1-800-FLOWERS.COM / CardSnacks
Valentine’s Day Sweepstakes
OFFICIAL SWEEPSTAKES RULES AND REGULATIONS
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
2. How To Enter. NO PURCHASE NECESSARY TO ENTER OR WIN.
A. Sweepstakes Period. The “Sweepstakes Period” commences at 12:00 A.M. (Eastern Time Zone) on Monday, February 1, 2021 and ends at 11:59 P.M. (Eastern Time Zone) Wednesday, February 10, 2021. The “Entry Period” begins on 12:00 A.M. (Eastern Time Zone) on Monday, February 1, 2021 and ends at 5:00 P.M. (Eastern Time Zone) Monday, February 10, 2021. Administrator’s computer is the official time-keeping device for this Sweepstakes.
B. Online Entry. To enter, you must be a registered member of CardSnacks. To become a registered member of CardSnacks (registration is free), go to the App Store and search for "CardSnacks" and follow the instructions to become a registered member and create a free account (“Account”). All registrations must include the entrant's name, mobile phone number, and a valid email address. Users may register only once. To submit a valid entry in the CardSnacks Sweepstakes (“Entry”), during the Sweepstakes Period, create an online greeting card and schedule it for delivery on February 14th to any person with a valid phone number or e-mail address (“Recipient”). Users may send as many cards as they like, but each User will only receive one Entry.
C. Postcard Entry. To enter CardSnacks Sweepstakes without becoming a free CardSnacks registered member, mail a postcard with your handwritten name, age, address, phone number and email address to: 1-800-Flowers.com CardSnacks Sweepstakes, C/O Mobigram LLC, PMB #213, 923 Saw Mill River Road, Ardsley, NY 10502. All Entries submitted via postcard must be postmarked during the Sweepstakes Period and received no later than February 10, 2021
D. Please note that normal Internet access and usage charges imposed by your online service provider will apply including, but not limited to, standard text messaging rates, airtime and carrier charges will apply for each text message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. You understand that by participation in this Sweepstakes via mobile phone or text message, if you are a potential Winner, the Company may contact you via mobile phone or text message, which will be subject to the charges pursuant to your carrier's rate plan. It is your sole responsibility to notify the Company in writing if you change your Account.
3. Eligibility. All valid Entries must be received during the Sweepstakes Period. In event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the natural person who is the “authorized account holder” assigned to the Account. Entries by any method other than set forth herein are void. Use of any automated system to enter as determined by Company in its sole judgment is prohibited and will result in disqualification at Company’s sole discretion. If in the opinion of Company, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Sweepstakes, or if any technical difficulties compromise the integrity of this Sweepstakes, Company reserves the right to terminate this Sweepstakes, and award the prize from among all eligible, non-suspect Entries received as of the action requiring such termination.
A. Minors. The Sweepstakes is only open to persons who, upon entering, are lawful permanent residents of the United States and are at least 17 years old or older as of the date of Entry. If you are under the legal age of majority in your State of residence (a “Minor”), you certify that one of your parents or legal guardians must submit a signed, written statement that they have read, understood and agree to these Rules with your Entry, and that such agreement constitutes acceptance of these Rules on behalf of you and themselves.
B. Ineligible Participants. Sweepstakes void in Puerto Rico, U.S. Territories and possessions, outside of the United States, and where prohibited by law (other locations are considered the “Sweepstakes Territory”). The Sweepstakes and any website pages and advertisements relating thereto, are intended for viewing only within the United States. You are not authorized to participate in the Sweepstakes if you are not located within the United States. Employees and agents of Company, and their respective affiliate, subsidiary, and parent companies, and advertising and promotions agencies and their immediate families (spouses, parents, siblings, children and their spouses) are ineligible to enter or win.
C. Invalid Entries. The Sweepstakes Entities are not responsible for Entries from persons residing, or physically located, outside the Sweepstakes Territory, or Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, illegible, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misdirected, multiple, non-delivered, stolen, tampered with, miswritten, unauthorized, unintelligible or otherwise not in compliance with these Rules; or for lost, interrupted or unavailable network, server or other connections; miscommunications; failed phone, computer hardware or software or telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails or text messaging resulting from any form of active or passive filtering; insufficient space in your email, text messaging, or inability to receive push notifications, or any other failure to send or receive Sweepstakes related communications; or other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; even if caused by the negligence of any of the Sweepstakes Entities. Each of such potential Entries will be disqualified. In the event of a dispute regarding the identity of the person submitting the Entry, the Entry will be deemed to be submitted by the person whose name is affiliate with the CardSnacks registered Account. The decisions of the Company are final and binding in all matters relating to this Sweepstakes.
4. Prize. One (1) winner shall receive the grand prize of “flowers for a year” from 1-800-FLOWERS.COM® (“Sponsor”). This prize will take the form of 12 deliveries, one each month on the same date. Bouquet will be the same each month. It will be a delivery of Sponsor’s “One of a Kind Bouquet” which is designed unique by a local florist. Approximate Retail Value ("ARV") of the grand prize is $820.00 USD. Two (2) winners will each receive a one hundred dollar ($100.00) 1-800-FLOWERS.COM ® Gift Card. Up to twenty (20) winners will each receive a twenty five dollar ($25.00) Sponsor Gift Card. No transfer, cash alternative, or substitution permitted, except by Sponsor in its sole discretion. Limit one prize per registered member. If the actual value of the prize is less than the stated ARV, the difference will not be awarded. The Prize is not redeemable for cash or transferable. Company will not replace any lost or stolen prize. The prize cannot be used in conjunction with any other promotion or offer. Arrangements for fulfillment of the prize will be made by Sponsor, and Company bears no responsibility for delivery of the prizes. Delivery or pick up costs of the prize, insurance, registration, taxes, and any fees or costs associated with the prize are the sole responsibility of the potential Winner. Prize is awarded “as is” with no warranty or guarantee, either express or implied. Odds of winning depend upon the number of eligible Entries received by Company.
5. Procedures. At the end of the Entry Period, Company or its designee, whose decisions will be final, will select, at random drawing, winners from all eligible, valid Entries received during the Entry Period.
6. Winners. A potential winner will be notified via a message in the CardSnacks application or an actual CardSnacks card on or about one (1) day after the drawing. Company is not responsible for changes to the potential winner's contact information or any other functionality that may interfere with the potential Winner's notification. To claim the prize, a potential Winner will be required to respond vis instructions given in the message.
A. Winner Disqualification. At the sole discretion of the Company, disqualification, forfeiture and the selection of an alternate potential winner may result from any of the following: (i) potential winner’s failure to respond to notification within five (5) business days after transmission of the notification; (ii) the failure of notification due to deactivation of the potential winner’s Account prior to receipt of notification; (iii) potential winner’s failure to provide Company with satisfactory proof of age, identity and residency; (iv) potential winner’s failure to sign and return the Affidavit within three (3) business days of receipt from Company; (v) any other non-compliance with Rules. In the event of a prize forfeiture, the Company may, in its sole discretion, award or not award the forfeited prize to an alternate potential Winner. The prize for verified winners will be delivered within thirty (30) business days after the date of the drawing unless otherwise noted by the Company during the validation process. All taxes are solely the responsibility of each winner.
B. Winner's Affidavit. A potential winner may be required to present a valid identification (i.e. driver’s license, birth certificate, or valid state ID) to claim the prize. Company is not required to honor other forms of identification or any driver’s license, birth certificate, or state ID that has been altered or otherwise tampered with. The potential Winner will also be required to sign an affidavit of eligibility, a liability release, a publicity release, and any additional documentation, waivers and releases that may be required (individually and collectively, “Affidavit”) and return such Affidavit to Company within three (3) days of receipt from Company of such Affidavit. The Affidavit will require that the potential Winner provide his/her Social Security Number for tax purposes due to potential payments from Company to the potential Winner and will be used solely for such tax purposes. The requirement for a publicity release shall be void where prohibited. Notwithstanding any other term in the Rules, the Affidavit will further provide that by acceptance of the prize, the Potential Winner releases the Sweepstakes Entities from any and all liability for injuries, damages or expenses sustained in connection with the Sweepstakes or with the receipt, ownership or use of the prize.
7. Representations and Warranties. By entering the Sweepstakes and/or accepting any prize you may win, you hereby acknowledge, agree, represent and warrant that: (i) you will be bound by the Rules and the Company’s decisions, which shall be final in all respects; (ii) the Entry becomes solely the Company’s property and will not be acknowledged or returned; (iii) you release and hold harmless the Sweepstakes Entities from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any prize; participation in the Sweepstakes or any Sweepstakes-related activity or travel or from any interaction with, or downloading of, computer Sweepstakes information; (iv) the Sweepstakes Entities do not make any representation, warranty or guarantee, express or implied, relating to the Sweepstakes or prizes; (v) except where prohibited by law (and except in the case of a Minor), a potential Winner's Entry and a Winner's acceptance of any prize constitutes the grant to Company, Sponsor and assigns of a worldwide unconditional right in all forms of media, in perpetuity, without further compensation to use the entrant and Winner's name, address (city and state only), voice, likeness, photograph, biographical and prize information, statements about the promotion and/or live and taped performances of interviews for any programming, publicity, advertising and promotional purposes; (vi) in the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Company’s reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of the Sweepstakes, so that it cannot be conducted as originally planned, Company has the right, in its sole discretion, to modify the Rules or to cancel, modify, terminate or suspend the Sweepstakes; and in such event, to select winners by such method as Company in its sole discretion shall consider equitable; (vii) the Sweepstakes Entities are not responsible for typographical or other errors in the offer or administration of the Sweepstakes, including but not limited to: errors in the advertising, Rules, selection and announcement of the winners and distribution of the prize; (viii) the Sweepstakes Entities are not responsible for any inability of any winner to accept or use any prize (or any portion thereof) for any reason; (ix) Company has the right to modify prize award procedures at its sole discretion; and (x) Sweepstakes Entities are not responsible for any failure of delivery of winner notification.
8. General. Noncompliance with any of these Official Rules may result in disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER OR ANY BEHAVIOR BY A WINNER THAT WILL BRING SUCH WINNER OR SWEEPSTAKES ENTITIES INTO DISREPUTE (IN COMPANY’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED. This Sweepstakes is subject to all applicable federal, state and local laws. All federal, state or other tax liabilities (including income tax and vehicle registration) arising from this Sweepstakes will be the sole responsibility of the Winner. Any person attempting to defraud, deliberately damage any website, or in any way tamper with or undermine the legitimate operation of the Sweepstakes will be ineligible for prizes and may be prosecuted to the full extent of the law.
9. Release. By participating, entrants agree to be bound by these Rules and waive any right to claim ambiguity in the Sweepstakes or these Rules. Winner and entrants also agree to release, discharge, indemnify and hold harmless the Company, Sweepstakes Entities, Sponsor, any Internet access providers, their respective parent companies, affiliates, subsidiaries, advertising and promotion agencies, and all of their agents, officers, directors, shareholders, employees, and agents (collectively “Released Parties”) for any responsibility for incorrect or inaccurate Entry of information, human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software or any combination thereof, inability to access any website or download materials, damage to a user's computer system (hardware & software) due to participation in this Sweepstakes, or late, lost, incomplete, misdirected or mechanically reproduced Entries. Entrants further agree to hold harmless the Released Parties from and against all claims and damages arising in connection with their participation and/or Entry in this Sweepstakes and/or the awarding or use of any prize awarded including, but not limited to, any indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages due to any injuries, damages or losses to any person (including death) or property of any kind as well as damages for business interruption, corruption of files, loss of business information, lost profits, or any other pecuniary loss arising out of an entrant's participation in any Sweepstakes-related activity or participation in this Sweepstakes, even if we have been advised of the possibility of such damages.
10. Limitations of Liability. Notwithstanding any provision herein to the contrary, under no circumstances shall the Released Parties liability to any entrant for any claim or cause of action whatsoever, and regardless of the form of action, whether arising in contract, tort or otherwise, jointly exceed one dollar ($1.00). The foregoing limitations of this provision shall apply to the fullest extent permitted by applicable law. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
12. Jurisdiction/Disputes. Except for matters governed by the Federal laws of the United States of America, this agreement shall be governed by and construed in accordance with, the laws of the State of New York, without reference to choice of law principles, including matters of construction, validity and performance. All disputes under this agreement shall be resolved by litigation in the courts in New York County in the State of New York, and all potential Winners hereby consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.
13. Rules & Winners’ List. For names of Company's Sweepstakes winners (after February 15, 2020) and/or Rules write to Attn: CardSnacks Valentine’s Day Sweepstakes, C/O Mobigram LLC, 923 Saw Mill River Road, #213, Ardsley, NY 10502. This Sweepstakes shall be governed by the laws of state of New York in the United States of America and is subject to all applicable federal, state and local laws. Void where prohibited by law. Washington and Vermont residents may omit return postage when requesting the Winners list.
14. Company. Mobigram LLC, 923 Saw Mill River Road, #213, Ardsley, NY 10502, is solely responsible for all aspects of this Sweepstakes.