OFFICIAL RULES. NO PURCHASE NECESSARY TO ENTER THE GIVEAWAY.A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
Submitting an entry constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor and Judges, which shall be final and binding on all matters relating to the Giveaway.
1. Giveaway Timing: The #BFFD Instagram Sweepstakes (the “Giveaway”) begins 12:00 a.m. Eastern Time (“ET”) on 6/5/2014 and ends 11:59 p.m. ET on 6/8/2014 (the “Giveaway Period”). Sponsor’s clock is the official timekeeping device for this Giveaway.
2. Eligibility: The Giveaway is open only to legal U.S. residents, who are 21 years of age or older and who reside in the FreshDirect delivery area in the states of NY, NJ, CT, PA, and DE and who have, as of 6/4/2014, an iPhone, Android or Windows phone with a data plan and a valid public Instagram account. Employees of Fresh Direct, LLC (“Sponsor”), its officers, directors, members, shareholders and advertising and promotional agencies, including Don Jagoda Associates, Inc., and their respective affiliates and subsidiaries, and the immediate family members and people living in the same household of each are not eligible. Void where prohibited and subject to all federal, state and local laws. Void outside NY, NJ, CT, PA, DE and where prohibited or restricted by law and subject to all federal, state and local laws.
Please note the following important Entry requirements:
- The Entry must not have been submitted previously in a giveaway or promotion of any kind or previously exhibited or displayed publicly (i.e., disclosed beyond your social media accounts and/or your immediate circle of friends and family) through any means.
- The Entry must not contain content that is known by you to be false, inaccurate or misleading.
- Any Entry deemed inappropriate or unsuitable, in Sponsor’s sole discretion, will be disqualified. Entries must not contain material that is inappropriate, indecent (including but not limited to nudity, or pornography), profane, obscene, hateful, tortious, defamatory, slanderous or libelous (including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group)
- The Entry must not contain or depict material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination, including without limitation, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- The Entry must not contain any content that infringes or may infringe third party rights including without limitation any copyright, name, trademark, logo, trade dress, or other personal or proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity or make reference to any commercial/corporate advertising (including but not limited to corporate logos, brand names, charities, slogans, political, or religious statements), or be otherwise objectionable. Without limiting the generality of the foregoing, publicly-displayed and publicly-accessible Sponsor content, materials, or products are permitted for this Giveaway.
- Any item shown in the Entry should not contain any visible logos, drawings, cartoons, phrases, trademarks or other third-party content or materials (but showing publicly-displayed or publicly-accessible Sponsor content, material, and products as described above is permitted).
- The Entry photo must not include any representation of celebrities, athletes, musicians, or any other third-party (public or private), include any anti-social, political or religious groups, any commercial solicitation or promotional materials or name, address, phone number, or URL address. Entries must not contain advertisements, personal solicitations or commercial solicitations.
- Photos may not be owned, taken or edited by a professional photographer.
- The Entry must not contain viruses, Trojan horses, worms, bots, spyware or any other computer code that is intended to damage, interfere with, or surreptitiously intercept or expropriate any system, data or information.
- Entrants and all submitted Entries must be in keeping with Sponsor’s image as determined by Sponsor, in its sole discretion, or Entry will be disqualified from the Giveaway. The Entry must not disparage persons or organizations associated with Sponsor.
- Entries must not reference any of Sponsor’s competitors.
Each Entrant grants to Sponsor the license and other rights in and to his/her Entry described in Section 8 below, and each Entrant agrees to execute documents confirming such rights at Sponsor’s reasonable request. By entering, you understand that the photo portion of your Entry may be posted online, in Sponsor’s sole discretion, to be viewed by members of the general public. Entries must be received by 11:59 p.m. ET on 6/8/2014. Normal phone/usage/subscription access charges imposed by your phone/device service provider will apply. Standard data and message rates may apply.
4. Privacy: By providing this information, you authorize Sponsor: to collect, process and use such information for lawful, Sponsor business related purposes; to store your information at and transmit it to various locations throughout the world, either directly or through third party vendors, whether within the United States, or elsewhere. To learn more about our data collection and usage practices, please see our Privacy Statement at https://www.freshdirect.com/help/privacy_policy.jsp.
5. Random Drawing: One (1) Grand Prize winner will be selected in a random drawing from all eligible Entries on or about 6/9/2014. Drawing will be conducted by the Sponsor, whose decisions will be final and binding on all matters related to the Giveaway. Odds of winning depend on the total number of eligible Entries received throughout the Giveaway Period.
6. Prize: One (1) Grand Prize: Two (2) $50 FreshDirect gift cards, one for winner and one for their best friend depicted. Gift cards are subject to restrictions and an expiration date may apply. Winner will be notified by direct message on Instagram from @FreshDirect and required to respond within 48 hours of notification and confirmed via e-mail/mail. Winner will be required to complete and return a Release of Liability/Publicity Release (where permitted by applicable law) and Assignment of Rights within five (5) days of notification attempt or the prize will be forfeited and an alternate winner selected. Winner grants Sponsor right to post Entry on Instagram and/or Facebook, in Sponsor’s sole discretion. No substitution or transfer of prize is permitted. Return of prize or prize notification as undeliverable will result in disqualification and alternate selection. No substitutions or exchanges (including for cash) of prize will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for the prize.
7. General Rules: By participating in the Giveaway, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor and Judges. All Entries will be declared made by the authorized account holder of the email address registered to the Instagram account that submitted the Entry. “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. The Sponsor and Giveaway Entities (defined below)—and any of their respective directors, officers, employees, professional advisors, and agents—are not responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or Entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Giveaway disruptions, injuries, losses or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Giveaway. Sponsor reserves the right to cancel the Giveaway if any aspect of the Giveaway becomes technically corrupted, and conduct a random drawing to select the Grand Prize winner from the eligible Entries received prior to cancellation. The Sponsor reserves the right in its sole discretion to disqualify any individual that tampers or attempts to tamper with the Entry process or the operation of the Giveaway; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the fairness, proper play, or legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
8. Sponsor’s Rights to Entries: For the good and valuable consideration of participating in the Giveaway and having your Entry considered for use by Sponsor, or any of their websites and/or as otherwise detailed below, sufficiency of which, you hereby acknowledge, you hereby grant to Sponsor, its parent companies, affiliates, brands, subsidiaries, successors, licensees, agents and agencies and those they may designate from time to time (all of the foregoing, the “Giveaway Entities”), a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license to use, copy, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, transmit, display, and perform such Entry, in whole or in part, in any media, format or technology, whether now known or later discovered, and in any manner including all promotional, advertising, marketing, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law). You also hereby grant to the Giveaway Entities an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right to use your name, likeness, Entry, nickname, user name, Instagram user name, and biographical information (collectively “Personal Content”) as contained in your Entry, in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, whether now known or later discovered, and in any manner including all promotional, advertising, marketing, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law). Without limitation of the foregoing, submission of an Entry constitutes your agreement that the Giveaway Entities are permitted (but are not obligated) to display the Entry online (whether on Giveaway Entities’ web pages, applications or on third party web pages or applications), to incorporate the Entry in online and offline promotional advertising, marketing, and/or other commercial materials, and to reproduce, adapt and distribute the Entry in all media now known or later developed. In addition, you hereby grant to the Sponsor a worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license in and to all rights, titles, and interests that you may be deemed to have in any reproduction, product, or derivative work using or incorporating the Entry. You represent and warrant that: (i) the Entry and the use of your Entry contemplated in these Official Rules does not and will not infringe on any copyright or trademark or any other third-party right (personal, proprietary, or otherwise) or violate any applicable law or regulation, (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright, trademark and other related rights to the Entry and Personal Content, free and clear of all claims and encumbrances and without violating the rights of any person or entity, including without limitation any right of privacy or publicity or any other personal or proprietary right. You waive any right to inspect or approve uses of the Entry or to be compensated for any such uses.
9. Liability Release: By entering the Giveaway, you (on behalf of yourself and your successors, assigns, and representatives) release and hold harmless Sponsor, Instagram, Don Jagoda Associates, Inc., and all Giveaway Entities (and each of their respective officers, directors, employees, professional advisors, agents, retailers, shareholders, members, and representatives) from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Giveaway, your Entry, or delivery, mis-delivery, acceptance, possession, or use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, intellectual property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Without limitation of the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain or interfere with use of the Entry or your Personal Content as permitted hereunder or the exploitation of any of the Giveaway Entities’ rights hereunder. You further agree to release and indemnify, defend and hold harmless the Giveaway Entities from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Giveaway Entities infringes on your rights as contained in the Entry. You agree that you shall have no right of approval, no claim to compensation or benefit, and no claim (including, without limitation, claims based upon invasion of privacy, copyright infringement, defamation, or right or publicity) arising out of any use of Entry or Personal Content or any editing, distortion, alteration, optical illusion, or use in partial or composite form, whether or not intentional.
10. Applicable Laws and Jurisdiction: This Giveaway is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of New York. All disputes arising out of or connected with this Giveaway will be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, NY. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Giveaway and shall not include any indirect, punitive, incidental and/or consequential damages.
11. Winner: For the name of the winner, available after 6/17/2014, for a period of at least 30 days, visit www.freshdirect.com/myfd.
12. Sponsor: The Sponsor of the Giveaway is Fresh Direct, LLC, 23-30 Borden Avenue, Long Island City, NY 11101.
The Giveaway is in no way sponsored, endorsed or administered by, or associated with, Instagram. You understand that you are providing your information to Fresh Direct, LLC and not to Instagram. The information you provide will only be used in connection with this Giveaway or in connection with promotional or other activities of Fresh Direct, LLC.