The 1800 Flowers WOW HER Sweepstakes
On ESPN Radio
To enter and participate in this Sweepstakes, you must agree to and abide by these Official Rules.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. You must have Internet access and an active e-mail account and Twitter account to participate.
This promotion is in no way sponsored, endorsed or administered by, or associated with Twitter.
1. Eligibility: The 1800Flowers WOW HER Sweepstakes (the "Sweepstakes") is open only to legal residents of the 50 United States and Washington D.C., who are at least 18 years of age (or the age of majority in the jurisdiction of their residence, whichever is older) and who have an active e-mail account, Twitter account and Internet access as of 1/19/15. Employees of ESPN Radio, ABC Radio Networks Assets LLC, (the "Sponsor/Administrator"), 800-Flowers, Inc. (the "Presenter"), or any organizations responsible for sponsoring, fulfilling, administering the Sweepstakes or supplying the prizes, and each of their respective parent, subsidiary, related and affiliated companies, (collectively, the "Promotion Entities"), and the immediate family and household members of all such foregoing individuals, are not eligible to enter or win. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three (3) months a year, whether related or not. Potential winner may be required to provide proof of eligibility prior to prize award. Void where prohibited or restricted by law.
2. Sweepstakes Entry: The Sweepstakes begins on or about 6:00:00 a.m. ET on January 19, 2015 and ends at 11:59 p.m. ET on February 13, 2015 ("Promotion Period"). Administrator's computer is the official clock for the Sweepstakes.
Entrants may enter during the Promotion Period via Twitter as follows:
(i) Follow at least one of the following three (3) ESPN Radio shows on Twitter by following @MikeandMike, @TheHerd or @SVPandRussillo; and
(ii) Retweet a "Tweet" issued by one of those shows at various times during each week, referencing 1800 Flowers and directing Twitter followers to retweet for the chance to win.
(iii) Retweets must be received by 11:59 p.m. ET of the day in which the show first issued the original Tweet.
If you do not have a Twitter account, you can visit http://twitter.com and create a Twitter account according to the instructions on the website. Creating a Twitter account is free. Please note that you must agree to comply with the Twitter Terms of Service in order to create a Twitter account. BY RETWEETING THE SHOW'S TWEET THAT INCLUDES THE DIRECTION TO RETWEET FOR A CHANCE TO WIN, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND FULLY AGREE TO THESE OFFICIAL RULES. DO NOT RETWEET WITHOUT FIRST REVIEWING THESE OFFICIAL RULES.
LIMIT ONE (1) ENTRY PER PERSON PER SHOW TWEET DURING THE PROMOTION PERIOD, REGARDLESS OF THE NUMBER OF TWITTER ACCOUNTS A PERSON MAY HAVE.
Partial or incomplete/piecemeal submissions will NOT BE ACCEPTED.
Retweets must be created for the sole purpose of this Sweepstakes and must be posted by the entrant. To be eligible for the Sweepstakes, Retweets must be submitted in compliance with the format and other requirements set forth by Twitter.
Entries must be manually key-stroked by the Entrant; use of automated entry devices or programs, or entries by third parties by any method of entry, are prohibited. Entries that do not conform to or that violate these Official Rules or are submitted in any manner other than stated in these Official Rules will be disqualified. Sponsor and Administrator will not be responsible for late, lost, incomplete or misdirected entries. Proof of submission of Entry does not constitute proof of receipt of same. All Entries must be submitted via "retweet" on Twitter in their entirety prior to expiration of the Promotion Period. By entering this Sweepstakes, Entrants agree to these Official Rules and the decisions of the Administrator and Sponsor, which are binding and final in all matters relating to this Sweepstakes.
You may only use one (1) Twitter account to participate in the Sweepstakes. All Tweets must comply with the Twitter Terms of Service and Twitter Rules available at the Twitter Website. Important note: If your Twitter account is set to "protected mode," or "private," your Entry may not be viewable by Sponsor/Administrator, and thus, it is recommended that your Twitter account is set to "public" in order to enter.
If you opt to access Twitter via your wireless mobile device, data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Mobile device service may not be available in all areas. Check your phone's capabilities for specific instructions.
If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor's control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Sweepstakes. In such event, Sponsor reserves the right to conduct the Sweepstakes and award the prizes by means of a random drawing comprised of all eligible entries received prior to and/or after (as appropriate) the action taken by Sponsor or otherwise award the prize for such affected drawing in a manner which is fair, appropriate and consistent with these Official Rules, as determined by Sponsor in its sole discretion. Notice of termination/modification/suspension of Sweepstakes will be posted to each Show's Twitter account. Without limitation of any other term here, Sponsor and its agencies are not responsible for failed, partial or garbled computer transmissions, technical failures of any kind (including but not limited to electronic malfunction or damage of any network, hardware or software), any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant's or any other person's computer related to or resulting from participation in this Sweepstakes.
Entrants further agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
3. Content Guidelines: In addition to complying with all other requirements of these Official Rules and Twitter, each Entry must not contain any content that is profane, obscene, disparaging or is otherwise inappropriate, objectionable, or unsuitable for the uses contemplated in these Official Rules, as determined by Sponsor in its sole discretion.
If an Entry cannot be viewed and/or accessed by Sponsor or Administrator for any reason, such Entry shall be disqualified without any fault or liability of the Released Parties, as defined below.
4. Random Drawing/Selection of Winners/Notification of Winners: During the week of February 9-13 only, all Retweets to the Tweets issued by the three participating ESPN Radio shows will be placed in one pool for a Grand Prize drawing. All other potential prize winners will be selected via a random drawing each day that a Tweet is issued by the individual shows referenced above from among all eligible entries received by 11:59 p.m. ET that day. Drawing will be conducted by Sponsor/Administrator, whose decisions are final and binding on all matters related to the Sweepstakes. Each potential winner will be notified by direct message from the ESPN Radio show account that he/she follows on Twitter (i.e., @MikeandMike, @TheHerd or @SVPandRussillo). The message will request that the potential winner email the Administrator at the specified email address with specific personal information (e.g., full name, address, phone number, email address, date of birth, Twitter username). Failure to respond to the initial verification notice within seventy-two (72) hours after notification or return of email notification as undeliverable after two (2) attempts will result in disqualification. Potential winner may be required to sign and return, within two (2) business days, an Affidavit of Eligibility, Release and Indemnification, and a Publicity Release where allowed by law (collectively, "Winner Documents"). If the Winner Documents are not returned to Sponsor within specified time period (if applicable), potential winner may be disqualified. If potential winner is disqualified, or if prize is returned as undeliverable prize will be awarded to an alternate winner selected from all remaining non-winning eligible entries received during that day's entries. In the event of any dispute concerning the identity of any Entrant, the Entry will be deemed submitted by the natural person who is the authorized holder of the transmitting email account associated with the Twitter account used to participate in the Promotion. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
5. Prizes, Approximate Retail Value ("ARV") and Odds:
Grand Prize (1): One winner drawn from entrants during the week of February 9, 2014 will receive American Express gift cards totaling $1,000. Approximate Retail Value of Grand Prize: $1,000
Per-Tweet Prizes (54): Three (3) prizes will be awarded for each tweet from each show during the promotional period, for a total of fifty-four (54) prizes. Each prize consists of a 1800 Flowers gift card valued at $50.
ARV of all prizes: $3,700.00
Odds of winning a Grand Prize depend on total number of eligible entries received during the Promotion Period. Winners are not entitled to exchange or transfer prize or to obtain cash or other substitutes in whole or in part and Sponsor reserves the right to substitute prize component(s) of equal or greater value if any prize component listed is unavailable for any reason. Prize will only be delivered to address within the United States. Federal, state and local taxes (if any) are the sole responsibility of winners. Limit of one (1) prize per person/family/household.
SPONSOR MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE COMPONENT, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. Conditions and Limitations of Liability: By participating, each entrant agrees: (a) to be bound by these Official Rules and the decisions of Sponsor, which shall be final in all respects; and (b) to release, discharge and hold harmless the Promotion Entities, Twitter, Inc., each of their respective advertising and promotion agencies and prize suppliers, each of the foregoing entities' respective parent, subsidiary, related, affiliated and successor companies, and each of their respective officers, directors, agents, representatives and employees (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage, including, without limitation, death and bodily injury, arising in any manner, directly or indirectly, in whole or in part, from participation in this Sweepstakes or any Sweepstakes-related activity, and/or from entrant's acceptance, receipt, use or misuse of any prize or component thereof (including without limitation, any failure to pay taxes thereon).
By accepting a prize, winners grant Sponsor and its designees permission to use his/her name, voice, likeness, photograph, prize information, biographical data and city and state of residence on a winners' list (if applicable) and for programming, publicity and promotional purposes, worldwide in all forms of media now known or hereafter developed, in perpetuity, without further compensation unless prohibited by law. Sponsor and its designees are not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor's sole discretion, without further obligation or compensation. Sweepstakes subject to the laws of the United States only. All federal, state and local laws and regulations apply. All entries become the property of Sponsor and will not be acknowledged.
7. Disputes; Arbitration/Choice Of Law: Except where prohibited, entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, or the determination of the winner, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective; (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 waive 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine of New York or any other jurisdiction, and all proceedings shall take place in the City of New York, County of New York.
8. Sponsor/Administrator: ESPN Radio, ABC Radio Networks Assets LLC, 77 West 66th Street, New York, NY 10023
9. Winner's List: For the list of Winners, mail a self-addressed, stamped envelope to: 1800 Flowers WOW Her Sweepstakes Winners, c/o ESPN Audio, 77 West 66th Street, New York, NY 10023. All such requests must be received by June 30, 2015.