#TopDogMom Mother’s Day 2018 Instagram Sweepstakes Official Rules

#TopDogMom Mother’s Day 2018 Instagram Sweepstakes Official Rules

The following Sweepstakes is intended for viewing in the 50 United States and D.C. only and will be construed to, and governed exclusively by New York State Law.  Do not proceed in this site if you are not a legal resident of the 50 United States or D.C., 18 years or older or you are accessing this site from outside the United States.







PROMOTION DESCRIPTION: The #TopDogMom Mother’s Day 2018 Instagram Sweepstakes (the “Sweepstakes”) is an online sweepstakes.  The Sweepstakes begins on April 23, 2018 at 12:00:01 AM (EDT) and ends on May 20, 2018 at 11:59:59 PM (EDT) (“Promotion Period”). There will be one (1) First Prize Winner, one (1) Second Prize Winner and One (1) Third Prize Winner in the Sweepstakes to be determined by random drawing from among all eligible entries received during the Promotion Period.

HOW TO ENTER THE SWEEPSTAKES: You enter the Sweepstakes by going online to Instagram.com and following @SniffandBarkens and @1800flowers and then completing an Instagram post containing the hashtags #TopDogMom  and #Sweepstakes (“hashtags”) during the Promotion Period.  In the caption of your post you must write “This is my entry for the #TopDogMom #Sweepstakes hosted by @sniffandbarkens and @1800flowers” and post a Mother’s Day themed photo or video of your dog. It can be anything from snuggling and cuddling, to the joy of receiving a Mother’s Day gift. Use of the hashtags constitutes your unconditional acceptance of these Official Rules.  To become a registered Instagram user, go to www.instagram.com and follow the instructions to become a user.  Becoming a registered Instagram user and entry into the Sweepstakes is free, but is subject to acceptance of the terms and conditions of use of www.instagram.com.  The Sweepstakes is in no way sponsored, endorsed or administered by Instagram. Limited to 5 entries per person.

If entering via a mobile devise: Mobile online entry is designed to work with most of the U.S. major carriers, but Sniff & Barkens and 800-Flowers, Inc. (collectively “Sponsors”) make no guarantee that any particular wireless service provider will participate.  Check with your carrier for details. Entrants should check their phone’s features to see if they have that capability. Wireless service providers may charge entrants for mobile online data service, based on the applicable wireless service pricing plan. Message and data rates may apply. Entrants should consult their wireless service provider’s pricing plan for details. You are responsible for all applicable fees and taxes associated with placing a mobile device entry. Sponsor in its sole discretion may add or delete a wireless carrier at any time, without notice.

In the event of a dispute regarding an entry, the entry will be deemed to have been submitted by the Authorized Account Holder of Instagram account submitted/utilized at the time of entry, provided that person meets all eligibility requirements set forth in these Official Rules. “Authorized Account Holder” means the natural person who is assigned to an Instagram account by the organization that is responsible for assigning Instagram accounts. Entrants may not participate with multiple Instagram accounts, nor may entrants use any device or artifice to enter as multiple entrants using Instagram.com. Any entrant who attempts to enter with multiple Instagram accounts and/or under multiple identities will be disqualified from participation in the Sweepstakes and all entries submitted by that entrant will be void. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.

ELIGIBILITY: Open to all legal residents of the fifty (50) United States and the District of Columbia (excluding Puerto Rico, Guam, the U.S. Virgin Islands and other United States territories), who are 18 years of age or older at the time of entry. Void everywhere else outside the U.S. or where otherwise prohibited or restricted by law. Sweepstakes is subject to all applicable federal, state, local and municipal laws. Employees of Sponsor, 800-Flowers, Inc., their respective parent companies, affiliates, subsidiaries, partners, advertising and promotion agencies (collectively the “Promotion Entities”) and their immediate family members and/or those living in the same household of each are not eligible to participate. By entering the Sweepstakes, participants are bound by and agree to these Official Rules, and the decisions of Sponsor, which are final and binding.

RANDOM DRAWING:  All Winners will be selected in a random drawing   conducted by Sponsor’s designated representative, whose decisions are final, on or about May 25, 2018 from among all eligible entries received during the Promotion Period.

Entries must be received by the end time and date of the Promotion Period to be eligible for the Sweepstakes drawing. Potential Winners will receive a direct message from the Sponsor at the Instagram.com account used to participate in the Sweepstakes; confirming that he/she was determined to be a winner and requesting the individual’s full name, email address and mailing address. Potential Winners must respond to Sponsor’s winner notification within seventy-two (72) hours of notification or the Grand Prize will be forfeited. If, despite reasonable efforts, a potential Winner does not respond within seventy-two (72) hours of the first notification attempt, or if the prize notification is returned as unclaimed or undeliverable to such potential Winner, such potential Winner will forfeit his or her Prize and an alternate Winner may be selected. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential Winners in accordance with the above procedure, after which the Prize may go unawarded if it remains unclaimed. Limit one (1) Instagram account per person for the duration of the Promotion Period. Sponsor shall have no liability for any submission that is lost, intercepted or not received by the Sponsor. Once submitted, a submission cannot be modified by the submitting entrant, nor deleted or cancelled. Entrants may not enter through a promotion/contest club (or similar method), with multiple e-mail and/or street addresses, nor shall entrants use any other device or artifice to enter the Sweepstakes more than the permitted number of times. Any submissions that display inappropriate, graphic or lewd content will be ineligible. Any submission that, in Sponsor’s sole and absolute discretion, that violates the above criteria will be disqualified. Incomplete submissions will be declared ineligible. Decisions of the Sponsor are final on all matters relating to this Sweepstakes, including interpretation of these Official Rules, determining the winner, and awarding of the prize.

By using the #TopDogMom and #Sweepstakes hashtags, each entrant (i) represents that any material submitted (including without limitation, photos, captions and titles) (collectively, the “Material”) is original to him/her and that the entrant has all necessary rights in and to the Material (including, but not limited to, permission or releases from all individuals displayed in, or making up part of, the Material) to enter the Material in the Sweepstakes, (ii) grants the Sponsor a royalty-free, non-exclusive license to publish, display, reproduce, modify, edit or otherwise use the Material in whole or in part on any media whether now known or hereinafter devised in perpetuity for advertising or promoting the Sweepstakes or for any other reasons including, but not limited to, placement of the Material (or extracts therefrom) on and third party websites.

PRIZES/APPROXIMATE RETAIL VALUES (ARV)/ODDS:  There is one (1) First Place Winner.  The First Place Winner will receive the following (the “First Place Prize”): (a) 1-800-FLOWERS.COM® Precious Pup™ floral arrangement (product code 163056, AVR $59.99USD), (b) 1-800-BASKETS.COM® Max and Milo™ Pampered Pooch Market Box (product code 162293, ARV $49.99 USD and (c) a $100 1-800-FLOWERS.COM® gift certificate.

There is one (1) Second Place Winner.  The Second Place Winner will receive the following (the “Second Place Prize”): (a) 1-800-FLOWERS.COM® Precious Pup™ floral arrangement (product code 163056, AVR $59.99USD), (b) 1-800-BASKETS.COM® Max and Milo™ Pampered Pooch Market Box (product code 162293, ARV $49.99 USD and (c) a $50 1-800-FLOWERS.COM® gift certificate.

There is one (1) Third Place Winner.  The Third Place Winner will receive the following (the “Third Place Prize”): (a) 1-800-FLOWERS.COM® Precious Pup™ floral arrangement (product code 163056, AVR $59.99USD), (b) 1-800-BASKETS.COM® Max and Milo™ Pampered Pooch Market Box (product code 162293, ARV $49.99 USD and (b) a $25 1-800-FLOWERS.COM® gift certificate.

The total ARV of all Prizes is $504.94 USD.

The specifics of ALL aforementioned elements of the Prizes in the Sweepstakes shall be solely determined by Sponsor. The winners and their respective heirs, executors, and personal representatives agree to release and hold harmless Sponsor, and Sponsors’ officers, directors, employees and agents from and against any claim, cause of action, liability, loss, cost or expense (including attorney’s fees and costs of court) arising directly or indirectly out of participation in the Sweepstakes or the receipt, possession or use of the prizes, including, but not limited to, loss of income, personal injury, death, or damage to or loss of property. All costs, taxes, fees, and expenses associated with any element of the prizes not specifically addressed above are the sole responsibility of the Winners. All federal, state and local taxes on the prizes are the Winners’ responsibility.

Prizes cannot be transferred, substituted, or redeemed for cash except at Sponsors’ sole discretion. Sponsor reserves the right to substitute the prizes, or portions thereof, with prizes of equal or greater value. If there are no eligible entries, Sponsor reserves the right to not award the Grand Prize.

Odds of winning the Prizes depend on the total number of eligible entries received for the Promotion Period.  All applicable federal, state, provincial and local taxes of the Prizes are the sole responsibility of the Winners.

GENERAL: Potential Winners may be required to sign and return a notarized Affidavit of Eligibility/Liability Release (including his/her Social Security Number for tax reporting purposes) and, where permitted by law, Publicity Release within seven (7) days after first notification attempt in order to claim his/her Prize. If a potential Winner is determined to be less than the age of majority in his/her state of residence, then the potential Winner will be disqualified and an alternate Winner may be selected in their place. If prize notification is returned as non-deliverable, the Prize may be forfeited and an alternate Winner may be selected. No correspondence will be acknowledged. No cash equivalents, substitutions or transfer of the Prizes are permitted except that Sponsor reserves the right to substitute a prize of equal or greater value in the event that an offered Prize is unavailable. POTENTIAL WINNERS SHOULD CONSULT WITH HIS OR HER TAX ADVISORS REGARDING THE PRIZES AND APPLICABLE TAXES. EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT THE WINNER WILL BE SOLELY RESPONSIBLE FOR ALL APPLICABLE FEDERAL, STATE, AND LOCAL TAXES AND FEES ASSOCIATED WITH ACCEPTANCE OF A PRIZE. Promotion Entities nor their respective employees will have any liability whatsoever for any injuries, losses or damages of any kind caused by any prize or resulting from acceptance, possession, use and/or misuse of any portion of the Grand Prize or participation in the Sweepstakes or any Prize-related activities. Acceptance of the Prize shall be construed as and signify the Winners’ agreement and consent that Sponsor may use the winners’ names, voices, likenesses and/or Prize information, without limitation, for promotional purposes without further consideration, review, approval or payment, where allowed by law. By participating in this Sweepstakes, entrants agree to be bound by the Official Rules and the decisions of the Sponsor, which are final and binding in all respects. Sponsor is not responsible for any typographical or other error in the printing of the offer or in administration of the Sweepstakes.

DISPUTES: By entering the Sweepstakes, entrants agree that 1.) Any and all disputes, claims, 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; 2.) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys’ fees; and 3.) Under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Sponsor or the Promotion Entities in connection with the Sweepstakes, shall be governed by, and construed in accordance with New York State  law, as applicable. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts of Michigan, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The value of the Prizes set forth above represents Sponsors’ good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. If the actual value of the Prizes turn out to be less than the stated ARVs, the difference will not be awarded.

LIMITATIONS AND RELEASES: By participating in the Sweepstakes, each entrant agrees that the Sponsor shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Sweepstakes. Promotion Entities are not responsible for lost, late, or illegible entries nor for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor or presenter on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Internet portion of the Sweepstakes and select the Winners by random drawing from among all eligible entries received up to the point of the action taken by the Sponsor provided a sufficient number of entries have been received. Caution: Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent of the law.

PRIVACY: For information on how the Sniff & Barkens uses your personal information, please see its privacy policy, located at: https://sniffandbarkens.com/privacy-policy/.

WINNERS’ LIST: For a list of prize winners, send a self-addressed stamped envelope, to be postmarked no later than May 20th, 2018 to #TopDogMom Mother’s Day 2018 Instagram Sweepstakes, “WINNERS’ LIST”, care of Sniff & Barkens, LLC, 209 College St. 3rd Floor, Burlington, VT 05401.

SPONSORS: Sniff & Barkens, LLC, 209 College St. 3rd Floor, Burlington, VT 05401. 800-Flowers, Inc., One Old Country Road, Suite 500 Carle Place, NY 11514.

Instagram.com is not responsible for the collection, submission or processing of submissions or the administration of the Sweepstakes and is not involved with the Sweepstakes in any way.