakes Entities, or representatives of Sweepstakes Entities, 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. 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 Sweepstakes through means not permitted by these Official Rules is subject to disqualification. All Entries are subject to verification and are void and will be rejected if not obtained through authorized, legitimate channels or if any part of an Entry is determined by Sponsor or its designees to be illegible, forged, reproduced, manipulated, mutilated, counterfeited, or tampered with in any way. No more than the stated number of Prizes will be awarded. In the event that production, technical, mechanical, typographical, or any other reasons cause more than stated number of Prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right, in its sole and absolute discretion, to award only the stated number of Prizes (previously not awarded) by means of a random drawing among all legitimate and eligible Prize claims.

12. Release: By participating in this Sweepstakes and/or accepting a Prize, Participant (for himself or herself and his or her heirs) agrees to release, indemnify, and hold harmless Sponsor, the Sweepstakes Entities, and each of their officers, directors, owners, employees, agents, affiliates, and owner-operators (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 Sweepstakes or any Sweepstakes-related activity and for any claims based on publicity rights, defamation, or invasion of privacy.

13. Agreement to Official Rules: By participating in the Sweepstakes, each Participant fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor, which are final and binding in all matters relating to the Sweepstakes. By participating in the Sweepstakes, each Participant waives any right to claim ambiguity in these Official Rules. In the event of any inconsistency with any other materials, these Official Rules shall govern.

14. Limitation of Liability: In no event will sponsor or any released party be responsible or liable for any injuries, claims, actions, damages, losses, or liability of any kind, including direct, indirect, incidental, consequential, or punitive damages resulting from or arising from participation in, or the production, promotion, or administration of, the sweepstakes, or acceptance, possession, use, misuse, or nonuse of a prize that may be awarded. Without limiting the foregoing, all prizes are provided “as is” without warranty of any 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 exclusion 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. Any attempt by a participant or any other individual to deliberately undermine the legitimate operation of this sweepstakes is a violation of criminal and civil laws, and should any such attempt be made, sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Except where prohibited, Participants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, or the determination of winner, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (c) s/he 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.

15. Non-waiver: The failure or delay by Sponsor in enforcing any particular clause, provision, or aspect of these Official Rules shall not impact the validity, enforceability, or effect of any other clause, provision, or aspect of these Official Rules.

16. Choice of Law: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of each Participant, and/or Sponsor or Released Parties in connection with the Sweepstakes, shall be exclusively governed by, and construed in accordance with, the laws of the State of Texas without regard to conflicts of law/choice of law doctrine of Texas or any other jurisdiction, and all proceedings regarding same shall take place exclusively either in a state or federal court located in Texas. Each Participant agrees to the jurisdiction of such courts and waives any right to change of venue or any like right.

17. Official Rules and Winner List: Official Rules for this Sweepstakes may be obtained by http://salata.com/contest-terms-and-conditions during the Sweepstakes Period. For a disclosure of winner (first name, last name initial, and city), send a self-addressed, stamped envelope for receipt by July 12th to 16720 Park Row Drive, Houston, TX 77084.

This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with Instagram or any other individual or entity other than the Sweepstakes Entities.