OFFICIAL RULES

PET SUPERMARKET GET FRESH KISSED CONTEST 2018

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW.  THIS PROMOTION IS NOT SPONSORED BY, ENDORSED BY, ADMINISTERED BY OR OTHERWISE ASSOCIATED OR AFFILIATED WITH FACEBOOK, INC. (“FACEBOOK”).

This sweepstakes (“Sweepstakes”) is open to all legal residents of South Carolina, Florida, California, Nevada, Georgia, Alabama, North Carolina, Tennessee, Texas and Kentucky who are 18 years of age (or the age of majority in their state of residence, whichever is older) or older.  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 Sponsors’ decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements as set forth herein. You must have internet access, a valid email address, and a Facebook account to enter this Sweepstakes.

This Sweepstakes is not open to employees and agents of Pet Supermarket, Inc. and/or its affiliates or employees and agents of Merrick Pet Care, Inc. and/or its affiliates, subsidiaries, 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.

SWEEPSTAKES PERIOD

The Sweepstakes begins at 12:00:01 a.m. Eastern Standard Time (“EST”) on January 30, 2018 and ends at 11:59:59 p.m. EST on February 28, 2018 (the “Sweepstakes Period”). The computer of Maximize Digital Media (the “Administrator”) is the official time keeping device for this Sweepstakes.

PRIZES

Five prizes (each a “Prize” and collectively “the Prizes”) of a one-year supply of Merrick Fresh Kisses™ dog dental treats are available, fulfilled through twelve (12) gift vouchers redeemable for a box (23-27oz) of Merrick Fresh Kisses™. Vouchers can be redeemed at a Pet Supermarket store location, one at a time, in groups or all at once. All vouchers expire 3/31/19. Total retail value of each prize is approximately $359.88 USD. Winners to be chosen by random selection.

Limit one (1) entry per person.

For all prizes:

Winners 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 the Sponsors, who reserves the right to substitute a Prize or Prize component with cash or another Prize of equal or greater value.  Winners are 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 the Sponsors.  Odds of winning depend on the number of eligible entries during the Sweepstakes Period.

HOW TO ENTER

No purchase necessary. Visit www.facebook.com/petsupermarket during the Sweepstakes Period and click on the tab entitled “Get Fresh Kissed Sweepstakes.” You will need to complete the online registration form and upload a photograph of you and your dog(s) to enter. To be eligible to enter the draw, your entry must be received before the Sweepstakes Period expires.

Any attempt by a participant to enter more often than the allowed one (1) entry by using multiple/different email addresses, Facebook accounts, identities, registrations and logins, or any other methods, will disqualify that participant’s subsequent entries. Only fully completed entries that otherwise comply with these Official Rules will be accepted and eligible for entry into the draw. Entries that are mechanically reproduced, generated by a script, macro, bot or any other automated means, copied, incomplete, or inaccurate will be deemed void.

PHOTO SUBMISSION GUIDELINES

Entrants must adhere to the following photo submission guidelines: Only digital photo submissions will be accepted. No printed photos will be accepted. The maximum size allowed is 10 MB. All photos must be in JPEG format. No watermarks, signatures or copyright notices may be added to images.

By submitting an entry, you grant the Sponsors a worldwide, royalty-free, sub-licensable, and transferable right and license to use, copy, reproduce, distribute, prepare derivative works of, publish and display your entry on the Sponsors’ web sites, and Sponsors’ (and its successors’) business in any media formats, and through any media channels. The foregoing license will be perpetual and non-exclusive. The right and license granted to the Sponsors includes the right of the Sponsors (but not the obligation of Sponsors) to (1) post the entry on Sponsors’ web sites; (2) use the entry to promote the Sponsors’ marketing campaigns or initiatives; (3) edit, modify, format, or adapt the entry for Sponsors’ purposes and use such revised version to the same extent as the original entry; and (4) use the entry for advertising and promotional uses. You hereby waive your moral rights, if any, in and to your photo in favor of the Sponsors, and you hereby agree to confirm such grant and waiver in writing at the request of the Sponsors. You hereby confirm your understanding that you shall not receive any compensation from the Sponsors in this regard.

Incomplete or inaccurate online entries are void. Entries become the property of the Sponsors and will not be acknowledged or returned.

Entries (i) must be the original and sole creation of the submitting entrant, and all right, title and interest including but not limited to the copyright in any Entry, must be owned solely by the submitting entrant; (ii) must not have been submitted in any other promotion of any kind, (iii) must not have been professionally published; (iv) must not infringe upon any third party’s rights, including but not limited to, copyright, patent or trademark, or rights of privacy or publicity, or contain material that is or may be considered defamatory, slanderous or libelous, or portray or depict any person, product or entity in a false light; (v) must not violate any law, rule or regulation; (vi) may not contain any virus, bugs, or other deleterious material; and (vii) must not contain inappropriate content, for example but not limited to, profanity, defamatory statements, words or symbols widely considered offensive to individuals of any certain race, ethnicity, religious, sexual orientation or socioeconomic groups, threats to any person, place, business, or group. Each entrant warrants and represents that his/her Entry complies with all of those conditions. Any non-complying Entry will subject the entrant to disqualification in the Sponsors’ sole discretion.

The Sponsors reserve the right to disqualify any photo that contains any content that is, in the sole discretion of the Sponsors, inappropriate or offensive, including any depiction of obvious or suspected cruelty to animals, or that was submitted by an ineligible entrant or otherwise not in compliance with these Official Rules. The Sponsors reserve the right to use information submitted on entry forms to notify authorities of suspected animal abuse.

WINNER DETERMINATION AND ODDS OF WINNING

1.   At the end of the Sweepstakes Period, five (5) prize winners will be chosen through random selection. Odds of winning a Prize depend on the total number of eligible entries received during the Sweepstakes Period.

2. Once 5 entrants have been selected for the Prizes, each (the “Selected Entrant”) will be contacted by email or phone beginning March 5, 2018. If any Selected Entrant cannot be contacted or does not respond within two (2) business days after being contacted, or declines the Prize, then an alternate round of entrants will be selected by random drawing. This process will be repeated up to 3 total rounds, if necessary. If all prizes have not been claimed after the 3^rd round, any unclaimed prizes will be forfeited.

2a.       Any incorrect contact information that prevents the Sponsors from being able to reach a potential winner will  cause the Prize to be forfeited and Sponsors will then attempt to contact an alternate entrant as described above.

2b.       If a Selected Entrant is determined by the Sponsors, in the Sponsors’ sole discretion, to have failed to comply with these Official Rules, the Selected Entrant will be disqualified from this Sweepstakes and all related entries shall be deemed null and void. The confirmed winners will be announced on Pet Supermarket’s Facebook page on or around March 30, 2018, or you can inquire at customerservice@petsupermarket.com after that date.

3. Each Prize will be mailed to the confirmed winners by way of USPS or other available carrier to the address provided by the winner.
4. In order to be declared a winner, the Selected Entrant must sign a declaration of compliance with these Official Rules and a release (including a publicity release) releasing Facebook, each of the Sponsors, and each of their affiliates, and each of their respective officers, directors, shareholders, employees, representatives, agents, successors and assigns (collectively, the “Released Parties”) from and against any and all claims or causes of action, including but not limited to, personal injury, death, 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 or any portion thereof, return any required documents (including the declaration of compliance and release) within the 2 business day time period specified above and otherwise comply with these Official Rules. Failure to do so will cause the prize to be forfeited.
5. ENTRY CONDITIONS AND RELEASE AND INDEMNITY: By entering this Sweepstakes, you agree as follows:

(a)        to comply, fully and unconditionally, with and be bound by these Sweepstakes Official Rules and the decisions of the Sponsors which are binding and final in all matters relating to this Sweepstakes;

(b)       to release, indemnify and hold harmless Facebook, each of the Released Parties from any liability, claim or damage (including but not limited to personal injury, bodily injury, disability, death, identity theft, privacy and defamation actions, property damage and loss or damage of any other kind) arising directly or indirectly, in whole or in part, from or in connection with this Sweepstakes or your participation in this Sweepstakes or in any sweepstakes-related activities, or any breach by you of your obligations, or any use, collection, storage and disclosure of your personal information, or, if declared a winner, the Prize (including the use and misuse of the Prize); and each entrant waives all rights to claim punitive, incidental and consequential damages, legal fees or damages.

(c)        to indemnify and hold each of the Released Parties harmless in the event it is discovered that you have departed from or not fully complied with any of these Official Rules. This release and indemnity shall continue in force following the termination of the Sweepstakes and/or the awarding of the Prize.

 

6. GENERAL:

(a)        Neither the Sponsors nor their affiliates assume any responsibility or bear any liability whatsoever in any way for (i) any participation in this Sweepstakes; (ii) any entries that are delayed, stolen, misdirected, lost, destroyed or damaged; (iii) any failure or slowdown of programs or software supporting, connected to or related to this Sweepstakes; (iv) any problems or technical malfunctions of any kind, including without limitation computer systems, servers, equipment or software, however caused; or (v) any inability of any winner to accept a Prize for any reason.

(b)       Should there be a dispute over the identity of a Selected Entrant, an online entry will be declared as entered by the authorized account holder of the Facebook account which is used at the time of entry, and the Selected Entrant may be required to provide identification to show that he/she is the authorized account holder of such Facebook account. In addition, anyone found to use multiple accounts to enter this Sweepstakes will be ineligible.

(c)        The Sponsors reserve the right to modify, amend, withdraw, or terminate this Sweepstakes and to modify these Official Rules at any time without prior notice, subject to applicable laws. Changes to these Official Rules will be posted online at www.facebook.com/petsupermarket. All Sweepstakes entries become the property of the Sponsors and its affiliates and none will be returned. This Sweepstakes is subject to applicable federal, state or municipal laws and regulations. The Prizes are not transferable or convertible to cash and must be accepted as awarded.

(d)       Sponsors reserve the right, in their sole discretion, to disqualify any individual found 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, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law.  The Sponsors failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

(e)        The Sponsors are not responsible for typographical or other errors in the offer or administration of this Sweepstakes, including but not limited to errors in advertising, these Official Rules, the selection and announcement of winners, or the distribution of the Prizes.

(f)        Participant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes 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 State of Florida, U.S.A.; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (iii) under no circumstances will participant be permitted to obtain awards for another individual and participant 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 participant and the Sponsors in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Florida, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of Florida, U.S.A. or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida, U.S.A.

7. Personal information collected in connection with this Sweepstakes will be used for the purposes of administering the Sweepstakes, including communicating with potential winners, and otherwise as described in these Official Rules and in Pet Supermarket’s Privacy Policy available at: https://www.petsupermarket.com/privacy-policy/ or in Merrick Pet Care’s Privacy Policy available at https://www.merrickpetcare.com/privacy-policy. In addition, you agree to allow your name, your pet’s name (if you wish to provide same), your city and state of residence, and your comments, to be displayed on the Sponsors’ websites and/or social media platforms and/or other such marketing materials prepared by the Sponsors.
8. 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 Sponsors and not to Facebook. The information you provide will only be used for purposes of administering this Sweepstakes and for the other purposes mentioned in these Official Rules and in accordance with the Sponsors’ privacy policy noted above.
9. Winners’ List: For winners’ names and Prize details, send a self-addressed, stamped envelope, along with a request to “PET SUPERMARKET GET FRESH KISSED SWEEPSTAKES 2018”, 1100 International Parkway, Sunrise, FL, 33323. Requests must be received by April 28, 2018. A full list of the winners will be made available online at http://www.petsupermarket.com/getfreshkissedsweepstakes on or around March 30, 2018.
10. Fresh Kisses™ is a trademark of Merrick Pet Care, Inc., PO Box 9800 Amarillo, Texas 79105-9800.
11. For questions regarding this Sweepstakes, these Official Rules or the Prizes, please contact us at customerservice@petsupermarket.com.
12. Sponsor: The Sponsor of this Sweepstakes is Pet Supermarket, Inc., 1100 International Parkway, Sunrise, FL 33323 and Merrick Pet Care, Inc., PO Box 9800 Amarillo, Texas 79105-9800.