NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND D.C., AGE 18 OR OLDER. VOID WHERE PROHIBITED. U.S. LAW GOVERNS THIS SWEEPSTAKES.
1. ELIGIBILITY: The From You Flowers “Send A Smile This Holiday Sweepstakes” (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older as of the date of entry. Employees of From You Flowers (“Sponsor”), its subsidiaries, affiliates, distributors, and advertising, promotion and Internet agencies, and their immediate family and household members, are not eligible. Void where prohibited by law.
2. HOW TO ENTER: The entry period for the Sweepstakes begins at 12:00 a.m. Eastern Time (ET) on November 15h, 2106 and ends at 11:50 p.m. ET on December 25th, 2016(the “Entry Period”). To enter, during the Entry Period, access the Sponsor’s website at www.fromyouflowers.com (the “Site”) and follow the on-screen entry instructions to submit an entry via the Site. Entries via the Site must be completed and received by 11:59 p.m. ET on December 25th, 2016. Entry times will be determined using Sponsor’s computer, which will be the official clock for the Sweepstakes. Normal time rates, if any, charged by Internet service provider will apply. There is a limit of one (1) entry per person. No purchase is necessary. Apple is not a participant in or sponsor of this promotion. Winner will receive two iPhone 7s in 32GB capacity with choice of black, gold, rose gold or silver. Available with AT&T, Sprint, T-Mobile and Verizon carriers.
3. WINNER SELECTION AND NOTIFICATION: One winner will be selected on or around January 3rd, 2017. Here is a break-down of the $1,398 valued prize package: two 32GB Apple iPhone 7s and a $100 From You Flowers gift card for (1) winner from all entries.
(1) Winner will be selected in a random drawing conducted by Sponsor or its agent from among all entries received. The odds of winning will depend on the number of eligible entries received. Potential winner will be notified by phone and/or e-mail, in Sponsor’s discretion, and may in Sponsor’s discretion be required to complete and return to Sponsor an Affidavit of Eligibility/Release of Liability, and, if legally permissible, a Publicity Release within ten (10) days of attempted delivery of same. If a potential winner cannot be reached within seventy-two (72) hours of the initial notification attempt (Sponsor reserves the right not to leave messages on voice mail or answering machines) or fails to respond to any notification attempt within the time period specified by Sponsor, or if any attempted notification or prize delivery is returned as undeliverable, or if a potential winner fails to complete and return any required affidavit or release within the specified time period, the potential winner may be disqualified and an alternate winner selected. If a potential winner is a minor under the laws of his or her jurisdiction of residency, Sponsor reserves the right in its discretion to award the prize to a parent or legal guardian and/or to require a parent or legal guardian to complete any required Affidavit/Release.
4. PRIZES: The prize package includes two 32GB Apple iPhone 7s and a $100 From You Flowers gift card. By entering this sweepstakes, you are opting in to receive special offers from From You Flowers. See complete official rules. The total ARV of all prizes is $1,398. All federal, state, local taxes on prize value, if applicable, are the responsibility of the winner. An IRS form 1099 will be issued if required by law. All prize details will be determined by Sponsor in its discretion. The prizes will be awarded if properly claimed. No substitution, cash redemption or transfer of the right to receive a prize is permitted, except in the discretion of Sponsor, which reserves the right to substitute a prize of equal or greater value. Prizes consist only of those items expressly specified in these Official Rules as being part of the prize. All expenses or costs associated with the acceptance or use of the prize are the responsibility of the winner. Prizes are awarded “as is” and without any warranty, except as required by law. Use of gift cards is subject to issuer’s terms and conditions. Restrictions may apply.
5. GRANT OF RIGHTS: By entering, each entrant grants permission to the Sponsor and its parent companies, affiliates, subsidiaries, agents and licensees to use the entrant’s name, biographical information and likeness for purposes of advertising and trade and other commercial purposes, without further notice or compensation, in perpetuity, unless prohibited by law.
6. RELEASE AND LIMITATION OF LIABILITY: By entering, each entrant releases and agrees to hold Sponsor, its parent companies, affiliates, subsidiaries, agents and licensees, the successors of each of the foregoing, and the directors, officers and employees of all of the foregoing, harmless from and against any and all claims and liability arising out of the entrant’s participation in the Sweepstakes, the operation of the Sweepstakes, the acceptance or use of a prize or the use of the entrant’s name, biographical information and/or likeness as permitted hereunder, including without limitation any and all claims and liabilities (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person or (b) based upon any allegation of violation of the right of privacy or right of publicity, misappropriation or violation of any other personal or proprietary right. Entrants assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes or use or redemption of any prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize. In no event will more than the stated number of prizes be awarded.
7. GENERAL RULES: Sponsor reserves the right to modify these Official Rules or to modify, suspend or terminate the Sweepstakes at any time in its discretion. Sponsor is not responsible for late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human, mechanical or technical errors of any kind relating to the submission, collection, storage or processing of entries or the administration of the Sweepstakes. Sponsor reserves the right, in its sole discretion, to disqualify or prohibit from participating in the Sweepstakes any individual who, in Sponsor’s discretion, Sponsor determines or believes (i) has tampered with the entry process, or has undermined the legitimate operation of the Site or the Sweepstakes by cheating, hacking, deception or other unfair playing practices, or (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrants or any representative of Sponsor, or (iii) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices, programs or methods to submit entries is prohibited and Sponsor reserves the right, in its sole discretion, to disqualify any entry that it believes may have been submitted using such an automated device, program or method. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend this Sweepstakes should a virus, bugs, entrant fraud or misconduct, or other causes beyond the control of the Sponsor corrupt the administration, integrity, security or proper operation of the Sweepstakes or if for any other reason Sponsor is not able to conduct the Sweepstakes as planned (including without limitation in the event the operation of the Sweepstakes is interfered with by any fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, federal, state or local law, order or regulation or court order). In the event of termination of the Sweepstakes, a notice will be posted and a random drawing to award the prizes will be conducted from among all eligible entries received prior to the time of termination. All federal, state and local laws and regulations apply. All entries become the property of Sponsor and will not be verified or returned. By participating in this Sweepstakes, entrants agree to be bound by the Official Rules and the decisions of Sponsor and the judges, which are final and binding in all respects. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor.
8. DISPUTES: By entering the Sweepstakes, each entrant agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys' fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of New York. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts located in the State of New York, and each entrant consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules or the Sweepstakes. In the event of any conflict between these Official Rules and any Sweepstakes information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail.
10. WINNERS’ NAMES AND RULES REQUESTS: For the names of the winners, available after January 3rd, 2017, or a copy of these Official Rules, send a self-addressed, stamped envelope to From You Flowers “Send A Smile This Holiday Sweepstakes,” Att’n: Winner’s List Request, 143 Mill Rock Road East, Old Saybrook, CT 06475. Vermont residents may omit return postage. 11. SPONSOR: From You Flowers, Old Saybrook, CT.©2016 From You Flowers. All rights reserved.