The Shari’s Berries Best Birthday Gift Scavenger Hunt Sweepstakes

NO PURCHASE NECESSARY TO ENTER OR TO WIN

OFFICIAL RULES

VOID WHERE PROHIBITED BY LAW OR REGULATION.

SWEEPSTAKES IS OFFERED ONLY IN THE 50 STATES OF THE U.S. AND WASHINGTON, D.C. AND IS INTENDED FOR PARTICIPATION IN THOSE AREAS ONLY.

  1. Sponsor: FTD Companies, Inc., 3113 Woodcreek Drive, Downers Grove, Illinois 60515 (“Sponsor”).
  1. Eligibility: The Shari’s Berries Best Birthday Gift Scavenger Hunt Sweepstakes (the “Sweepstakes”) Sweepstakes is open only to permanent legal residents of the 50 United States and Washington, D.C. (excluding Guam, Puerto Rico and 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 Sweepstakes 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 Internet access; (c) they possess a social security number, or federal tax identification number issued by the appropriate government agency at time of entry; and (d) they have carefully read and reviewed prior to agreeing to, and agreed to as instructed, these Official Rules. Employees of Sponsor (defined below) and those involved in the development, handling, production, implementation and distribution of the Sweepstakes/Sweepstakes, 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 Sweepstakes/Sweepstakes (collectively “Sweepstakes 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 Sweepstakes.
  1. How to Enter: The Sweepstakes runs between 8:00AM Pacific Standard Time (“PST”) on September 14, 2016 and ends at 8:00AM PST on September 15, 2016 (the “Sweepstakes Period”). To enter this Sweepstakes, you must, during the Sweepstakes Period: 1)    Search “Shari’s Berries Birthday Gifts” on Google; 2)     Click the first Shari’s Berries link you see; 3) Click on which birthday gift you like the most; 4) Comment on the official Birthday Scavenger Hunt Sweepstakes post by Shari’s Berries on our Facebook page and include the gift you liked the most and why.  Post may not contain any foul language, third party intellectual property, offensive content, or any other content deemed inappropriate or unlawful or inconsistent with Sponsor’s public image and goodwill in the Sponsor’s sole discretion in order to qualify as an eligible comment for entry. (“Eligible Comment”)

ONLY ONE ENTRY PER PERSON IS ALLOWED.  One entry per person or email address during the Sweepstakes Period.  Any attempt by an entrant to obtain more than the allowable entry by using multiple/different Facebook accounts, identities or any other online methods will void all of that entrant’s entries. By entering, entrants agree to comply with these Official Rules including all eligibility requirements. 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. 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 entries. Proof of entering information at website does not constitute proof of delivery or receipt. Sponsor reserves the right to modify the scheduling of the Sweepstakes without prior notification. Use of computer programs, macro, programmed, robotic, automatic and other similar means to enter the Sweepstakes is prohibited and may result in the disqualification of entries and/or the entrant. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the person in whose name the e-mail account is registered on the date the entry is submitted. All entries become the sole property of the Sponsor and will not be acknowledged or returned.

  1. Winner Selection and Notification: Five potential winners (each a “Potential Winner”) will be selected by Sponsor or a designee, the judge of each Sweepstakes whose decisions are final and binding on all matters relating to the Sweepstakes and Sweepstakes at random from all eligible entries received on or after the conclusion of the Sweepstakes Period. Your chances of winning will depend on the number of eligible entries submitted.  Each Potential Winner will be notified by the email address provided in the entry and the Potential Winner (if a resident of a jurisdiction that deems him/her to be a minor, his/her parent or legal/guardian) will have 36 hours from the sending of the notification to respond. If the Potential Winner does not respond to the notification within this time frame, he/she may be disqualified and an alternate Potential Winner may be selected from among the other eligible Sweepstakes entrants at Sponsor’s sole discretion. If the prize notification cannot be delivered or is returned as undeliverable, a Potential Winner forfeits the Prize. In the event that a Potential Winner does not comply with these Official Rules or is otherwise disqualified for any reason, Sponsor may award the Prize to an alternate Potential Winner selected from among the other eligible Sweepstakes entrants at its sole discretion.
  1. Prizes:  Prize will consist of a Shari’s Berries treat box (ARV $50).  Five (5) prizes 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, except that Sponsor may substitute a prize of equal or greater value.  Delivery of all prizes subject to Sponsor’s reasonable restrictions.  All federal, state, local or other taxes are the sole responsibility of each Winner. Each Winner 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 PURPOSE). ACCEPTANCE, PARTICIPATION IN AND/OR USE OF THE PRIZE ARE AT THE WINNERS’ 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 WINNER. 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.

 

  1. General Conditions and Disclaimers: This Sweepstakes is subject to these Official Rules and all applicable federal, state, and local laws (collectively “Rules and Laws”). You grant to the Sponsor and its designees the irrevocable, perpetual, worldwide, non-exclusive right and license to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote your Eligible Comment, your image, biographic information, and comments, biographic information, and comments (collectively, the “Submission”) in connection with the Sweepstakes and such other products or services as the Sponsor may designate in any medium now known or hereafter devised for editorial, commercial, promotional and/or any other purpose. In addition, the Sponsor shall have the right to reproduce and distribute your Submission for promotional purposes in broadcast, print and or other media as the Sponsor may determine in its sole discretion. You retain ownership of all right, title, and interest in and to your Submission. You agree that the Sponsor owns all right, title and interest in any compilation, collective work, or other derivative work created by the Sponsor using or incorporating your Submission. You hereby grant to the Sponsor the right to edit any of your Submission, in whole or in part. In addition, you hereby grant to the Sponsor and their designees the right to use any edited Submission, or parts of a Submission, without your approval and waive any right to inspect or approve uses of the Submission prior to or following publication and any right to compensation for the Submission. All elements of your Submission must be your original work and must be owned by you, and you must have the right to grant any and all necessary rights and licenses, including without limitation, all necessary copyright and other related rights to all of the materials, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity. By entering your Submission, you agree to release and hold harmless the Sponsor and its officers, directors, employees and agents, and Facebook and Google from and against any claim or cause of action arising out of your Submission or your participation in any phase of this Sweepstakes.

By taking part in the Sweepstakes and/or by entering the Sweepstakes, each entrant agrees to waive any right to claim any ambiguity or error in the Official Rules of the Sweepstakes and Sweepstakes 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 Potential Winner (if a resident of a jurisdiction that deems winner 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”), within five (5) days after receipt or such Potential Winner may be disqualified and an alternate Potential Winner may be selected from among the remaining Sweepstakes entrants at Sponsor’s sole discretion.  By accepting the Prize, each Winner (his/her parent/legal guardian if the Winner 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. The Sweepstakes Entities are not responsible or liable for multiple entries in excess of the stated limit, entries that are entered by other than human means (such as by an automated computer program or any non-human method) or that are mechanically duplicated, late, destroyed, incomplete, lost, misdirected, forged, damaged, tampered with, or entries that are otherwise not in compliance with these Official Rules (whether due to the fault of the Sweepstakes entrant, Sponsor, or any other Sweepstakes Entity), and all such entries will be disqualified. Sponsor reserves the right, in its sole discretion, to select fewer than five (5) or  extend the Program Period if an insufficient number of eligible, complete or generally qualified entries are received.  If for any reason the Sweepstakes 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 Sweepstakes/Sweepstakes, Sponsor reserves the right to disqualify any individual it finds who tampers with the entry process, operation of the Sweepstakes or web site, and to cancel, terminate, modify, or suspend the Sweepstakes without notice and to select the winners from all eligible entries received prior to the cancellation or termination. 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 entrant’s or any other person’s computer related to or resulting from participation in the Sweepstakes. Any person attempting to defraud Sponsor or tamper with the Sweepstakes in any way will be prosecuted to the full extent permitted by law and will not be eligible for the Prize. Each entrant (his/her parental/legal guardian if entrant is a resident of a jurisdiction that deems him/her to be a minor) agrees to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from use of any entries or participation in the Sweepstakes. Acceptance of the Prize constitutes a Winner’s permission for the Sponsor to use the Winner’s name, photograph, 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.   While Facebook and Google are not affiliated with the Sweepstakes, their Terms apply to use of each service.

  1. Release From Liability of Sweepstakes Entities: By participating, entrants agree that Sweepstakes Entities 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 Sweepstakes (including, but not limited to, misprinted or typographical errors on the Sweepstakes 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 Sweepstakes Entities. Entrants agree to indemnify and hold harmless the Sweepstakes Entities, including without limitation the Sponsor, and each of them from and against any and all liability, damages, costs, attorney’s 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 Entrant upon the Sweepstakes Entities in these Official Rules.  Entrants also agree that the Sweepstakes 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 Sweepstakes for any reason, or any combination thereof.  Entrants further agree that the Sweepstakes Entities are not responsible or liable for any injury or damage to the Entrant’s or third party’s computer and/or its contents, related to or resulting from any part of this Sweepstakes. Sweepstakes 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. Entrants hereby acknowledge that Sweepstakes 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 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.
  1. Disputes: Except where prohibited, each Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes 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 Sweepstakes, but in no event attorneys’ fees; and (c) under no circumstances will Entrant be permitted to obtain awards for, and Entrant 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 entrant and Sponsor in connection with the Sweepstakes, 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.
  1. Official Rules/Name of Winner: Official Rules may be found at: www.berries.com/blog. For a copy of these Official Rules or the name of the Winners, send a self-addressed, stamped envelope to: Shari’s Berries Best Birthday Gift Scavenger Hunt Sweepstakes “Rules” or “Names of Winners” (specify which), 3113 Woodcreek Drive, Downers Grove, IL 60515.  All requests must be received by October 15, 2016.

 

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