The Perfect Gift Sweepstakes
NO PURCHASE OR REVIEW NECESSARY. Sweepstakes ends 11/14/16 at 11:59 p.m. ET. Open only to legal residents of the 50 U.S. & DC, 18 or older. For Official Rules, including alternate method of entry, which govern, go to www.Fresh.com. Void where prohibited. Sponsor: Fresh Inc.
“The Perfect Gift” Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN.
ELIGIBILITY: 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 at time of entry. Employees, officers and directors of Sponsor, its parent, subsidiaries, and affiliated companies, advertising, promotion, or production agencies, and web masters/suppliers (collectively, the “Sweepstakes Entities”), and each of their immediate family members (spouse, parents, children, siblings and their respective spouses, regardless of where they reside) and/or individuals residing in the same household of each (whether or not related), are not eligible to participate. Void where prohibited by law.
HOW TO ENTER: During the Sweepstakes Period, there are two (2) ways to enter. 1) Review Submission: Visit www.fresh.com and follow the directions to provide a product review that includes the phrase “The Perfect Gift” (“Review”). (Please note that your review will be badged as a sweepstakes entry.) Limit one (1) Review per person per product. In order to submit a Review, you must have an account on fresh.com. Creating an account is free.
Each Review must meet the following “Review Requirements” (any Review that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified):
- Review must accurately represent your current honest opinions, findings, beliefs or experiences about/with the product;
- Reviews must contain the phrase “The Perfect Gift”;
- Reviews must NOT contain material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or material that contains any derogatory references to any Sweepstakes Entities;
- Reviews must not contain or transmit any materials that contain software viruses or other computer code, files or programs designed to impair, limit, interfere with or cause harm to any communications network operated by any of the Sweepstakes Entities or the computers of any individual or entity participating in or otherwise associated with the Sweepstakes;
- Reviews must be entirely original to the entrant and must NOT include mention or performance of any copyrighted media production, films, music, books, television programming, etc., or identifying descriptions of any media property;
- Reviews must NOT have been previously submitted to another sweepstakes, as determined in the Sweepstakes Entities’ sole discretion;
- Reviews must NOT contain reference to third party trademarks, logos, insignia, location signage, photographs, or artwork, or sculpture, except for those belonging to Sponsor, nor the names or likenesses of other individuals without their written consent; and
- Reviews must comply with the Sponsor’s Terms and Conditions located at https://www.fresh.com/content/termsandconditions.
Or, 2) Mail-In Entry: To enter without providing a Review, handprint your name, complete address, telephone number and email address on a postcard or piece of paper and mail it in an envelope with proper postage affixed to:130 5th Avenue, 10th Floor, New York, NY 10011. Mail-in entries must be postmarked by November 14, 2016 and received by November 22, 2016 to be eligible. Limit one (1) entry per stamped outer envelope. Mechanical reproductions will not be accepted.
You can enter as often as you wish; however, you can only submit a Review for a particular product one (1) time, and each Review must be substantially different from any other Review submitted by you. No automated entry devices and/or programs permitted. Entries generated by a script, macro or other automated means or by any means that subvert the entry process will be disqualified. Entrants must provide all information requested to be eligible. Incomplete, unreadable, or unintelligible entries will be disqualified. Entries will not be returned or acknowledged by the Sponsor.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each person who enters this Sweepstakes via a Review represents and warrants as follows: (i) the Review is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Review accurately represents his/her current honest opinions, findings, beliefs or experiences about/with the product; (iii) the Review does not contain any computer virus, is otherwise uncorrupted, is wholly original with entrant; (iv) the Review is not the subject of any actual or threatened litigation or claim; (v) the Review does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; and (vi) the Review does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Sweepstakes Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all claims, damages, injuries, death, liabilities, losses, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
PUBLICITY RELEASE: By participating in the Sweepstakes, each entrant irrevocably grants the Sweepstakes Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, and biographical information, in any manner, in any and all media now or hereafter devised, for any purpose, including without limitation, advertising and/or promotional purposes as well as in, on or in connection with the Sweepstakes or other promotions, without additional permission from, notification or compensation to, entrant. Entrant hereby releases the Sweepstakes Entities from any liability with respect thereto.
WINNER SELECTION/NOTIFICATION: Potential winner will be randomly selected on or about November 24, 2016 from all eligible entries received for the Sweepstakes Period. Odds of winning depend on the number of eligible entries received. Potential winner will be contacted by telephone, email and/or mail. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by potential winner for any reason. If potential winner does not respond within the time required by Sponsor, or if the winner notification is returned as unclaimed or undeliverable to the potential winner, such potential winner will forfeit his or her prize and, at Sponsor’s discretion, an alternate winner may be selected. If potential winner is found to be ineligible or if he or she has not complied with these Official Rules or declines the prize for any reason, potential winner will be disqualified and, at Sponsor’s discretion, the prize may be awarded to an alternate winner.
PRIZE: $500 Fresh.com credit. Credit will be redeemed through a Customer Service representative. Credit is a one-time use credit and must be redeemed by 12/14/16. If, after winner’s order, there is any remaining balance, it will be forfeited. Approximate Retail Value (“ARV”): $500. Prize is awarded “as is” with no warranty or guarantee, either express or implied. Prize is non-transferable and no substitution or cash equivalent will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute prize for one of comparable or greater value, in its sole discretion. Winner is responsible for all taxes and fees associated with prize receipt and/or use. All prize details are at Sponsor’s sole discretion.
GENERAL PRIZE CONDITIONS: Potential winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”) within five (5) business days of prize notification (or a shorter time if required by exigencies) or potential winner may be disqualified and, at Sponsor’s discretion, an alternate winner may be selected.
GENERAL: Entrants agree that the Sweepstakes Entities (a) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession, travel related to and/or use, misuse and/or defect of prize, and (b) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sweepstakes Entities assume no responsibility for any damage to an entrant’s computer system which is occasioned by accessing the website or participating in the Sweepstakes, or for late, incomplete, inaccurate, stolen, misdirected, undelivered or garbled entries or postage-due mail; or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prize or in any Sweepstakes-related materials. Without limiting the generality of the foregoing, Sweepstakes Entities are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the Sweepstakes application, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages (including attorneys’ fees) and other remedies from any such person to the fullest extent permitted by law. In the event Sponsor is prevented from awarding the prize or continuing with the Sweepstakes as contemplated herein, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated for any reason before the designated end date, Sponsor will (if possible) select the winner from all eligible, non-suspect entries received as of the date of the event giving rise to the termination or as otherwise deemed fair and appropriate by Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD RESULT IN THE APPLICATION OF ANY OTHER STATE’S LAWS.
WINNER’S NAME: To obtain a copy of any legally-required winners’ list (available after November 25, 2016), send a self-addressed stamped envelope to: “The Perfect Gift for….” Sweepstakes Winner, c/o Fresh, 130 5th Avenue, 10th Floor, New York, NY 10011. All such requests must be received by December 21, 2016.