NO PURCHASE NECESSARY TO ENTER OR TO WIN
VOID WHERE PROHIBITED BY LAW OR REGULATION.
THIS SWEEPSTAKES 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, Inc., 3113 Woodcreek Drive, Downers Grove, Illinois 60515 (“Sponsor”). The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. (“Facebook”) or Instagram, LLC (“Instagram”) . You are providing your information to Sponsor and not to Facebook or Instagram.
- Eligibility:The Sweepstakes 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 Sweepstakes is deemed complete: (a) they are 21 years of age or older; (b) they have a Facebook or Instagram account; (c) they have Internet access; (d) they possess a social security number, or federal tax identification number issued by the appropriate government agency at time of entry; and (e) they have carefully read and reviewed prior to agreeing to, and agreed to as instructed, the Sweepstakes Official Rules. Employees of Sponsor and those involved in the development, handling, production, implementation and distribution of the Sweepstakes, 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 Sweepstakes (collectively “Sweepstakes 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 Sweepstakes.
- How to Enter:
The Sweepstakes begins at 9:00:01 a.m. Pacific Standard Time (“PST”) on April 20, 2015 and ends at 11:59:59 p.m. PST on May 11, 2015 (the “Sweepstakes Period”).
There are two entry methods:
- Submit an entry by posting a picture on Instagram, follower @ftdflowers on Instagram, and using the hashtag #FTDMyMomIs
- To enter this Sweepstakes, please access the Sweepstakes application at http://www.facebook.com/FTDFlowersand complete the entry process. You will be required to “Like” the FTD® Facebook fan page, found at http://www.facebook.com/FTDFlowers (if you are already a “Liker”, you will not be required to complete this action). You may also be required to input your name and email address on a separate form page. The order of these steps may vary.
- ONLY ONE ENTRY PER EMAIL ADDRESS AND NATURAL PERSON IS ALLOWED DURING THE SWEEPSTAKES PERIOD. Valid entries must be submitted via the online method as described above. All entries must be received during the Sweepstakes Period. Any attempt by an entrant to obtain more than the allowable entry by using multiple/different e-mail addresses or Instagram/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 Sweepstakes without prior notification. Use of computer programs, macro, programmed, robotic, automatic and other similar means to enter the Sweepstakes 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.
Posted content may not be unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy/publicity of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable, inappropriate or inconsistent with Sponsor’s goodwill or a positive relationship with or attribute of a Mom as determined by Sponsor. Posts must contain language to make it clear to viewers that the image is being posted in order to enter/win a sweepstakes.
- Winner Selection and Notification:
The potential winner will be selected on or about May 18, 2015, by random selection from all eligible entries (“Potential Winner”). The Potential Winner will be notified by email (at the email address provided in the Sweepstakes entry) or by direct message on Instagram (at the Instagram handle provided in the Sweepstakes entry). The Potential Winner (if a resident of a jurisdiction that deems him/her to be a minor, his/her parent or legal/guardian) will have three (3) business days from the date of the notification email or message to respond. If the Potential Winner does not respond to the email notification or direct message within this time frame, he/she may be disqualified and an alternate Potential Winner may be selected from among the other Sweepstakes entrants at Sponsor’s sole discretion. If the prize notification cannot be delivered or is returned as undeliverable, the Potential Winner forfeits the Prize. In the event that the Potential Winner does not comply with these Official Rules or is otherwise disqualified for any reason, Sponsor may award the applicable Prize to an alternate Potential Winner selected from among the other Sweepstakes entrants at its sole discretion. The Potential Winner who receives a Prize is known as a “Winner”.
- Prizes:1 prize will be awarded. (2 Monthly Flower Gift Plan for a Year for the Entrant and their Mom) The Prize consists of the following: Approximate Retail Value (“ARV”) $1,200.00 USD. The value of each of the Prizes represents Sponsor’s good faith determination of the ARV thereof and cannot be challenged or appealed. In the event the ARV of any Prize (or Prize component) is more than the actual retail value of such Prize (or Prize component), the difference will not be awarded in cash or otherwise. Terms of FTD’s monthly flower gift plan apply. No substitutions
Odds of winning depend on the number of eligible Sweepstakes entries received during the Sweepstakes Period. If a Potential Winner is a resident of a jurisdiction that deems him/her a minor, the applicable Prize will be awarded in the name of his/her parent or legal guardian. If a Winner forfeits a Prize, this forfeiture will serve as complete fulfillment of the obligation by the Sponsor and no additional compensation will be awarded. The 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 a Prize (or Prize component) is permitted, except that Sponsor may substitute a prize of equal or greater value in its sole discretion. All federal, state, local or other taxes are the sole responsibility of each Winner. Each Winner will receive a 1099 from the Sponsor for the total ARV of the applicable Prize (stated herein) that he/she won in the calendar year that he/she won. EACH 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 A 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 A PRIZE. SPONSOR RESERVES THE RIGHT TO VERIFY ELIGIBILITY OF THE 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 Sweepstakes is subject to these Official Rules and all applicable federal, state, provincial, and local laws (collectively “Rules and Laws”). By entering this Sweepstakes, each entrant agrees to waive any right to claim any ambiguity or error in the Official Rules of the Sweepstakes 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 Sweepstakes entrants at Sponsor’s sole discretion. Sponsor may also require (where legal) the Potential Winner’s Mom provide an Affidavit/Release in order to receive the Prize. By accepting a 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 Sweepstakes 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 Sweepstakes entrant, Sponsor, or any other Sweepstakes Entity), and all such entries will be disqualified. If for any reason the Sweepstakes 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 Sweepstakes, Sponsor reserves the right to disqualify any individual it finds who tampers with the entry process, operation of the Sweepstakes or web site, and to cancel, terminate, modify, or suspend the Sweepstakes 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 Sweepstakes. Any person attempting to defraud Sponsor or tamper with the Sweepstakes in any way will be prosecuted to the full extent permitted by law and will not be eligible for a 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 Sweepstakes Entities from any and all liability resulting or arising from use of any entries or participation in the Sweepstakes. Acceptance of a Prize constitutes that Winner’s permission for the Sponsor to use the Winner’s name, photograph, image, likeness, voice, biographical information, statement 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.
- Release From Liability of Sweepstakes Entities:By participating, entrants agree that Sweepstakes 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 Sweepstakes (including, but not limited to, misprinted or typographical errors on the Sweepstakes promotional materials), including participation, acceptance/possession and/or use or misuse, and/or defect of a Prize, even if caused by the negligence of the Sponsor and/or Sweepstakes Entities. Entrants agree to indemnify and hold harmless the Sweepstakes Entities, including without limitation the Sponsor, prize suppliers and their respective parent company, subsidiaries and affiliated companies, 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 Sweepstakes Entities in these Official Rules and for any injuries or death, loss or damage of any kind arising from or in connection with participation in and/or entry into the Sweepstakes or acceptance or use of any Prize or participation in any Sweepstakes-related travel or other activity and for any claims based on publicity rights, defamation, invasion of privacy and merchandise delivery. Entrants also agree that the Sweepstakes 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 Sweepstakes for any reason, or any combination thereof. Entrants further agree that the Sweepstakes 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 Sweepstakes. Sweepstakes 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 Sweepstakes 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 Prizes. 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 Sweepstakes or the Prizes 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 Sweepstakes, 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 Sweepstakes, 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/Names of Winners: For a copy of these Official Rules or the names of the Winners, send a self-addressed, stamped envelope to: FTD®MyMomIs “Rules” or “Names of Winners” (specify which), 3113 Woodcreek Drive, Downers Grove, IL 60515. All requests must be received by May 11, 2015.
2015, FTD, Inc. All rights reserved.