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Proflowers Instant Win Sweepstakes

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATION. THIS SWEEPSTAKES IS OFFERED ONLY IN THE 50 STATES OF THE U.S. (EXCLUDING RHODE ISLAND) AND WASHINGTON, D.C., AND IS INTENDED FOR PARTICIPATION IN THOSE AREAS ONLY. Subject to all federal, state, regional, provincial, and local laws, regulations, and ordinances. Sweepstakes begins on December 8, 2022 at 12:00:01 a.m. Central Standard Time (“CST”) and ends on December 31, 2022 at 11:59:59 p.m. CST or when 25,000 entries have been received, whichever occurs earlier (the “Sweepstakes Period”). Sponsor FTD, LLC’s computer is the official time keeping device for this Sweepstakes. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK OR INSTAGRAM.

Sponsor: FTD, LLC, 3113 Woodcreek Drive, Downers Grove, Illinois 60515 (“Sponsor”).

Eligibility: The Sweepstakes is open only to permanent legal residents of the 50 United States (excluding Rhode Island) and Washington, D.C. who are physically located and residing therein and who warrant and represent that they meet all of the following requirements as of the time their entry into the Sweepstakes is deemed complete: (a) they are 18 years of age or older and at least the age of majority in their state/province of residence; (b) they have Internet access; (c) they possess a social security number, or federal tax identification number issued by the appropriate government agency at time of entry; and (d) they have carefully read and reviewed prior to agreeing to, and agreed to as instructed, the Sweepstakes Official Rules. Employees of Sponsor and those involved in the development, handling, production, implementation and distribution of the Sweepstakes, and their advertising or promotion agencies, parent companies, agents, officers, employees, licensees, subsidiaries or affiliates, service providers, prize suppliers, or any other persons/entities directly associated with the Sweepstakes (collectively “Sweepstakes Entities”) and/or members of their immediate families and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Sweepstakes. Participation constitutes participant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes and which Sponsor may decide in its sole discretion. Winning a prize is contingent upon fulfilling all requirements set forth herein.

3. How to Enter: Each entrant must enter by visiting https://pickagift.proflowers.com/ and providing/answering the following:

First and last name, email address and zip code.
If you win, will you gift yourself or send a gift to someone else?
If you win, what type of gift will you pick?
How much do you typically spend on a gift?

EACH ENTRANT MAY SUBMIT UP TO ONE (1) ENTRY DURING THE SWEEPSTAKES PERIOD. NO ADDITIONAL ENTRIES WILL BE ACCEPTED. Valid entries must be submitted via the online method as described above. All entries must be received during the Sweepstakes Period. Any attempt by an entrant to obtain more than the allowable entries by using multiple/different accounts, identities or any other online methods will void all of that entrant’s entries.

Please note: By entering this Sweepstakes, you signify and agree that your entry and any other materials submitted in connection with this Sweepstakes may be posted on Sponsor’s website and/or other social media sites or applications associated with the Sweepstakes in a manner that is consistent with these Official Rules. Upon submission of entry in this Sweepstakes, you agree that Sponsor may contact you via social media, including by tagging you, posting to your social media page or naming you on Sponsor’s social media page. You must provide all required information to be eligible to enter and win.

By entering, entrants agree to comply with these Official Rules including all eligibility requirements. Sponsor reserves the right to verify eligibility of all entrants. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Sponsor and Sweepstakes Entities are not responsible for lost, late, or misdirected entries, for technical, hardware or software failures of any kind, for lost or unavailable network connections, or for failed, incomplete, garbled or delayed computer transmissions or any human error which may occur in the receipt or processing of the entries. Proof of entering information at website does not constitute proof of delivery or receipt. Sponsor reserves the right to modify the scheduling of the Sweepstakes without prior notification. Use of computer programs, macro, programmed, robotic, automatic and other similar means to enter the Sweepstakes is prohibited and may result in the disqualification of entries and/or the entrant. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the person in whose name the e-mail account is registered on the date the entry is submitted. All entries become the sole property of Sponsor and will not be acknowledged or returned.

Winner Selection, Notification and Odds: Once you provide your entry information and agree to accept these Official Rules, you will be immediately notified onscreen as to whether you won one of the Instant Win Prizes below, subject to Sponsor’s right to verify your eligibility. The winner of the Grand Prize will be notified by email on or about January 2, 2023 and must respond within forty-eight (48) hours to claim the prize. All Prize winners will be determined at random. Odds of winning a prize start at 1,250 to 1. Only 25,000 entries will be accepted. In the event that the potential winner does not comply with these Official Rules or is otherwise disqualified for any reason, Sponsor may award the prize, at its sole discretion, to an alternate potential winner selected at random from among the other eligible entrants. The potential winner who receives the prize is known as the winner (“Winner”).

Verification of Potential Winner: THE POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED AND PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.

Each entrant who is not a Winner will receive a discount code as follows: (a) approximately eighty percent (80%) of entrants will receive a twenty percent (20%) discount code; and (b) approximately twenty percent (20%) of entrants will receive a twenty-five percent (25%) discount code. Both codes will be valid for purchases of products at proflowers.com for at least thirty (30) days from issuance. Discounts shall not apply to (i) product customizations, including vases or product add-ons, (ii) Proflowers loyalty program fees, (iii) special collections, (iv) other fees such as service, delivery or shipping fees, care and handling fees, and applicable taxes, and (v) purchases of alcohol. Discounts may not be combined with other offers.

Prizes. The following instant win prizes will be awarded throughout the Sweepstakes Period:

Grand Prize: One (1) entrant will receive a $1,200 Proflowers gift certificate (expires December 31, 2023)

Instant Win Prizes:

Ten (10) entrants will each receive a $100 Proflowers certificate (expires December 31, 2023)
Twenty (20) entrants will each receive a $25 Proflowers gift certificate (expires December 31, 2023)

Total Approximate Retail Value (“ARV”) of all prizes (collectively, the “Prize”) is Two Thousand Seven Hundred Dollars ($2,700.00). The value of the Prize represents Sponsor’s good faith determination of the ARV thereof and cannot be challenged or appealed. In the event the ARV of the Prize is more than the actual retail value of the Prize, the difference will not be awarded in cash or otherwise.

If a Winner forfeits the Prize, such forfeiture will serve as complete fulfillment of any obligation by Sponsor under these Official Rules, and no additional compensation will be awarded to the Winner. The Winner is solely responsible for all costs, incidentals, and any other expenses not specifically mentioned as being included. No substitution, transfer, or cash equivalent for the Prize is permitted. All federal, state, local or other taxes are the sole responsibility of the Winner. The Winner will receive an IRS Form 1099-MISC from Sponsor for the total ARV of the Prize (stated herein). THE PRIZE IS AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSES). ACCEPTANCE, PARTICIPATION IN AND/OR USE OF THE PRIZE IS AT THE WINNER’S SOLE RISK, AND SPONSOR IS NOT RESPONSIBLE FOR DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE AND/OR MISUSE OF THE PRIZE. SPONSOR RESERVES THE RIGHT TO VERIFY ELIGIBILITY OF THE WINNER. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions.

SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF WINNER’S ACCEPTANCE OR USE OF THE PRIZE.

General Conditions and Disclaimers: The Sweepstakes is subject to these Official Rules and all applicable federal, state, provincial, and local laws (collectively “Rules and Laws”). By entering the Sweepstakes, each entrant agrees to waive any right to claim any ambiguity or error in the Official Rules of the Sweepstakes, and to be bound by these Official Rules and by all decisions of Sponsor, whose decisions are binding and final in all respects. A potential winner may be required to sign, have notarized and return an affidavit of eligibility, a liability release, a publicity release (where legal), IRS Form W-9, and/or any other documentation that Sponsor may require within five (5) days after receipt of such documents, or such potential winner may be disqualified and an alternate potential winner may be selected from among the remaining entrants at Sponsor’s sole discretion. By accepting the Prize, the Winner attests to the provisions stated in these Official Rules and compliance with these Official Rules. Sponsor or Sweepstakes Entities are not responsible or liable for multiple entries in excess of the stated limit, entries that are entered by other than human means (such as by an automated computer program or any non-human method) or that are mechanically duplicated, late, destroyed, incomplete, lost, misdirected, forged, damaged, tampered with, or entries that are otherwise not in compliance with these Official Rules (whether due to the fault of the entrant, Sponsor, or any other Sweepstakes Entity), and all such entries will be disqualified. If for any reason the Sweepstakes is not capable of running as planned, due to computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right to disqualify any entrant it finds who tampers with the entry process, operation of the Sweepstakes or website, and to cancel, terminate, modify, or suspend the Sweepstakes without notice and to select the winners from all eligible entries received prior to such cancellation or termination. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, problems or technical malfunctions of any computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of human error, technical problems or traffic congestion on the Internet or at any website, theft or destruction, or unauthorized access to, or tampering with or hacking of any website, any combination thereof, or otherwise, including any injury or damage to any entrant's or any third party's computer related to or resulting from participation in the Sweepstakes. Any person attempting to defraud Sponsor or tamper with the Sweepstakes in any way will be prosecuted to the full extent permitted by law and will not be eligible for the Prize. Each entrant agrees to indemnify and hold harmless Sponsor and Sweepstakes Entities from any and all liability resulting or arising from the use of any entries or participation in the Sweepstakes. Acceptance of the Prize constitutes the Winner’s permission for Sponsor to use the Winner’s name, photograph, image, likeness, voice, biographical information, statement and complete address for its business purposes (including in marketing and advertising) worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization (except where prohibited by law) and releases Sponsor from all claims arising out of the use thereof.

LIMITATION OF LIABILITY AND RELEASES; PUBLICITY: BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANT AGREES THAT SWEEPSTAKES ENTITIES, AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY PARTICIPANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS SWEEPSTAKES CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS, PANDEMIC (INCLUDING, WITHOUT LIMITATION, AS CAUSED BY COVID-19), COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURANCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.

EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES PARTICIPANT’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE PARTICIPANT’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF WINNER’S NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.

Disputes: Except where prohibited, each entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or the Prize shall be resolved individually, without resort to any form of class action, and exclusively by a federal or state court located in Cook County, Illinois; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorney’s fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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 the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois.

Privacy: Information collected from participants is subject to FTD, LLC’s Privacy Policy, which can be found at http://www.ftdcompanies.com/privacy.

Official Rules/Name of Winner: For a copy of these Official Rules or the name of the Winner, send a self-addressed, stamped envelope to: Proflowers Instant Win Sweepstakes, Re: “Official Rules” or “Name of Winners” (specify which), 3113 Woodcreek Drive, Downers Grove, IL 60515. All requests must be received by April 30, 2023. These Official Rules will be accessible from https://www.proflowers.com/landing/iwrules during the Sweepstakes Period.