Foodsmart + M&T Bank Summer Giveaway Official Rules

NO PURCHASE IS NECESSARY TO ENTER OR WIN. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY, INCLUDING TAX REGULATIONS. VOID WHERE PROHIBITED.

1.Eligibility Foodsmart's Summer Giveaway (the Giveaway) is open to any individuals who are legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Foodsmart and other companies associated with the promotion of the Giveaway, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. Notwithstanding the above, the employer of the eligible individuals enrolled with Foodsmart are not associated with the promotion or sponsorship of the Giveaway. The Giveaway is subject to federal, state, and local laws and regulations.

2. Sponsor The Giveaway is sponsored by Foodsmart, located at 595 Pacific Ave, Fl. 4, San Francisco, California 94133.

3 Agreement to Official Rules Participation in the Giveaway constitutes entrants full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.

4. Giveaway Period The Giveaway begins on June 6 at 6:00am PST and ends on August 31 at 11:59pm PST (the Giveaway Period). Entries that are submitted before or after the Giveaway Period will be disqualified. Submissions will be accepted for the duration of the Giveaway using any of the following method(s): completing a visit with a Foodsmart dietitian.

5. How to Enter To be entered, you must complete a visit with a Foodsmart dietitian between June 6 and August 31 using the code "MTB" while scheduling. If for any reason you would like to be removed, not participate, or opt-out of the sweepstakes please send an email to: support@foodsmart.com with the subject line: “Opt-Out of MTB Giveaway”.

6. Prize Drawing On or about September 15, the Sponsor will select 5 potential winners in a random drawing from among all eligible entries received. The Sponsor will attempt to notify the potential winner via email on or about September 15. If the potential winner cannot be contacted within five (5) days after the date of the first attempt to contact him/her, the Sponsor may select an alternate potential winner in his/her place at random from the remaining non-winning, eligible entries.

7. Winner Notification

The potential winners will be notified by email. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Each prize winner is solely responsible for all applicable federal, state and local taxes, including taxes imposed on his/her income. By accepting the prize, the winner consents to the use of his/her name, photo and/or likeness for promotional uses. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded.

8. Prizes 5 winners will receive $100 in Foodsmart Bucks digital grocery money. Prizes will be fulfilled within approximately 2-3 weeks after the conclusion of the Giveaway.

9. General Conditions In the event that the operation, security, or administration of the Giveaway is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Giveaway is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Giveaway and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. The 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 Giveaway or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorneys fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.

10. Release and Limitations of Liability By participating in the Giveaway, entrants agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Giveaway, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the Released Parties) from and against any claim or cause of action arising out of participation in the Giveaway or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Giveaway, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Giveaway; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Giveaway, including, without limitation, errors that may occur in the administration of the Giveaway, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application the processing of entries application downloads or in any Giveaway-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Giveaway or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Giveaway, and in no event shall the entrant be entitled to receive attorneys fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Giveaway. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

11. Disputes Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of California, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than California.

12. Privacy Information collected from entrants is subject to sponsor’s privacy policy.

13. Winner List To request the name of the winner send a self-addressed, stamped envelope to Foodsmart, Attn: Marketing, 595 Pacific Ave, Fl. 4, San Francisco, California 94133. Winner List requests will only be accepted after the promotion end date (listed above). For the Winner List, you can also send an email to: support@foodsmart.com with the subject line: “MTB Giveaway.”