The Shari’s Berries® Surprise and Delight Program 2016
VOID WHERE PROHIBITED BY LAW OR REGULATION.
THIS PROGRAM AND CONTEST IS OFFERED ONLY IN THE 50 STATES OF THE U.S. AND WASHINGTON, D.C. AND IS INTENDED FOR PARTICIPATION IN THOSE AREAS ONLY.
- Sponsor: FTD Companies, Inc., 3113 Woodcreek Drive, Downers Grove, Illinois 60515 (“Sponsor”). Although the Shari’s Berries Surprise and Delight Program (the “Program”) and associated individual daily giveaways (each a “Contest”) is administered through an Instagram, Twitter, and/or Facebook interface, the Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram, Inc. (“Instagram”), Twitter, Inc. (“Twitter”), and/or Facebook, Inc. (“Facebook”). You are providing your information to Sponsor and not to associated interface.
- Eligibility: The Program and each Contest 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 Contest 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; (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. Employees of Sponsor (defined below) and those involved in the development, handling, production, implementation and distribution of the Contest/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 Contest/Program (collectively “Contest 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 Contest.
- How to Enter: The Program runs between 8:00AM Pacific Standard Time (“PST”) on January 1, 2016, and ends at 11:59PM PST on December 31, 2016 (the “Program Period”). Each Contest runs from the time the Sponsor posts a Contest prompt on the applicable social media site until 11:59pm PST on that same day (each a “Contest Period”). To enter this Contest, you must first 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 said account, you will not be required to complete this action). Joining Instagram, Twitter, and Facebook is free.
You must comment on the specified Instagram, Twitter, and/or Facebook post to enter the Contest. Only posts related to the Program will have associated Contests. All Program/Contest related posts will include a link to the official rules. Your comment must 1) directly relate to posed question or prompt 2) be received and counted by Sponsor by 11:59PM PST on the same day Sponsor made the post and 3) 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”). These steps will enter you in the Contest, and any attempted form of entry into this Contest other than as described herein is void. ONLY ONE ENTRY PER PERSON IS ALLOWED ON ANY ONE POST FROM SPONSOR. YOU MAY SUBMIT ONE ENTRY TO EACH CONTEST RELATED SPONSOR POST DURING THE PROGRAM PERIOD. YOU MAY ONLY WIN ONE TIME DURING THE PROGRAM PERIOD. All entries you submit will count only as an entry for the Contest that day and will not qualify as an entry for any prize offered on any past or future day’s Contest post by Sponsor. Any entry you submit after winning one time during the Program Period will be void. All entries must be received during the Contest 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 Contest or Program without prior notification. Use of computer programs, macro, programmed, robotic, automatic and other similar means to enter the Contest 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.
- Winner Selection and Notification: A maximum of three-hundred (300) potential winners (each a “Potential Winner”) will be selected by Sponsor or a designee, the judge of each Contest whose decisions are final and binding on all matters relating to the Contest and Program. One (1) Potential Winner will be selected for every Contest related Sponsor post during the Contest Period starting on or around January 1, 2016, and continuing through December 31, 2016. Each entry must be an Eligible Comment and must be made in response to the most current Sponsor post seeking Contest entries. Each Potential Winner shall be selected from among all eligible Contest entries received that day. Sponsor reserves the right, in its sole discretion, to select no Potential Winners or extend the Submission Period if an insufficient number of eligible, complete or generally qualified entries are received. Each Potential Winner will be selected at random from that day’s eligible Contest entries within five (5) days. Your chances of winning will depend on the number of eligible entries submitted that day. Each Potential Winner will be notified by Instagram, Twitter, and/or Facebook message, and each 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 a 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 Contest 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 Contest entrants at its sole discretion. Each Potential Winner who receives the Prize is known as the “Winner”.
- Prize: A maximum of three hundred (300) prizes will be awarded. Each Prize consists of one (1) box of berries. Approximate Retail Value (“ARV”) of each prize is between twenty-five and seventy-five dollars ($25-75 USD). If a Potential Winner is a resident of a jurisdiction that deems him/her a minor, the Prize will be awarded in the name of his/her parent or legal guardian. If a Winner forfeits the Prize, this forfeiture will serve as complete fulfillment of the obligation by the 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 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 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.
- General Conditions and Disclaimers: This Program and each Contest is subject to these Official Rules and all applicable federal, state, provincial, and local laws (collectively “Rules and Laws”). By taking part in the Program and/or by entering the Contest, each entrant agrees to waive any right to claim any ambiguity or error in the Official Rules of the Program and Contest 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 Contest 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 Contest 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 Contest entrant, Sponsor, or any other Contest Entity), and all such entries will be disqualified. If for any reason the Program or Contest 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/Contest, Sponsor reserves the right to disqualify any individual it finds who tampers with the entry process, operation of the Program or Contest or web site, and to cancel, terminate, modify, or suspend the Program or Contest 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 Program or Contest. Any person attempting to defraud Sponsor or tamper with the Program or Contest 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 Contest Entities from any and all liability resulting or arising from use of any entries or participation in the Program or Contest. 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 Instagram, Twitter and/or Facebook is not affiliated with the Program and Contest, each interface’s Terms and Policies apply to all use on said interface.
- Release From Liability of Contest Entities: By participating, entrants agree that Contest Entities, Instagram, Twitter and/or 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 Contest (including, but not limited to, misprinted or typographical errors on the Program or Contest 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 Contest Entities. Entrants agree to indemnify and hold harmless the Contest Entities, Instagram, Twitter and/or Facebook, 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 Entrant upon the Contest Entities in these Official Rules. Entrants also agree that the Contest 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 or Contest for any reason, or any combination thereof. Entrants further agree that the Contest 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 Program or Contest. Contest 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 Contest 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.
- 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 Program or Contest 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 Contest, 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 Program or Contest, 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/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 Surprise and Delight Program 2016 “Rules” or “Names of Winners” (specify which), 3113 Woodcreek Drive, Downers Grove, IL 60515. All requests must be received by January 31, 2017.
©2016. FTD Companies, Inc. All rights reserved.