Sweepstakes Official Rules

*NO PURCHASE NECESSARY TO ENTER THE SWEEPSTAKES.

A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.

1.   Sponsor: The FreshDirect Anniversary Sweepstakes (“Sweepstakes”) is sponsored by Fresh Direct, LLC, located at 2 St. Ann’s Avenue, Bronx, NY, 10454 (referred hereafter as “Sponsor” or “FreshDirect”).

2.   Eligibility: The Sweepstakes is open only to legal U.S. residents, who are 18 years of age or older and who reside in the FreshDirect delivery areas in NY, CT, NJ, PA, DE, MD, VA and Washington, DC (collectively referred to hereafter as an “entrant” “entrants” or “you”). Visit https://www.freshdirect.com/help/delivery_info.jsp to find the FreshDirect delivery areas. Employees of FreshDirect, its officers, directors, affiliates, subsidiaries, advertising and promotion agencies involved in this Sweepstakes (collectively, the “Sweepstakes Entities”), and their immediate family members and people living in the same household of each are not eligible to participate or win. The term “immediate family members” means parents, step-parents, children, step-children, siblings, step-siblings, spouses or grandparents, regardless of where they live. Void outside FreshDirect delivery areas in NY, CT, NJ, PA, DE, MD, VA, Washington, DC, in states not listed and where prohibited by law. Submitting an entry constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor and Administrator, which shall be final and binding on all matters relating to the Sweepstakes.

3.   Sweepstakes Entry Period: Sweepstakes begins at 12:00am Eastern Time (“ET”) on June 22, 2022 and ends at 11:59pm ET on July 11, 2022. All times in these Official Rules refer to Eastern Time.

4.   How to Enter: There are two methods of entry during the Sweepstakes Entry Period.

Method #1: You are automatically entered into the Sweepstakes when you place an order at FreshDirect.com. You will receive one (1) entry for each order you make. See entry limit below.

Method #2: To enter without making a purchase, send an email with your full name, complete mailing address and daytime phone number with a subject title “FreshDirect Anniversary Sweepstakes Entry” to freshdirectentry@sweepspros.com. You will receive one (1) entry for each complete email you send. See entry limit below.

Regardless of entry method, there is a limit of twenty (20) entries per person for the entire Sweepstakes Entry Period. Entries that exceed the limit mentioned above will be discarded. Incomplete entries will be disqualified. Sponsor is not responsible for entries that are late, garbled, damaged, illegible, deleted or misdelivered. Entries using bots or other forms of automatic entry will be disqualified. Multiple entrants are not permitted to share the same email address. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deceiving or using other unfair playing practices or otherwise violating these Official Rules. Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes at any time if fraud, technical failures, any unanticipated occurrence that is not fully addressed in these Official Rules or any other errors or other causes corrupt the administration, security, or integrity of the Sweepstakes. In the event of cancellation, Sponsor reserves the right to select the winner by random drawing from among all eligible, non-suspect entries received up to the time of such cancellation, and in a manner determined by Sponsor to be fair, appropriate, and consistent with these Official Rules. If there is a dispute as to the identity of an entrant, the prize will be awarded to the authorized account holder of the email address associated with the winning entry. The “Authorized Account Holder” is defined as the natural person to whom the email address is assigned by an online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. If a dispute cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. All received entries become the property of Sponsor and will not be acknowledged or returned. Normal internet access and data usage charges imposed by your online or wireless carrier service may apply.

5. Prize and its approximate retail value (“ARV”): One (1) Grand Prize will be awarded. Grand Prize winner will receive a $10,000 FreshDirect gift card to spend on FreshDirect orders. Total ARV of Grand Prize: $10,000. Odds of winning depend upon the total eligible entries received.

Prize is not redeemable for cash and may not be used for beer, wine, alcoholic beverages, tobacco products and any other regulated product. The prize is non-transferable, non-refundable and non-assignable. No prize substitution allowed except by Sponsor. The Sponsor reserves the right to substitute the prize with a comparable value if prize becomes unavailable for any reason. Usage of gift card is subject to FreshDirect gift card terms and conditions available at https://www.freshdirect.com/gift_card/purchase/tac.jsp.

Prize images depicted in advertising and promotional materials may vary from the actual prize and any depiction of a prize is for illustrative purposes only and may not reflect the images of the actual prize won. The trademarks associated with any food products are the property of their respective owners.

6.   Winner Selection and Notification: Random drawing will be conducted on or about July 12, 2022 under the supervision of the Administrator whose decisions are final and binding. Potential winner will be notified via email at the email address FreshDirect has for the eligible entrant or provided at time of entry. Administrator will make two (2) attempts to notify potential winner and the potential winner must respond within 72 hours of first notification attempt. As a condition to claiming the Grand Prize, potential winner will be required to return a completed Affidavit of Eligibility/Liability and a Publicity Release (“Affidavit”) within seven (7) days as directed on the email notification (such email notification will be sent after potential winner has responded within 72 hours of the first notification). If the first email notification is returned undeliverable, or Affidavit is not returned completed within the date specified, or if an Affidavit or prize notification is returned as undeliverable, or if a potential prize winner is otherwise found to be ineligible, or if a potential prize winner cannot accept/receive the prize for any reason, or if a potential winner fails to comply with these Official Rules, that potential winner will be disqualified and the prize will be awarded to an alternate winner by random drawing from remaining eligible, non-winning entries. Attempts will be made to contact and/or verify up to at least five alternate winners. After five (5) attempts to verify a winner for the unfulfilled prize fail, the prize may not be awarded at Sponsor’s sole discretion. Grand Prize winner will be required to furnish winner’s Social Security Number to the Administrator on the Affidavit and an IRS Form 1099-Misc will be filed in the name of the winner for the prize value awarded.

All taxes are winner’s responsibility.

Sponsor is not responsible for any change of email address and/or contact information of any entrants during the course of the Sweepstakes or winner notification period. Sponsor is not responsible for any delays in prize delivery caused by the delivery carrier, or unclaimed prize. Returned, undeliverable, or unclaimed prize will be forfeited.

7.   Liability Release: By entering, you (i) agree to be bound by these Official Rules, including all eligibility requirements; (ii) agree to be bound by the decisions of Sponsor and the Administrator, which are final and binding in all matters relating to the Sweepstakes; and (iii) release, hold harmless, and indemnify Sweepstakes Entities, from, and hereby waive any claims to, all claims, losses, injury, damages, and liability of any kind to person(s), including death, or property damage arising directly or indirectly or relating to your acceptance, possession, use and/or misuse of a prize, and participation in the Sweepstakes, including privacy or right of publicity claims or claims related to prize delivery.

Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Entrant acknowledges that the releases herein are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of such laws to preserve future unknown claims.

The Sweepstakes Entities do not warrant that access to the Sweepstakes will be uninterrupted and are not responsible for: (a) Entries from persons residing, or physically located, outside the eligible area mentioned in section 2 above; (b) Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Official Rules; (c) lost, interrupted or unavailable networks, servers, satellites, or other connection, availability, or accessibility problems arising in connection with or over the course of the Sweepstakes; (d) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, clerical, typographical or other errors in connection with the administration of the Sweepstakes, the processing of entries, or the offering or announcement of the prize or in any prize notification documents; (e) any other errors of any kind relating to or in connection with the Sweepstakes, whether human, mechanical, clerical, electronic, or technical in nature; (f) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Sweepstakes, or (g) damage to entrant’s system occasioned by participation in this Sweepstakes or downloading any information necessary to participate in this Sweepstakes; even if caused by the negligence of any of the Sweepstakes Entities.  

8.   Publicity: Entry and acceptance of a prize constitute permission for Sponsor and its designees to use winner’s name, hometown, prize won, comments, videos, photos, testimonials and likeness for online posting and promotional purposes without further permission, compensation or notification to winner, except if prohibited by law.

9.   Disputes: If any part of these Official Rules is deemed to be invalid or otherwise unenforceable or illegal, the balance of these Official Rules will remain in effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. 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 prize awarded must be resolved individually, without resort to any form of class action, and exclusively by a federal or state court located in New York, NY; (b) the Sweepstakes will be governed and enforced pursuant to the laws of the State of New York and the federal laws of the United States of America, without regard to the conflicts of laws provisions thereof; (c) any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (d) 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.

10. Privacy: By participating in this Sweepstakes, you acknowledge and agree that your personal information supplied to Sponsor and Administrator may be used by Sponsor for internal marketing purposes. Information provided by you will be treated consistent with Sponsor’s privacy policy, which is located at https://www.freshdirect.com/help/privacy_policy.jsp?trk=bnav. The Administrator will have access to your personal information for purposes of administering this Sweepstakes.

11. Winner’s List: For winner’s information, available after winner is verified, send a self-addressed, stamped envelope (by August 1, 2022) to: FreshDirect Anniversary Sweepstakes Winner, c/o Ventura Associates, Ref# WG, 494 Eighth Ave, Suite 1700, New York, NY 10001.

12. Administrator: Ventura Associates International LLC, 494 Eighth Ave, Suite 1700, New York, NY 10001.

The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with any social media platform. The information you provide will only be used in connection with this Sweepstakes and with promotional or other activities of Fresh Direct, LLC.

†20 Days of Giveaways is unassociated with the sweepstakes.