****OFFICIAL SWEEPSTAKES RULES****
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY
TO ENTER OR WIN THIS SWEEPSTAKES
VOID WHERE PROHIBITED BY LAW
Sponsor. The Freshé Holiday Sweepstakes (the “Sweepstakes”) is sponsored by Freshé Meals, 340 Central Ave # 303, Dover, NH 03820. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook.
Eligibility. Open only to legal residents of the 50 United States (excluding Alaska, Hawaii, Puerto Rico, and all other U.S. territories and possessions outside of the United States and where otherwise prohibited by law) who (i) are 18 years of age or older at the time of entry in the Sweepstakes (or in the case of legal residents of jurisdictions where the age of majority is greater than 18 years of age, such age of majority under the laws of the jurisdiction in which they reside at the time of entry); (ii) have access to the Internet; and (iii) have a valid, public Instagram or Facebook account in good standing as of the time of entry. Employees, officers, directors, agents, representatives and independent contractors (and their immediate family members and members of the same households (whether related or not)) of Sponsor and its parent, subsidiaries and affiliated companies, are not eligible to participate. Subject to all federal, state and local laws and regulations. Void in Alaska, Hawaii, Puerto Rico and all other U.S. territories and possessions outside of the United States and where prohibited by law or restricted by such laws, including but not limited to jurisdictions with laws that would require registration and/or trust account or posting of a bond, or any other requirements that have not been satisfied.
Application of Rules. By entering the Sweepstakes, each entrant warrants that he/she has read and agrees to abide and be bound by these Official Rules and that he or she is not prohibited from participating in the Sweepstakes. Entrant agrees that Sponsor retains full authority, in its sole discretion, to interpret and administer these Official Rules, and to be bound by all decisions and interpretations made in good faith by Sponsor. Sponsor shall have the absolute right to determine if an entry is in compliance with these Official Rules without notice to the person attempting to enter.
Entry. The Sweepstakes begins at 12:00 p.m. Eastern Time (ET) on 12/16/19 and ends at 11:59 p.m. (EST) on 12/20/19 (the “Sweepstakes Period”). By entering the Sweepstakes, each entrant agrees to these Official Rules and the decisions of Sponsor, which are final and binding in all respects.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE THE CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
You may enter the Sweepstakes during the Sweepstakes Period through only one of the following two entry methods:
- Facebook – Visit the Facebook page of Freshé Meals (www.facebook.com/FresheMeals) during the Sweepstakes Period and comment on the Sweepstakes post, respond to the Sweepstakes post’s prompt. All entries must be received within the Sweepstakes Period. Sponsor’s computer clock is the official timekeeping device of the Sweepstakes. Limit one (1) entry per Facebook account during the Sweepstakes Period. Entries received in excess of the above stated limitation will be void.
If there is a dispute over the identity of an entrant, the entry will be deemed submitted by the Authorized Facebook Account Holder associated with the entry regardless of the individual that submitted the entry. The Authorized Facebook Account Holder is defined as the natural person to whom the Facebook account is assigned by Facebook. Participant, under this method, must enter using only a Facebook account subscribed to and registered in participant’s name. The potential winner may be required to provide Sponsor with proof that he/she is the authorized account holder of the Facebook account associated with the winning entry. If a dispute cannot be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible. All entry posts via Facebook must comply with the Facebook Statement of Rights and Responsibilities available at http://www.facebook.com/terms and your account must be a “public” Facebook account in order for your entry to be viewed by Sponsor.
All entries must be received within the Sweepstakes Period. Limited to only one (1) entry per Sweepstakes participant using either an Instagram or Facebook account during the Sweepstakes Period. Entries received in excess of the above stated limitation will be void.
Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. Participants may not register with multiple Instagram or Facebook accounts nor may entrants use multiple devices or artifices to enter the Sweepstakes multiple times or as multiple entrants. Any entrant who attempts to enter with multiple accounts under multiple identities will be disqualified in Sponsor's discretion. Proof of submission of an entry shall not be deemed proof of receipt by the Sponsor.
All comments posted to enter the Sweepstakes must be in keeping with the Sponsor's positive image and may not be offensive or inappropriate, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity or privacy rights of any person, living or deceased, or entity, or otherwise infringe upon any person’s or entity's personal, intellectual property or property rights or any other third party rights. Comments must be suitable for online publication accessible to the general public. Sponsor reserves the right to eliminate any entries that it determines, in its sole discretion, contain inappropriate content or content that may be deem obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or unlawful, including, without limitation, obscenities, threats, violence, unsafe behavior or situations, or disparagement of any product, service or person.
Neither Sponsor nor its advertising and promotion agencies are responsible for lost, late, incomplete, illegible, inaccurate, misdirected entries, or for any problems of any kind whether mechanical, human or electronic, including, but not limited to, computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, or service provider/Internet accessibility or availability, traffic congestion, or unauthorized human intervention. Sponsor reserves the right to suspend or terminate the Sweepstakes in the event of any such problem. Entries not in compliance with these Official Rules are disqualified. Sponsor shall have the absolute right to determine if an entry is in compliance with these Official Rules without notice to the person attempting to enter.
Use of Entrant Information. As permitted by law and in accordance with these Official Rules, each Sweepstakes entrant agrees that Sponsor may use the information that entrant provides in connection with the Sweepstakes for the purposes and within the context of the Sweepstakes and for Sponsor's internal purposes.
Prizes. Two (2) winners will each receive 16 assorted Freshé Meals with an Approximate Retail Value (“ARV”) of $71.96. The aggregate ARV of the prize is $71.96. Specifics relating to the prize not specified herein are at sole discretion of Sponsor. Each winner is solely responsible for any costs and expenses due in connection with the prize not specified herein. The prize may not be transferred or assigned, except at the Sponsor's sole discretion. No cash value or substitution of the prize will be permitted or provided, except that Sponsor, in its sole discretion, may provide a prize of comparable or greater value. Each winner is solely responsible for reporting and paying any and all applicable federal, state and local taxes due in connection with the prize. Receipt of any prize is conditioned upon compliance with all applicable federal, state and local laws, rules and regulations and these Official Rules.
Selection of Winner and Notification. Each eligible entry submitted during the Sweepstakes Period will be entered into a random drawing to be held at the conclusion of the Sweepstakes Period. One potential winner will be selected at random by Sponsor, whose decision will be final and binding, from all eligible entries received via each entry method during the Sweepstakes Period for a total of two (2) winners within forty-eight hours after the Sweepstakes Period ends. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period via each entry method. In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry either fails to comply with these Official Rules prior to delivery of the prize or refuses the prize or any portion thereof, the prize may be forfeited and awarded to an alternate winner selected at random from the remaining eligible entries at Sponsor’s discretion. An alternate winner will be selected at random from the remaining eligible entries until the five prizes have been awarded.
Sponsor will contact the potential winners via Instagram or Facebook Direct Message, post and/or tagging, as applicable, within forty-eight hours after the random drawing to obtain additional information reasonably necessary to verify eligibility. The potential winners will be required to direct message (DM) Sponsor with his/her contact details and provide the additional information requested by Sponsor to verify eligibility. By direct messaging Sponsor, Sweepstakes entrant warrants and represents to Sponsor that the information contained in such direct message is true and correct in all material respects and that Sponsor may rely on such information in its efforts to comply with applicable laws and regulations. It is acknowledged and understood that such information is being provided to Sponsor and not to Instagram or Facebook. The potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Sponsor reserves the right to require the potential winner to show proof of identity prior to receiving any prize.
Upon contacting a potential winner and determining that he/she has met all eligibility requirements for the Sweepstakes, including without limitation the execution of an affidavit of eligibility and liability/publicity release (except where prohibited by law) and completion of such other documents as Sponsor may reasonably require in order to claim his/her prize, if applicable, such individual will be declared the "winner" of the Sweepstakes.
Sponsor shall not be responsible for (i) the failure of a potential winner to receive Sponsor's notification for any reason, or for the inability of such potential winner to respond to Sponsor’s notification for any reason; (ii) failed, returned or misdirected notifications due to inaccurate information provided by an entrant; (iii) submissions and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, misdirected, damaged or otherwise not received, in whole or in part, by Sponsor.
Affidavit of Eligibility and Release/Delivery of Prize. Each potential winner may be required to sign and return to Sponsor, within two (2) business days from the date the request is made, an affidavit of eligibility and liability/publicity release (except where prohibited by law) and to complete such other documents as Sponsor may reasonably require in order to claim his/her prize, if applicable. If these documents are returned as undeliverable or if a potential winner fails to sign and return the affidavit of eligibility and liability/publicity release (if applicable), and to complete such other documents as Sponsor may reasonably require within the required time period, or if a potential winner does not meet the eligibility or other requirements of the Sweepstakes, the prize will be forfeited and an alternate potential winner will be selected at random from among all remaining eligible entries. The prizes will be delivered by UPS or USPS delivery within thirty (30) days of Sponsor’s receipt of the documents that may be required by Sponsor to be completed and signed by the potential prize winner. Sponsor shall not be responsible for delivery of any documents and/or the prize or prize-related materials and information provided that they are sent to the addresses provided by the potential winner. Sponsor is not responsible for prize information or documents that are lost or misdelivered by the postal service or carrier to the extent applicable.
Release of Liability. Each Sweepstakes entrant agrees that Instagram, Facebook, Sponsor and Sponsor’s parent, subsidiaries or affiliated companies, their successors and assigns, and any and all of their respective officers, directors, shareholders, employees, agents, representatives, licensees and advertising and promotion agencies, shall not be liable for any personal injury, death, loss or damage of any kind or any other causes of action or claims related to entrant’s participation in this Sweepstakes, or acceptance or use of the prize awarded, and/or based on publicity rights, defamation or invasion of privacy. Each entrant agrees to release and discharge, and hereby releases and discharges, Instagram, Facebook, Sponsor and Sponsor’s parent, subsidiaries or affiliated companies, their successors or assigns, and any and all of their respective officers, directors, shareholders, employees, agents, representatives, licensees and advertising and promotion agencies, from any liability arising from or related to the Sweepstakes, personal injury, death, property damage, or claims based on publicity rights, defamation, or invasion of privacy.
Indemnification. Each Sweepstakes entrant agrees to indemnify, defend and hold harmless Sponsor and Sponsor’s parent, subsidiaries or affiliated companies, their successors or assigns, and any and all of their respective officers, directors, shareholders, employees, agents, representatives, licensees and advertising and promotion agencies, from and against any loss, damage or expense (including court costs and attorneys’ fees) that they may suffer or incur as a result of or in connection with entrant’s participation in the Sweepstakes or any Sweepstakes-related activity, receipt, acceptance and/or use of the prize awarded, or any portion thereof, and/or any breach or alleged breach of any warranty or representation made by entrant in connection with the Sweepstakes.
Announcement of Winners. Sponsor will comment, where applicable, the winners’ Instagram user name or handle on Instagram, www.instagram.com/FresheMeals or the winners’ first name and last name initial on Facebook, www.facebook.com/FresheMeals. Sponsor may post the winners’ Instagram user name or handle or the winners’ first name and last name initial on Sponsor’s website at www.FresheMeals.com following the completion of the Sweepstakes and verification of the winners.
Use of Winners Name and Likeness. By submitting an entry, each Sweepstakes entrant, acknowledges and agrees that, if selected as a winner, Sponsor may post, where applicable, each winner’s Instagram user name or handle on Instagram, www.instagram.com/FresheMeals, or each winners’ first name and last name initial on Facebook, www.facebook.com/Freshemeals, and/or on Sponsor’s website at www.FresheMeals.com. A winner who accepts the prize awarded will be deemed thereby to have granted to Sponsor the right, at any time and from time to time, to print, publish, broadcast and use, worldwide and in any media now known or hereafter developed, including but not limited to, the Internet and world wide web, the winner’s name, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration, or right of review or notification, except where prohibited by law, and to have agreed to provide documentation in writing to confirm the foregoing promptly upon request by Sponsor.
Unlawful Conduct and Disqualification. Sponsor reserves the right, in its sole discretion, to disqualify any Sweepstakes entrant who Sponsor determines, in its sole discretion, has (i) tampered with the entry process or the operation of the Sweepstakes or of any website owned, operated or controlled by Sponsor or its parent, subsidiaries or affiliated companies; (ii) was ineligible to participate in the Sweepstakes; (iii) submitted more than the allowed number of entries; or (iv) otherwise acted in an unlawful manner and/or in violation of these Official Rules. Robotic, automated, programmed, or computer generated entries or mechanical reproductions are prohibited, and any use of such devices or entry methods will cause disqualification. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operations of the Sweepstakes is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law and to disqualify such entrant from the Sweepstakes.
Suspension/Amendments. Sponsor reserves the right to (i) suspend, cancel, terminate or modify the Sweepstakes without advance notice as required by law and/or in the event Sponsor believes, in its sole discretion, that any computer virus, worms, bugs, tampering, spamming, unauthorized intervention, fraud, technical failures or other errors or problem beyond Sponsor’s control could corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, and thereafter to recommence such Sweepstakes, if at all, only at such time(s) and upon such terms and conditions as Sponsor shall deem reasonable under the circumstances; and (ii) extend the Sweepstakes Period, by providing notice via Instagram and Facebook if Sponsor determines, in its sole discretion, that an insufficient number of eligible Sweepstakes entries has been received or in the event of unexpected difficulties or other causes beyond Sponsor’s reasonable control.
Severability. If any one or more provisions of these Official Rules are held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the validity, effect or enforcement of any other provision or provisions of these Official Rules.
Force Majeure. The failure of the Sponsor to comply with any provision of this Official Rules due to an act of God, hurricane, war, terrorism, fire, riot, earthquake, actions of governmental authorities outside the control of the Sponsor or other force majeure event shall not be considered a breach of these Official Rules.
Governing Law; Jurisdiction; Venue; Limitation of Damages. These Official Rules shall be interpreted in accordance with New Hampshire law without regard to its conflicts of laws provisions. Each entrant agrees that the state and federal courts located in New Hampshire shall have exclusive jurisdiction over any dispute arising from or relating to these Official Rules, this Sweepstakes or entrant’s participation in this Sweepstakes, and entrant’s consent to the personal jurisdiction and venue thereof. ALL DISPUTES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT INCLUDE ATTORNEYS’ FEES, AND UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES AND WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
Winners’ Names. To obtain the names of the official winners (after the conclusion of the Sweepstakes) or a copy of these Official Rules, send a self–addressed envelope with the proper postage affixed postmarked to: Freshé Meals, Attn. Freshé Fast Meals Fast Food Sweepstakes, 340 Central Ave # 303, Dover, NH 03820. Please specify "Winners Names" or "Official Rules" in your request.