The Fresh Market – Free Fresh Food & More For 1 Year Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN PUERTO RICO AND WHERE PROHIBITED BY LAW. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INSTAGRAM, TWITTER, OR PINTEREST.
1. Eligibility: The Fresh Market “Win Free Fresh Food & More for 1 Year” Sweepstakes (the “Sweepstakes”) is open only to Members of The Fresh Market Ultimate Loyalty Experience customer loyalty program (the “Loyalty Program”) who are residents of the following states: AL, AR, CT, DE, FL, GA, IL, IN, KY, LA, MD, MA, MS, NJ, NY, NC, OH, OK, PA, SC, TN, VA or the District of Columbia who are at least 18 years old at the time of entry. Employees of The Fresh Market (“Sponsor” or “TFM”), Merkle Inc. (the “Administrator”), and their respective parents, affiliates and subsidiaries and vendors involved in this Sweepstakes, and the immediate family (spouses, parents, siblings and children) and household members of such employees, are not eligible to participate. To join the Loyalty Program at no cost, go to https://www.thefreshmarket.com/register. VOID OUTSIDE OF THE TERRITORY LISTED ABOVE, IN PUERTO RICO AND WHERE PROHIBITED BY LAW. Subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and the decisions of the Sponsor and Administrator, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Timing: The Sweepstakes begins May 4, 2022 at 7:00 a.m. Eastern Time, and ends on June 28, 2022 at 11:59 p.m. Eastern Time (the “Sweepstakes Period”). Administrator’s computer is the official time-keeping device for this Sweepstakes.
3. How to Enter: No purchase necessary. Loyalty Program Members will be able to enter the Sweepstakes by either of the following two (2) methods:
Each Qualifying Transaction (as defined below) made by a Loyalty Program Member through the Loyalty Program during the Sweepstakes Period will automatically count as one (1) single, separate entry in the Sweepstakes; or
To enter without making a purchase, Loyalty Program Members may submit a free entry form online at https://www.thefreshmarket.com/free-fresh-food/entry during the Sweepstakes Period.
“Qualifying Transaction” shall mean any purchase of one or more products (other than a purchase consisting of only alcoholic beverages) by a Loyalty Program Member in store at The Fresh Market in a single transaction.
Entrants may enter an unlimited number of times during the Sweepstakes Period, although automatic, programmed, robotic, script, macro and similar means of entry are prohibited and may result in disqualification of the entrant. In case of a dispute over the identity of an entrant, the person who is assigned to the Loyalty Program account used to enter the Sweepstakes will be the entrant.
4. Sweepstakes Prizes: One Prize Per TFM retail location (160) (Total ARV: $3,200 per Prize x 160 = $512,000) is Groceries for a Year (ARV $2,400), calculated as $200 per month, to be awarded as a reloadable physical The Fresh Market gift card, with $200 disbursed to the gift card each month for twelve (12) consecutive months, starting the first week of the first month following winner verification and Prize acceptance. The Prize also includes a cash award of $800, to be paid by check when the gift card is issued. Any gift card balance shall carry forward each month. Gift card terms and conditions apply.
Total ARV of all prizes: $512000.
Prizes are non-transferable and no substitutions will be made, except at Sponsor’s sole discretion. Limit one (1) prize per Loyalty Program Member. Winners are responsible for all taxes and fees associated with receipt and/or use of the prizes. Unclaimed prizes may not be awarded.
Odds: The odds of winning each TFM retail location Prize will depend on the number of eligible entries received for the applicable TFM retail location where the Qualifying Transactions occurred, together with online entries from Loyalty Program Members whose profiles identify that TFM retail location as their preferred store.
5. Selection of Sweepstakes Prize Winners: On or about July 14, 2022, Administrator will randomly select one (1) Prize winner for each of 160 TFM retail locations. Each Prize winner will be chosen from all eligible entries submitted through Qualifying Transactions at a single TFM retail location and all eligible online entries from Loyalty Program Members whose profiles identify that TFM retail location as their preferred store.
Potential winners will be notified by phone or email. Sponsor’s and Administrator’s decisions are final and binding in all matters related to the Sweepstakes. As a condition to receiving a prize, the potential winner will be required to complete, sign and return, within ten (10) days of the date he/she is notified, (a) an affidavit of eligibility and release; and (b) an IRS Form W-9 (including the prize winner’s social security number, which will be used only for the purpose of reporting the winner’s prize earnings to the Internal Revenue Service as required by law). If a potential prize winner cannot be reached within forty-eight (48) hours, if a potential winner declines to accept the prize, or if a potential winner fails to complete, sign and return the affidavit of eligibility and release and an IRS Form W-9 within such ten (10) day period, then in each case, he/she will forfeit the prize, and the prize will be awarded to an alternate winner selected at random. ALL POTENTIAL SWEEPSTAKES WINNERS ARE SUBJECT TO VERIFICATION BY ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. It is the entrant’s responsibility to ensure that he/she has complied with the conditions contained in these Official Rules.
6. Publicity: Except where prohibited by law, participation in the Sweepstakes constitutes a winner’s consent in perpetuity to Sponsor’s and its agents’ use of such winner’s photograph and such winner’s name, likeness, photograph, voice, opinions, statements and/or hometown and state in Sponsor’s internal and external communications materials (including but not limited to web sites and web publications and print and digital advertising) for promotional purposes in any media, worldwide, without further payment or consideration.
7. General Conditions: Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Subject to any governmental approval which may be required, Sponsor reserves the right, without prior notice and at any time, to modify, extend, suspend or terminate the Sweepstakes, in whole or in part, or modify or suspend the Sweepstakes in any way, if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud, printing errors, or technical problems, failures or malfunctions, or any causes beyond Sponsor’s control have destroyed or severely undermined the integrity and/or feasibility of the Sweepstakes. By entering, entrants agree that Sponsor, Administrator, Facebook, Instagram, Twitter, and Pinterest are not responsible, and shall have no liability, for: (a) late, delayed, misdirected, garbled, or incomplete entries, prize claims or notifications, or entries that do not otherwise comply with, or violate, the Official Rules; (b) any printing, typographical, mechanical or other error in the printing, advertising or administration of this Sweepstakes or in the announcement of prize winner; (c) any human error, technical malfunctions, or lost/delayed data transmission, or any omission, interruption, deletion, defect, or line failures of any telephone network, computer equipment, or software; (d) inability to join the Loyalty Program as set forth herein; or (e) any other error or malfunction, or causes beyond Sponsor’s reasonable control that jeopardizes the administration, security, fairness, integrity or proper conduct of this Sweepstakes. If due to a printing, production or other error, more prizes are claimed than are intended to be awarded for any prize level, the intended prizes will be awarded in a random drawing from among all verified and validated prize claims received for that prize level. In no event will more than the number of prizes stated in these Official Rules be awarded.
8. Release/Limitations of Liability: By participating in the Sweepstakes, each entrant agrees that Sponsor, its parent company, subsidiaries, Administrator, Facebook, Instagram, Twitter, Pinterest, and all of their respective directors, officers, employees, representatives and agents (collectively, the “Promotion Entities”): (i) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from entrant’s participation in the Sweepstakes or any Sweepstakes-related activity, or from entrant’s acceptance, receipt, possession and/or use or misuse of any prize or participation in any prize-related activity and (ii) 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, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. By winning a prize, each winner agrees to release, discharge, and hold harmless the Promotion Entities from and against any claim or cause of action, including, but not limited to, personal injury, death or damage to or loss of property, including direct, indirect, incidental, consequential or punitive damages arising, in whole or in part, out of such winner’s participation in the Sweepstakes or such winner’s receipt, use or misuse of any prize.
9. Disputes: Except where prohibited by law, each entrant agrees that: (i) 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 state or federal courts in Greensboro, North Carolina and hereby submit to the jurisdiction of such courts; (ii) 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 (iii) under no circumstances will any entrant be permitted to obtain awards for, and each entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, attorneys fees, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules (whether of the State of North Carolina or any other jurisdiction).
10. Winners List/Official Rules: A list of all Sweepstakes prize winners may be found at https://www.thefreshmarket.com/fresh-winners from the date the winner is announced by Sponsor through January 31, 2023. To obtain a copy of the Official Rules, send a self-addressed stamped envelope to Sponsor at the address provided below. All such requests must be received by January 31, 2023. Please allow up to ten (10) business days for Sponsor to process your request. Vermont residents may omit return postage with Official Rules requests.
12. Sponsor: The Fresh Market, 300 North Greene Street, Suite 1100, Greensboro, NC 27401
13. Administrator: Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.