The ProFlowers® Win Mom a Year of Flowers Sweepstakes 2018
NO PURCHASE NECESSARY TO ENTER OR TO WIN.
VOID WHERE PROHIBITED BY LAW OR REGULATION.
THIS SWEEPSTAKES IS OFFERED ONLY IN THE 50 U.S. STATES AND WASHINGTON, D.C. AND IS INTENDED FOR PARTICIPATION IN THOSE AREAS ONLY.
1. PROGRAM OVERVIEW: The ProFlowers® Win Mom a Year of Flowers Sweepstakes (the “Program”) runs between 8:00AM Pacific Standard Time (“PST”) on April 16, 2018, and ends at 11:59PM PST on May 11, 2018 (the “Program Period”). During the Program Period, entrants will have the opportunity to be selected to win flowers for a year from www.ProFlowers.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.
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 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 Internet access; (c) they possess a social security number, or federal tax identification number issued by the appropriate government agency; and (d) 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 ENTER: To enter the Program, visit www.ProFlowers.com and submit your email address in the pop-up window associated with the Program during the Program Period (“Email Submission”). Your Email Submission must be received and counted by Sponsor by 11:59PM PST on May 11, 2018.
Once you complete an Email Submission, you will be entered into the Program; provided, however, that any Email Submission that does not comply with these Official Rules will be disqualified and will not be eligible for entry. Any attempted form of entry into the Program 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, entrants agree to comply with these Official Rules including all eligibility requirements.
Limit one entry per person. Multiple entries submitted for the Program will count only as one entry, and will not qualify as an entry for any other Program 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 email account will void all of that entrant’s entries.
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 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 email account was registered on the date the entry is submitted.
4. WINNER SELECTION AND NOTIFICATION: On or about May 16, 2018, Sponsor or its designee will select one potential winner (a “Potential Winner”) in a random drawing from among all Email Submissions received by Sponsor during the Program Period. Odds of winning dependent on number of entrants, and making a purchase will not increase your odds of winning. Sponsor’s decisions are final and binding on all matters relating to the Program, and each entrant agrees to be bound by and not challenge the final decisions of Sponsor.
Sponsor will attempt to notify a Potential Winner via email to the address provided in the Email Submission. A Potential Winner must respond to Sponsor within one week of Sponsor’s first notification attempt. If a Potential Winner does not respond to Sponsor within one week 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. A Potential Winner who receives the Prize is known as the “Winner.” Sponsor reserves the right, in its sole discretion, to select no Winner for the Program if an insufficient number of eligible and complete entries are received during the Program Period.
5. PRIZE: One Prize may be awarded during the Program Period. The Prize shall consist of “flowers for a year,” in which Sponsor will send one seasonally-selected bouquet from www.ProFlowers.com to a recipient designated by Winner, each month for 12 consecutive months, commencing June 2018 to June 2019. The bouquets will be shipped for delivery in a custom ProFlowers packaging and gift box on or about the second Wednesday of each month. (The first shipment will also include a vase.) Sponsor will determine all Prize components, including the selection of bouquets and delivery schedule, in its sole discretion. No substitution, transfer, refunds, or cash equivalent for the Prize (or Prize component) is permitted.
Approximate Retail Value (“ARV”) of the Prize is $500 USD, which represents Sponsor’s good faith determination of the ARV thereof and cannot be challenged or appealed. In the event the ARV of the Prize (or Prize component) is more than the actual retail value or fair market value of the Prize (or Prize component), the difference will not be awarded in cash or otherwise. If Winner forfeits the Prize, this forfeiture will serve as complete fulfillment of the obligation by Sponsor and no additional compensation will be awarded. Winner is solely responsible for all costs, incidentals, and any other expenses not specifically mentioned as being included. All federal, state, local or other taxes are the sole responsibility of Winner. 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. PUBLICITY RIGHTS: By participating in the Program and accepting the Prize, you hereby grant Sponsor permission to use your name, photograph, 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.
7. 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 or 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.
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”), 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 entrants at Sponsor’s sole discretion.
b. Delays and 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 entry process or operation of the Program or website, 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 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.
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 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 entries 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, 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 into the 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.
8. 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 the Program Period, send a self-addressed, stamped envelope to: ProFlowers® Win Mom a Year of Flowers Sweepstakes “Rules” or “Names of Winner” (specify which), Attn: ProFlowers Marketing Department, 4830 Eastgate Mall, San Diego, California 92121. All requests must be received by June 29, 2018. These Official Rules may also be found at https://www.proflowers.com/blog/mom-year-of-flowers-2018 during the Program Period.
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