TESTING FRED'S
SURVEY SWEEPSTAKES
OFFICIAL RULES
OFFICIAL
RULES
NO
PURCHASE
NECESSARY TO ENTER OR WIN THE PROMOTION. A PURCHASE OR PAYMENT WILL NOT
INCREASE AN
ENTRANT’S CHANCES OF WINNING.
OPEN
ONLY
TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF
COLUMBIA WHO, AS OF TIME
OF ENTRY, ARE 18 YEARS OR OLDER.
VOID
IN PUERTO
RICO AND WHERE PROHIBITED OR RESTRICTED BY LAW.
The fred’s
Survey Sweepstakes (the “Promotion”) is sponsored by fred’s Stores of
Tennessee, Inc. (“Sponsor”), 4300 New Getwell Road,
Memphis, TN 38118,
and is administered by Prize Logic, LLC, an independent judging
organization
(“Administrator” or “PrizeLogic”), 25200 Telegraph Road, Suite
405, Southfield,
MI, USA 48033.
1.
PROMOTION
PERIOD: The Promotion starts February 1, 2014 at
12:00 AM
Eastern Time (“ET”)
and
ends on January 31, 2015 at 11:59:59 PM ET (“Promotion
Period“) and consists of
twelve (12) separate monthly sweepstakes (each a “Sweepstakes
Period” as
defined further in Section 4 of these Official Rules). The
Promotion is subject
to all applicable federal, state and local laws and
regulations. The Administrator’s computer
is the official Promotion Period clock.
2.
ELIGIBILITY: The Promotion
is open only to legal residents who are physically residing in
the 50 United
States or the District of Columbia and who are at least
eighteen (18) years of
age or older as of the date of entry. Void in Puerto Rico, the
United States
Territories and Possessions, elsewhere and where prohibited or
restricted by
law. Officers, directors, and employees of the Sponsor,
Verint, Inc.,
Administrator and their respective parent, subsidiary, and
affiliate companies,
and any other entity involved in the development,
administration, promotion, or
implementation of the Promotion (the “Promotion Entities”),
and members of
these persons’ immediate families (spouses and/or parents,
children, and
siblings, and their spouses, regardless of where they reside),
and/or persons
living in the same households as these persons (whether or not
related thereto)
are not eligible to enter or win the Promotion. Participation
constitutes Entrant’s
full and unconditional agreement to these Official Rules as
well as Sponsor’s
and/or Administrator’s decisions, which are final and binding
in all matters
related to the Promotion. Winning a prize is contingent upon
fulfilling all
requirements set forth herein.
3.
METHODS OF ENTRY: An
eligible entrant (“Entrant”) may enter
using one (1) of two (2) methods of entry:
Entry Method 1: Upon
completing a purchase at a participating fred’s
Super Dollar™ retail
store, the customer will receive an invitation to participate
in a survey (the
“Survey”). This invitation will be printed on the fred’s Super
Dollar store receipt.
The customer must log on to the URL provided on the receipt
and complete the Survey
within seven (7) calendar days from the date of purchase.
After completing the
Survey, the customer will be asked if he/she wishes to enter
the Promotion. If
the customer is an eligible entrant and wishes to participate
in the Promotion,
he/she must then enter the following information: his/her
complete first and
last name (no initials), valid e-mail address, complete street
address (no P.O.
Box), Zip Code, telephone number and birthday. After entering
this information,
the Entrant must click the submit button and he/she will be
entered into the Sweepstakes
Period for the calendar month when his/her entry is received.
Limit one (1) Entry
per receipt.
Purchase
must be made in-store by January 31, 2015, but customers will
still have seven
(7) calendar days to enter the last Sweepstakes Period. For
example, a customer
who has made a purchase on January 31, 2015 will have until
February 7, 2015 to
complete the survey and receive an entry into the last
Sweepstakes Period.
Entry Method 2 (alternative method of
entry): This
entry method is for those who have not made a purchase. Under
this method of
entry, during the Promotion Period, visit
https://survey.foreseeresults.com/store/controller?id=77cd7169&flow=SS
and
follow the steps to receive
an entry into a Sweepstakes Period, including providing the
registration
information requested above.
The entry date will be the date that the
Entrant either
completes the survey or enters by the alternative method of
entry and is
thereby entered into the Promotion, not the date of the
receipt. Therefore, it
is possible for an Entrant to complete a purchase during one
Sweepstakes Period
and receive an entry into the next Sweepstakes Period.
Notwithstanding the
foregoing, regardless of the method of entry, an Entrant may
only enter the Promotion
once per calendar day during the Promotion Period. A calendar
day starts at
12:00 AM ET (midnight) and ends at 11:59:59 PM ET each day
during the Promotion
Period.
To be eligible for a Prize, the Entrant must
be in
compliance with the Official Rules. Each
Entrant must be the authorized account holder of a valid
e-mail account. Entries
generated by a script, macro, or other automated means will be
disqualified. Entries that are incomplete, non-deliverable
for any reason, garbled, corrupted, or unintelligible for any
reason,
including, but not limited to, computer or network malfunction
or congestion,
are void and will not be accepted. In case of a dispute over
the identity of an
Entrant, the authorized account holder of the e-mail address
used to enter will
be deemed to be the Entrant. “Authorized account holder” is
defined as the
person who is assigned to an e-mail address by an Internet
access provider,
online service provider, or other organization that is
responsible for
assigning e-mail addresses for the domain associated with the
submitted e-mail
address. Entry constitutes permission (except where prohibited
by law) to use Entrant’s
name, city, state, likeness, image, and/or voice for purposes
of advertising,
promotion, and publicity in any and all media now or hereafter
known,
throughout the world in perpetuity, without additional
compensation,
notification, permission, or approval.
4.
RANDOM
DRAWING:
On
or about each of the Random Drawing Dates below, Administrator
will randomly
select ten (10) potential winners (each a “Winner”) from among
all eligible
entries received during the Sweepstakes Period. Each Winner
will be deemed a
potential Winner pending verification of eligibility and
compliance with these
Official Rules. Entrants must enter during each Sweepstakes
Period to be eligible
to win a Prize for that Sweepstakes Period. Entries will
not
be carried over from one Sweepstakes Period to the next
Sweepstakes Period.
Sweepstakes
Period |
Start
Date (as
of 12:00 AM ET that day) |
End
Date (as
of 11:59:59 PM ET that day) |
Random
Drawing Date (on or about) |
Notification
Date (on or about) |
1 |
2/1/2014 |
2/28/2014 |
3/11/2014 |
3/20/2014 |
2 |
3/1/2014 |
3/31/2014 |
4/9/2014 |
4/18/2014 |
3 |
4/1/2014 |
4/30/2014 |
5/9/2014 |
5/20/2014 |
4 |
5/1/2014 |
5/31/2014 |
6/10/2014 |
6/19/2014 |
5 |
6/1/2014 |
6/30/2014 |
7/10/2014 |
7/21/2014 |
6 |
7/1/2014 |
7/31/2014 |
8/11/2014 |
8/20/2014 |
7 |
8/1/2014 |
8/31/2014 |
9/10/2014 |
9/19/2014 |
8 |
9/1/2014 |
9/30/2014 |
10/9/2014 |
10/20/2014 |
9 |
10/1/2014 |
10/31/2014 |
11/11/2014 |
11/20/2014 |
10 |
11/1/2014 |
11/30/2014 |
12/9/2014 |
12/18/2014 |
11 |
12/1/2014 |
12/31/2014 |
1/12/2014 |
1/21/2014 |
12 |
1/1/2015 |
1/31/2015* |
2/10/2015 |
2/19/2015 |
*
Purchase must be made in-store by January 31, 2015, but
customers will
still have seven (7) calendar days to enter the Promotion.
5.
PRIZES
AND
APPROXIMATE RETAIL VALUE (“ARV”):
a.
Prizes
(10
per Sweepstakes Period): Each
Sweepstakes
Period ten (10) winners will each receive a $100 fred’s
Gift Card (“Prize”). ARV of each Prize: $100. Each
Gift Card is redeemable for merchandise
only and is not redeemable for cash. Sponsor is not
responsible for lost,
stolen or unauthorized use of Gift Card. After 12 months of
non-use, a $1.50
per month dormant account fee will be deducted from the
remaining balance on
the Gift Card. Each Gift Card is subject to the terms and
conditions set forth
thereon.
b.
Total
ARV: The
total ARV of all
available prizes in each Sweepstakes Period is $1,000.
c.
General
Conditions on Prizes:
Prize will not be redeemed or exchanged for cash,
except where required
by law. Prize will not be replaced or replenished if it is
lost, stolen,
damaged, destroyed or used without your permission and will be
voided if
altered or defaced. Limit one (1) Prize per household during
each Sweepstakes
Period. Prizes are non-transferrable and non-substitutable,
except by Sponsor
in its sole discretion. Sponsor reserves the right to
substitute a similar
Prize of comparable or greater value. All taxes and other
expenses, costs, or
fees associated with the acceptance and/or use of the Prize(s)
are the sole
responsibility of Winner(s). If the Prize(s) is unclaimed
within a reasonable
time after notification from Sponsor, as determined by Sponsor
in its sole
discretion, it will be forfeited, and, time permitting, an
alternate Winner(s)
may be selected from the remaining eligible entries at
Sponsor’s sole
discretion.
6.
ODDS
OF
WINNING: Odds
of winning a Prize depend on the number of eligible entries
received during each
Sweepstakes Period.
7.
WINNER NOTIFICATION AND
FULFILLMENT: Potential
Winners
will be notified on or about the Notification Dates defined in
Section
4 of these Official Rules by e-mail using the contact
information provided at
the time of entry.
If a
potential Winner is ineligible for any reason, then the
potential Winner will
be disqualified and an alternate Winner may be selected.
Noncompliance with
these Official Rules or the return of any prize/prize
notification may result
in disqualification and, at Sponsors’ discretion, an alternate
potential winner
may be selected by random drawing from among all remaining
eligible entries
received during the applicable Sweepstakes Period. Federal,
state,
and local taxes imposed on Prizes are the sole responsibility of
the Winner.
Administrator will ship the Prize directly to the Winner within
approximately 6
- 8 weeks of the notification date.
8.
CONDITIONS:
By entering the Promotion, each Entrant
agrees for Entrant and for Entrant’s heirs, executors, and
administrators (a)
to release and hold harmless Promotion Entities and their
respective officers,
directors, and employees (collectively, “Released Parties”)
from any liability,
illness, injury, death, loss, litigation, or damage that may
occur, directly or
indirectly, whether caused by negligence or not, from such
Entrant’s
participation in the Promotion and/or his/her acceptance,
possession, use, or
misuse of the Prize or any portion thereof; (b) to indemnify
Released Parties
from any and all liability resulting or arising from the
Promotion and
to hereby acknowledge that Released Parties have neither made
nor are in any
manner responsible or liable for any warranty, representation,
or guarantee,
express or implied, in fact or in law, relative to Prize,
including express
warranties provided exclusively by Prize supplier that are
sent along with
Prize; (c) if selected as a Winner, the use by Released
Parties of such name,
voice, image, and/or likeness for publicity, promotional, and
advertising
purposes in any and all media now or hereafter known,
throughout the world in
perpetuity, without additional compensation, notification,
permission, or
approval, and, upon request, to the giving of consent, in
writing, to such use;
and (d) to be bound by these Official Rules and to waive any
right to claim any
ambiguity or error therein or in the Promotion itself, and to
be bound by all
decisions of the Sponsor, which are binding and final. Failure to comply with these conditions
may result in disqualification from the Promotion in Sponsor’s
sole discretion.
9.
NO
WARRANTIES,
LIMITATION OF LIABILITY:
Sponsor
makes no warranties covering any of the prizes furnished as
part of this Promotion.
All prizes, and all materials furnished as part of or in
connection with the Promotion
are provided "as is" without warranty of any kind, either
express or
implied, including without limitation the implied warranties
of
merchantability, fitness for a particular purpose. Promotion Entities
are not responsible for,
and shall be indemnified by the Winner against, any claims,
injuries, losses or
damages of any kind resulting from acceptance, use, misuse,
possession, or loss
of the Prize. Void where prohibited. IN NO EVENT WILL THE
PROMOTION ENTITIES,
THEIR AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR
ADVERTISING OR
PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES,
REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY
DAMAGES OR LOSSES
OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE,
OR EXEMPLARY DAMAGES.
10.
PRIVACY: Each
Entrant agrees that personal data, including but not limited
to, name, mailing
address, telephone number, and e-mail address may be
collected, processed,
stored and otherwise used for the purposes of conducting and
administering the Promotion
and otherwise in accordance with
Sponsor’s Privacy Policy located at .
Further, this data may also be used by Sponsor to verify an
Entrant’s identity,
postal address and telephone number in the event an Entrant
qualifies for any
Prize as well as to deliver the applicable Prize. If an
Entrant does not
provide the required data when requested, that entry will be
ineligible for any
Prize.
11.
ADDITIONAL TERMS: Sponsor reserves the right to
permanently disqualify from any promotion any person it
believes has intentionally violated these
Official Rules. The failure of Sponsor to comply with any
provision of these
Official Rules due to an act of God, hurricane, war, fire,
riot, earthquake,
terrorism, act of public enemies, actions of governmental
authorities outside
of the control of Sponsor (excepting compliance with
applicable codes and
regulations), or other acts outside the reasonable control of
Sponsor will not
be considered a breach of these Official Rules. Released
Parties assume no
responsibility for any injury or damage to Entrants’ or to any
other person’s
computer relating to or resulting from entering or downloading
materials or
software in connection with the Promotion. Promotion Entities
are not
responsible for telecommunications, network, electronic,
technical, or computer
failures of any kind; for inaccurate transcription of entry
information; for
errors in any promotional or marketing materials or in these
Official Rules;
for any human or electronic (including but not limited to
programming) error;
or for Entries that are stolen, misdirected, garbled, delayed,
lost, late,
damaged, illegible or returned.
Sponsor
reserves the right to cancel, modify, or suspend the Promotion
or any element
thereof (including, without limitation, these Official Rules)
without notice in
any manner and for any reason (including, without limitation,
in the event of
any unanticipated occurrence that is not fully addressed in
these Official
Rules). In the event of cancellation, modification, or
suspension, Sponsor
reserves the right to select Winners in a random drawing from
among all
eligible, non-suspect Entries received prior to the time of
the event
warranting such cancellation, modification, or suspension. In
no event will
more Prizes be awarded than are stated in these Official
Rules. Sponsor may
prohibit any Entrant or potential Entrant from participating
in the Promotion,
if such Entrant or potential Entrant shows a disregard for
these Official
Rules; acts with an intent to annoy, abuse, threaten, or
harass any other Entrant,
Sponsor, or Sponsor’s agents or representatives, including but
not limited to
the Promotion Entities; or behaves in any other disruptive
manner (as
determined by Sponsor in its sole discretion). CAUTION: Any attempt by an entrant to
deliberately damage any web
site or undermine the legitimate operation of the Promotion 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 entrant to the fullest
extent permitted
by law, including criminal prosecution. In the event of such a
dispute or in
the event a potential winner entered via internet and a
dispute arises
regarding a specific individual entitled to receive a prize,
entries made by
internet will be declared made by the authorized account
holder of the email
address submitted at the time of entry and any damage made to
the web site will
also be the responsibility of the authorized account holder.
"Authorized
account holder" is defined as the person who is assigned to an
email
address by an Internet access provider, online service
provider or other
organization that is responsible for assigning email addresses
for the domain
associated with the submitted email address. Released Parties
are not
responsible for any technical, mechanical, printing,
typographical, human or
other error relating to or in connection with the Promotion,
including, without
limitation, errors which may occur in the administration of
the Promotion, the
processing of entries, the announcement of the prize or in any
Promotion-related
materials; or for any liability for damage to any computer
system resulting
from participating in, or accessing or downloading information
in connection
with this Promotion.
12.
DISPUTES: EXCEPT
WHERE
PROHIBITED BY LAW
The
PROMOTION is governed by, and will be construed in
accordance with, the laws of
the State of MICHIGAN, and the forum and venue for any
dispute shall be in THE
COUNTY OF OAKLAND IN THE STATE OF MICHIGAN. If THE controversy or claim is not otherwise
resolved through direct
discussions or mediation, it shall THEN be resolved by FINAL
AND binding
arbitration administered by AMERICAN ARBITRATION
ASSOCIATION, in accordance
with its Streamlined Arbitration Rules and Procedures or
subsequent versions
thereof (“AAA Rules”). The AAA Rules for selection of an
arbitrator shall be
followed, except that the arbitrator shall be experienced
and licensed to
practice law in THE STATE OF MICHIGAN. All
proceedings brought pursuant to this paragraph will be
conducted in THE STATE
OF MICHIGAN. THE REMEDY FOR ANY CLAIM SHALL BE
LIMITED TO ACTUAL
DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO
RECOVER PUNITIVE,
EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING
ATTORNEY’S FEES OR
OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO SEEK
INJUNCTIVE OR ANY
OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE STATUTE OF
LIMITATIONS FOR
ASSERTING ANY CLAIMS SHALL BE A PERIOD OF ONE (1) YEAR FROM
THE END DATE OF THE
PROMOTION PERIOD. ENTRANTS AGREE THAT ANY AND ALL
DISPUTES, CLAIMS
AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE
SWEEPSTAKES OR ANY
PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT
TO ANY FORM OF
CLASS ACTION.
FURTHER, BY PARTICIPATING IN THE
SWEEPSTAKES ENTRANTS WAIVE ANY RIGHT TO PARTICIPATE IN CLASS
ACTION.
13.
WINNER LIST:
For a
list of winners in the Promotion, send a self-addressed,
stamped business size
envelope to (VT residents may omit return postage): fred’s
Survey Sweepstakes,
Winners List Request, P.O. Box 251328, West Bloomfield, MI
48325. Requests must
be received by March 17, 2015 and will be fulfilled at the end
of the Promotion
Period.
fred’s
and its logos are
trademarks of Fred's
Capital Management Company. All rights reserved.
©
2014 fred’s
Stores of Tennessee, Inc. All rights reserved.