FoodCount with FoodKick Official Contest Rules

FoodKick Facebook Live Promotion Official Rules

NO PURCHASE NECESSARY

Sweepstakes Timing: The FoodKick Facebook Live Promotion (the “Promotion”) begins at 5 p.m. Eastern Time (“ET”) on August 4, 2016 and ends at 6 ET on August 4, 2016 or when there are approximately 10 minutes left before jar is emptied, whichever occurs first (the “Promotion Period”). FoodKick by FreshDirect is the official time keeper for the Promotion.

Eligibility: The Promotion is open to legal residents of the 50 United States and D.C., who are 18 years of age or older as of date of entry and possess a web-enabled mobile device as of August 4, 2016. Employees (and their immediate family members and/or those living in the same household) of FoodKick by FreshDirect (“Sponsor”) and their respective parent companies, subsidiaries, divisions, affiliates and advertising and promotion agencies (collectively with Sponsor, the “Promotion Entities”) are not eligible to participate or win. All federal, state and local laws and regulations apply. Void where prohibited by law.

How to Participate/Enter: During the Promotion Period, you may participate in the Promotion by visiting the FoodKick Facebook page at Facebook.com/FoodKick during the Facebook Live Broadcast (“Broadcast”). During the Broadcast, the FoodKick representative will have a full jar of jelly beans in front of him/her that will be visible and he/she will be removing jelly beans from the jar (and counting them) during the Broadcast. To enter, during the Broadcast, you will have the opportunity to guess how many jelly beans are in the jar at any given time, in the comments section below the Broadcast Video (“Entry”) and, based on the time of your guess and how full the jar is (as defined in the chart below), you will have the opportunity to win a prize (corresponding to how full the jar is), if your guess is correct. You may submit multiple guesses, but only your final guess will be counted (“Entry”) based on the time submitted for that prize. During the final 10 minutes before jar is emptied, the Entry Period will end and Entries will no longer be accepted. Decisions as to the final Entry cut off are in Sponsor’s sole discretion. The person submitting the Entry will be deemed the entrant (the “Entrant”). Any Entry not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified. All Entries must be submitted by 6 p.m. ET on August 4, 2016 in order to be eligible. By submitting an Entry, you are agreeing to these Official Rules. Any Entry or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, or defamatory, fails to include a guess, violates the proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, is otherwise objectionable, or in any way is incomplete, indecipherable, or otherwise not in full compliance with these Official Rules, will not be accepted and may be disqualified. Entrants and winners acknowledge and agree that their Entry(ies) become the property of the Sponsor, which thereby has the right to edit, adapt, modify, reproduce, promote and otherwise use Entries (or excerpts) in any way it sees fit. Normal Internet/phone access and data/usage charges imposed by your online/phone service will apply and are your sole responsibility. Proof of submission is not proof of receipt by Sponsor. Automated, script, macro or robotic Entries will be disqualified. Sponsor has the sole discretion to determine whether an Entry is eligible. Any Entry not in compliance with these Official Rules will be disqualified. In the event of a dispute as to the identity of an Entrant, the Entrant will be deemed the authorized account holder of the email address associated with the Facebook account provided at the time of Entry and he/she must comply with the Official Rules used to enter this Promotion.

Winner Determination: Winners will be determined based on Entries submitted containing the correct guesses during the Promotion Period. If your guess is correct and you submit an Entry during that Timing indicated, based on the chart below, you win that prize, subject to verification. If there are no correct guesses, the entrant(s) who are closest to the correct number without going over will receive the corresponding prize(s), based on when they submitted their final guess Entry. Determinations will be made by Sponsor/their agency and their decisions are final on all matters relating to this Promotion.

Timing	Prize
Full Jar or 10 minutes from start	$1,000 FoodKick Credit
¾ Jar or 15 minutes from start	$500 FoodKick Credit
½ Jar or 20 minutes from start	$100 FoodKick Credit
¼ Jar or 25 minutes from start	$50 FoodKick Credit
1/8 Jar or 30 minutes from start	$10 FoodKick Credit
Under 1/8 of Jar and closing at least 10 minutes from empty jar	$5 FoodKick Credit

Each potential winner will be notified initially via comment on Facebook and will be required to send a private message to the FoodKick Facebook page (www.Facebook.com/FoodKick) with the requested information within 48 hours or potential winner will be disqualified and an alternate winner will be selected. The potential $1,000 prize winners will subsequently be required to sign and return via email/fax, an Affidavit of Eligibility and Liability and Publicity Release (except where prohibited by law) and Assignment of Rights (“Affidavit Package”) within seven (7) days of notification attempt or potential winner will be disqualified. If a potential winner is found to be ineligible, cannot or does not comply with these Official Rules, or if prize is returned as undeliverable, the potential winner will be disqualified and prize will be forfeited. Each potential winner (under $1,000 prize) will be sent his/her prize within 2 weeks after confirmation.

Prizes: Each confirmed winner (as described above) who resides in the Brooklyn or New York City area (in Sponsor’s sole discretion) will receive a FoodKick credit added to their FoodKick account in the amount specified in the chart above, based on the timing of the final guess. If FoodKick is not available in your area at the time of entry but is available by 12/31/16, you will still receive prize as a FoodKick credit. Anyone residing outside of the Brooklyn or New York City area (in Sponsor’s sole discretion) or FoodKick is not available in their area by 12/31/16 will receive a Sponsor-specified Gift Card in lieu of the FoodKick credit in the prize amount awarded. If you do receive the prize as a FoodKick credit and you do not have a FoodKick account, you may create one for free by visiting foodkick.com and downloading the app to your mobile device. Limit one Prize per person.

General Rules: Winners and all Entrants, as a condition of Entry into the Promotion, agree to release Promotion Entities and Facebook from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with submitting an Entry or otherwise participating in any aspect of the Promotion, the receipt or use of prize awarded or any typographical or other error in these Official Rules or the announcement or offering of the prizes. Acceptance of a prize constitutes permission to the Promotion Entities to use winners’ names, likenesses, usernames and statements and Entries for promotional purposes (including any possible public relations opportunities) without further compensation except where prohibited by law. The Promotion Entities are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Promotion during the Broadcast or by any human error which may occur in the processing of the Entries in the Promotion or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Promotion. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the Entry process or the operation of the Promotion; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to cancel or modify this Promotion for any reason, including (but not limited to) if, for any reason, the Promotion is not capable of running as planned, including infection by computer virus, bugs, Promotion, unauthorized intervention, fraud, technical failures during the Broadcast, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion. If such cancellation occurs, Sponsor reserves the right to determine the winners from among all eligible Entries received prior to cancellation or in a manner deemed fair and equitable by Sponsor. In the event the Broadcast cannot be streamed due to circumstances beyond Sponsor’s control, or has technical difficulties prior to any Entries being received, prizes will not be awarded.

Disputes: Entrants/winners agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or any prize awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in the state of New York; Entrants/winners submit to sole and exclusive personal jurisdiction to said courts in the state of New York for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees; and (c) under no circumstances will Entrants/Winners be permitted to obtain awards for and Entrants/Winners hereby waive all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION 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, or the rights and obligations of Entrants/Winners or the Promotion Entities in connection with this Promotion 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 of provisions (whether of the state of New York, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of New York.

Data Collection: Sponsor collects personal information from Entrants when they enter the Promotion (and for when they may be deemed the winners of the Promotion) for use in administration of the Promotion. The information collected is subject to the Privacy Policy located at (INSERT URL). By entering this Promotion, Entrants are providing their information to Sponsor and not to Facebook.

Winners List: For the names of the winners, available after August 6, 2016 and available for 30 days, send a stamped, self-addressed envelope by August 15, 2016 to: The FoodKick Facebook Live Promotion Winners, (FreshDirect, 23-30 Borden Ave, Long Island City, NY 11101).