Edible Arrangements – Nintendo Switch Sweepstakes

Official Rules (“Official Rules”)


By entering into this Sweepstakes, I accept the terms and conditions and set forth in these Official Rules. I confirm I have reached the age of majority in my jurisdiction of residence at the time of opt-in. By entering the sweepstakes, I agree to sign up to receive newsletters and special offers from Edible Arrangements, LLC (“Edible Arrangements”) until a time at which I opt out of receiving those communications in a manner set forth herein. No Purchase Necessary. A purchase will not increase your chances of winning. The Sweepstakes is subject to federal, state, municipal, and local laws and regulations and is void where prohibited.
Eligibility: The  EDIBLE x NINTENDO SWITCH SWEEPSTAKES (the “Sweepstakes”) is open to any individual who has reached the age of majority in their jurisdiction of residence at the time of opt-in; lives within the continental United States, except for residents of New York, Florida, and Rhode Island; and has a valid email address. Employees, independent contractors, interns, officers, directors, and agents of Sponsor and the associated companies are not eligible to enter.

Sponsor: The Sweepstakes is sponsored by Edible Arrangements at 980 Hammond Drive, Atlanta, GA, 30328 (the “Sponsor”).  Nintendo of America Inc. (“Nintendo”) is not a sponsor, co-sponsor or administrator of the sweepstakes. 

Agreement to Official Rules: By entering the Sweepstakes, you indicate your full and unconditional agreement to, and acceptance of, (a) these Official Rules and (b) Sponsor’s decisions, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.  Additionally, in the event that you are chosen as a Winner, you agree to execute two documents: (a) an affidavit of eligibility; and (b) a liability release. 
Entry Period: The Sweepstakes begins at 12:00am EDT 09/09/2021 (“Entry Period”). Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official timekeeping device for the Sweepstakes. The Sweepstakes will end on 10/17/2021 at 11:59pm EDT.

How to Enter: At the beginning of the Entry Period, you may enter the Sweepstakes by submitting your information at the following link www.edible.com/surprisesavings. There is a limit of one (1) entry per person per email address. Additional entries per person per email address will not receive entry into the Sweepstakes. The use of an agency or any automated system to enter is strictly prohibited, and Sponsor reserves the right to disqualify any entries received through such methods, as determined by Sponsor, in its sole discretion.

By entering the Sweepstakes in accordance with the entry process described above, you hereby agree and consent that all entry information and/or information collected in connection with the Sweepstakes may be used be used by Edible Arrangements in accordance with its Privacy Policy, a current copy of which can be found here https://www.ediblearrangements.com/Legal/PrivacyPolicy.aspx .  Additionally, if you select to share your information with Nintendo on the entry page you consent to Edible Arrangements sharing such information with Nintendo and to allow Nintendo to use your information in accordance with Nintendo’s Privacy Policy available here https://www.nintendo.com/privacy-policy/.  You hereby agree to release Edible Arrangements from any issues, claims or damages resulting from Nintendo’s use of your information provided under this Sweepstakes.
Alternative Method of Entry:  Eligible participants may enter the Sweepstakes by mail by hand printing your name, age, complete address, email address, daytime and evening phone numbers on a 3×5-inch piece of paper and mailing it in an envelope to: Edible Arrangements, LLC, EDIBLE x NINTENDO SWITCH SWEEPSTAKES, 980 Hammond Drive Suite 1000, Atlanta, GA 30328.  Only one entry per envelope accepted.  Mechanically reproduced entries will not be accepted.  All entries become property of Sponsor and shall not be returned.

Drawing: After the Entry Period, on or about September 9 to October 17, Sponsor will randomly select 66 potential winners (individually, a “Winner” and collectively, “Winners”) in a drawing of all eligible entries received. The odds of being selected depend on the number of entries received.

Notification and Requirements of Potential Winners: Sponsor will attempt to notify potential winner within five (5) business days of the drawing by email. If a potential winner does not respond within seven (7) calendar days after the notice is sent, the Sponsor will not select an alternate potential winner in his/her place at random from all remaining entries received. No alternate potential winners will be contacted. Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release. If a potential winner fails to sign and return these documents within the required time period, no alternate potential winner will be selected in his/her place in a random drawing of all remaining entries received. No alternate potential winners may be contacted.
Prize(s): Sixty six (66) prizes will be distributed to sixty six (66) Winners, each Winner receiving one of the Prizes set forth below.  The ARV of these items is $359.98.
Description of Prizes: 

●       Sixty six (66)_Nintendo SwitchTM systems
●       Sixty six (66)_download codes for a digital version of the Mario Kart ™ 8 Deluxe game

General Conditions: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize(s) 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 individual it 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. Any attempt by any person to undermine the legitimate operation of the Sweepstakes 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. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the participant. The “authorized account holder” is the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
Release and Limitations of Liability: By participating in the Sweepstakes, you agree to release and hold harmless Sponsor, its parent, subsidiaries, affiliates, Nintendo of America Inc.  and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use of any prize. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Privacy and Use of Information Submitted; Publicity: Any information you submit as part of the Sweepstakes will be used for purposes of this Sweepstakes and treated in accordance with Sponsor’s Privacy Policy as otherwise set forth in these Official Rules. Except where prohibited, participation in the Sweepstakes constitutes an entrant’s consent to Sponsor’s use of his/her name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration. 
Use of Entrant Information: By entering the Sweepstakes, you acknowledge and agree that Sponsor,  will use Entrant’s information, including, for general solicitation, marketing, or other business or promotional activities  or purposes in connection with the services and products provided by Sponsor or the participating companies.  You may at any time revoke the use of such information by providing written notice to Sponsor and each other participating company using the following addresses or by responding to a marketing email using the unsubscribe link provided in the email. Please note that your opt-out preference will apply to marketing communication and may not apply to transactional communication including those associated with your entry. All Entrants who opt-in to receive email communication from Nintendo hereby consent and authorize Sponsor to transfer your information to Nintendo or Nintendo’s third party providers.
Disputes: Except where prohibited, you 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, and exclusively by the appropriate court located in Atlanta, Georgia. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Georgia, without giving effect to any choice of law or conflict of law rules (whether of Georgia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Georgia.

Third-Party Platforms: If this Sweepstakes is hosted, administered, or operated on a third-party platform, including without limitation a social media platform (e.g. Facebook or Twitter) (“Third-Party Platform”), then by participating in this Sweepstakes, entrants hereby release and agree to comply with all rules and policies set forth by such Third-Party Platform and to hold harmless such Third-Party Platform from any and all liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of prizes or participation in any prize related activities. Unless otherwise stated to the contrary in these Official Rules, this Sweepstakes is not sponsored, endorsed or administered by, or associated with, any Third-Party Platform.
Results: To request a winners list, send a self-addressed, stamped envelope to Edible Arrangements at 980 Hammond Drive, Atlanta, GA, 30328. Requests must be received within four (4) weeks of the end of the Entry Period.