PROFLOWERS.COM ROMANCE MONTH #LOVE ISAJOURNEY SWEEPSTAKES
NO PURCHASE NECESSARY. INTERNET ACCESS & E-MAIL ADDRESS AS WELL AS ACCESS TO DIGITAL CAMERA OR WIRELESS DEVICE WITH CAMERA FUNCTIONALITY REQUIRED.
- ELIGIBILITY. Open only to legal residents of the 50 United States and the District of Columbia, who are 18 or over. Persons who are not legal residents of the United States/District of Columbia should not participate in the Sweepstakes. Void where prohibited by law. Employees (including temporary or seasonal employees), officers, directors and independent contractors and the immediate family members (parents, children, siblings, spouse) wherever they may live and others living in the same household (whether related or not) of such employees/officers/directors/independent contractors of Provide Commerce, Inc. (“Sponsor”), Princess Cruise Lines, Ltd. (“Prize Partner”), their respective parent companies, subsidiaries, affiliates, divisions and their advertising, promotion or production agencies are not eligible to participate or win the prize.
- SWEEPSTAKES PERIOD. Sweepstakes begins on 08/01/2014 at 12:01 a.m. Pacific Time (PT) and ends 08/31/2014 at 11:59 p.m. PT; but, Sweepstakes events offered as per Rule 3B will take place beginning on 07/30/2014. For the avoidance of doubt, persons not participating in the Sweepstakes via Sweepstakes events in New York, NY cannot enter the Sweepstakes until 08/01/2014. The official clock of the Sweepstakes is Sponsor’s computer.
HOW TO ENTER.
- Via Social Media. Share (i.e., post or tweet) a romantic photo to your public account on Twitter or Instagram. The photo should represent romance and love. Be sure to follow Pro Flowers (@ProFlowers) on Instagram and Twitter, if you do not already. To be eligible, photo must include the hashtags #LoveisaJourney and #ProFlowersSweeps. (You may include a caption with your photo but this is not required nor will doing so increase your chances of winning.)
- Sweepstakes events (New York, NY only). Using the photo station at one of the three (3) free Sweepstakes events in New York City during the Sweepstakes Period, have a romantic photo taken. Then, follow the provided instructions to share your photo via Twitter or Instagram. For Sweepstakes event dates/locations, see www.loveisajourney.proflowers.com. NOTE: Entry at Sweepstakes event is offered on a first come-first served basis and Sponsor expressly disclaims any liability if an event attendee is not afforded the opportunity to use the photo station and enter the Sweepstakes at an event for any reason.
- Bonus Entries. Entrants who opt-in to receive e-mails from ProFlowers and Princess Cruises will receive one (1) bonus entry. (Even if you already have agreed to receive e-mails from ProFlowers and/or Princess Cruises, you should opt-in again to receive the bonus entry.)
- ENTRY LIMITS/RESTRICTIONS. A GIVEN PERSON MAY ONLY ENTER THE SWEEPSTAKES VIA RULES 3A & 3B UP TO TEN (10) TIMES AND RECEIVE UP TO ONE (1) BONUS ENTRY VIA RULE 3C, FOR A POSSIBLE MAXIMUM OF ELEVEN (11) ENTRIES IN TOTAL. Any person who uses any device or artifice to enter in violation of the preceding entry limits will be disqualified. For the avoidance of doubt, the maximum of ten (10) entries via Rules 3A & 3B applies collectively to Instagram, Twitter and Sweepstakes events. In addition, to receive more than one (1) entry via Rules 3A & 3B, an entrant must share a different photo than those previously shared by such entrant in the Sweepstakes. A given Instagram or Twitter account may only be used by one (1) person to participate in the Sweepstakes; and, a given person may only participate in the Sweepstakes by using a single account on Instagram and/or Twitter. Any use of automated entry mechanisms or any other attempt to interfere or tamper with the Sweepstakes or to otherwise deceive or defraud Sponsor will result in disqualification; but disqualification will not represent Sponsor's sole recourse and Sponsor expressly reserves the right to pursue all available legal remedies so as to protect its rights. Any dispute as to the identity of prize winner (if entering via Rule 3A or 3B) will be resolved by Sponsor in its sole discretion based on ownership of Instagram/Twitter account used to enter Sweepstakes. Message and data rates apply to use of mobile device for Sweepstakes entry. You may be charged by your wireless carrier for posting/submitting your photo and thereby entering the Sweepstakes via mobile device. Be sure to check your wireless carrier's pricing plan before participating via mobile device. Not all mobile devices offer wireless Internet access; and, wireless Internet access may not be available in all areas.
- CONTENT RESTRICTIONS. Photo must have been
taken specifically for this Sweepstakes, must not have been previously
published and must comply with all of the following requirements as to
content (as determined by Sponsor in its sole discretion):
- Content must be original and not copied, in whole or part, from any other source (this includes but is not limited to re-posting or re-tweeting photos);
- Content must be truthful in all material respects;
- Content must not violate the rights of any third party (this includes but is not limited to the consent of third party photographer if entrant did not take photo him/herself);
- Content must not be inappropriate or unfit for publication (e.g., include nudity, obscenity or hate speech);
- Content must not disparage Sponsor, Prize Partner, their respective products/services or otherwise reflect unfavorably on any of the preceding;
- Content must not advocate alcohol or drug use, violent or reckless behavior or any illegal activity.
- RE-POSTING OF PHOTOS. Sponsor may choose, in its sole discretion, to re-post photos on one or more of its social media accounts, on its website or elsewhere. Should Sponsor choose to do so, such re-posting is for entertainment and informational purposes only and will have no bearing on the selection of the winner nor does such re-posting constitute any representation that a given entry is eligible for the Sweepstakes. (For winner selection procedure, see Rule 8 below.) Additionally, the re-posting of photos created at photo stations at the Sweepstakes event on 07/30/2014 in no way suggests or indicates that such photos have been specially selected by Sponsor nor will such photos receive any advantage or benefit of any kind. RE-POSTED PHOTOS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE RE-POSTING OF PHOTOS AND DISCLAIMS ANY RESPONSIBILITY FOR SCREENING, MONITORING OR REVIEWING PHOTOS PRIOR TO RE-POSTING THEM. SPONSOR WILL NOT EDIT PHOTOS PRIOR TO RE-POSTING THEM IN CONJUNCTION WITH THE SWEEPSTAKES.
- GRANT OF RIGHTS IN PHOTOS. Entrant grants to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, perform, exhibit, reproduce and/or otherwise exploit his/her photo in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to entrant. (The preceding grant of rights is subject to any rights retained by Instagram or Twitter, as applicable). Entrant waives any “Moral Right of Authors” (Droit Moral) in the photo. Entrant further agrees, upon Sponsor’s request and without compensation, to sign any and all necessary and appropriate documents so as to effect, perfect or record such license rights. Entrant further expressly acknowledges that Sponsor does not owe him/her a duty of confidence (or fiduciary duty or the like) with regard to his/her photo and that Sponsor has wide access to ideas, stories, designs and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) a person’s photo and that Sponsor shall have no liability to entrant or any third party in conjunction therewith.
- DRAWING. The winner will be selected in a random drawing from among all eligible entries received during Sweepstakes Period. (For the avoidance of doubt, provided that the photo complies with these Official Rules, including Rule 5, its content and quality will not be taken into account in the winner selection procedure.) The drawing will be conducted by Sponsor on or about 09/05/2014. Winner will be notified via comment posted on their social media page; but, if winner supplied his/her e-mail address when entering the Sweepstakes (i.e., opt-in for bonus entry), winner shall instead be notified via e-mail. NOTE: FOR THOSE ENTRANTS WHO DO NOT PROVIDE THEIR E-MAIL ADDRESS, IT IS THE ENTRANT'S SOLE RESPONSIBILITY TO ASSURE THAT HIS/HER PRIVACY SETTINGS ALLOW FOR SPONSOR TO POST A COMMENT ON HIS/HER PAGE ON INSTAGRAM OR TWITTER (AS APPLICABLE). Winner must respond to such initial notification with preliminary agreement to accept prize (if preliminarily determined by Sponsor to be eligible as per these Official Rules) within forty-eight (48) hour period. Winner will be required to sign and return an Affidavit of Eligibility, a Liability Release and a Publicity Release (where legal) and perhaps other documents (e.g., written consent from third party photographer) within indicated time as a condition of prize award. In the event of noncompliance with this requirement or if winner cannot be contacted for any reason (including failure to timely respond to initial notification with preliminary agreement to accept prize), prize will be forfeited and an alternate winner selected from among all remaining eligible entries received for the drawing.
- 9. PRIZE/ESTIMATED TOTAL RETAIL VALUE/ODDS OF
GRAND PRIZE (1) – Paris & French Countryside Cruisetour from Princess Cruises. An 18-day Cruisetour begins with land component of Cruisetour in Paris, France, with cruise component of Cruisetour beginning in Barcelona, Spain and ending in Venice, Italy. Grand Prize includes coach class air travel for two from international airport nearest winner's residence to Paris, France and from Venice, Italy back to international airport nearest winner's residence; accommodations in hotels in Paris and Venice of Sponsor's sole choosing; balcony stateroom cabin for two on Island Princess® cruise ship. Approximate Retail Value: $18,728.
Odds of winning depend on the total number of eligible entries received.
- 10. PRIZE RESTRICTIONS.
Trip is subject to seasonal and other availability, blackout dates and other restrictions. Winner's choice of Cruisetour date is subject to advanced notice requirements; last possible Cruisetour departure date is September 25, 2015. Winner may not receive his/her first choice of Cruisetour date. Cruisetour includes some but not all meals; and, menu and other restrictions may apply to those meals which are included as part of Cruisetour. Similarly, Cruisetour includes some but not all activities; and, certain activities are subject to availability and other restrictions and/or may require payment of fees/surcharges. Winner and his/her guest must travel on same itinerary (as set by Sponsor and/or Prize Partner, in their sole discretion). If prize or any portion thereof cannot be awarded for any reason, Sponsor reserves the right to substitute advertised prize/prize component with another prize/prize component of equal or greater value. Any items not listed as part of the prize in these Official Rules including passport fees, ground transportation, souvenirs, and other incidentals are the sole responsibility of the winner. Winner and guest will not receive frequent flier miles, award points or other “perks” in conjunction with prize travel. Guest of winner (if a minor, his/her parent or legal guardian) must sign and return a liability release and publicity release (where lawful), prior to issuance of travel documents. Prize is not transferable and no cash redemption or substitution of prize is offered, except at the sole discretion of the Sponsor. Prize will be awarded only to an address within the 50 United States and District of Columbia.
BY ACCEPTING PRIZE, WINNER ACCEPTS (AND AGREES TO CONFIRM IN WRITING) THE INHERENTLY DANGEROUS NATURE AND RISK IN SEA TRAVEL, INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE PRIZE EVENT IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT TO THE EXTENT PERMISSIBLE BY LAW, RELEASED PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
All applicable federal, state and local taxes connected with receipt of prize, the use and enjoyment of prize, or any connection with this Sweepstakes are winner's sole responsibility. Grand Prize winner will receive a 1099 IRS Tax Form for the ARV of the prize. As a condition of accepting the prize, winner agrees to furnish any requested information needed for tax reporting.
- 11. LIMITATIONS OF LIABILTY.
In General. By participating in this Sweepstakes, entrants understand and agree (and agree to confirm in writing): (a) to abide to these Official Rules which are final and binding and the decisions of Sponsor with respect to all aspects of the Sweepstakes, which are final and binding in all respects and (b) to accept the prize as awarded, without substitution except by Sponsor as set forth herein (if determined to be the winner), and to release and hold harmless Sponsor, Prize Partner, their respective parents, subsidiaries and affiliated companies, advertising and promoting agencies, and any other party associated with the development or administration of this Sweepstakes, and each of their respective officers, directors, employees, representatives and agents, as well as Facebook, Instagram, and Twitter (collectively, “Released Parties”) from and against any and all liability whatsoever, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damages, loss or destruction of property rights of publicity or privacy, defamation, or portrayal in a false light) in connection with this Sweepstakes or with the announcement, acceptance, ownership, or use or misuse of prize (including but not limited to any travel related thereto) and/or use of the entry, or other errors in these Official Rules.
Released Parties are not responsible for loss, damage, or claims resulting from the Sweepstakes, including incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries.
WITHOUT IN ANY WAY LIMITING THE FOREGOING, SPONSOR MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE PRIZE.
Sponsor assumes no responsibility for lost, late, incomplete, irregular, damaged, incomplete, garbled, corrupted, misdirected or illegible/garbled entries, all of which are void. (This includes but is not limited to any entries not received at Sweepstakes event due to malfunction or defect in operation of photo station.) Sponsor further assumes no responsibility for (a) any computer, telephone, cable, satellite, network, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, service provider/Internet/web site/use net accessibility or availability, traffic congestion or technical or human intervention or error; or (b) any incorrect, incomplete or inaccurate information or materials, whether caused by web site users or by any of the equipment or programming associated with or utilized in participating in the Sweepstakes (including filtering or other operation of functionality of Instagram or Twitter); or (c) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to any web site. Sponsor is not responsible for injury or damage to participants’ or any other person’s computer or mobile device related to or resulting from participating in this Sweepstakes. Entrants may not enter with multiple email addresses nor may entrants use any other device or artifice to register as multiple entrants or multiple times except as expressly permitted in Rule 3 above. Any entrant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to enter multiple times (except as expressly permitted in Rule 3 above) will be disqualified and forfeits any prize won, in Sponsor’s discretion. Sponsor reserves the right to remedy any such action, disruption, or circumvention in a manner, determined solely by Sponsor that is fair and equitable to Sweepstakes entrants. Sponsor reserves the right, in its sole discretion, to void, modify, terminate or suspend this Sweepstakes (or any portion thereof) should fraud or any unauthorized human intervention or other causes beyond the reasonable control of Sponsor corrupt or impair the administration, security, fairness or proper play of the Sweepstakes. In the event of cancellation, Sponsor will award the prize from among all eligible, non-suspect entries received prior to cancellation or otherwise in a manner which is fair, equitable and in accordance with these Official Rules, as determined by Sponsor in its sole discretion; and, notice of such action will be posted on www.loveisajourney.proflowers.com.
If for any reason, any provision of these Official Rules or the application of any such provision to any person or circumstance shall be declared to be invalid, unenforceable or void by a tribunal of competent jurisdiction (as per Rule 14), such decision shall not have the effect of invalidating or voiding the remainder of the Official Rules, it being the intent and agreement of the parties that the Official Rules shall be deemed amended by modifying such provision to the extent necessary to render it valid, legal and enforceable while preserving its intent or, if such modification is not possible, by substituting therefore another provision that is valid, legal and enforceable so as to give effect to Sponsor’s intent.
Additional Terms. Sponsor reserves the right, at its sole discretion, to disqualify any individual or winner that it finds, in its sole discretion, to be tampering (or attempting to tamper) with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules. Tampering includes but is not limited to inappropriate, belligerent or improper conduct directed toward Sponsor representatives at Sweepstakes event. The preceding in no way precludes Sponsor from taking other actions against such individuals so as to protect its rights. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of such provision.
- RELEASE OF PUBLICITY RIGHTS . By accepting prize, where permitted by law, winner grants Sponsor and its designees (including Princess Cruise Lines, Ltd.) the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the winner's name, portrait, picture, voice, likeness and/or other indicia of persona as news or information and for advertising, trade and promotional purposes without additional compensation, and without review, approval or further notice.
- DISPUTE RESOLUTION/GOVERNING LAW. To the fullest extent permitted by law, by participating in the Sweepstakes, you understand and agree that any claim or dispute regarding the Sweepstakes or these Official Rules will be resolved by means of binding arbitration (NOT IN A COURT OF LAW) as per the “Dispute Resolution” provision of the Terms and Conditions of Use of the Pro Flowers web site (accessible at www.providecommerce.com/terms.aspx), such provision being made a part of these Official Rules and incorporated herein by reference. In accordance with the “Dispute Resolution” provision, any claim or dispute will be resolved pursuant to California law, consistent with the Federal Arbitration Act, as they apply to agreements entered into and performed entirely within California by California residents, without regard to conflict of law provisions.
- WINNER’S LIST. For the name of prize winner, send a self-addressed stamped envelope to Pro Flowers Love Is A Journey - Winners List, DEPT. PR, Provide Commerce, 4840 Eastgate Mall, San Diego, CA 92121, to be received by 09/15/2014. Winner’s list will be available after 10/01/2014.
SPONSOR: PROVIDE COMMERCE, INC., San Diego, CA 92121