Bento’s Healthy Eating Sweepstakes
Official Rules
IMPORTANT NOTICE: THESE OFFICIAL RULES ARE SUBJECT TO A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER SET FORTH IN SECTION 8 OF BENTO’S TERMS OF SERVICE, WHICH IS FULLY INCORPORATED HEREIN. THOSE PROVISIONS AFFECT ENTRANT’S LEGAL RIGHTS, SO PLEASE READ THEM CAREFULLY.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW AND IS INTENDED FOR PARTICIPATION IN THE UNITED STATES ONLY. THESE RULES AND APPLICABLE U.S. LAW GOVERN ALL ASPECTS OF SWEEPSTAKES PARTICIPATION AND PRIZE AWARD. DO NOT ENTER IF YOU ARE NOT ELIGIBLE UNDER THESE RULES OR ARE NOT LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
PROMOTION. Welcome to the Bento’s Healthy Eating Sweepstakes (the “Sweepstakes”). No purchase necessary to enter or win, and no deposit, entry fee, payment, or proof of purchase is necessary to participate in this Sweepstakes.
SPONSOR. The sponsor of this Sweepstakes is Hunger Not Impossible, Inc., d/b/a Bento (“Sponsor”). The Sponsor may be contacted at hello@gobento.com or 628 California Ave, Venice, CA 90291.
SWEEPSTAKES PERIOD. The Sweepstakes begins on January 7, 2025, at 12:00:01 a.m. Eastern Time (“ET”) (the “Start Date”) and ends on January 31, 2025, at 11:59:59 p.m. ET (the “End Date”). The period from the Start Date to the End Date is the “Sweepstakes Period.” Sponsor reserves, in its sole discretion, the right to extend the Sweepstakes Period for whatever reason without notification.
ELIGIBILITY. The Sweepstakes is open to individuals (i) who are legal residents of the fifty (50) United States or the District of Columbia; (ii) who are at least the legal age of majority in their state of residence or older at the time of entry; and (iii) who are enrolled in a Bento program and have received at least one (1) Bento order at the time of entry.
Employees, officers, directors, agents, and representatives of Sponsor, and each of its parent companies, subsidiaries, affiliates, advertising/promotion/fulfillment agencies, anyone else connected with the production and distribution of this Sweepstakes and their immediate families (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and those living in their same household, whether or not related, are not eligible to enter or win.
ACCEPTANCE OF RULES AND TERMS. Each individual participating in the Sweepstakes (each an “Entrant”) agrees that they have reviewed and accept the Sponsor’s Privacy Policy and Terms of Service. In addition, each Entrant agrees they have reviewed and unconditionally agree to abide by these Bento’s Healthy Eating Sweepstakes Official Rules (the “Rules”) and the decisions of the Sponsor, which are final and binding in all respects with respect to the Sweepstakes.
These Rules govern the Sweepstakes, but they do not govern Sponsor’s websites or services, which are governed by their own terms. Further, in the event of a conflict between these Rules and any instructions or interpretations of these Rules given by an employee or agent of Sponsor regarding the Sweepstakes, these Rules shall prevail, govern, and control. In the event of any discrepancy or inconsistency between the Rules and disclosures or other statements contained in any Sweepstakes-related materials, these Rules shall prevail, govern, and control.
Sponsor reserves the right to verify eligibility and to adjudicate any dispute regarding an Entrant’s eligibility at any time. If in participating in the Sweepstakes an Entrant provides any false information including with respect to the Entrant’s identity, age, residency, or other information required for entering the Sweepstakes, the Entrant may be immediately disqualified from the Sweepstakes in Sponsor’s sole discretion.
HOW TO ENTER. No purchase or payment is necessary to participate in the Sweepstakes. To enter the Sweepstakes, an Entrant may either:
a. Post on Social Media:
i. Create a creative, authentic photo or video showcasing a meal or snack created using Bento groceries. Sponsor may, in its sole discretion, disqualify a post if it does not comply with the Guidelines and Restrictions, as defined below, and/or if it is not related to the theme of healthy eating.
ii. During the Sweepstakes Period, share your photo or video on Instagram or Facebook and tag Bento’s official account in your post. Entrant’s post will only count if your account is set to public.
iii. Include hashtag #bentosweepstakes at the beginning of your post’s caption.
b. Enter by Mail:
i. Enter free of charge by hand-printing on a 3” x 5” card the (i) Entrant’s name, email address, and daytime and evening phones, and (ii) Entrant’s address, city, state/province/territory, ZIP or postal code, and mailing the card in a #10 envelope with sufficient postage affixed to: 628 California Ave, Venice, CA 90291, ATTN: Bento’s Healthy Eating Sweepstakes.
ii. Mail-in entries (“Mail-in Entries”) must be received by January 31st, 2025 in order to be eligible. An Entrant who enters using this method consents to receive communications from Sponsor for the purpose of administering this Sweepstakes but will not receive communications from Sponsor for the purpose of providing other offers and communications which may be of interest to the Entrant, unless the Entrant has already agreed to receive such communications independent of the participation in the Sweepstakes.
There is no limit to the number of Entries or Mail-in Entries you may submit during the Sweepstakes Period. However, submitting multiple Entries and/or Mail-in Entries will not increase your odds of winning.
All social media entry information, captions, photos, and social media posts shall be collectively referred to herein as the “Entry.”
Usage of Facebook or Instagram may require a mobile device and therefore Entrant may be charged for standard data rates according to the terms and conditions in their agreement with their wireless carrier. Entrant agrees to incur at their sole cost any and all charges demanded by Entrant’s wireless carrier. Entrant should also check their device’s features for capabilities and check the device manual for specific use instructions.
The person submitting the Entry must be the authorized account holder of such Facebook or Instagram account, otherwise the Entry may be deemed void. In the event of a dispute over the identity of a potential winner, the Entry will be declared made by the authorized holder of the Facebook or Instagram account used for entry, and potential winner may be required to provide identification sufficient to show that they are the authorized account holder of such Facebook or Instagram account. The “authorized account holder” is the natural person assigned to the applicable Facebook or Instagram account by Meta d/b/a Facebook, and Instagram from Meta. It is the sole responsibility of the Entrant to notify the Sponsor in writing if the Entrant changes their Facebook or Instagram account during the duration of the Sweepstakes. Proof of submission of an Entry does not constitute proof of delivery of Entry. Multiple accounts may not be used, and anyone found to use multiple accounts to enter will be deemed ineligible.
By submitting an Entry, Entrant agrees that (i) their Entry conforms to any terms of use/platform guidelines, policies, and content restrictions of Facebook and Instagram, as applicable; (ii) their Entry conforms to the Guidelines and Content Restrictions below; and (iii) Sponsor, in its sole discretion, and without notice, may disqualify Entrant from the Sweepstakes if they determine that Entrant’s Entry fails to conform to these Rules including without limitation the Guidelines and Content Restrictions below.
Guidelines and Content Restrictions
The Entry must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity, copyright, trademark, or other intellectual property rights;
The Entry must not disparage or embarrass Sponsor, its owners and employees, or any other person or party affiliated with the promotion and administration of this Sweepstakes;
The Entry must not feature brand names or trademarks of others;
The Entry must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous, or libelous;
The Entry must not contain any materials relating to lotteries, gambling, tobacco, alcohol or drugs, pornography, adult-oriented content, or any other sexually-explicit material;
The Entry must not contain anything that promotes bigotry, racism, hatred, or harm against any group or individual, or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and
The Entry must not contain material that is unlawful, in violation of or contrary to the laws, or regulations in any jurisdiction where the Entry is created.
If the Sponsor determines that the content of the Entry does not comply with the Guidelines and Content Restrictions, the Entry may be immediately disqualified from the Sweepstakes in Sponsor’s sole discretion.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT THEIR ENTRY (INCLUDING YOUR USERNAME AND PROFILE PICTURE) MAY BE POSTED ON FACEBOOK, INSTAGRAM, AND/OR SPONSOR’S PROPRIETARY WEBSITE AND/OR SOCIAL PAGES, WHERE IT MAY BE VIEWED, SHARED (BY USERS OF SOCIAL MEDIA AND VARIOUS OTHER INTERNET-BASED SITES), AND COMMENTED ON BY THE SPONSOR AND THE GENERAL PUBLIC.
Each Entry must be manually keystroked and manually entered by the individual Entrant; automated and/or repetitive electronic submission of Entries (including, but not limited to, Entries made using any script, macro, bot or service) will be disqualified and transmissions from these accounts or related email or IP addresses may be blocked.
By submitting an Entry, Entrants agree to grant the Sponsor, its parents, subsidiaries, affiliates, divisions, advertising and promotional agencies, wholesalers, and retailers, suppliers and each of the foregoing entities’ employees, officers, directors, shareholders, and agents, the exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights, and any other rights Entrant has in the Entry, and also the right and permission to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, dub, adapt, publish, exploit, and use the content of and elements embodied in the Entry, in any media now known or hereafter devised (including without limitation, the internet), for advertising and promotional purposes without additional compensation, except where prohibited by law. Each Entrant hereby represents and warrants they are the original author/creator of their Entry and the Entry will not infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Sponsor’s use of information submitted to Sponsor in connection with this Sweepstakes will be subject to these Rules.
Sponsor shall not be liable for any problems that occur during the entry process, including without limitation, late, incomplete, delayed, undelivered, or misdirected Entries or Mail-in Entries, and shall not have any obligation to advise an Entrant of an incomplete, invalid, or undeliverable Entries or Mail-in Entries. No illegible or incomplete Entries or Mail-in Entries will be accepted.
7. PRIZE. One (1) eligible Entrant will win a $250 gift card to a grocery store near the Entrant’s residence, to be determined by Sponsor in its sole discretion (the “Prize”).
APPROXIMATE RETAIL VALUE (“ARV”) OF THE PRIZE: USD $250.
The ARV of the Prize is as of date of printing of these Rules and is based on available information provided to Sponsor. Sponsor is responsible only for prize delivery and expressly disclaims responsibility for prize utility, quality, or otherwise.
THE PRIZE IS AWARDED AS-IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The Prize is non-transferable. No cash redemption or Prize substitution is allowed by any Prize winner. At the sole discretion of the Sponsor, Sponsor may (and reserves the right to) substitute a Prize (or portion thereof) with one of comparable or greater value.
8. PRIZE WINNER SELECTION. On or about February 4, 2025, Sponsor will randomly select a winner (“Winner”) from the list of eligible Entrants who submitted an eligible Entry(ies) or Mail-in Entry during the Sweepstakes Period.
The odds of winning depend on the number of eligible Entrants who submit an eligible Entry(ies) or Mail-in Entries during the Sweepstakes Period. Submitting multiple Entries and/or Mail-in Entries will not increase your odds of winning.
9. NOTIFICATION TO PRIZE WINNER. On or about February 4, 2025, Sponsor will notify the potential Winner by messaging the social media account associated with the Entry or emailing the email address provided in the Entrant’s Mail-in Entry, as applicable (the “Notification”). Sponsor will ask the Entrant to provide the phone number associated with their Bento account via direct message on social media so that Sponsor can verify their Bento membership and contest eligibility. If so instructed in the Notification, the potential Winner must communicate acceptance to Sponsor by responding to the Notification and providing all required information and documentation (collectively, a “Response”) within five (5) days of the Notification. On or about February 11, 2025, Sponsor will announce the Winner on its social media accounts.
The potential Winner may be required to sign an affidavit of eligibility (which affirms that they have complied with these Rules) as well as a liability release and, where legal, a publicity release, each of which, if issued, must be completed, signed, and returned within fourteen (14) days from date of issuance, or a Prize may be forfeited.
Except where prohibited by law, acceptance of a Prize constitutes the Winner’s and consent to use their name and/or photograph without further compensation for advertising, promotional, and publicity purposes by Sponsor and on a publicly available winner’s list. By accepting a Prize, each Winner acknowledges compliance with these Rules.
Noncompliance with the foregoing or with these Rules may result in disqualification and, at Sponsor’s sole discretion, another Entrant being selected and notified as a potential Winner. Likewise, if the Prize, Notification, or attempted Notification is returned as undeliverable, the Prize may be forfeited and, at Sponsor’s sole discretion, another Entrant may be selected and notified as a potential Winner.
Sponsor is not responsible for any change of social media account or email address of any Entrant, nor is Sponsor responsible for any inability of a potential Winner to accept or use any portion of the Prize for any reason.
10. OTHER CONDITIONS. These Rules are final and binding in all respects and are subject to all federal, state, and local laws and regulations.
CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
a. Right to Modify or Suspend Sweepstakes
Sponsor reserves the right, in its sole discretion, to modify or suspend this Sweepstakes or any portion hereof, if during the Sweepstakes Period:
i. There is infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes that, in Sponsor’s sole discretion, corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes;
ii. The Sweepstakes or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of Entries; and/or,
iii. The Sweepstakes is otherwise not capable of running as planned by Sponsor, including for any event beyond Sponsor’s control, including, without limitation, a force majeure, fire, flood, epidemic or other national health emergency, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared,) or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, public health crisis.
In the event of modification or suspension, Sponsor shall select the Winner, if any, from among the remaining uncorrupted eligible Entries and Mail-in Entries. If the Sweepstakes is terminated, cancelled, or postponed for any reason whatsoever, the actual/appraised value of the Prize will be awarded only to the extent required by law.
b. Right to Disqualify Sweepstakes Entrants
Sponsor reserves the right, in its sole discretion, to disqualify any Entrants implicated in any of the actions identified below during the Sweepstakes Period:
i. An Entrant acts in violation of these Rules;
ii. There are actions by an Entrant that, in Sponsor’s sole discretion, corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes; and/or
iii. As a result of any information arising from any background check(s) as set out below.
Because a Winner will be affiliated with Sponsor, Sponsor reserves the right to conduct background check(s) of all records of Winner, including without limitation, civil and criminal court records and police reports. To the extent necessary under law, such individuals shall authorize this background check. In that regard, such individuals will be obligated to provide necessary releases, contacts, and information so that Sponsor may conduct such investigation. Sponsor reserves the right, in its sole discretion, to disqualify any Winner from award of the Prize, based on the background check.
Additional restrictions may apply.
11. USE OF DATA. Personally identifiable information that is submitted by an Entrant as part of this Sweepstakes will be used to administer the Sweepstakes, to select and announce the Winner, to fulfill the Prize, and will be treated in accordance with Sponsor’s Privacy Policy. By participating in the Sweepstakes, Entrant hereby agrees to Sponsor’s collection and use of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy. If selected as a Winner, the Winner’s information may also be included in a publicly available winner’s list.
12. TAXES AND FEES. The Winner is solely responsible for all federal, state, and local taxes and other fees associated with their receipt and use of a Prize. Sponsor will withhold and/or report taxes as required by the applicable law of the Sponsor’s jurisdiction, and the Winner must provide accurate address and social security details to Sponsor to allow Sponsor to comply with tax regulations and share with appropriate tax authorities.
Taxes and fees, if any, are the sole responsibility of the Winner. Sponsor does not provide tax advice, nor should any statements in this agreement be construed as tax advice.
13. RELEASE, INDEMNIFICATION, AND LIMITATION ON LIABILITY. By entering the Sweepstakes, each Entrant agrees (and agrees to confirm in writing) to release and hold harmless Sponsor, its parents, subsidiaries, affiliates, divisions, advertising and promotional agencies, wholesalers, and retailers, suppliers and each of the foregoing entities’ employees, officers, directors, shareholders, and agents (collectively the “Released Parties”), from and against any and all claims, actions and/or liability for any injuries or death, loss, or damage of any kind arising from or in connection with participation in the Sweepstakes or acceptance or use of the Prize and for any claims based on publicity rights, defamation, invasion of privacy, and merchandise delivery.
Each Entrant agrees (and agrees to confirm in writing) to indemnify, release, and hold harmless the Released Parties from and against any and all liability, claims, loss, damage, injury, or expense, including reasonable attorney’s fees, arising in connection with any third-party action arising out of a breach or allegation that, if true, would constitute a breach of any of Entrant’s representations, warranties, or obligations herein. Each Entrant hereby acknowledges that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prize (or any components thereof). All warranties and/or guarantees for the Prize (if any) are subject to the respective manufacturers’ terms therefore, and each Entrant agrees to look solely to such manufacturers for any such warranty and/or guarantee.
The Released Parties are not responsible or liable for any incorrect or inaccurate Entry or Mail-in Entry information, and assume no responsibility for (i) any error, omission, interruption, defect, or delay in operation, connectivity, or transmission at any website, network, or server; (ii) failure of any Entry or Mail-in Entry to be received by Sponsor due to technical/mechanical/electronic errors or problems, human error, or traffic congestion on the Internet or at any website, network or server; (iii) communications line, hardware and/or software failures; (iv) damage to any computer (software or hardware) resulting from or related to participation in the Sweepstakes; (v) theft or destruction of, tampering with, unauthorized access to, or alteration of Entry or Mail-in Entry information; (vi) Entries, Mail-in Entries, email messages, or other communications related to the Sweepstakes that are late, lost, stolen, damaged, delayed, garbled, illegible, unintelligible, misdirected, mutilated, and/or incomplete (or any combination thereof); (vii) printing, typographical or other errors appearing within these Rules or in any Sweepstakes-related advertisements or other materials; (viii) the administration of the Sweepstakes or the processing of Entries and Mail-in Entries; or (ix) other errors or problems of any kind.
14. DISPUTE RESOLUTION. All disputes concerning the construction, interpretation, validity, effect, and enforceability of these Official Rules will be governed by Section 8 of Sponsor’s Terms of Service.
15. WINNERS LIST. For the identity of the Winner (available after February 11, 2025), send an email for receipt by March 14, 2025, to: Attn: Bento, hello@gobento.com.
16. NO THIRD-PARTY SPONSOR. This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with, any brand, supplier, manufacturer, retailer, or other entity associated with the Prize.
Meta d/b/a Facebook, and Instagram from Meta, (collectively “Social Media Sites”) are not sponsors, endorsers, or affiliated in any way with the Sweepstakes. All questions regarding the Sweepstakes must be directed to Sponsor, not any Social Media Site. Entrant agrees as a condition of participating in the Sweepstakes that you shall release Social Media Sites from any and all liability arising out of or relating to Entrant’s Entry, creation of an Entry, submission of an Entry, participation in the Sweepstakes, acceptance, use, or misuse of any prize, or the broadcast, exploitation, or use of an Entry.