OFFICIAL RULES AND REGULATIONS
YOUR PET, YOUR STORY SWEEPSTAKES 2017
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED. THIS PROMOTION IS NOT SPONSORED BY, ENDORSED BY, ADMINISTERED BY OR OTHERWISE ASSOCIATED OR AFFILIATED WITH FACEBOOK.
1. This sweepstakes (“Sweepstakes”) is open to all legal residents of Maryland, Pennsylvania, Virginia, Delaware, New Jersey, Connecticut, New York, Rhode Island, West Virginia, Ohio, Indiana, Kentucky, and Michigan, who have reached the age of majority in their state of residence, as of 9:00:01 a.m. Eastern Daylight Time (“EDT”) on April 1, 2017. THIS SWEEPSTAKES IS VOID WHERE PROHIBITED BY LAW. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to these Official Rules and by the Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. This Sweepstakes is sponsored by Pet Valu, Inc., operating as “PET VALU” and “JACK’S PETS” (the “Sponsor” or the “Company”).
2. This Sweepstakes is not open to employees and agents of the Company and/or its affiliate(s), employees and agents or anyone domiciled with such person. Entrants may be asked to provide proof of identity and/or residency prior to being declared a winner.
3. The Your Pet, Your Story sweepstakes period starts at 9:00:01 a.m. EDT on April 1, 2017 and ends at 11:59:59 p.m. EDT on April 30, 2017 (the “Sweepstakes Period”). The computer of the Administrator (described below) is the official time keeping device for this Sweepstakes.
4. There is one (1) prize available to be won consisting of one (1) $250 PET VALU gift card for the winner, and one (1) $500 PET VALU gift card which will be donated by the Sponsor to the pet rescue of the winner’s choosing to be selected by the winner from a list of eligible pet rescues listed on the entry form.
Gift cards are redeemable at any PET VALU store location in the United States or any JACK’S PETS store location in Ohio and do not expire.
Winner must comply with all terms and conditions of these Official Rules in order to claim a Prize. No cash or other substitution, assignment or transfer of any Prizes permitted, except by Sponsor, who reserves the right to substitute a prize or prize component with cash or another prize of equal or greater value. Winner is responsible for all federal, state and local taxes and fees associated with Prize receipt and/or use. Prizes will be awarded “as is” with no warranty or guarantee, either express or implied offered by Sponsor. Odds of winning a Prize depend on the number of eligible entries received during the Sweepstakes Period. The winners will be announced on Facebook on or before May 19, 2017.
HOW TO ENTER
5. No purchase necessary. Visit www.facebook.com/petvaluUS during the Sweepstakes Period. Look for the Your Pet, Your Story tab. To enter the Sweepstakes you must fill out the required information and submit a response to the question “What do you appreciate most about your pet?” Your response must be less than 3,000 characters. You have the option of including a photo of your pet with your entry. To be eligible to enter, your entry must be received before the Sweepstakes Period expires.
There is a limit of one (1) entry per person during the Sweepstakes Period. Multiple entries, including entries submitted by one entrant, will count as (1) entry for the Prize draw. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different Facebook accounts, email addresses, identities, registrations and logins, or any other methods will void all of that participant’s subsequent entries. Use of any automated system to participate is prohibited and will result in disqualification of participant and voiding of all of participant’s entries. In the event of a dispute as to any Facebook account or email address, the authorized account holder of the email address used to register at Facebook.com or for such email address will be deemed to be the participant. The “authorized account holder” is the natural person assigned 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 address. Each potential winner may be required to show proof of being the authorized account holder.
PHOTO SUBMISSION GUIDELINES
6. While photo submission (together with the essay, “Submission”) is optional, if entrants choose to submit a photo of the entrant’s pet the following applies:
All Submissions must comply with the Submission Guidelines below set forth. Any Submission that does not comply with these guidelines will not be eligible to win a Prize in the Sweepstakes and the submitting entrant may be disqualified from the Sweepstakes at the discretion of Sponsor. No notice or opportunity to correct a Submission will be given. All decisions about the eligibility of any particular Submission will be made at Sponsor’s sole discretion, and are final and binding in all respects.
The Submission must:
• Be in a format acceptable to Facebook;
• Be no more than 5MB in file size; and
• Be in English.
The Submission must not:
• Have been submitted previously in a promotion of any kind;
• 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;
• Disparage Sponsor or any person or party affiliated with the Sweepstakes and administration of this Sweepstakes;
• Feature (other than incidental use) brand names or trademarks other than those owned by Sponsor;
• Contain text or imagery that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
• Contain text or imagery that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
• Contain the image of any minor without the explicit permission of his/her legal guardian;
• Depict obvious or suspected cruelty to animals; or
• Contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where submission is created.
If an individual other than you is depicted in the photo with your pet you must have the permission of that individual or, if the individual is a minor, the permission of the parent or legal guardian of the individual, to include the photo with your entry. You must, upon request of the Sponsor, provide the Sponsor with evidence of any required permissions in a form acceptable to and within the time required by the Sponsor. The Sponsor reserves the right to use information submitted on entry forms to notify authorities of suspected animal abuse.
For the Submissions, you must at the time of entry into the Sweepstakes: (i) be the sole owner of all right, title and interest (including copyright and moral right) in and to your entry, including any photo; and (ii) if your entry or photo contains any trade-marks, copyrighted material or other property owned by a third party, have the express permission of the third party to use such material in accordance with these Rules and Regulations.
DETERMINING WINNERS AND ODDS OF WINNING
7. At the end of the Sweepstakes Period, one (1) winner will be chosen through random drawing from among all eligible entries received during the Sweepstakes Period. Each entry will receive an assigned number and the winner will be selected through a random number generator online tool. Odds of winning a Prize depend on the total number of eligible entries received during the Sweepstakes Period.
8. Once an entrant has been selected for the Prize, he/she (the “Selected Entrant”) will be contacted by email during the week of May 1, 2017. If the Selected Entrant cannot be contacted or does not respond within three (3) business days of such email, or declines the Prize, then the Sponsor may, at the Sponsor’s sole discretion, select an alternate entrant for the Prize by randomly drawing from among all remaining eligible entries. This process will be repeated until a Selected Entrant has been contacted and the Prize has been awarded in accordance with these Rules and Regulations or the Sponsor runs out of eligible entries, whichever occurs first. Any incorrect contact information that prevents the Sponsor from being able to reach a Selected Entrant will cause the Prize to be forfeited by that Selected Entrant and Sponsor will then attempt to contact an alternate entrant. In order to be declared a winner, the Selected Entrant must otherwise comply with these Rules and Regulations. If a Selected Entrant is determined by the Sponsor, in the Sponsor’s sole discretion, to have failed to comply with these Rules and Regulations, the Selected Entrant will be disqualified from this Sweepstakes and all related entries shall be deemed null and void. For clarity, if a Selected Entrant has already won a Prize in this Sweepstakes, that Selected Entrant will not be eligible to win another Prize in this Sweepstakes.
9. The Prize will be delivered via UPS to the winner and also to the pet rescue of the winner’s choice, separately.
10. In order to be declared a winner, the Selected Entrant must complete, sign and return a declaration and release form, including a publicity release, within the time specified on such form. In the event that the Selected Entrant does not return the completed declaration and release form within the time specified, or otherwise is not in compliance with these Rules and Regulations, then that Selected Entrant will be disqualified (and will forfeit the Prize).
11. The Sponsor reserves the right to modify, amend, withdraw or terminate this Sweepstakes and/or modify or amend these Rules and Regulations at any time and for any reason without prior notice, subject to applicable law.
12. By entering the Sweepstakes, entrants agree to (a) abide by these Rules and Regulations and the decisions of the Sponsor which shall be final and binding, (b) release and hold harmless each of Facebook, Inc., the Sponsor, each of their respective affiliates, officers, directors, shareholders, employees, representatives, agents, successors and assigns (collectively, the “Released Parties”) from and against any and all claims, damages or causes of action, including but not limited to, personal injury, bodily injury, disability, death, copyright infringement, identity theft, privacy and defamation actions, damage to or loss of property, or other liability that may arise from the entrant’s participation in this Sweepstakes or the awarding, acceptance, use, or misuse of the Prize, and (c) waive all rights to claim punitive, incidental and consequential damages, legal fees or damages.
13. The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) unauthorized human intervention in any part of the entry process or the Sweepstakes; (c) technical or human error which may occur in the administration of the Sweepstakes or the processing of Sweepstakes submissions, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; or (d) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from an entrant’s participation in the Sweepstakes or receipt or use of the Prize or while traveling to or from any prize-related activity. The winner also further acknowledges that the Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law relative to the Prize or this Sweepstakes including but not limited to quality, condition or fitness for a particular purpose. No more than the stated number of one (1) Prize will be awarded.
14. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the submission process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any other entrant’s submission or 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
15. By accepting the Prize, the winner grants to Sponsor (and its licensees and partners) a non-exclusive, worldwide, royalty-free, perpetual license to edit, publish, promote, republish at any time in the future, and otherwise use the entrant’s name, pet photo, likeness, biographical information, submission and any other information or materials provided by entrant, in any and all media now known or hereinafter devised (including, but not limited to, Companion Magazine, the Company’s websites and social media accounts), without territorial restriction (except where prohibited by law), for possible editorial, publicity, promotional or advertising purposes, without further permission, notice or compensation (except where prohibited by law). All Submissions, including submission file and content, will become the property of Sponsor, and may be used by Sponsor for commercial purposes without payment of any kind to the participating entrants. Each entrant agrees to irrevocably and unconditionally transfer and assign to Sponsor all rights to all information submitted during the Promotion, and agrees to execute and deliver such documents, certificates, assignments and other writings, and take such other actions as may be necessary or desirable to vest in Sponsor the ownership rights granted to Sponsor hereunder.
16. Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any Prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate courts located in the Commonwealth of Pennsylvania, U.S.A.; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 Promotion, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Pennsylvania, U.S.A. or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania, U.S.A.
18. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to the Sponsor and not to Facebook. The information you provide will only be used for purposes of administering this Sweepstakes and in accordance with the privacy policies noted above.
19. For questions regarding this Sweepstakes, these Rules and Regulations or Prizing, please contact us at email@example.com.
20. Sponsor: The Sponsor of the Sweepstakes is Pet Valu, Inc., 489 Devon Park Drive, Wayne, PA 19087.
21. For the winner’s name, send a self-addressed, stamped envelope, along with a request to “Your Pet, Your Story Contest, Pet Valu, Inc. 489 Devon Park Drive, Suite 320, Wayne, PA 19087”. Requests must be received by June 30, 2017.