#SharetheBerries May 2017
Say Cheese(cake) for Some Sweet Karma
How to Win
It’s as easy as one, two, three! All you need is your cellphone and your delicious Shari’s Berries gift. The rest is simple.
1. Say cheesecake! Snap a pic of your delicious treats.
2. Share it on Instagram and tag @SharisBerries with #ShareTheBerries.
3. If we choose your pic, you’ll win a free gift for someone you love.
Score Some Sweet Karma
We’re pretty sure winning a free gift for your friend, your sister, or whoever you want to treat is excellent for your karma. And if you win, then the lucky person you treat can post a pic for a chance to win a gift for someone else. Of course, even if you don’t win, you can still score some sweet karma. Surprise someone with some dipped strawberries, cake pops, cheesecake, cake truffles, chocolates or another unforgettable treat.
The Shari’s Berries® #ShareTheBerries Sweepstakes – May 2017
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.
- Sponsor: FTD, Inc., 3113 Woodcreek Drive, Downers Grove, Illinois 60515 (“Sponsor”). Although the Shari’s Berries Share the Berries Sweepstakes (the “Program”) is administered through an Instagram interface, the Program is in no way sponsored, endorsed or administered by, or associated with Instagram. You are providing your information to Sponsor and not to associated interface.
- 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 their entry into the Program 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 account; (d) they have Internet access; (e) they possess a social security number, or federal tax identification number issued by the appropriate government agency at time of entry; and (f) they have carefully read and reviewed prior to agreeing to, and agreed to as instructed, these Official Rules. Sponsor, Employees of Sponsor (defined below) and those involved in the development, handling, production, implementation and distribution of the Program, and their advertising or promotion agencies, parent companies, agents, officers, employees, licensees, subsidiaries or affiliates, service providers, prize suppliers, or any other persons/entities directly associated with 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.
- How to Participate: The Program runs between 12AM Pacific Standard Time (“PST”) on May 1, 2017, and ends at 11:59PM PST on May 31, 2017 (the “Program Period”). To participate in this Program, you must first follow Shari’s Berries on Instagram by creating an account and adding @SharisBerries. Joining Instagram is free. Entrants may enter through one of the following two methods after joining Instagram and following @SharisBerries:
- Receipt of Shari’s Berries Gift: If you receive a gift from Shari’s Berries, post an image of your Shari’s Berries gift on Instagram, tag @SharisBerries and include hashtag #ShareTheBerries and #Contest in the post caption. This is considered an entry.
- Without a Purchase: If you have not received a gift from Shari’s Berries, visit Berries.com and find your favorite treat on the website. Then email SharisBerriesContest@ProvideCommerce.com with 1) why the treat is your favorite; 2) the text “#ShareTheBerries” in your email; and 3) your full name, Instagram handle, phone number and physical address.
Limit one entry per entrant during the Program Period. Odds of winning dependent on number of entrants, making a purchase will not increase your odds of winning. At the conclusion of the Program Period, the Sponsor will review all eligible Program entries and randomly select one winner. Winners will be contacted via Instagram private message. Winners have 48 hours to respond or an alternate winner will be selected.
By participating, participants agree to comply with these Official Rules including all eligibility requirements. Sponsor reserves the right to verify eligibility of all participants. Attempts to participate from participants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Sponsor and their agents 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 participant’s following of Shari’s Berries on Instagram. Proof of following Shari’s Berries on Instagram does not constitute proof of Shari’s Berries’ receipt of that information. Sponsor reserves the right to modify the scheduling of the Program without prior notification. Use of computer programs, macro, programmed, robotic, automatic and other similar means to follow Shari’s Berries on Instagram is prohibited and may result in the disqualification of the participant. In the event of a dispute regarding the identity of the person, the entry will be deemed to be submitted by the person in whose name the Instagram account registered on the date the person followed Shari’s Berries.
- Prize: One(1) gift box (“Prize”) from www.berries.com may be awarded. Each Prize consists of one (1) box of treats, valued up to $50 USD. The Prize includes complementary standard delivery to an address in the continental United States of America (excluding all other U.S. and foreign territories and possessions) within twelve (12) months of the Prize being awarded, in accordance with the Terms and Conditions for the www.Berries.com website. Each Prize may vary depending on availability of products including the number and type of products included. If a Participant forfeits the Prize or does not redeem the Prize before its expiration date, this forfeiture will serve as complete fulfillment of the obligation by the Sponsor and no additional compensation will be awarded. Each Participant 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 participant or recipient is unsatisfied with the Prize. All federal, state, local or other taxes are the sole responsibility of each participant. Each participant may receive a 1099 from the Sponsor for the total ARV of the Prize (stated herein) that he/she won in the calendar year that he/she won. 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 PARTICIPANT’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. SPONSOR RESERVES THE RIGHT TO VERIFY ELIGIBILITY OF EACH PARTICIPANT. 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.
- General Conditions and Disclaimers: This Program is subject to these Official Rules and all applicable federal, state, provincial, and local laws (collectively “Official Rules”). By taking part in the Program, each participant agrees to waive any right to claim any ambiguity or error in the Official Rules of the Program and to be bound by these Official Rules and by all decisions of the Sponsor, whose decisions are binding and final in all respects. A participant (if a resident of a jurisdiction that deems participant to be a minor, his/her parent or legal/guardian) 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”). By accepting the Prize, each Participant (his/her parent/legal guardian if the Participant is a resident of a jurisdiction that deems him/her to be a minor) attests to the provisions stated in these Official Rules and compliance with these Official Rules. 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 individual 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 assumes no responsibility 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 Participant’s or any other person’s computer/phone related to or resulting from participation in the Program. 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. Each Participant (his/her parental/legal guardian if Participant is a resident of a jurisdiction that deems him/her to be a minor) agrees to indemnify and hold harmless the Sponsor Entities from any and all liability resulting or arising from use of any entries or participation in the Program. Acceptance of the Prize constitutes a Participant’s permission for the Sponsor to use the participant’s name, photograph, Instagram handle, image, likeness, voice, biographical information, statement, submitted photos of the Prize and complete address for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization (except where prohibited by law) and releases the Sponsor from all claims arising out of the use thereof.
- Release From Liability of Sponsor Entities: By participating, participants agree that Sponsor 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 and/or Sponsor Entities. Participants agree to indemnify and hold harmless the Program Entity, including without limitation the Sponsor, and each of them from and against any and all liability, damages, costs, attorneys fees, etc. incurred with regard to any claim by any person(s) in connection with any and all of the rights and benefits conferred by the Participant upon the Sponsor Entities in these Official Rules. Participants also agree that the Sponsor Entities shall not be responsible for unauthorized intervention, online traffic/congestion, or any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, interruption or inability to access or utilize the assets/tools designated for this Program for any reason, or any combination thereof. Participants further agree that the Sponsor Entities are not responsible or liable for any injury or damage to the Participant’s or third party’s computer/phone and/or its contents, related to or resulting from any part of this Program. Sponsor Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (a) by any wrongful, negligent or unauthorized act or omission on the part of Sponsor or any of its agents, servants, employees or independent contractors, (b) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Sponsor, or (c) by any other cause, condition or event whatsoever beyond the control of Sponsor or its parent company, subsidiaries and affiliated companies. Participants 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. 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.
- Disputes: Except where prohibited, each Participant agrees that: (a) 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; (b) 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 (c) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Participant 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.
- Official Rules: Official Rules may be found at: www.berries.com/blog/sharetheberriescontest
2016. FTD, Inc. All rights reserved.