1. NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. Open only to legal U.S. residents, who are 21 years of age or older, and who reside in the FreshDirect delivery area in the states of NY, NJ, CT, PA, and DE.
2. ENTRY. The FreshDirect Oatworks Twitter Giveaway (“Sweepstakes”) begins at 12:00 am Eastern Time (“ET”) on 7/11/14, and ends at 11:59 pm ET on 7/12/14 (“Sweepstakes Period”). To enter, you must be a @FreshDirect follower and tweet your favorite thing about #icecream including the hashtag #fdicecream (“Tweet” or “entry”). If you do not have a Twitter account, and you would like to create one for free, visit www.Twitter.com. Including #fdicecream in a Tweet on Twitter during the Sweepstakes Period constitutes your agreement to these Official Rules. In the event of a dispute as to any entry, the authorized account holder of the email address used to set up the Twitter account will be deemed to be the entrant. Potential winners may be required to show proof of being the authorized account holder of the email address/Twitter account associated with the entry. Sponsor (defined below) is not responsible for lost, interrupted or unavailable network server or other connection; miscommunications; failed phone or computer or telephone transmissions; technical failure; jumbled, scrambled or misdirected transmissions; late, lost, incomplete, delayed, or misdirected entries; or other error of any kind whether human, mechanical, or electronic. CAUTION: Any attempt to deliberately damage any web site, or undermine the legitimate operations of the Sweepstakes, is a violation of the criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages from any such participant to the fullest extent permitted by law and to disqualify such participant from the Sweepstakes. In the event the Sweepstakes is compromised by virus, bug, unauthorized human intervention, or other causes beyond the control of Sponsor that corrupts or impairs the administration, security, fairness, or proper play of the Sweepstakes, Sponsor reserves the right in its sole discretion to suspend or terminate the Sweepstakes and award prizes from all eligible entries/Tweets received prior to cancellation. Any user who, in Sponsor’s sole discretion, posts profanity, pornography or other objectionable content on Twitter may be removed by Sponsor from being a FreshDirect Follower and from participating in the Sweepstakes. Any entry or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, or defamatory, includes any trademarks or logos, 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. Limit one (1) entry per person/Twitter ID per day. For the purposes of this Sweepstakes, a “day” is defined as beginning at 12:00 am ET each day and ending at 11:59 pm ET each day, with the exception of the first day, which will begin at 12:00 pm ET and end at 11:59 pm ET.
3. RANDOM DRAWING. There will be one (1) winner selected on or about 7/13/14 from all eligible entries received throughout the Sweepstakes Period. Winner will be selected in a random drawing conducted by Sponsor from all eligible entries received. The decision of the judges will be final and binding on all matters related to the Sweepstakes. Winner will be notified by direct message on Twitter and confirmed by email. If winner cannot be reached by direct message within 12 hours of notification attempt, an alternate winner may be selected. Entrant selected as winner will be required to sign and return via email/fax, an address confirmation within 48 hours following the date/time of issuance of notification, which will be sent via email, or prize will be forfeited and an alternate winner selected. Odds of winning will be determined by the total number of eligible entries received throughout the Sweepstakes Period.
4. PRIZE. Grand Prize (1): Delivery of ice cream and toppings (ARV: $50). Prize is not redeemable for cash.
5. ELIGIBILITY. This Sweepstakes is open to legal U.S. residents, who are 21 years of age or older and who reside in the FreshDirect delivery area in the states of NY, NJ, CT, PA, and DE. Employees of Fresh Direct, LLC (“Sponsor”), its officers, directors, members, shareholders and advertising and promotional agencies, including Don Jagoda Associates, Inc. (“Administrator”), and their respective affiliates and subsidiaries, and the immediate family members and people living in the same household of each are not eligible. Void where prohibited and subject to all federal, state and local laws. Void outside NY, NJ, CT, PA, DE and where prohibited or restricted by law.
6. CONDITIONS. By participating in this Sweepstakes, participants agree to be bound by these Official Rules and the decisions of the Sponsor. Return of prize/prize notification as undeliverable will result in disqualification and an alternate will be selected. Winner agrees to hold harmless and indemnify Sponsor and each of its respective affiliates, officers, directors, agents, and employees against any and all liability, damages losses, or injury, with respect to or arising out of participant’s participation in the Sweepstakes or the receipt, use or misuse of the prize. Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation or use of prize. Entrants and winner acknowledge and agree that by submitting an entry, Sponsor has the right to edit, adapt, modify, reproduce, promote and otherwise use entries (or excerpts of entries) in any way it sees fit. By entering, you agree to waive any rights you may have to the entry submitted. Taxes related to prize, if any, are the responsibility of winner. Acceptance of prize constitutes permission to use each winner’s name, Twitter handle, likeness, entry/Tweet and photograph for promotional purposes without further compensation except where prohibited by law. Sponsor is not responsible for typographical or other error in printing of the offer or administration of the Sweepstakes or announcement of the prize.
7. APPLICABLE LAWS AND JURISDICTION. This Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of New York. All disputes arising out of or connected with this Sweepstakes will be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, NY. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Sweepstakes and shall not include any indirect, punitive, incidental and/or consequential damages.
8. WINNER. For the name of the winner, available after 7/13/14 for a period of at least 30 days, visit www.freshdirect.com/myfd.
9. SPONSOR. Sponsor of the Sweepstakes is Fresh Direct, LLC, 23-30 Borden Avenue, Long Island City, NY 11101.