PET FOOD EXPRESS SOCIAL MEDIA PROMOTION OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF CALIFORNIA, NON-MINOR AND 18 OR OLDER.
PROMOTION DESCRIPTION:
The Promotion begins and ends on the date and at the time stated in Sponsor's Promotion Post (the "Promotion Period"). Sponsor will determine the timing of entries in its sole discretion. Entries must be submitted during the Promotion Period to be eligible to receive a prize. Sponsor reserves the right to modify or discontinue the Promotion (including modifying these Official Rules) at its discretion.
ELIGIBILITY:
The Promotion is open to legal residents of California who are 18 years of age or older at the time of entry ("Entrant"). The Promotion is governed by California law and is subject to all applicable federal, state, and local laws and regulations. You are not authorized to participate in the Promotion if you are not physically located within the United States when you enter the Promotion. Employees, officers, directors, and their immediate families (defined as parent, child, sibling, spouse) of Sponsor, their parent companies, subsidiaries, divisions, affiliates, and agencies (collectively, the "Promotion Entities") are not eligible to enter the Promotion or win a Prize. Entrants must have a valid email address and social media account to enter. The eligibility of Entrants shall be determined by Sponsor in its sole discretion.
This Promotion is in no way sponsored, endorsed, or administered by, or associated with Facebook or Instagram.
HOW TO ENTER:
During the Promotion Period:
(1) To enter this Promotion, comment on or respond to Sponsor's Promotion post ("Sponsor's Promotion Post") located on Sponsor's page on the applicable social media platform publicizing this Promotion (e.g., Facebook (https://www.facebook.com/petfoodexpress/), Twitter (@petfoodexpress) and/or Instagram (@petfoodexpress) (each a "Social Media Platform") and follow the steps outlined in Sponsor's Promotion Post. All comments, responses and/or posts will be referred to herein each as a "Submission." All Submissions must comply with the Guidelines and Restrictions defined below. A Facebook or Instagram account is required to enter and can be obtained free of charge at www.facebook.com or www.instagram.com. If entering the Promotion via a smartphone device, you must have a data service plan for your smartphone device with your service provider. Standard data rates may apply. See your smartphone device provider for pricing plan details and capabilities.
OR
(2) send an email with your name, address, phone number and the name of the Promotion written in the subject line to social@petfoodexpress.com.
Limit of one (1) entry per person using only one (1) social media channel/account or email account throughout the Promotion Period. Entries received from any person, email or social media channel/account in excess of the stated limit will be void. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email or addresses, accounts, identities, registrations and logins, or any other methods will void that participant's entries and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.
Sponsor reserves the right to reject any entry for any reason. Sponsor's decisions regarding eligibility and all other aspects of the Promotion are final and binding. In the event of a dispute as to the identity of an Entrant, the Entrant will be the authorized account holder of the email address or social media account submitted at time of entry."Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses associated with the Entry. In the case of ongoing dispute as to the identity of an Entrant, Sponsor has the right to determine the identity of the Entrant in its sole discretion.
By submitting an entry, the Entrant hereby grants permission for the entry to be posted on Sponsor's pages on the Social Media Platforms or, and agrees that Sponsor may edit, modify, and manipulate the entry as it deems necessary for such purposes. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of entries by third parties. Released Parties do not guarantee the posting of any entry and reserve the right to take down any posted entry at any time.
PRIZES:
See Sponsor's Promotion Post for the number of prize(s), a description of prize(s) and approximate retail value of the prize(s).
WINNER SELECTION VERIFICATION:
Potential winners will be selected randomly on the date stated in Sponsor's Promotional Post from among all eligible entries reviewed by Sponsor whose decisions are final and binding on all matters relating to the Promotion. Odds of winning a prize depend upon the number of eligible entries received. Potential winners will be notified via Social Media Platforms or via the email account associated with the email entry; potential winners will be required to claim their prize via email within three (3) calendar days of date of issuance. If potential winners do not respond within the three (3) calendar days, the applicable prize will be forfeited, and, at Sponsor's sole discretion, an alternate winner may be selected. If a winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award prize in the name of his/her parent or legal guardian, who will be responsible for fulfilling all requirements imposed on winner set forth herein.
PARTICIPATION:
By participating, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Promotion as solely determined by Sponsor. In the event the Promotion is compromised by a virus, non-authorized human intervention, tampering or other causes beyond the reasonable control of Sponsor which corrupts or impairs the administration, security, fairness or proper operation of the Promotion, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Promotion. Should the Promotion be terminated prior to the stated expiration date, Sponsor reserves the right to award prizes based on the entries received before the termination date.
CONDITIONS OF ENTRY:
By entering the Promotion, you (i) acknowledge compliance with these Official Rules including all eligibility requirements, Instagram Terms of Service (available at https://instagram.com/about/legal/terms/) and/or Facebook Terms of Service (available at www.facebook.com/terms), and/or Twitter Terms of Services (available at https://twitter.com/en/tos) as applicable, (ii) represent and warrant that you are the creator of any content, including, but not limited to, text, photographs, and any other materials included in your entry, that you submit as part of your entry, and by participating in the Promotion, you grant Sponsor an irrevocable, royalty-free, transferrable, sublicensable, worldwide license in perpetuity to copy, reproduce, modify, publish. display, perform, exploit and prepare derivative works of the content in any manner, media or format now existing or hereafter devised, without any obligation of notice, attribution or compensation to you; and (iii) agree to be bound by the decision of Sponsor which shall be final and binding in all matters relating to this Promotion. Entrants who have not complied with these Official Rules are subject to disqualification and all associated entries will be void.
In the case of your photo content, by uploading a submission, you agree that your submission conforms to these Official Rules and that Sponsor, in its sole discretion, may remove your submission and disqualify you from the Promotion if it believes, in its sole discretion, that your submission fails to conform to the following guidelines and restrictions, in addition to the following: (a) the submission must not include any private information of a third party such as name, address, phone number or email address; (b) the submission must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement; (c) the submission must not disparage Sponsor or any other person or party affiliated with the promotion and administration of this Promotion; (d) the submission must not contain text, images or artwork not created by entrant; (e) the submission must not contain material that Sponsor deems to be inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous; (f) the submission must not contain material that Sponsor deems to promote bigotry, racism, hatred or harm against any group or individual or to promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and (g) the submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where submission is created.
If a minor (in his/her state of residence) appears in the photo, the Entrant must be that minor's parent or legal guardian. If the entry contains any material or elements that are not owned by the Entrant, and/or which are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the entry, any and all releases and consents necessary to permit the use and exhibition of the entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any Entrant at any time. Failure to provide such proof may, if requested, render entry null and void. By submitting an entry, Entrant warrants and represents that he/she and any persons appearing or who are identifiable in the entry consent to the submission and use of the entry in the Promotion and to its use as otherwise set forth herein.
By submitting an entry, each Entrant acknowledges and agrees that Sponsor may obtain many entries in connection with this Promotion and/or other promotions staged and/or promoted by the Sponsor, and that such entries may be similar or identical in theme, idea, format or other respects to other entries made in connection with this Promotion and/or other promotions promoted by Sponsor or submitted for other reasons, or to other materials developed by the Sponsor. Each Entrant waives any and all claims that any entry and/or other works accepted, reviewed and/or used may be similar, or that any compensation is due to any Entrant in connection with such entry or other works used by Sponsor.
PUBLICITY RELEASE:
Participation in the Promotion and/or acceptance of a Prize constitutes permission for Sponsor to use, without notice or further compensation, worldwide and in perpetuity, any entrant's entry, photo, likeness, biographical information, statement and voice in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with Sponsor's website, social media accounts or the Promotion, and Entrant hereby releases the Promotion Entities from any liability with respect thereto (each a "Publicity Release").
RELEASE:
BY ENTERING THE PROMOTION, EACH ENTRANT RELEASES AND AGREES TO HOLD HARMLESS SPONSOR, APPLICABLE SOCIAL MEDIA PLATFORMS AND RELEASED PARTIES ("RELEASED PARTIES") FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) ENTERING THE PROMOTION; (II) ACCEPTANCE OR USE OF ANY PRIZE; AND (III) OTHERWISE ARISING OUT OF OR RELATING TO THE PROMOTION.
DISCLAIMER AND LIMIT OF LIABILITY:
SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR ANY ENTRANT'S PARTICIPATION IN THE PROMOTION. SPONSOR AND RELEASED PARTIES (AS DEFINED ABOVE) SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE PROMOTION, OR WINNING OR USE OF A PRIZE, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) THE USE OR DOWNLOADING OF ANY SOFTWARE OR MATERIAL IN CONNECTION WITH THIS PROMOTION; (V) TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OF THE OFFER, ADMINISTRATION OF THE PROMOTION, THE CALCULATION OF THE GROSS REVENUES OF SALES OF AN ENTRANT, OR IN THE ANNOUNCEMENT OF THE PRIZE; AND (VI) ANY OTHER CONDITION THAT MAY CAUSE THE PROMOTION TO BE DISRUPTED OR CORRUPTED. SPONSOR RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE PROMOTION, ALTER THE RULES OR CANCEL OR SUBSTITUTE THE PRIZE FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE OR UNCONTROLLABLE EVENT ALTERS OR CORRUPTS THE ADMINISTRATION OF THE PROMOTION, OR THE AWARDING OR USE OF THE PRIZE. IF TERMINATED, THE SPONSOR MAY AWARD THE PRIZES FROM AMONG ALL NON-SUSPECT, ELIGIBLE ENTRIES RECEIVED FOR THE PROMOTION UP TO THE TIME OF SUCH ACTION. If for any reason an Entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant's sole remedy is another entry in the Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all participants up to the date of discontinuance for any or all of the prizes offered herein.
PRIVACY:
Entrant information submitted will be collected and used in accordance with Sponsor's Privacy Policy, which can be found at https://www.petfood.express/privacy-policy/.
CHOICE OF LAW; VENUE:
This Promotion and the rights and obligations of Sponsor and participants will be governed by and controlled by the laws of the State of California, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. (1) Any and all disputes, claims, and causes of action arising out of or connected with the Promotion, or any benefits received, or the administration of the Promotion not resolved through internal adjudication shall be resolved individually, without resort to any form of class action, and exclusively by arbitration, to take place in the State of California pursuant to the Rules of the American Arbitration Association, then effective; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Promotion and in no event shall Entrant by entitled to receive attorneys' fees or other legal costs; and (3) under no circumstances will a participant be permitted to obtain awards for and participants hereby waive all right to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
WINNERS' NAMES:
For the names of the winners email socialmedia@petfoodexpress.com no later than four (4) weeks after the conclusion of the Promotion Period.
SPONSOR:
Pet Food Express, LLC - 2411 Stanwell Dr, Concord, CA 94520
