Shari’s Berries® Surprise and Delight Program 2019

The Shari’s Berries® Surprise and Delight Program 2019

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR TO WIN.

VOID WHERE PROHIBITED BY LAW OR REGULATION.

THIS PROGRAM AND GIVEAWAY IS OFFERED ONLY IN THE 50 U.S. STATES AND WASHINGTON, D.C. AND IS INTENDED FOR PARTICIPATION IN THESE AREAS ONLY.

1. PROGRAM OVERVIEW: The Shari’s Berries® Surprise and Delight Program (the “Program”) runs between 8:00AM Pacific Standard Time (“PST”) on January 1, 2019, and ends at 11:59PM PST on December 31, 2019 (the “Program Period”).  During the Program Period, entrants will have the opportunity to participate in individual daily giveaways on a designated social media site (each, a “Giveaway”) for the opportunity to be selected to win a $50 promotional code from www.berries.com (“Prize”) in accordance with, and as more fully set forth in, these Official Rules.  By participating in the Program, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Provide Commerce, Inc., 4830 Eastgate Mall, San Diego, California 92121 (“Sponsor”), which shall be final and binding in all respects.  The Program, and each Giveaway, is in no way sponsored, endorsed or administered by, or associated with, Instagram, Inc. (“Instagram”), Twitter, Inc. (“Twitter”), and/or Facebook, Inc. (“Facebook”).
2. ELIGIBILITY: The Program, and each Giveaway, is open only to permanent legal residents of the continental United States and Washington, D.C. (excluding all other U.S. and foreign territories and possessions) who are physically located and residing therein and who warrant and represent that they meet all of the following requirements as of the time their entry into the Giveaway is deemed complete: (a) they are 18 years of age or older and at least the age of majority in their state of residence; (b) they have an Instagram, Twitter or Facebook account (as applicable); (c) they have Internet access; (d) they possess a social security number, or federal tax identification number issued by the appropriate government agency; and (e) they have carefully read and reviewed prior to agreeing to, and agreed to as instructed, these Official Rules.  Sponsor and its affiliates, their respective directors, officers, employees, or agents, and other persons/entities involved or directly associated in the development, handling, production, implementation and distribution of the Program or any Giveaway (collectively “Sponsor Entities”) and/or members of their immediate families and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Giveaway.  This Program is void where prohibited by law.
3. HOW TO ENTER:  Each Giveaway runs from the time Sponsor posts a Giveaway-related prompt on the Instagram, Twitter, and/or Facebook interface until 11:59pm PST on that same day (each a “Giveaway Period”). Only posts related to the Program will have associated Giveaways.  All Program-related posts will include a link to these Official Rules.  To enter a Giveaway, you must complete the following steps during a Giveaway Period:
   1. Follow Shari’s Berries on Instagram at @SharisBerries, Twitter at @SharisBerries, and/or Facebook at https://www.facebook.com/SharisBerries (if you already follow Shari’s Berries on an applicable account, you will not be required to complete this action). Joining Instagram, Twitter, and Facebook is free.
   2. Comment on the Giveaway-related prompt on the Instagram, Twitter, and/or Facebook interface.  Your comment must (i) directly relate to posed question or prompt, (ii) be received and counted by Sponsor by 11:59PM PST on the same day Sponsor made the post, and (iii) may not contain any foul language, third party intellectual property, offensive content, or any other content deemed inappropriate or unlawful in the Sponsor’s sole discretion in order to qualify as an eligible comment (“Eligible Comment”).
      1. Note: By uploading an Eligible Comment in connection with Giveaway-related prompt, you are acknowledging and agreeing that: (A) your Eligible Comment will be posted on the Internet (and other media as designated by Sponsor) for public view; (B) Sponsor has the right to stream your Eligible Comment through the Instagram, Twitter, and/or Facebook API, otherwise use your post in connection with this Program, its advertising, and/or its Terms of Use located at  https://www.ftd.com/terms; (C) Sponsor may use any personally identifiable information collected in connection with the Program in accordance with its online privacy policy located at https://www.ftd.com/privacy; and (D) you unconditionally accept and will comply with these Official Rules.

Once you leave an Eligible Comment, you will be entered into the Giveaway; provided, however, that any Eligible Comment that does not comply with these Official Rules or is considered by Sponsor in its sole and absolute discretion to be obscene, pornographic, or libelous, contain hate speech, or otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for entry.  Any attempted form of entry into a Giveaway other than as described herein is void.  Sponsor reserves the right to verify eligibility of all entrants.  Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. By entering the Program and/or Giveaway, entrants agree to comply with these Official Rules including all eligibility requirements.

Limit one entry per person during a Giveaway Period.  You may submit one entry to each Giveaway during the Program Period.  Multiple entries submitted for any given Giveaway will count only as one entry for that Giveaway, and will not qualify as an entry for any other Giveaway whether in the past or future.  Any attempt by an entrant to obtain more than the allowable number of entries by using more than one social media account will void all of that entrant’s entries.  You may only win one time during the Program Period.   Any entry you submit after you have won a Prize during the Program Period will be void.

Sponsor Entities are not responsible for lost, late, or misdirected entries, for technical, hardware or software failures of any kind, for lost or unavailable network connections, or for failed, incomplete, garbled or delayed computer transmissions or any human error which may occur in the receipt or processing of the entries.  Proof of entry does not constitute proof of delivery or Sponsor’s receipt of that entry.  Sponsor reserves the right to modify the scheduling of the Program or any Giveaway without prior notification.  In the event of a dispute regarding the identity of the entrant, the entry will be deemed to be submitted by the person in whose name the social media account was registered on the date the entry is submitted.

4. WINNER SELECTION AND NOTIFICATION: Sponsor or its designee will select a maximum of 300 potential winners (each, a “Potential Winner”) during the Program Period, with one Potential Winner being selected for each Giveaway in a random drawing from among all Eligible Comments received by Sponsor during the Giveaway Period.  Odds of winning dependent on number of entrants, and making a purchase will not increase your odds of winning.  Sponsor’s decision are final and binding on all matters relating to the Giveaway, and each entrant agrees to be bound by and not challenge the final decisions of Sponsor.

A Potential Winner for a Giveaway will be selected within five days after the end of each Giveaway Period.  Sponsor will attempt to notify a Potential Winner via Instagram, Twitter, and/or Facebook  private message (as applicable).  A Potential Winner must respond to Sponsor within 48 hours of Sponsor’s first notification attempt.  If a Potential Winner does not respond to Sponsor within 48 hours of Sponsor’s first notification attempt, then he or she will be disqualified and Sponsor may, but is not required to, select an alternate Potential Winner.  Sponsor shall have no liability for failed notification attempts that are lost, stolen, undeliverable, intercepted, or not received by a Potential Winner or an alternate Potential Winner for any reason.  Each Potential Winner who receives the Prize is known as the “Winner.”  Sponsor reserves the right, in its sole discretion, to select no Winner for a Giveaway Period if an insufficient number of eligible and complete entries are received during that Giveaway Period.

5. PRIZE:  One Prize may be awarded for each Giveaway, for a maximum of 300 total Prizes to be awarded during the Program Period.  Each Prize shall consist of one $50 promotional code to be redeemable exclusively on www.berries.com until December 31, 2019.  If a Winner forfeits the Prize or does not redeem the Prize before the expiration date of December 31, 2019, this forfeiture will serve as complete fulfillment of the obligation by Sponsor and no additional compensation will be awarded.  Each Winner is solely responsible for all costs, incidentals, and any other expenses not specifically mentioned as being included.  No substitution, transfer, or cash equivalent for the Prize (or Prize component) is permitted.  All federal, state, local or other taxes are the sole responsibility of each Winner.  Each Winner may receive an IRS Form 1099-MISC from Sponsor for the total ARV of the Prize (stated herein) for the Program Period.  THE PRIZE IS AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSES). ACCEPTANCE, PARTICIPATION IN AND/OR USE OF THE PRIZE ARE AT THE WINNER’S SOLE RISK, AND SPONSOR IS NOT RESPONSIBLE FOR DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE AND/OR MISUSE OF THE PRIZE.  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 to you.  Check your local laws for any restrictions or limitations regarding these limitations or exclusions.

6. LICENSES: By uploading your Eligible Comment, you hereby consent to give Sponsor a royalty-free, irrevocable, perpetual, nonexclusive license to use, reproduce, modify, publish or create derivative works from and display the Eligible Comment, in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media, technology now known or later developed, including for promotional or marketing purposes.  If requested by Sponsor, you agree to sign any documentation that may be required for Sponsor or its designees to make use of the nonexclusive rights you are granting to use the Eligible Comment.  Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, alter, or modify the Eligible Comment for any purpose which Sponsor deems necessary or desirable, including without limitation the right to remove any third party intellectual property from the Eligible Comment.  You hereby irrevocably waive any and all so-called moral rights that you may have to the Eligible Comment.
7. PUBLICITY RIGHTS: By uploading your Eligible Comment, you hereby grant Sponsor permission to use your name, photograph, Instagram or Twitter handle, image, likeness, voice, biographical information, statement, and complete address for commercial, advertising and publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without notice, review or approval and without further compensation (except where prohibited by law) and releases the Sponsor from all claims arising out of the use thereof.
8. GENERAL CONDITIONS AND DISCLAIMERS: This Program, and each Giveaway, is subject to these Official Rules and all applicable federal, state, provincial, and local laws.  By participating in the Program, including by entering a Giveaway, each entrant: (a) agrees to waive any right to claim any ambiguity or error in these Official Rules, the selection procedures or the Program itself; (b) agrees to be bound by these Official Rules and by all decisions of Sponsor, whose decisions are binding and final in all respects; and (c) attests to the provisions stated in these Official Rules and compliance with these Official Rules.
   1. Affidavit and Release Forms.  You may be required to sign, have notarized and return an Affidavit of Eligibility, a Liability Release, a Publicity Release (where legal), IRS Form W-9, and/or any other documentation that Sponsor may require (collectively “Affidavit/Release”), within five (5) days after receipt of such Affidavit/Release or you may be disqualified and an alternate Potential Winner may be selected from among the remaining Giveaway entrants at Sponsor’s sole discretion.
   2. Delays and Technical Failures.  If, for any reason, the Program or Giveaway is not capable of running as planned, including infection due to computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Program and/or Giveaway, Sponsor reserves the right to disqualify any entrant it finds who tampers with the entry process, operation of the Program, Giveaway or web site, and to cancel, terminate, modify, or suspend the Program or Giveaway without notice.  Sponsor is not responsible for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, problems or technical malfunctions of any computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of human error, technical problems or traffic congestion on the Internet or at any website, theft or destruction, or unauthorized access to, or tampering with or hacking of any website, any combination thereof, or otherwise, including any injury or damage to any entrant’s or any other person’s computer/phone related to or resulting from an entrant’s participation in the Program or Giveaway.
   3. Fraudulent Conduct.  Any person attempting to defraud Sponsor or tamper with the Program or Giveaway in any way will be prosecuted to the full extent permitted by law and will not be eligible for the Prize.
   4. Limitation of Liability.  By participating in the Program, you agree that the Sponsor Entities, Instagram, Twitter and Facebook shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with the Program or Giveaway (including, but not limited to, misprinted or typographical errors on the Program or Giveaway promotional materials), including participation, acceptance/possession and/or use or misuse, and/or defect of the Prize, even if caused by the negligence of the Sponsor Entities.  You hereby acknowledge that Sponsor Entities 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.  Notwithstanding the foregoing, by participating in the Program, you agree to release, defend, indemnify and hold harmless each of the Sponsor Entities from and against any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, damages, costs, attorneys’ fees, and losses that may arise in connection with any and all of the rights and benefits you confer upon the Sponsor Entities in these Official Rules, including any and all liability resulting or arising from Sponsor’s use of any Submissions or your participation in the Program.
   5. Force Majeure.  The failure of Sponsor to comply with any provision of these Official Rules due to an act of third party delivery services, God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
   6. Disputes.  Except where prohibited, you hereby agree that: (i) any and all disputes, claims and causes of action arising out of or connected with the Program or any Giveaway or the Prize shall be resolved individually, without resort to any form of class action, and exclusively by a federal or state court located in Cook County, Illinois; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering a Giveaway, but in no event attorneys’ fees; and (iii) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waive any and all rights to have damages multiplied or otherwise increased.
   7. Governing Law.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of an entrant and Sponsor in connection with the Program or any Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois.

9. OFFICIAL RULES / WINNER LIST:  For a copy of these Official Rules or the name(s) of the Winners the Program Period, send a self-addressed, stamped envelope to: Shari’s Berries Surprise and Delight Program 2019 “Rules” or “Names of Winners” (specify which), Attn: Shari’s Berries Social Media Marketing Department, 4830 Eastgate Mall, San Diego, California 92121.  All requests must be received by January 1, 2020.  These Official Rules may also be found at www.berries.com/blog/sharis-berries-surprise-delight-program-2018 during the Program Period.  The name(s) of the Winners may be publicized on one or more websites owned, operated by or affiliated with Sponsor, including www.berries.com/blog/.

2019. Provide Commerce, Inc.  All rights reserved.