Pet Supermarket, Inc.
PET SUPERMARKET’S LUCK OF THE PAW INSTANT WIN GAME 2019
NO PURCHASE NECESSARY TO PLAY OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED. THE INSTANT WIN GAME (DEFINED BELOW) IS INTENDED FOR THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT PLAY IF YOU ARE NOT ELIGIBLE OR IF YOU ARE LOCATED OUTSIDE THE UNITED STATES AT THE TIME OF PLAY. THIS PROMOTION IS NOT SPONSORED BY, ENDORSED BY, ADMINISTERED BY OR OTHERWISE ASSOCIATED OR AFFILIATED WITH FACEBOOK. PARTICIPATION IN THE INSTANT WIN GAME IS SUBJECT TO THESE OFFICIAL RULES AT ALL TIMES.
1. PET SUPERMARKET’S LUCK OF THE PAW INSTANT WIN GAME 2019 (the “Instant Win Game”) is open only to residents of Alabama, California, Florida, Georgia, Kentucky, Nevada, North Carolina, South Carolina, Tennessee and Texas who are 18 years of age (or the age of majority in their state of residence, whichever is older) or older. THIS INSTANT WIN GAME IS VOID WHERE PROHIBITED BY LAW. This Instant Win Game is subject to all applicable federal, state, and local laws and regulations. Participation in the Instant Win Game constitutes participant’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 Instant Win Game. Winning a prize is contingent upon fulfilling all requirements set forth herein. You must have internet access, a valid email address and a Facebook account to enter this Instant Win Game.
2. This Instant Win Game is not open to employees and agents of Pet Supermarket, Inc. (the “Sponsor”) and/or its affiliate(s), subsidiaries, employees and agents, or anyone domiciled with such person (defined for these Official Rules as spouses, parents, children, siblings, and each of their respective spouses, regardless of where they reside) or individuals living in the same household (whether related or not) of any of the above are not eligible to participate. Participants may be asked to provide proof of identity and/or residency prior to being declared a winner.
3. The Instant Win Game begins at or about 9:00 a.m. Eastern Time (“ET”) on March 1, 2019, and ends at or about 11:59 p.m. ET on March 17, 2019 (the “Promotion Period”). The computer of Maximize Digital Media (the “Administrator”), an agent of the Sponsor, is the official time keeping device for this Instant Win Game.
HOW TO ENTER
4. No purchase necessary. Visit www.facebook.com/petsupermarket during the Promotion Period and click on the tab entitled “Luck of the Paw Instant Win Game”. Before playing, you need to complete the online registration form including your first and last name, email address, phone number, city and state and click “Spin the Wheel” in order to play the Instant Win Game. This will entitle you to one (1) Instant Win Game play. Your Instant Win Game play will notify you if you are a potential winner of one (1) of the Instant Win Game prizes.
5. There is a limit of one (1) Instant Win Game play every twenty-four (24) hours throughout the Promotion Period. Any attempt by any participant to enter more often than the allowed one (1) play per person per 24 hour period by using multiple/different email addresses, Facebook accounts, identities, registrations and logins, or any other methods, will disqualify that participant’s subsequent plays. Individuals must play before the Promotion Period expires. Only fully completed plays that otherwise comply with these Official Rules will be accepted and eligible for an Instant Win Game prize. Plays generated by a script, macro, bot or any other automated means will be deemed void. Plays that are mechanically reproduced, copied, incomplete, or inaccurate are void. 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.
PRIZE; ODDS OF WINNING
6. There are seventeen (17) total prizes available to be won, each consisting of one (1) $50.00 USD PET SUPERMARKET Gift Card redeemable at any PET SUPERMARKET store location. Gift Cards are subject to applicable terms and conditions and do not expire. The prize must be accepted as awarded, without substitution, and is not redeemable for cash. No cash value. No refunds or exchanges. Each prize shall be referred to hereafter as a “Prize” and, collectively, as the “Prizes”.
7. TOTAL APPROXIMATE RETAIL VALUE OF ALL PRIZES: $850.00 USD.
8. FOR ALL PRIZES: 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 comparable 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.
WINNER DETERMINATION AND ODDS OF WINNING
9. The odds of being selected as a winner depend on the total number of eligible plays during the Promotion Period.
10. There will be seventeen (17) random, computer-generated winning times during the Promotion Period. If you are the first player to play the Instant Win Game at or after one of the randomly-generated times, you will be a potential instant winner of a prize in the Instant Win Game. The potential winner(s) will be notified by email and/or by telephone during the week of March 17, 2019, and the potential winner(s) will be announced on or around April 30, 2019. Potential winner(s) may be required to complete an affidavit including a publicity release within the time specified on such form. In the event a potential winner cannot be contacted, fails to return the completed affidavit within the time specified, or otherwise is not in compliance with these Official Rules, then that potential winner will be disqualified (and will forfeit the Prize) and an alternate potential winner will be selected in his/her place in a random drawing from among all remaining eligible plays, up to 3 alternates. If the alternate potential winners are disqualified, the applicable prize will not be awarded.
11. At the option of the Sponsor, the Prize will be sent by FedEx or another carrier to each winner.
12. Sponsor reserves the right, in its sole discretion, to modify, suspend, or cancel the Instant Win Game, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Instant Win Game, as determined by Sponsor in its sole discretion. In such event, Sponsor will select the winner(s) from the eligible plays received prior to the modification, suspension, or cancellation. In no event will more than the stated number of prizes be awarded. Sponsor agrees to take such action in a fair and appropriate manner.
13. By entering the Instant Win Game, participants agree to (i) abide by these Official Rules and the decisions of the Sponsor which shall be final and binding, and (ii) waive all rights to claim punitive, incidental and consequential damages, legal fees or damages.
14. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE INSTANT WIN GAME. A PLAYER IS NOT A WINNER OF ANY PRIZE, EVEN IF THE INSTANT WIN GAME SHOULD SO INDICATE OR EVEN IF PLAYER RECEIVES AN EMAIL MESSAGE SAYING HE OR SHE WON, UNLESS AND UNTIL PLAYER’S ELIGIBILITY, AND THE POTENTIAL WINNER HAS BEEN VERIFIED AND PLAYER HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE INSTANT WIN GAME SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY, IS VOID, AND WILL NOT BE HONORED.
15. BY RECEIPT OF ANY PRIZE, WINNER AGREES TO RELEASE AND HOLD HARMLESS SPONSOR, FACEBOOK, INC. AND ANY PROMOTIONAL PARTNERS, OF EACH OF THEIR PARENT, SUBSIDIARY, AFFILIATE AND RELATED COMPANIES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY THE “RELEASED PARTIES”) FROM AND AGAINST ANY LOSSES, DAMAGES, RIGHTS, CLAIM OR CAUSE OF ACTION OF ANY KIND ARISING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, OUT OF PARTICIPATION IN THE INSTANT WIN GAME OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE INSTANT WIN GAME, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
16. The Released Parties are not responsible for: (i) any incorrect or inaccurate information, whether caused by participants or by any of the equipment or programming associated with or utilized in the Instant Win Game; (ii) unauthorized human intervention in any part of the process or the Instant Win Game; (iii) technical or human error which may occur in the administration of the Instant Win Game or the processing of Instant Win Game submissions, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iv), late, lost, undeliverable, or damaged mail; or (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Instant Win Game or receipt or use of any prize or while traveling to or from any prize-related activity. Each 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 any prize or this Instant Win Game including but not limited to quality, condition or fitness for a particular purpose. No more than the stated number of prizes will be awarded.
17. 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 Instant Win Game 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 participant’s submission or undermine the legitimate operation of the Instant Win Game 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.
18. By accepting a prize, each 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 or display participant’s name, likeness, biographical information, submission and any other information or materials provided by participant, in any and all media now known or hereinafter devised (including, but not limited to, petsupermarket.com or any of PET SUPERMARKET’s social media platforms), 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).
19. Participant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Instant Win Game 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 playing this Instant Win Game but in no event attorneys’ fees; and (iii) under no circumstances will participant be permitted to obtain awards for 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 Sponsor in connection with the Instant Win Game, 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.
21. This Instant Win Game is subject to all applicable federal, state and local laws and regulations.
22. For winner details, send a self-addressed, stamped envelope, along with a request to “Luck of the Paw Instant Win Game 2019”, PET SUPERMARKET, 1100 International Parkway, Sunrise, FL, 33323. Requests must be received by May 15, 2019. A full list of the winners will be made available online at www.petsupermarket.com/luckofthepaw/ and on Facebook on or around April 30, 2019.
23. Sponsor: The Sponsor of the Instant Win Game is Pet Supermarket, Inc., 1100 International Parkway, Sunrise, FL, 33323
This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Information is being provided to Sponsor, not Facebook.