DIG SMS Sweepstakes Official Rules
No purchase or text necessary to enter or win a prize in this Sweepstakes. A purchase will not increase your chances of winning. Void where prohibited by law.
For text messages, message and data rates may apply to each text sent or received.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, Inc. or Meta Platforms, Inc. (collectively, “Meta Platforms”)
By entering this Sweepstakes, you agree to these Official Rules, which are a contract, so read them carefully before entering. Without limitation, this contract includes indemnities to the Sponsor from you, a limitation of your rights and remedies, binding arbitration of claims, waiver of class-action claims, and waiver of the right to trial by jury.
OVERVIEW: The DIG SMS Sweepstakes (“Sweepstakes”) is sponsored by Dig Inn Restaurant Group LLC (“Sponsor”).
Each Sweepstakes period will begin on the first day of the calendar month at 12:00:00 am Eastern Time (“ET”), and ends at 11:59:59 pm ET on the last day of the calendar month (each a “Sweepstakes Period”). If you satisfy the eligibility requirements (described below), you may enter the Sweepstakes by signing up to receive text messages from Sponsor or completing an entry form, as more fully described in the “How to Enter” section below. Following the conclusion of each Sweepstakes Period, Sponsor will select one (1) winner from among all entries received from both entry methods combined. Participation in this Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor.
ELIGIBILITY: This Sweepstakes is open only to legal residents of any one (1) of the fifty United States or the District of Columbia (“Territory”) who are at least eighteen (18) years old as of the date of entry. Employees, officers, directors, members, managers, agents, and representatives of Sponsor, its advertising and promotion agencies, and any other entities participating in the design, promotion, marketing, administration or fulfillment of this Sweepstakes, as well as each of their respective parent corporations, subsidiaries and affiliated companies (collectively, with Meta Platforms, the “Released Parties”) and members of the immediate families (defined for these purposes as including any spouse, partner, parent, legal guardian, child, legal ward, sibling, grandparent, or grandchild and each of their respective spouses) and individuals living in the same household as such persons (whether or not related) are not eligible. This Sweepstakes is void outside of the Territory and where prohibited by law.
HOW TO ENTER: There are two ways to enter the Sweepstakes and all steps for your selected entry method must be completed before the end of the Sweepstakes Period:
1) Via Text Message: Eligible entrants can enter by signing up to receive text messages from Sponsor by completing a text message sign up form located at order.diginn.com/sms-opt-in. Entrants must register for text messages via a registration form that specifically references the Sweepstakes in order to receive a valid entry. Registration via a text message registration form referencing any other offer (e.g. sign up for text messages and get $5 off your next order) will not result in an entry into the Sweepstakes.
All of the foregoing steps must be completed before the end of the Sweepstakes Period to earn one (1) entry into the Sweepstakes.
By signing up for text messages and entering the Sweepstakes, you agree that Dig Inn may send you autodialed SMS text messages for marketing or other purposes. You may opt out of receiving SMS text messages from Dig Inn by replying STOP to any text message you receive from Dig Inn or by texting STOP to 438344. Text HELP for help or email [email protected]. Message frequency may vary. Carrier message and data rates may apply. You are not required to consent to receive marketing SMS text messages from Dig Inn as a condition of any purchase or service.
2) Via Entry Form: Eligible entrants can enter without signing up for text messages by completing an entry form located at diginn.com/sms-ancillary-entry-form including your full name, email address and phone number.
Limit of one (1) entry per person per Sweepstakes Period. Entries received in excess of the stated limitation will be void. Entries generated by script, macro or other automated means or by any means that subvert the entry process are void. All entries become the property of Sponsor.
All entry steps must be completed and identifiable by Sponsor during the Sweepstakes Period or entry will be void. Other proof of submitting an entry (such as a printed or copied screenshot) does not constitute actual receipt of the entry for purposes of this Sweepstakes. Sponsor’s clock will be the official timekeeper for this Sweepstakes.
Entries must be submitted and received by Sponsor during the applicable Sweepstakes Period in strict accordance with the instructions and restrictions in these Official Rules. Those who do not follow all of the instructions, provide the required content in their entry, or abide by these Official Rules will be disqualified and any associated entry void. Purported entries that are incomplete, lost, late, misdirected, illegitimate, forged, altered, incomprehensible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. The use of any device or process to automate the entry process is prohibited. Entries will not be acknowledged. Entries made on your behalf by another, made by you on behalf of any other individual, or made by any entity, and/or originating at or using any web site or online service, including, without limitation, commercial promotion subscription, notification, and/or entering services, will be declared invalid and disqualified for this Sweepstakes.
ODDS AND WINNER SELECTION/NOTIFICATION: One (1) prize winner will be selected in a random drawing from among all eligible entries received from both entry methods for each Sweepstakes Period. The drawings will take place within approximately 5 business days following the close of the Sweepstakes Period. Odds of winning a prize depend on the number of eligible entries received for that Sweepstakes Period. Limit one (1) prize per person for the entire Sweepstakes program.
Within approximately 5 business days of the prize drawing, Sponsor will attempt to contact the potential winner, if potential winner entered via text, by sending a text message to the potential winner, as Sponsor’s sole discretion, or via email, if potential winner entered via entry form. E-gift cards will be fulfilled via email address winner used to enter the Sweepstakes.
If any prize, prize notification, or Sweepstakes-related communication is rejected, faulty, or returned as undeliverable or if the potential winner does not respond, if required, according to the notification’s or Sponsor’s instructions or otherwise fails to comply with these Official Rules, the prize may, in Sponsor’s sole discretion, be forfeited and an alternate winner may be selected (time permitting). Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that participant. To claim a prize, each potential winner must follow the directions in his or her notification. Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate potential winner, if any.
The prize, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than three (3) alternate winners (time permitting) for any prize for any reason, in which case that prize may go unawarded. Non-winning entries will not roll forward to subsequent Sweepstakes Periods.
PRIZE & APPROXIMATE RETAIL VALUE (“ARV”): One (1) $100 Dig E-gift card. E-gift card subject to the terms and conditions set forth by issuer. ARV: $100.
All prize details not specifically stated in these Official Rules will be determined by Sponsor in its sole discretion. All taxes (federal, state, and local), as well as any expenses associated with prize acceptance and use and not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of the winner. Sponsor is not responsible for any inability of any winner to accept or use any prize (or portion thereof) for any reason. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute any stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated prize will be awarded. Entrants waive the right to assert, as a cost of winning any prize, any and all costs of verification and redemption or travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim said prize.
LIMITATION OF LIABILITY: To the fullest extent permitted under applicable law, each entrant agrees to release, hold harmless, and indemnify each of the Released Parties and Meta Platforms from and against any liability whatsoever for injuries or damages of any kind sustained in connection with the acceptance, use, misuse, or awarding of the prize or while preparing for, participating in, and/or traveling to or from any prize- or Sweepstakes-related activity including, without limitation, any injury, damage, loss, death or accident to/of person or property. The limitations set forth in this section will not limit or exclude the Released Parties’ liability for personal injury or tangible property damage caused by the released parties, or for the released parties’ gross negligence, fraud, or intentional, willful, malicious, or reckless misconduct.
To the fullest extent permitted by applicable law, each winner agrees that the prize is provided as-is without any warranty, representation, or guarantee, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the prize, including, without limitation, its quality, merchantability, or fitness for a particular purpose.
Each entrant understands and agrees that all rights under Section 1542 of the Civil Code of California and any similar law of any state or territory of the United States are hereby expressly waived by him/her. Section 1542 reads as follows:
“Certain claims not affected by a general release. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
ADDITIONAL DISCLAIMERS: Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant, or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of any stated limit; any lost, late, incomplete, illegible, unintelligible, garbled, mutilated, or misdirected entries, text messages, email, mail, or Sweepstakes-related correspondence or materials or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, in any Sweepstakes-related advertisements, or other materials; failures of electronic equipment, computer hardware, or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications. The Released Parties are not responsible for electronic communications that are undeliverable or otherwise not received or noticed by entrant as a result of any form of active or passive filtering of any kind (including, without limitation, or insufficient space in entrant’s email or voicemail inbox to receive email or voicemail messages. Released Parties are not responsible, and may disqualify you, if your email address, or other contact information does not work or is changed without prior written notice to Sponsor. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or winner (or any person claiming through such entrant or winner) for failure to supply a prize or any part thereof in the event that any of the Sweepstakes activities or Released Parties’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic or pandemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.
GENERAL RULES: Sponsor’s decisions will be final in all matters relating to this Sweepstakes, including interpretation of these Official Rules, acceptance or rejection of purported entries, determination of the winner, and awarding of the prize. All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Sweepstakes. Participants further agree to not damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. Sponsor reserves the right to restrict or void email or text message entries or other identifiable source if any suspicious entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness, or proper play of this Sweepstakes. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency within these Official Rules), it will be resolved by Sponsor in its sole discretion. Entrants waive any right to claim ambiguity in the Sweepstakes structure or these Official Rules. If Sponsor determines, at any time and in its sole discretion, that a winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If the Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes and award the prizes from eligible, non-suspect entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. In the event of a dispute concerning the identity of a participant, the participant will be declared to be the account holder of the email address associated with the entry form used at the time of entry, but only if that person meets all other eligibility criteria, otherwise the entry may, in Sponsor’s sole discretion, be disqualified and any potential prize won forfeited. If a dispute cannot be resolved to Sponsor’s satisfaction, in its sole discretion, the entry will be deemed ineligible. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY VIOLATE CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW/DISPUTES/ARBITRATION: These Official Rules and participation in the Sweepstakes shall be governed by the law of the State of New York, excluding its conflicts of laws principles. The arbitration proceedings shall be governed by federal arbitration law and by the JAMS (defined below) rules.
Both you and sponsor waive the right to a trial by jury and the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action. Both you and Sponsor waive the right to participate in a class, consolidated, representative, collective, or private attorney general action related any dispute that is brought by anyone else. Notwithstanding any provision in the JAMS (defined below) rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
Except for disputes relating to the infringement of your or Sponsor’s intellectual property (such as trademarks, trade dress, copyright and patents) or where you or Sponsor is seeking injunctive relief (the “Excluded Disputes”), you and Sponsor each agree to finally settle all disputes only through arbitration. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to the Sweepstakes will be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration", then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case. If an in-person hearing is required, then it will take place in Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to your residence) or your hometown (but only if required by the JAMS Rules). The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, or for any Excluded Disputes, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in New York County, New York. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any of your travel or other costs to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of the Sweepstakes or any other property of Sponsor.
WINNER’S LIST/OFFICIAL RULES: A copy of these Official Rules is available online during the Sweepstakes Period by visiting diginn.com/sms-sweepstakes-official-rules. For information about who won, send an email to [email protected] with the subject line: “DIG SMS Sweepstakes” – Who Won?].” Requests for winner information must be received no later than three (3) months after the end of the applicable Sweepstakes Period.
SPONSOR: Dig Inn Restaurant Group LLC, 509 Manida St, Bronx NY 10474