#SharetheBerries Contest 2018

#ShareTheBerries

OFFICIAL RULES FOR THE SHARI’S BERRIES® “SHARE THE BERRIES” CONTEST

NO PURCHASE NECESSARY.

VOID WHERE PROHIBITED BY LAW OR REGULATION.

THIS PROGRAM IS OFFERED ONLY IN THE 50 U.S. STATES AND WASHINGTON, D.C.

1. PROGRAM OVERVIEW: The Shari’s Berries® “Share the Berries” Contest (the “Program”) runs between 12:00AM Pacific Standard Time (“PST”) on January 1, 2018, and ends at 11:59PM PST on December 31, 2018 (the “Program Period”). During each calendar month of the Program Period (each, a “Program Month”), entrants will have the opportunity to submit a photo using their Instagram account (each, a “Submission”) for the opportunity to be selected to win a gift box from berries.com (the “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.  This Program is in no way sponsored, endorsed or administered by, or associated with Instagram.

2. ELIGIBILITY: The Program 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 of Submission: (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 account; (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 (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 Program. This Program is void where prohibited by law.

3. HOW TO PARTICIPATE: To participate in this Program, you must complete the following steps during a Program Month:

a. Follow Shari’s Berries on Instagram by creating an account (if you do not already have an account) and adding @SharisBerries. Joining Instagram is free.

b. Post an image featuring your Shari’s Berries gift on Instagram through your Instagram account, using (i) the hashtag #ShareTheBerries (the “Hashtag”) in the post caption and (ii) the tag @SharisBerries in the image. This is considered a Submission.

i. Note: By using the Hashtag in connection with your Instagram post, you are acknowledging and agreeing that: (A) your Submission will be posted on the Internet (and other media as designated by Sponsor) for public view; (B) Sponsor has the right to stream your post through the Instagram 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 upload your Submission to Instagram, you will be entered into the Program; provided, however, that any Submission 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.  Sponsor reserves the right to verify eligibility of all entrants, and any attempt to participate in the Program from entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.

Limit one entry per person during a Program Month.  Submissions using more than one Instagram account by any one person will be ineligible.  Odds of winning dependent on number of entrants, and making a purchase will not increase your odds of winning.  Sponsor Entities are not responsible for lost, late, or misdirected Submissions, 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 Submission. Proof of Submission does not constitute proof of Sponsor’s receipt of that information. Sponsor reserves the right to modify the scheduling of the Program without prior notification. In the event of a dispute regarding the identity of the entrant, the Submission will be deemed to be submitted by the person in whose name the Instagram account was registered on the date of Submission.

4. SELECTION AND NOTIFICATION: Sponsor’s Marketing Team or its designee (the “Program Judge”) will select one winner based on the following judging criteria from among all eligible Submissions received by Sponsor during a Program Month:

Creativity and artistic expression (35%);

Image quality (35%); and

Alignment with the Shari’s Berries brand personality (30%).

The judging criteria will be applied in the sole discretion of the Program Judge, and each entrant agrees to be bound by and not challenge the final decisions of the Program Judge.

A winner for a Program Month will be selected during the subsequent calendar month.  Sponsor will attempt to notify such winner via Instagram private message. A selected winner must respond to Sponsor within 48 hours of Sponsor’s first notification attempt.  If a selected 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 winner.  Sponsor shall have no liability for failed notification attempts that are lost, stolen, undeliverable, intercepted, or not received by a selected winner or an alternate winner for any reason.  Sponsor reserves the right, in its sole discretion, to select no winner for a Program Month if an insufficient number of eligible and qualified Submissions are received during that Program Month.

5. PRIZE: One Prize may be awarded for each Program Month, for a total of 12 Prizes during the Program Period.  Each Prize shall consist of one (1) box of treats, valued up to $50 USD, and standard delivery to an address in the continental United States (excluding all other U.S. and foreign territories and possessions) within twelve (12) months of the Prize being redeemed.  The exact contents of each Prize, including the number and type of products, may vary depending on availability of products.  If a winner forfeits the Prize or does not redeem the Prize within 48 hours, 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.  No refunds or replacement Prize will be provided if a winner (or his or her designated recipient) is dissatisfied with the Prize.  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 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 Submission, 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 Submission, 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 Submission.  Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, alter, or modify the Submission for any purpose which Sponsor deems necessary or desirable, including without limitation the right to remove any third party intellectual property from the Submission.  You hereby irrevocably waive any and all so-called moral rights that you may have to the Submission.

7. PUBLICITY RIGHTS: By uploading your Submission, you hereby grant Sponsor permission to use your name, photograph, Instagram handle, image, likeness, voice, biographical information, statement, submitted photos of the Prize 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 is subject to these Official Rules and all applicable federal, state, provincial, and local laws.  By participating in the Program, each entrant: (a) agrees to waive any right to claim any ambiguity or error in these Official Rules, judging 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.

a. 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”).

b. Delays or Technical Failures. If, for any reason, the Program 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, Sponsor reserves the right to disqualify any entrant it finds who tampers with the Program, operation of the Program or web site, and to cancel, terminate, modify, or suspend the Program 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 Submission 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.

c. Fraudulent Conduct. Any person attempting to defraud Sponsor or tamper with the Program in any way will be prosecuted to the full extent permitted by law and will not be eligible for the Prize.

d. Limitation of Liability. By participating in the Program, you agree that the Sponsor Entities and Instagram 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 (including, but not limited to, misprinted or typographical errors on the Program 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.

e. 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, severe weather, 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.

f. 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 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 this Program, 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.

g. 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, 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 for the Program Period, send a self-addressed, stamped envelope to: Shari’s Berries 2018 #ShareTheBerries Contest “Rules” or “Name of Winner” (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, 2019. These Official Rules may also be found at berries.com/blog/sharetheberriescontest during the Program Period.  The name(s) and Submission(s) of the winners may be publicized on one or more websites owned, operated by or affiliated with Sponsor, including www.berries.com/blog/.

Ó2018 Provide Commerce, Inc.  All rights reserved.