Fidelum Food Lion Sweepstakes
FIDELUM FOOD LION SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE OR SURVEY PARTICIPATION NECESSARY TO ENTER OR WIN. A PURCHASE OR SURVEY PARTICIPATION WILL NOT IMPROVE YOUR ODDS OF WINNING A PRIZE. OPEN ONLY TO LEGAL U.S. RESIDENTS OF [DE, DC, GA, KY, MD, NC, PA, SC, TN, VA AND WV], 18 OR OLDER AT TIME OF ENTRY. INTERNET ACCESS REQUIRED.
- DATES OF SWEEPSTAKES: The FIDELUM FOOD LION Sweepstakes (the “Sweepstakes”) begins at 10:00 a.m. Eastern Standard Time (“EST”) on March 15, 2018 and ends at 11:59 p.m. EST on April 13, 2018 (the “Sweepstakes Period”).
- SPONSOR: Fidelum Partners, 3813 West Chester Pike, Newtown Square, PA 19073. (“Sponsor”).
- ELIGIBILITY: The Sweepstakes is open only to legal U.S. residents of [Delaware, the District of Columbia, Georgia, Kentucky, Maryland, North Carolina, Pennsylvania, South Carolina, Tennessee, Virginia or West Virginia] who are eighteen (18) years of age or older at time of entry (the “Entrant” or “you”). The Sweepstakes is void outside of the foregoing jurisdictions, in Puerto Rico and wherever else prohibited by law. Officers, directors, managers and employees of Sponsor, Food Lion, LLC (“Food Lion”) and their respective parent, subsidiaries, affiliates and related companies, dealers, advertising and promotion agencies, including companies providing marketing and market research services to Sponsor, consultants and agents (collectively, “Sweepstakes Entities”), as well as the immediate family (spouse, parents, siblings and children regardless of where they live) and household members of each such person, and any others engaged in the development, production, execution or distribution of this Sweepstakes, are not eligible to enter the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations.
- HOW TO ENTER: There are two (2) ways to enter the Sweepstakes: (a) via online survey and registration; or (b) via mail without a purchase or taking a survey:Online Survey: If you receive a survey invitation via email from Food Lion, you may fully complete and submit a survey and entry form consistent with the on-screen instructions within fourteen (14) days of the receipt date. Timely submission of a completed survey and entry form will result in one (1) entry into the Sweepstakes. Surveys not completed within fourteen (14) days of the receipt date will not result in an entry.
By Mail: To enter the Sweepstakes without completing a survey, handwrite your full name, mailing address (no P.O. boxes accepted), telephone number (including area code), date of birth and email address on a plain 3” x 5” card and mail the card in a business-size (#10) envelope, postage prepaid, to: “FIDELUM FOOD LION SWEEPSTAKES”, 3813 West Chester Pike, Newtown Square, PA 19073. Limit one (1) card per envelope. Multiple entries submitted in the same envelope are void. No mechanical reproductions (e.g., photocopies) will be accepted. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. To be eligible, an entry submitted via mail must be postmarked no later than April 11, 2018 and received no later than April 13, 2018.
There is a limit of one (1) entry per person, regardless of method of entry, for a maximum of one (1) entry in the Sweepstakes.
Any attempt by an Entrant to obtain more than the stated number of entries by using multiple/different email addresses, and/or any other methods will void that Entrant’s entries and that Entrant may be disqualified from the Sweepstakes. In the event of a dispute regarding the identity of an Entrant, the entry will be assigned to the authorized account holder of the e-mail submitted with the entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (i.e. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
None of the Sweepstakes Entities is responsible for any entry that is lost, late, misdirected or undeliverable, whether through the mail or due to system errors, omissions, interruption, deletions, defects, delay in operations or transmissions, theft or destruction or failures, faulty transmissions or other telecommunications malfunctions, entries not received as a result of any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise. None of the Sweepstakes Entities is responsible for lost, late, misdirected, illegible, damaged or postage-due mail entries. Entries submitted by anyone other than the Entrant are void. Neither the Sponsor nor Food Lion will verify receipt of entries. All entries submitted become the sole property of Sponsor and will not be returned.
- WINNING/ODDS: A drawing will be conducted on or about April 16, 2018 in which ten (10) prize winners (each a “Potential Prize Winner”) will be randomly selected by the Sponsor from among all eligible entries received during the Sweepstakes Period. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period. All Entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sweepstakes Entities, which will be final and binding in all matters relating to the Sweepstakes.
- NOTIFICATION/PRIZE CLAIMS: Potential Prize Winners will be notified by email approximately two (2) business days after the drawing date. Except where legally prohibited, Potential Prize Winners may be required to execute and return an Affidavit of Eligibility, Liability & Publicity Release within seven (7) days of notification. If a Potential Prize Winner cannot be reached after two attempts to contact him/her, fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release within the required time period or is disqualified for any reason, Sponsor may, in its sole discretion, award the applicable prize to an alternate Entrant, selected by a random drawing from all remaining non-winning eligible entries received during the Sweepstakes Period. Only two (2) alternate drawings will be held, after which any remaining prizes will not be awarded.
- WINNER VERIFICATION: THE ELIGIBILITY OF ALL POTENTIAL PRIZE WINNERS IS SUBJECT TO VERIFICATION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL THE ENTRANT’S ELIGIBILITY IS VERIFIED AND THE ENTRANT IS NOTIFIED THAT VERIFICATION IS COMPLETE AND THE ENTRANT IS AN OFFICIAL WINNER.
- PRIZES: There will be a total of ten (10) prizes awarded. Each prize consists of a $250.00 Food Lion gift card. The approximate retail value (the “ARV”) of each prize is $250.00. The total ARV of all prizes is $2,500.
- PRIZE RESTRICTIONS: There is a limit of one (1) Prize per Entrant and household. Winners are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use. Prizes are not redeemable for cash. Prizes are non-assignable or transferable. No substitution is permitted except if a prize is unavailable, in which case Sponsor reserves the right to substitute a prize of equal or greater value. In no event shall more prizes be awarded than the number stated in these Official Rules, and fewer may be awarded if an insufficient number of qualified entries is received. Gift cards have no cash value and cannot be used to purchase alcohol, tobacco or lottery tickets. Gift cards will not be replaced if lost or stolen and are subject to the terms and conditions, if any, printed thereon.
- GENERAL CONDITIONS: Sweepstakes Entities are not responsible for: (i) any printing or other errors in sweepstakes related material (and they reserve the right to correct clerical or typographical errors in such materials); (ii) computer system, network, hardware, software or program malfunctions, or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise, technical failures, or delays, garbled transmissions or miscommunications, telephone transmission problems, (iii) damage to a user’s computer equipment (software or hardware in electronic transmissions, lost, interrupted or unavailable network connections. Should any portion of the Sweepstakes be, in Sponsor’s sole discretion, compromised by non-authorized human intervention or other causes which, in the sole discretion of the Sponsor, corrupt or impair the administration, security, fairness or proper submission of entries, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and conduct the Sweepstakes in a manner which in its sole discretion is fair, appropriate and consistent with these Official Rules. Notice of such action by Sponsor will be posted at the Website. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any Entrant Sponsor finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Sponsor reserves the right to disqualify or reject any incomplete, inaccurate or false entry. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS 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 THESE PROVISIONS.
- USE OF INFORMATION: Information provided by the Entrant will be treated in accordance with Sponsor’s Privacy Statement, available at https://www.fidelum.com/privacy-policy.
- LIMITATION OF LIABILITY, RELEASE, INDEMNITY: BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES TO RELEASE AND HOLD HARMLESS SPONSOR, FOOD LION, THEIR RESPECTIVE ADVERTISING AND PROMOTIONS AGENCIES, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, SHAREHOLDERS, OFFICERS AND DIRECTORS (COLLECTIVELY, “RELEASED PARTIES”), FROM (A) ANY AND ALL LIABILITY, CAUSES OF ACTION, DAMAGES, ACTUAL, INCIDENTAL OR CONSEQUENTIAL, CLAIMS AND DEMANDS WHATSOEVER, IN LAW OR EQUITY, INCLUDING ATTORNEYS’ FEES AND/OR EXPERTS FEES AND COSTS, WHICH THE ENTRANT NOW HAS OR MAY ACQUIRE, AS A RESULT OF PROPERTY DAMAGE OR LOSS, PERSONAL INJURY AND/OR DEATH OR ANY OTHER INJURY SUFFERED IN CONNECTION WITH PREPARATION FOR, TRAVEL TO OR PARTICIPATION IN THE SWEEPSTAKES OR ANY RELATED ACTIVITY OR THE POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF PRIZE; AND (B) ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, FALSE ENDORSEMENT, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION. EACH ENTRANT FURTHER AGREES TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY CLAIM OR ACTION BROUGHT BY AN INDIVIDUAL OR ENTITY CLAIMING HIS/HER/ITS INTELLECTUAL PROPERTY RIGHTS, INCLUDING, WITHOUT LIMITATION, COPYRIGHT, MORAL RIGHTS (INCLUDING RIGHTS OF INTEGRITY, ATTRIBUTION AND ANONYMITY), TRADEMARK RIGHTS, OR PERSONALITY OR PRIVACY RIGHTS, WERE INFRINGED BY SPONSOR’S (OR IT DESIGNEE’S) USE OF AN ENTRY OR ANY PART THEREOF AS CONTEMPLATED BY THESE OFFICIAL RULES.WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THE SWEEPSTAKES, INCLUDING THE WEBSITE AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- PUBLICITY: EXCEPT WHERE PROHIBITED BY LAW, WINNERS GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND PROMOTION AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO SPONSOR’S AUTHORITY, THE RIGHT AND PERMISSION 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, EACH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. ENTRANTS AGREE THAT SPONSOR SHALL OWN THE ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY.
- ARBITRATION, WAIVER, governing law: BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT FURTHER AGREES THAT (A) ANY AND ALL DISPUTES AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY CONTROVERSY OR CLAIM NOT RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES (THE “AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE LICENSED TO PRACTICE LAW IN NORTH CAROLINA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH SHALL BE CONDUCTED IN ROWAN COUNTY, NORTH CAROLINA. UNDER NO CIRCUMSTANCES WILL AN ENTRANT BE PERMITTED TO OBTAIN AN AWARD FOR, AND BY PARTICIPATING IN THE SWEEPSTAKES EACH ENTRANT WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, INCLUDING ATTORNEYS’ FEES, OTHER THAN THE ENTRANT’S ACTUAL OUT-OF-POCKET EXPENSES (I.E., COSTS ASSOCIATED WITH PARTICIPATING IN THE SWEEPSTAKES), AND THE ENTRANT FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
THESE OFFICIAL RULES AND THEIR INTERPRETATION SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NORTH CAROLINA WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, Entrants irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to Rowan County, North Carolina and waive any objection to venue based on the doctrine of forum non conveniens.
- WINNER’S LIST/RULES REQUEST: To request a copy of the Official Rules, send a self-addressed, stamped envelope for receipt by April 1, 2018 to “FIDELUM FOOD LION SWEEPSTAKES”, 3813 West Chester Pike, Newtown Square, PA 19073. A copy of these Official Rules may also be obtained at https://www.fidelum.com/foodlion during the Sweepstakes Period. For the names of the Winners, please submit a self-addressed, stamped envelope for receipt by May 1, 2018 to “FIDELUM FOOD LION SWEEPSTAKES”, 3813 West Chester Pike, Newtown Square, PA 19073.