RULES AND REGULATIONS
This contest (“Contest”) is open to all legal residents of Canada, who have reached the age of majority in their Province of residence, as of 9:00 a.m. Eastern Standard Time (“EST”) on November 2, 2015 (excluding residents of Newfoundland, Quebec, and the Territories). You must have internet access and a valid Facebook account to enter this Contest. Entrants may be asked to provide proof of residency prior to being declared a winner. This Contest is not open to employees and franchisees of the PET VALU group (being “PET VALU, PAULMAC’S, BOSLEY’S by PET VALU, JACK’S PETS or TISOL PET NUTRITION & SUPPLY Stores”) or their agents and members of the immediate families of such franchisees, employees or agents and any person with whom such person is domiciled. This Contest is void where prohibited by law.
The Contest begins at or about 9:00 a.m. EST on November 2, 2015 and ends at or about 11:59 p.m. EST on November 30, 2015 (the “Contest Period”). The computer of Maximize Digital Media (the “Administrator”) is the official time keeping device for this Contest.
There are two (2) separate prizes available to be won as follows, one for each pet category:
1. FOR ENTRANTS WHO SUBMIT A PHOTO OF THEIR PET DOG, THE PRIZE WILL CONSIST OF:
(a) A chance for the winning photo to be featured on the packaging of a new recipe of Performatrin Ultra dog food to be developed in 2016. If the winning photo is found not to be sufficient or appropriate for the purposes of the packaging (as determined by Pet Valu Canada Inc. in its sole discretion), a new photo of the winner’s dog will be taken by a professional photographer at Pet Valu Canada Inc.’s (the “Sponsor’s”) expense, at a destination that is within a reasonable distance from the winner’s residence, and at a time mutually convenient to the winner and the Sponsor. The winning photo will appear on the complete size options of the bags for one (1) new Performatrin Ultra dog food recipe, as well as on or in marketing materials for the particular recipe, and Performatrin Ultra in general.
(b) A year’s supply of Performatrin Ultra dog food, comprised of twelve (12) vouchers, each voucher being redeemable for one (1) bag of any recipe of Performatrin Ultra dog food. The approximate retail value of the Prize is $600.00 (actual value may vary depending on the size of the bag and the type of Performatrin Ultra dog food selected by the winner). The vouchers may be subject to other terms and conditions, as specified on the face or back of each voucher. Each voucher is valid for a one-month period, beginning with the month of January 2016 and ending with the month of December 2016 and can only be redeemed at PET VALU store locations in Canada.
2. FOR ENTRANTS WHO SUBMIT A PHOTO OF THEIR PET CAT, THE PRIZE WILL CONSIST OF:
(a) A chance for the winning photo to be featured on the packaging of a new recipe of Performatrin Ultra cat food to be developed in 2016. If the winning photo is found not to be sufficient or appropriate for the purposes of the packaging (as determined by Sponsor in its sole discretion), a new photo of the winner’s cat will be taken by a professional photographer at the Sponsor’s expense, at a destination that is within a reasonable distance from the winner’s residence, and at a time mutually convenient to the winner and the Sponsor. The winning photo will appear on the complete size options of the bags for one (1) new Performatrin Ultra cat food recipe, as well as on or in marketing materials for the particular recipe, and Performatrin Ultra in general.
(b) A year’s supply of Performatrin Ultra cat food, comprised of twelve (12) vouchers, each voucher being redeemable for one (1) bag of any recipe of Performatrin Ultra cat food. The approximate retail value of the Prize is $600.00 (actual value may vary depending on the size of the bag and the type of Performatrin Ultra cat food selected by the winner). The vouchers may be subject to other terms and conditions, as specified on the face or back of each voucher. Each voucher is valid for a one-month period, beginning with the month of January 2016 and ending with the month of December 2016 and can only be redeemed at PET VALU store locations in Canada.
FOR BOTH PRIZES: The Prize must be accepted as awarded, without substitution, and is not redeemable for cash. No refunds or exchanges. Sponsor reserves the right, in its sole discretion, to substitute all or any part of a prize for one of equal or greater value at its sole discretion, or its monetary equivalent. In the event that a prize or any part of a prize (including the development and release of a new Performatrin Ultra cat or dog food and its packaging) is delayed, postponed, cancelled or otherwise unavailable for any reason, the balance of the prize (if any) will be awarded in full satisfaction of that prize and Sponsor is not responsible for providing any replacement for the postponed, cancelled or unavailable component. Any unused portion of the prize is forfeited and has no cash value.
HOW TO ENTER
To enter, go to www.facebook.com/petvalu during the Contest Period, and complete all required fields on the online registration form, and submit a photo of your cat or dog.
The required fields on the registration form include: your full name, province, postal code, email address, phone number, pet type and pet’s name. There is a limit of one (1) entry per pet throughout the Contest Period. Any attempt by any participant to enter more often than the allowed one (1) entry per pet by using multiple/different email addresses, identities, registrations and logins, or any other methods, will disqualify that participant’s subsequent entries. Entries must be received before the Contest Period expires. Each fully completed entry together with the pet photo will be an “entry” for purposes of the Contest, and only fully completed entries that otherwise comply with these Rules and Regulations will be accepted and eligible for entry into the Contest. Entries generated by a script, macro, bot or any other automated means will be deemed void. Entries that are mechanically reproduced, copied, incomplete, or inaccurate are void. Entrants will be prompted to share their submissions by posting to Facebook. Photos submitted by entrants may be posted to the online gallery located at: [https://a.pgtb.me/kL87Fm]. Entrants will have the option to select whether or not they wish to receive PET VALU news, updates, promotions by email or other electronic messaging from the Sponsor relating to pet ownership, products sold and services provided at PET VALU stores.
PHOTO SUBMISSION GUIDELINES
Entrants must adhere to the following photo submission guidelines:
Only digital photo submissions will be accepted. Photos must be submitted electronically as a high resolution image, and must be at least 3,000 pixels wide (horizontal format). The maximum file size is 3 MB. All photos must be in .jpg format. Photos must be in colour only.
Permitted digital modifications:
• Images may be cropped and rotated as necessary as long as the rectangular format is maintained and the size is within the specifications set out above
• Images may be resized as long as the aspect ratio is maintained
• Red-eye removal and spot editing
• Use of filters to sharpen, soften, blur, despeckle or remove noise
• Use of corrective functions to improve the natural appearance of the image, such as levels, contrast, brightness, curves, intensity, tone, hue, saturation, lightness, value, colour balance and tint
• No borders or frames may be added to images
• No watermarks, signatures or copyright notices may be added to images
• Artistic filters are not permitted
Only original photos that have never previously been submitted for entry into a contest or awarded a prize in a previous contest are eligible to win a Prize.
Photos must feature only one (1) pet. Only photos of dogs or cats are eligible.
The Sponsor reserves the right in its sole discretion to remove and to disqualify any photo that contains any content that is, in the sole discretion of the Sponsor, 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 Rules and Regulations. The Sponsor reserves the right to use information submitted on entry forms to notify authorities of suspected animal abuse.
Eligible photos will be displayed on PET VALU’s Facebook page.
All submissions will be filtered by the Administrator from December 1, 2015 to December 8, 2015 to ensure the photo submission guidelines are met. Photos that do not meet the guidelines set out above shall be disqualified and removed from the Contest. During this period entrants may be asked to provide proof of residency and submissions shall also be screened by the Administrator for eligibility to ensure that entrants have reached the age of majority in their province of residence.
For all photos submitted into the Contest, you must at the time of entry into the Contest: (i) be the owner of the pet in the photo submitted; (ii) be the sole owner of all right, title and interest (including copyright and moral right) in and to the photo submitted; and (iii) if the 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. The pet depicted in the photo and all rights to said photo must belong to you.
WINNER DETERMINATION AND ODDS OF WINNING
1. Odds of winning one (1) of the two (2) Prizes depend on the total number of eligible entries received during the Contest Period for the relevant category and the entrant’s score relative to other entrants in the same category (dogs or cats).
2. Two (2) winning photos (one of a dog and one of a cat) will be chosen by a panel of judges made up of representatives of the Administrator and the Sponsor. Photos will be scored and assessed based on the visual appeal of the pet and impact of the photo taking into consideration packaging requirements. Winners will be notified by email and/or by telephone during the period December 14, 2015 to December 23, 2015 and the winners will be announced on December 29, 2015 at approximately noon.
3. The part of the Prizes consisting of vouchers will be sent by courier to the confirmed winners.
4. In order to be declared a winner, each selected entrant must: (i) sign a declaration of compliance with the Rules and Regulations and a release (including a publicity release) and an assignment of copyright in the winning photo (as described below); (ii) return any required documents (including any required releases and permissions); and (iii) otherwise comply with the Rules and Regulations. Each selected entrant will have four (4) business days within which to sign and return the required document or notification to Sponsor. If Sponsor does not receive the selected entrants required document or notification, Sponsor will send a reminder email or telephone call requesting the return of the required document or notification within one (1) business day. Sponsor will make no more than one (1) attempt to remind the selected entrants by email and/or by telephone. If the selected entrant with the photo with the highest score is not able to be contacted or does not return the required document or notification, then the Sponsor will attempt to contact the entrant with the next highest score. 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. If any required document or notification is not received by the Sponsor within the specified time, or the entrant does not otherwise comply with these Rules and Regulations, the entrant is disqualified and forfeits the prize and another entrant will be selected to win the prize in accordance with the Rules and Regulations.
5. All decisions of the judges and the Sponsor are final and binding in all matters relating to this Contest. Winners will receive no compensation, credit or prize other than as disclosed in these Rules and Regulations.
6. ENTRY CONDITIONS AND RELEASE AND INDEMNITY: By entering this Contest, you agree as follows:
(a) fully and unconditionally, to comply with and be bound by these Contest Rules and Regulations and the decisions of the Sponsor which are binding and final in all matters relating to this Contest;
(b) to release, indemnify and hold harmless Facebook, each of the Sponsor and its affiliates, franchisees and related third parties, advertising and promotional agencies and each of their respective shareholders, directors, officers, employees, agents, dealers, representatives, successors and assigns (collectively, the “Released Parties”) from any liability, claim or damage (including but not limited to personal injury, bodily injury, disability, death, copyright infringement, identity theft, privacy and defamation actions, misappropriation of likeness 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 Contest or your participation in the Contest or in any contest-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);
(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 Rules and Regulations. This release and indemnity shall continue in force following the termination of the Contest and/or the awarding of any Prize;
(d) the Sponsor has your consent and authorization to use the photo you submitted as well as your name(s), city, province in advertising or promotions or other such purposes or uses by the Company worldwide, in any and all media now known or hereafter devised, including without limitation, the internet, without compensation or payment and without further notification or permission, except where required by law;
(e) for all photos submitted by you into the Contest, you must at the time of your entry into the Contest be the sole owner of all right, title and interest (including copyright and moral rights) in and to the photo, and, if the 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;
(f) you hereby grant to Sponsor a worldwide, irrevocable, transferable, royalty-free, perpetual license to use, produce, reproduce, create derivative works from, modify, publish, display, distribute, broadcast, communicate to the public by telecommunication or circulate the pet photo you have submitted (including on any product packaging), in whole or in part, and to sub-license any such rights. You hereby waive all moral rights that you may have in the pet photo for the benefit of Sponsor and its successors, assigns, and licensees;
(g) if you are a winner, for a period of no more than one (1) year after you are declared a winner, you agree to co-operate with the Sponsor by making yourself and your pet available at a mutually agreeable time and place, in the event a further professional photograph of your pet is required, if the Sponsor, in its sole discretion, determines that your winning photo is not suitable (for whatever reason) to be used for purposes of the packaging. Such professional photo shoot will be at Sponsor’s cost. A copy of such professionally taken photo will be provided to you as a keepsake;
(h) if you are a winner, you agree to (i) assign to the Sponsor all rights, title and interest in the winning photo (or any replacement photo taken by the Sponsor) including, without limitation, your copyright interest, and (ii) waive your moral rights, and (iii) to confirm such assignment and waiver in writing as requested by the Sponsor.
1. Neither the Sponsor nor its affiliates assumes any responsibility or bears any liability whatsoever in any way for (i) any participation in this Contest; (ii) the awarding, acceptance, use, misuse, possession, loss or misdirection of the Prize; (iii) any entries that are delayed, stolen, misdirected, lost, destroyed or damaged; (iv) any failure or slowdown of programs or software supporting, connected to or related to this Contest; (v) any problems or technical malfunctions of any kind, including without limitation computer systems, servers, equipment or software, however caused; (vi) any inability of any winner to accept a Prize for any reason; or (vii) any claim or loss attributable to the Prize awarded in this Contest. Sponsor shall not be obliged to use, retain or return any of the photos submitted.
2. The Sponsor reserves the right to modify, amend, withdraw, or terminate this Contest and to modify these Rules and Regulations at any time without prior notice, subject to applicable laws and, where pertinent, approval of local jurisdictions. Changes to these Rules and Regulations will be posted online at: www.facebook.com/petvalu. All Contest entries become the property of the Sponsor and its affiliates and none will be returned. This Contest is subject to applicable federal, provincial or municipal laws and regulations. Prizes are not transferable or convertible to cash and must be accepted as awarded.
3. The Sponsor is not responsible for typographical or other errors in the offer or administration of this Contest, including but not limited to errors in advertising, these Rules and Regulations, the selection and announcement of winners, or the distribution of the Prizes.
4. Any claim or legal action arising or occurring with respect to the Contest, or the awarding, acceptance, use, or misuse of the Prizes, shall be governed exclusively by Ontario law, and shall be resolved exclusively in either the federal or provincial courts located in Toronto, Ontario.
7. For questions regarding this Contest, these Rules and Regulations or the Prizes, please contact us at email@example.com.
8. Sponsor: The Sponsor of the Contest is Pet Valu Canada Inc., 130 Royal Crest Court, Markham, Ontario, L3R 0A1.
® Registered trademarks of Pet Valu Canada Inc.
* Each of these is a trademark of Pet Valu Canada Inc.