FLOWER BEAUTY and 1-800-FLOWERS.COM®
NO PURCHASE NECESSARY TO ENTER OR WIN THE SWEEPSTAKES (“Sweepstakes”): A purchase does not increase your chances of winning. Entry into this Sweepstakes constitutes your acceptance of these Official Rules. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES, INCLUDING THE DISTRICT OF COLUMBIA, BUT NOT INCLUDING RESIDENTS OF THE STATE OF ARIZONA, WHO ARE 21 YEARS OF AGE OR OLDER AND WHO HAVE OR OPEN A INSTAGRAM OR TWITTER ACCOUNT AS OF THE DATE OF ENTRY. VOID WHERE PROHIBITED BY LAW
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH TWITTER OR INSTAGRAM.
1. Sponsor: The sponsor of this Sweepstakes is Maesa LLC, located at 40 Worth Street, 7th Floor, New York, NY 10013 (”Sponsor”) in collaboration with 800-FLOWERS, Inc., located at One Old Country Road, Carle Place, NY 11514 (“Administrator”).
2. Eligibility: The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia, but not including residents of the State of Arizona, who are at least 21 years old, and who are physically located and reside in the United States or District of Columbia (but not in the State of Arizona) at the time of entry (“Eligible Participant”). Employees, directors and officers, and their immediate families (spouse, parents, children, siblings, and their respective spouses), and their respective household members, of Maesa LLC, 800-Flowers, Inc., Flower Films, ABPR, any of their respective parent companies (if any), affiliates, subsidiaries, and divisions, advertising and promotion agencies, and any and all other companies associated with the design, execution, production, development, and promotion of this Sweepstakes are not eligible to enter. Sweepstakes is subject to all federal, state and local laws. U.S. law governs this Sweepstakes. By entering, you understand that you are providing your information to the Sponsor and not to Instagram® or Twitter. Void where prohibited. The Sweepstakes is subject to all applicable federal, state and local laws and regulations.
3. Sweepstakes Period: The Sweepstakes begins on Wednesday, April 20, 2016 at 10:00AM Eastern Daylight Time (“EDT”) and ends on Wednesday, May 11, 2016 at 11:59 PM EDT (the “Sweepstakes Period”).
4. How to Enter: Two steps to enter, entrants must 1) Follow FLOWER Beauty and 1-800-Flowers.com on either Twitter (twitter.com/1800flowers, twitter.com/flowerbeauty) or Instagram (Instagram.com/1800flowers, Instagram.com/flowerbeauty); and 2) Share a picture via Twitter or Instagram nominating a special mother/mom/mother figure in their life with the campaign hashtags #BestMomEver and #Sweepstakes (collectively an “Entry”).
4.1 General Entry Information: By entering, you understand that the Sponsor and Administrator have the exclusive right to use the Entry and excerpts of the Entry in any advertising and promotional materials (visual, sound, print and/or electronic form), including, but not limited to, posting Entry on their websites, blogs, social media pages and in any form of advertising. By submitting your Entry you grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright and other related rights to the Entry, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity, you hereby hold the Sponsor and Administrator harmless from and against any third party claim arising from use of the Entry and waive any right to inspect or approve uses of the Entry or to be compensated for any such uses. All Entries become the exclusive property of Sponsor and Administrator, and may not be acknowledged or returned. Proof of submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, or misdirected entries, which will be disqualified. Any attempt by any Entrant to obtain additional entries through fraudulent means by any method may void all of that Entrant’s Entries. Use of any automated system to participate is prohibited and will result in disqualification. Entrant indemnifies Maesa LLC and 800-Flowers, Inc. against any and all claims (including, but not limited reasonable attorney fees and other costs) arising from any claim in connection with Maesa LLC’s an 800-Flowers, Inc. use of submitted material or from violation of Section 4 of the Official Rules.”
4.3 Entry Content Restrictions:
a. The Entry must be a picture you took of a special mother/mom/mother figure in your life. You must have the permission of person in the photograph to use the photograph pursuant to Section 4.2 and these Official Rules;
b. Entries must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
c. The Entry must not disparage Sponsor, Administrator or any other person or party affiliated with the Sweepstakes;
d. We are a family friendly companies so each Entry must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous, libelous, or that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
e. Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created.
5. Prize Drawing and Entry Periods: Six winners will be selected and each will receive a prize package detailed in Section 7. Winners will be selected as follows:
- First two winners will be selected on April 27, 2016 from among all eligible Entries received between Noon EDT on 4/20/16 through 11:59 am EDT on 4/26/16
- Second two winners will be selected on May 4, 2016 from among all eligible entries received between Noon EDT on 4/20/16 through 11:59 am EDT 5/3/16
- Third two winners selected on May 12, 2016 from among all eligible entries received between Noon EDT on 4/20/16 through 11:59 am EDT on 5/11/16
Winners will be selected in a random drawings on the dates listed above by a representative of Administrator, whose decisions are final on all matters relating to this Sweepstakes. Odds of winning are dependent upon the number of eligible entries received from the beginning of the Entry Period through the end of each applicable week of the Entry Period listed above. Prizes will be awarded and potential winners will be notified by email associated with their Twitter or Instagram account. Prizes are nontransferable and no cash substitution is allowed except by the Sponsor, who reserves the right to award prizes of equal or greater value if advertised prizes are unavailable. Limit one prize per entrant.
The Winners may be required to verify his/her name, age, email address and mailing address prior to issuance of prize. Selected Entrants may be required to return a declaration of eligibility/liability publicity release which, unless otherwise prohibited by law, must be returned within 5 business days Non-compliance within this time frame for any reason whatsoever, or if any Selected Entrant cannot be reached after a reasonable effort during such 5 business day period has been exerted, or if Selected Entrant is found to be ineligible, or does not comply with these Official Rules or if prize or prize notification is returned as undeliverable may result in the entrant being disqualified and an alternate Selected Entrant will be selected at Administrator’s sole discretion. Prize(s) cannot be substituted, transferred or exchanged for any reason except at the sole discretion of the Sponsor.
6. Odds: Odds of winning will depend upon the number of eligible entries received.
Prizes and Approximate Retail Values (‘ARV”): Six winners will be selected and each will receive a prize package. The prize package consists of: a) the Blush & Bloom bouquet by Drew Barrymore ($54.99 USD); b) FLOWER Beauty HydraSilk Lip Butter in Naked Petal ($7.98 USD) and Lip Radiance Lip Lacquer in Autumn Rose ($7.78 USD); c) Zoom-In Ultimate Mascara ($7.98 USD); d) Endless Wear Eye Color Ultimate Eye Color in Sheer Sands ($7.98 USD), Sheer Buff ($7.98 USD) and Sheer Cinnamon ($7.98 USD); and e) The Holly Pencil Case ($6.98 USD). Total ARV Of each prize package is $109.85 USD)
8. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, 800-Flowers, Inc. and any promotional partners, each of their parent, subsidiary, affiliate, franchisees and related companies, and each of its and their respective officers, directors, employees, and agents (collectively the “Released Parties”) from and against any losses, damages, rights, claim or cause of action of any kind arising, in whole or in part, directly or indirectly, out of participation in the Sweepstakes or resulting directly or indirectly, from acceptance, possession, use, or misuse of any prize awarded in connection with the Sweepstakes, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy. Maesa and 800-Flowers, Inc. require the use of the winner’s name to be used in marketing materials e.g. the microsite, twitter, Facebook, etc., for a period of 12 months following the conclusion of the Sweepstakes.
9. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use of any prize or while traveling to or from any prize-related activity. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims. Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, abbreviate or suspend the Sweepstakes or any portion thereof for any reason without further obligation or advance notice. If the Sweepstakes is not capable of running as planned by Sponsor, notice will be posted on //twitter.com/flowerbeauty. In the event that the Sweepstakes is abbreviated for any reason, the Sponsor reserves the right at its sole discretion, but is under no obligation, to award prizes from among all valid and eligible entries received up to the time of termination. By entering, entrants agree to comply with these rules. Any entrant who attempts to tamper with the Sweepstakes, in Sponsor’s sole discretion, shall be disqualified. In the event of a dispute as to who submitted an entry, the Entry will be deemed submitted by (1) the authorized account holder of the Twitter or Instagram account submitted at the time of entry. “Authorized account holder” means the natural person who is in control of the email address associated with the Twitter or Instagram or commenting account. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES TO THE EXTENT ALLOWED BY LAW) FROM ANY SUCH ENTRANTS TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. If any portion of these rules is determined to be invalid or illegal, the remaining portions of these rules will remain in effect and be construed with their terms as if the invalid or illegal provision were not contained herein.
10. Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the appropriate New York State Court located in New York, New York; (ii) 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 (iii) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
11. Notification: Winners will be contacted directly via direct message on Twitter or Instagram, the account associated with the submission. It is the Entrant’s sole responsibility to contact Sponsor within 7 days to collect the Prize.
12. Winners List: To learn the identity of the winner, send a self-addressed, stamped envelope to: Maesa LLC, 40 Worth Street, Floor 7, New York, NY 10013. Requests received after June 30, 2016 will not be honored.
© 2016 Maesa LLC