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Edible Arrangements® College Basketball Madness Contest Rules
Contest Name: Edible Arrangements College Basketball Madness (“Contest”)
Sponsor: Edible Arrangements International, LLC (“Sponsor”)
Sponsor Address: 95 Barnes Road, Wallingford, CT 06492
Telephone: (203) 774-8000
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE ODDS OF WINNING.
Contest is open only to individuals who are legal residents of the United States, Puerto Rico, and the District of Columbia who have reached the age of majority in their state of residence at the time of entry (Entrants). Contest is void where prohibited. Odds of winning depend upon the number of eligible entries received during the Contest Period.
Description of Contest/Participation.
- Date of Contest: Contest entries will be accepted between 8:00pm EDT on March 15, 2015 through 12:00 p.m. EDT on March 19, 2015 (the “Contest Entry Period”). The Contest will run from March 15, 2015 and will continue until April 7, 2015 when the winner is announced (“Contest Period”).
- How to Enter: At 8:00pm EDT on March 15, 2015, Sponsor will Tweet and post on Sponsor’s Facebook page a request for participants to join the Edible Arrangements® College Basketball Madness pool by creating a bracket through Yahoo! Sports Tourney Pick’em™ game. To participate you must create a fully completed bracket based upon the teams you predict will win each game.
To enter the contest, you must:
- have a Facebook, Twitter and Yahoo! account,
- “like” and/or “follow” Sponsor’s official Facebook (www.facebook.com/ediblearrangements), Twitter (@edible) (@ediblearrangements) during the Contest Period,
- Within the Contest Entry Period, you must create a bracket in the Edible Arrangements® pool pursuant to the Yahoo! Sports Tourney Pick’em™ rules. A link to the Edible Arrangements pool will be provided in the post or tweet and you can create your bracket through your Yahoo! account.
You will need to create a Facebook, Twitter and Yahoo! account if you don’t already have one. Membership on each platform is free. Registration for Facebook can be obtained by logging on to https://facebook.com; registration for Twitter can be obtained by logging on to https://twitter.com, and registration for Yahoo! by logging on to https://login.yahoo.com.
If your Facebook and Twitter account is set to “protected mode,” your updates/responses may not be visible in Sponsor’s inbox and therefore may not be received by Sponsor unless you previously consented to permit Sponsor to see your updates.
Every participant of this Contest is subject to the rules of Yahoo! Sports’ Tourney Pick’em™ rules which can be accessed at https://help.yahoo.com/kb/tourney-pickem/learn-play-tourney-pick%E2%80%99em-sln22788.html?impressions=true
Valid contest entries must contain a fully completed bracket and all other information requested, and not contain any prohibited or unauthorized material, and received by Sponsor by 12:00p.m. EDT on March 19, 2015. Entrant represents warrants and covenants that the Entrant’s use of names, addresses, email addresses, or circumstances and all other information is used with full permission, is true, and does not violate any copyrighted material or third party trademarks or intellectual property. No obscene, offensive, illegal, unlawful, defamatory, derogatory, discriminatory, inflammatory, insulting, or otherwise inappropriate entry, in Sponsor’s sole discretion, is eligible for entry and will not be considered; including, but not limited to, crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behavior or conduct (including but not limited to the use of alcohol or drugs); personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic). Bracket names must be appropriate or the participant’s entry will be voided.
There is a limit of one (1) entry per person. Duplicate entries and/or incomplete entries will be disqualified. Anyone found to be using multiple Facebook, Twitter or Yahoo! accounts to enter will be ineligible to participate in the Contest. Use of any device to automate entry is prohibited.
Entrants are subject to Terms of Service and Rules of Facebook, Twitter and Yahoo!, found at their respective Web Sites. The deadline for creation of entrant’s bracket is 12:00 pm EDT on March 19, 2015, and subject to the rules of Yahoo! Sports Tourney Pick’em™ deadlines, which can be found at https://help.yahoo.com/kb/tourney-pickem/deadlines-tourney-pickem-sln6664.html?impressions=true
All entries become the property of Sponsor and will not be acknowledged or returned. Sponsor is not responsible for entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. Sponsor is not responsible for lost, late, illegible, misdirected, or incomplete entries.
In the event of a dispute over who submitted a winning online entry, the authorized subscriber of the Facebook/Twitter/Yahoo! account used to participate in the Contest at the actual time of entry will be deemed to be the Entrant. The authorized account subscriber is defined as the natural person who is assigned a Facebook/Twitter/Yahoo! account by Facebook/Twitter/Yahoo!
- Prize(s). One (1) winner will receive an All-Star Basketball Celebration™ arrangement size large with a retail value of $107.56 (US) (values include item cost, shipping, plus delivery and applicable sales taxes). The Prize is awarded if properly claimed according to these Rules and if there are sufficient eligible entries. All other costs and expenses related to Prize acceptance and use not specified herein as being provided are the sole responsibility of winner. If the winner is disqualified or ineligible, Sponsor may at its discretion determine an alternate winner or decline to award the Prize.The valuation of the Prizes stated above is based on information available to Sponsor at the beginning of the Contest Period. The value of any Prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes and expenses related to the Prize which is not specifically provided for in these Rules.
Prize is not transferable, redeemable for cash or exchangeable for another Prize, coupon or voucher except in Sponsor’s sole discretion.
Sponsor reserves the right to substitute a Prize, in whole or in part, with another prize of equal or greater value or alternatively, may substitute such Prize with a comparable prize at the Sponsor’s discretion (including without limitation shipment of a gift box of Dipped Fruit™), if for any reason a Prize should become unavailable, cannot be picked up by the winner, or if the recipient is not within a delivery range of Sponsor’s franchises.
- Winner Selection: The entrant with the highest score based upon Yahoo! Sports’ Tourney Pick’em™ scoring system will be named the winner of the Contest. In the event there are more than one entrant with the same “highest” score, Sponsor will randomly select one (1) winning entry from all tied “winning” scores. The winner will be notified via a personal post from Sponsor on the social media platform used by the winner to submit the entry (the “Notification”), which Notification will contain instructions to email Sponsor to claim the Prize. Notification is deemed to have occurred immediately upon sending of the communication by Sponsor. The winner must respond to the Notification with his or her email address by no later 12:00 p.m. EDT on Wednesday April 15, 2015, to be eligible for the Prize, and Sponsor will then send the winner instructions and forms to be completed to claim the Prize. The winner must be available to have his or her Prize delivered or picked up by April 30, 2015. If the winner is not available to accept delivery or pick up his or her Prize by the specified date, such winner may be disqualified and Sponsor reserves the right to choose an alternative Prize winner. The winner must provide eligibility information prior to being awarded the Prize. If a winner does not respond to Sponsor’s contact attempts for Prize awarding, or if a winner otherwise fails to comply with these Rules, Sponsor reserves the right to determine an alternate winner or not to award that winner’s Prize, in its sole discretion. All Prizes are awarded “as is” and without any warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose), and all such warranties are hereby disclaimed. Sponsor is not responsible for an Entrant’s change of email address. Sponsor is not obligated to telephone winner, leave a voice mail, answering machine or other message. Sponsor is not responsible for and not liable for late, misdirected or unsuccessful efforts to notify a qualifier or potential winners or deliver the Prize, or if the potential winner does not claim the Prize within the appropriate time given upon notification. All decisions of Sponsor are final. By participating in the Contest, Entrant agrees to be bound by these Rules; that the decisions of Sponsor are final on all matters relating to the Contest; that Entrant is not entering on behalf of anyone else; and in the event that Entrant does not comply with these Rules, then Entrant will be disqualified.
- Eligibility and Limitations. The potential Prize winner may in Sponsor’s sole discretion be required to sign and return a declaration of eligibility and any other forms necessary to verify eligibility, along with any other information and releases within forty eight (48) hours after the first delivery attempt to Entrant’s e-mail address in order to receive the Prize, unless otherwise stated herein or at the time of notification. The potential Prize winner’s failure to follow all instructions and complete and return all required forms within this time period may result in disqualification and an alternate winner may be selected in Sponsor’s sole discretion. Employees of Sponsor and its affiliates, or an Edible Arrangements® franchisee, their respective immediate family members, and members of their households are not eligible to participate or win.
- Tampering and Delivery Disclaimer. Sponsor, in its sole discretion, reserves the right to disqualify and prohibit any person from participating in the Contest if Sponsor determines (in its sole discretion) that the person is or is attempting to: (i) tamper with Sponsor’s social media page and/or any part of the Contest; (ii) undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices, (iii) annoy, abuse, threaten or harass any one; and/or (iv) otherwise violate these Rules. Sponsor reserves the right to seek damages and any other available remedies from any such person(s) responsible for any such attempt to the fullest extent permitted by law. Each Entrant agrees to indemnify, defend, and hold harmless Sponsor, Facebook, Twitter, Yahoo!, any Edible Arrangements® franchisee (and their respective employees, agents, officers, directors, employees, agents, licensees, associates and affiliates from and against any and all claims, losses, damages and/or liabilities (including reasonable attorneys’ fees and expenses) that may be asserted against or incurred by any of them at any time, in connection with the Entry and/or by Entrant’s or the recipient’s breaches of any representation, warranty or covenants associated with this contest. In the event of termination of the Contest by Sponsor, Sponsor reserves the right to award any Prize(s) in a manner deemed fair and equitable by Sponsor. In no event will the type and quantity of Prizes awarded exceed the number or value of Prize described in these Rules.
- Publicity; Use of Personal Information. By participating, where allowed by law, Entrants grant Sponsor permission to use their names, characters, photographs, entries, voices, and likenesses in connection with promotion of this and other contests and waive any claims to royalty, right, or remuneration for such use. By participating in the Contest, where allowed by law, Entrants agree that Sponsor may use such information for marketing purposes, and may include the names of winners in a publicly available winners’ list.
- Releases and Conditions. By participating in the Contest or accepting a Prize, each Entrant and winner waives and unconditionally releases any and all claims of liability against Sponsor, each Edible Arrangements® Franchisee, Facebook, Twitter, Yahoo!, and their respective employees, agents, officers, directors, employees, agents, licensees, associates, and affiliates for any injury, loss or damage which may occur from the conduct of, or participation in, the Contest, or from the Prize receipt and/or use or misuse of any Prize, including any travel related thereto. Winner agrees to allow Sponsor to use Winner’s names, voices, photographs, likenesses, biographical material, in any advertising or broadcasting material relating to this contest, without additional financial or other compensation, and where allowed by law, sign a publicity release confirming such consent prior to acceptance of the Prize. Sponsor is not responsible or liable to any Entrant or winner or any person claiming through such Entrant or winner for failure to supply the Prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Sponsor’s sole control. All taxes (other than the state sales tax associated with the Prize, if any), related fees, other costs and expenses related to Prize acceptance and use not specified herein as being provided are the sole responsibility of Prize winner. Sponsor has no further obligation to winner. This promotion is in no way sponsored, endorsed or administered by, or associated with; Facebook, Twitter or Yahoo! Entrant affirmatively releases Yahoo!, Facebook, and Twitter from any and all claims related to the promotion. Entrant is providing entry information to Sponsor and not Facebook, Twitter or Yahoo!
- Miscellaneous. Void outside of the United States, the District of Columbia, and Puerto Rico. Void in Canada. Void wherever prohibited or restricted by law. For a copy of these Rules, or where required by law, a list of winners, send a letter request by US Mail to Sponsor. As a condition of participating in the Contest, Entrants agree (and agree to confirm in writing): (a) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this Contest or any Prize awarded shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. Participation in the Contest constitutes Entrant’s full and unconditional agreement to, and acceptance of these Rules. Winning a Prize is contingent upon Entrant’s fulfillment of all requirements set forth herein. The conduct of the Contest is governed by the laws of the United States of America (as applicable to the resident), which take precedence over any rule to the contrary herein. Any questions, comments or complaints regarding the Contest must be directed to Sponsor. Entrant acknowledges and understands that any information provided will be used for administering the Contest and as otherwise described in these Rules. EDIBLE®, EDIBLE ARRANGEMENTS® and other marks noted are registered trademarks of Edible Arrangements, LLC. All third party marks are the property of their respective owners. ©2015 Edible Arrangements, LLC. All rights reserved.