NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
These Official Rules apply for the 2016 Valentine’s Day Giveaway (“Sweepstakes”) conducted by Reserve Media, Inc. (“Reserve”), a Delaware corporation, with offices at 1 Union Square West, Suite 208, New York, NY 10003 (“Reserve”), and 800flowers Inc (“Florists.com“), a Delaware corporation, with offices at 1 Old Country Road, Carle Place, NY 11514, the “Sponsors”). The Sweepstakes will be promoted email, social media, the Sponsors’ websites and/or mobile applications, with the Official Rules available at http://blog.reserve.com/2015/01/01/2016-valentines-day-giveaway-official-rules/. The Sweepstakes will start on January 29, 2016 and will end on February 8, 2016 (the “Sweepstakes Time Period”).
BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO BE FULLY AND UNCONDITIONALLY BOUND BY THE TERMS IN THESE OFFICIAL RULES AND YOU REPRESENT AND WARRANT THAT YOU MEET THE ELIGIBILITY REQUIREMENTS SET FORTH HEREIN. IN ADDITION, YOU AGREE TO ACCEPT THE DECISIONS OF SPONSOR, AS FINAL AND BINDING AS IT RELATES TO THE CONTENT.
1. ELIGIBILITY. Sweepstakes entrants and prize recipients must be (i) legal residents of the fifty (50) United States or the District of Columbia and (ii) aged 18 years or older (19+ in NE and AL) at the time of entry to be eligible. Void where prohibited by law. Sweepstakes subject to all applicable federal, state and local laws and regulations. Employees of Sponsors and their respective parent companies, subsidiaries, affiliates, divisions, advertising and promotion, fulfillment and/or judging agencies, and related entities (collectively, the “Released Entities”), and their immediate family members (spouse, parents, siblings, children and their spouses) regardless of where they reside and/or those living in the same household of any such individual (whether or not related) are not eligible to enter or win.
2. HOW TO ENTER. During the Sweepstakes Time Period, go to http://www.florists.com/pages/sweepstake-from-reserve-and-florists and submit your email address, zip code and gender. You may not enter more times than indicated by using multiple email addresses, identities, accounts, or devices in an attempt to circumvent the Official Rules. If you use fraudulent methods or otherwise attempt to circumvent the Official Rules, your submission may be removed from eligibility at the sole discretion of the Sponsors. Your entry constitutes your consent to participate in this Sweepstakes and your consent for the Sponsors to obtain and use your name, address and other information to supply you with the prize, if you are deemed a winner, as well as for other uses by the Sponsors as permitted by applicable law. Entries are the property of the Sponsors and will not be acknowledged or returned. Sponsor is not responsible for late, incomplete, or otherwise misdirected entries that are processed late or incorrectly or are lost due to computer or electronic malfunction or other error. All entries must be received by no later than 11:59pm on February 8th, 2016.
3. WINNER SELECTION AND NOTIFICATION. The winner of the Sweepstakes will be selected in a random drawing under the supervision of the Sponsors from among all eligible entries received during the for a total of one (1) winner. Odds of winning depend on the number of eligible entries received each week. The winner will be notified via email to the email address used to enter the Sweepstakes no later than February 8, 2016. Sponsor shall have no liability for a winner’s failure to receive notices due to winners’ spam, junk e-mail or other security settings or for winners’ provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 15 business days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, the prize may be forfeited and an alternate winner selected. The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSORS’ SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
4. PRIZE. One (1) winner will receive a prize package (Total ARV: $570) consisting of the following: (i) a promotional code valid for up to $250 in credit on the Reserve App to be used towards paying the final bill at any restaurant featured on the Reserve App (ARV: $250, provided by Reserve); (ii) a 10K rose gold pendant necklace (ARV: $320, provided by Florists.com). Actual/appraised values may differ at time of prize award. The winner will be solely responsible for all federal, state and local taxes on prizes, as well as any and all costs associated with the acceptance and use of the prize. All expenses and costs associated with the acceptance and use of the prize are the sole responsibility of the prize winner. No cash substitution, assignment, or transfer of any prize is permitted. In the event the prize or any portion thereof is unavailable, Sponsors reserve the right to substitute a prize of equal or greater value. The ARV of the prize set forth above represents Sponsors’ good faith determination of the retail value thereof, and the actual fair market value, as ultimately determined by Sponsors, is final and binding and cannot be challenged or appealed. In the event the stated ARV of a prize is more than the actual fair market value of the prize, the difference will not be awarded in cash or otherwise. Acceptance of prize constitutes permission for Sponsors to use winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
5. RIGHTS GRANTED BY YOU. By entering this Sweepstakes you understand that Sponsors, anyone acting on behalf of Sponsors, or their respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the world, your entry, including, without limitation, the entry and winner’s name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
6. GENERAL. By entering this Sweepstakes, each entrant and the prize winner: (1) agree to be bound by these Official Rules; (2) agree to release Sponsors, any prize provider, and the Released Entities from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death arising out of participating in this Sweepstakes, or the acceptance, possession, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery; (3) consent to the use of his/her name, voice, picture, and likeness for advertising and promotional purposes in any medium throughout the world in perpetuity without additional compensation unless prohibited by law; and (4) acknowledge that Sponsors, any prize providers, and the Released Entities have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition, or fitness for a particular purpose. Sponsors may discontinue this Sweepstakes at any time. Sponsors may terminate this Sweepstakes or modify it in any manner that they deem fair and equitable to participants if they becomes aware of any occurrence that would materially affect the Sweepstakes’ security and fairness. Sponsors may prohibit individuals from participating in the Sweepstakes and disqualify entries if they (1) attempt to enter the Sweepstakes through any means other than as described in these Official Rules; (2) attempt to disrupt the Sweepstakes or circumvent the terms and conditions of these Official Rules in any way; (3) repeatedly show a disregard for the Sweepstakes Official Rules; (4) act in an unsportsmanlike manner; or (5) act with an intent to annoy, abuse, threaten or harass any other entrant or Sponsors. Sponsors’ decisions with respect to the Sweepstakes are final.
7. CONNECTIVITY. If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsors or the Released Entities which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsors and the Released Entities reserve the right at their sole discretion, to disqualify any individual who tampers with the entry process. Neither the Sponsors nor any of the Released Entities assumes any responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Neither the Sponsors nor any of the Released Entities are responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Sponsors or any of the Released Entities due to technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes. NEITHER SPONSORS NOR ANY OF THE RELEASED ENTITIES ARE RESPONSIBLE FOR INCOMPATIBILITY OF ENTRANT’S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY WITH SPONSORS’ OR SUCH RELEASED ENTITY’S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS OR AFFECTED RELEASED ENTITY RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity or eligibility of a winner based on an e-mail address, the winning entry will be declared made by the “Authorized Account Holder” of the e-mail address at time of entry. “Authorized Account Holder” is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsors may ask any entrant or potential winner to provide Sponsors with proof that such party is the Authorized Account Holder of the email associated with the entry.
8. LIMITATION OF LIABILITY AND RELEASE. By participating in this Sweepstakes, entrants agree to release and hold harmless Sponsors, any prize provider, and the Released Entities from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize hereunder, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of entries; or (e) injury or death to a person(s) or damage to property which may be result, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or entrants receipt, acceptance, use &/or enjoyment of any prize. In no event shall the Sponsors, any prize provider or the Released Entities be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Sponsors, any prize provider, and the Released Entities reserve the right to correct typographic, clerical or printing errors in any Sweepstakes materials. Sponsors, any prize provider, and the Released Entities are not responsible for any typographical or other error in the printing of this Sweepstakes, the administration of the Sweepstakes or in the announcement of prize winner(s), including such error as may give an erroneous indication that a prize has been won. In the event the Sponsors, any prize provider or the Released Entities are prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, provincial or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsors’, any prize provider’s or the Released Entities’ control (each a “Force Majeure” event) the Sponsors, any prize provider, and the Released Entities shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes without notice or further obligation. If the Sponsors, any prize provider or the Released Entities, in their discretion, elect to abbreviate, cancel or terminate the Sweepstakes as a result of a Force Majeure event, the Sponsors, any prize provider, and the Released Entities reserve the right, but shall have no obligation, to award the prizes from among all valid entries received up to the time of such Force Majeure event.
9. GOVERNING LAW AND JURISDICTION. THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF NEW YORK, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, you agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in New York County having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.
10. WINNER LIST. To obtain a copy of the winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Reserve Media, Inc., Attn. 2016 Valentine’s Day Giveaway, 34 3rd Ave., #160, New York, NY 10003. Requests must be received no later than February 8, 2016.
11. NATURE OF SPONSOR’S BUSINESS: Technology, media, and lifestyle.