Eva NYC & ShopRite® Sweepstakes Official Rules
NO PURCHASE, TEXT MESSAGE OR PAYMENT NECESSARY TO ENTER.
A PURCHASE, TEXT MESSAGE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.
OPEN TO ALL LEGAL RESIDENTS OF THE ELIGIBLE STATES LISTED BELOW WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY.
VOID OUTSIDE THE STATES LISTED BELOW AND WHERE PROHIBITED BY LAW.
The Eva NYC & ShopRite® Sweepstakes (the “Sweepstakes”) is sponsored and administered by Heat Makes Sense, Inc., 300 Meserole St, 3F, Brooklyn NY 11206 (“Sponsor”). None of Wakefern Food Corp., its shareholders, affiliates or subsidiaries have offered or sponsored this Sweepstakes in any way or shall have any liability or responsibility for any claim arising in connection with participation in this Sweepstakes or any prize awarded.1. OVERVIEW/ENTRY PERIODS: The Sweepstakes starts on February 11, 2016 at 10:00 A.M. Eastern Time (“ET”) and ends on February 12, 2016 at 5:00 P.M. ET (the “Sweepstakes Period”). One (1) Grand Prize will be awarded at the end of the Sweepstakes Period via a random drawing from among all eligible entries received during the applicable entry period.
2. ELIGIBILITY: This Sweepstakes is offered only to legal residents of Connecticut, Delaware, Maryland, New Jersey, New York and Pennsylvania who are 18 years of age or older at the time of entry. Employees, officers and directors of Wakefern Food Corp., Heat Makes Sense, Inc., their respective shareholders, parent companies, affiliates, subsidiaries, advertising, promotion and production agencies, and their immediate family members (defined as spouse, parent, child, sibling, grandparent, grandchild and the “steps” of each) and persons living in the same household of each (whether related or not) are not eligible to enter. This Sweepstakes is subject to all applicable federal, state and local laws and regulations. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Sponsor’s computer shall be the official Sweepstakes Period clock.
3. HOW TO ENTER: (1) To enter online, visit www.facebook.com/shoprite (“Website”) during the Sweepstakes Period (as defined in Rule 1, above) and enter the Sweepstakes. An Entrant may enter by commenting on the Facebook giveaway post which Eva NYC product they are most excited to try. By properly commenting, the Entrant will receive one (1) automatic entry into the prize drawing that corresponds to the Sweepstakes Period during which the entry was received.
Limit of one (1) entry per person.
4. DRAWINGS, PRIZES AND ODDS OF WINNING: Drawings. On or about the day following the end date of the Sweepstakes Period, the Sponsor will conduct a random drawing from among all eligible entries received in that Sweepstakes Period to select one (1) winner of the prize described below:
Prize. The prize will consist of one (1) $300.00 ShopRite Gift Card, one (1) Therapy Session Hair Mask (500ml), one (1) Clean It Up Shampoo (500ml), one (1) Soften Up Conditioner (500ml), one (1) Rock-‐A-‐Wave Curl Cream (250ml), one (1) Hold Me Tight Hairspray (10oz), one (1) Freshen Up Dry Shampoo (5.3oz).
The Approximate Retail Value “ARV” of the prize is $371.94.
The prize consists only of the items described herein. Use of the Gift Card is subject to all terms, conditions and policies of the issuer. A prize winner may not assign, sell or otherwise transfer his/her prize to another person. No cash redemptions allowed. No prize substitution is allowed except at the discretion of Sponsor or as provided herein. If the prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater value will be awarded in lieu thereof. The winner will be responsible for all federal, state and local income taxes resulting from acceptance of his/her prize. Limit one (1) prize per household.
Odds of Winning. The odds of winning a prize depends on the total number of eligible entries received in the Sweepstakes Period.
5. HOW TO CLAIM A PRIZE: The prize winner will be notified via email and/or telephone with instructions on how to claim the prize. If a potential prize winner is found to be ineligible or not in compliance with these Official Rules, declines to accept his/her prize, or if Sponsor is unable to contact a potential prize winner within seven (7) days of the date of the applicable drawing, or in the event that a prize notification is returned as undeliverable, the corresponding prize will be forfeited and, in the Sponsor’s sole discretion, the prize may be awarded to an alternate winner in a random drawing from among the remaining entries in the applicable drawing pool. The prize winner may be required to furnish proof of identification. Before being declared a prize winner, the potential winner will be required to execute and return an Affidavit of Eligibility, Liability Release and, where permitted by law, a Publicity Release within ten (10) days from the date it is postmarked as having been sent by the Sponsor or its representative, or the prize may (in Sponsor’s sole discretion) be forfeited and, in Sponsor’s sole discretion, awarded to an alternate winner in a random drawing from among the remaining entries in the applicable drawing pool.
6. LIMITATION OF LIABILITY: Sponsor is not responsible for: (i) electronic transmissions or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected, postage-‐due or not received by Sponsor for any reason; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries, or for deletion, theft or destruction of, unauthorized access to, or alteration of, entries; (iii) failed or unavailable hardware, network or software; (iv) causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Sweepstakes; (v) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Sweepstakes; (vi) any typographical or other error in any printing or advertising relating to the Sweepstakes, in the administration or execution of the Sweepstakes, or in the announcement of the prize winners; or (vii) cheating or fraud by any Entrant. All incomplete or non-‐conforming entries will be disqualified.
If for any reason the Sweepstakes cannot be executed as planned, including but not limited to any printing, administrative, human or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes without notice. If the Sweepstakes is terminated prior to the end date of the Sweepstakes Period, the prize for the Sweepstakes Period will be awarded in a random drawing from among all eligible, non-‐suspect entries received in that Sweepstakes Period prior to the time/date of termination. Thereafter, no further drawings will be conducted and no further prizes will be awarded. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with or attempts to tamper with the entry process or the operation of the Sweepstakes, or who acts in violation of these Official Rules or in a disruptive manner. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that term.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES OR OTHER REMEDIES FROM ANY PERSON RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
By entering, each Entrant agrees to indemnify, release, defend and hold harmless the Sponsor, Wakefern Food Corp., Lactalis Group American Group, Inc., their respective shareholders, parent companies, affiliates, subsidiaries, and the officers, directors and employees of each of the foregoing (collectively, the “Released Parties”) from and against any and all liability for loss, harm, 5 damage, injury, cost or expense whatsoever arising from or in connection with participation in the Sweepstakes or the acceptance, possession and/or use/misuse of a prize (if awarded to him/her).
By accepting a prize, the winner acknowledges that the Sponsor has neither made, nor is in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize or any portion thereof, including but not limited to its quality, mechanical condition or fitness for a particular purpose.
7. DISPUTES/VENUE/GOVERNING LAW: By participating, Entrants agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, this Sweepstakes or any prize shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal, state or local court (b) any and all claims, judgments and awards shall be limited to actual out-‐of-‐pocket costs incurred, including but not limited to costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (c) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than out-‐of-‐pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of New York or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than Minnesota.
In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-‐related materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
The invalidity or unenforceability of any provision of these Official 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 Official 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.
8. PERSONAL INFORMATION: Any personally-‐identifiable information collected during an Entrant's participation in this Sweepstakes will be collected by Sponsor or its agents and used by Sponsor, its affiliates and agents only for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules, and in accordance with any opt-‐ins an Entrant may have agreed to during the registration process.
9. PUBLICITY RIGHTS: By participating in the Sweepstakes and/or accepting a prize, each Entrant agrees to allow Sponsor and/or Sponsor's designees, and Wakefern Food Corp. the perpetual right to use his/her name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all 6 media now known or hereafter discovered, worldwide, including, but not limited to, on the Internet, without further notice, review or approval, and without compensation, except where prohibited by law.
10. GENERAL: By entering this Sweepstakes, Entrants agree to abide by and accept these Official Rules and the decisions of Sponsor, which shall be final and binding in all matters relating to this Sweepstakes. Entrants waive any right to claim ambiguity in these Official Rules. In no event will more prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical, human or other errors, more than one (1) person is notified as a potential prize winner for the Sweepstakes drawing, a random drawing from among all such notified Entrants will be held to determine the actual prize winner. All entries become the property of Sponsor and will not be returned.
11. WINNERS LIST: For a list of prize winners, print your name and address on a 3"x 5" card and mail it in an envelope with proper postage affixed to: Winners List, Eva NYC & ShopRite Hair for the Holidays Sweepstakes, Heat Makes Sense, Inc., 300 Meserole St, 3F, Brooklyn NY 11206. Winners List requests will only be accepted after the Sweepstakes Period end date (listed above), and requests must be received no later than March 11, 2016.
Sponsored by Heat Makes Sense, Inc., 300 Meserole St, 3F, Brooklyn NY 11206
No Purchase or Text Message Necessary to Enter. A purchase or text message will not increase your chances of winning. Starts 2/11/16; Ends 2/12/16. Must be legal resident of Connecticut, Delaware, Delaware, Maryland, New Jersey, New York or Pennsylvania and 18 yrs or older. Void elsewhere & where prohibited. Enter online at Sweepstakes Web site: facebook.com/shoprite. For full info, including entry/drawing dates & details, prize description and odds of winning, see Official Rules (by which entrants are bound) on facebook.com/shoprite. Sponsored and administered by Heat Makes Sense, Inc., 300 Meserole St, 3F, Brooklyn NY 11206. None of Wakefern Food Corp., its shareholders, affiliates or subsidiaries have offered or sponsored this Sweepstakes in any way.