Pet Valu US 2020 Casting Call Rules and Regulations

OFFICIAL RULES AND REGULATIONS

PET VALU 2020 CALENDAR CASTING CALL CONTEST

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW. THIS CONTEST IS NOT SPONSORED BY, ENDORSED BY, ADMINISTERED BY OR OTHERWISE ASSOCIATED OR AFFILIATED WITH FACEBOOK, PINTEREST OR TWITTER.

This contest (“Contest”) is open to all legal residents of Connecticut, Delaware, Indiana, Kentucky, Maryland, Massachusetts, Michigan, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Virginia, and West Virginia, who have reached the age of majority in their state of residence, as of 9:00 a.m. Eastern Time (“ET”) on June 1, 2019. You must have internet access and a valid email address 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 Sponsor, including the PET RETAIL BRANDS group (being PET VALU, JACK’s PETS, and PET SUPERMARKET) or their agents and members of the immediate families of such employees or agents and any person with whom such person is domiciled.

THIS CONTEST IS VOID WHERE PROHIBITED BY LAW. The Contest is subject to all applicable federal, state, and local laws and regulations. Participation in the Contest 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 Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. You must have internet access and a valid email address and Facebook account to enter this Contest.

CONTEST PERIOD

The Contest begins at or about 9:00 a.m. ET on June 1, 2019, and ends at or about 11:59 p.m. ET on July 13, 2019 (the “Contest Period”). The Contest Period will consist of three (3) parts: (a) Beginning on June 1, 2019, at 9:00 a.m. ET and ending on June 30, 2019, at 11:59 p.m. ET (the “Entry Period”) and (b) beginning on July 1, 2019, at 12:00 a.m. ET and ending on July 6, 2019, at 11:59 p.m. ET (the “Judging Period”); and beginning on July 7, 2019, at 9:00 a.m. ET and ending on July 14, 2019, at 11:59 p.m. ET (“Voting Period”). The computer of Maximize Digital Media, an agent of the Sponsor, is the official time keeping device for this Contest.

PRIZES

Thirteen (13) pet photos will be selected to be featured in the 2020 Calendar to be made available at PET VALU and JACK’s PETS stores. Each of twelve (12) of such pet photos will be featured as a “Pet of the Month” and one (1) pet photo will be featured on the front cover of the 2020 Calendar (each, a “Prize”, and collectively, the “Prizes”). Winners of the photo contest will receive no prize beyond that described above. Prizes have no retail or monetary value. 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 a prize of equal or greater value.

HOW TO ENTER

To enter, go to facebook.com/petvaluUS during the Entry Period, and complete all required fields on the online registration form, and submit a pet photo.

The pet need not belong to you. However, if the pet does not belong to you, you must have the written permission of the pet’s owner to enter the photo into the Contest. If an individual other than you is pictured in the photo you must have the written permission of the individual or, if the individual is a minor, the written permission of the parent or legal guardian of the individual, to enter the photo in the Contest. You must, upon request of the Sponsor, provide the Sponsor with evidence of any required written permissions in a form acceptable to and within the time required by the Sponsor.

The required fields on the registration form include: your full name, state, zip code, email address, phone number, pet type and pet’s name. There is a limit of one (1) entry per pet throughout the Entry Period. A photo depicting more than one (1) pet will count as one entry for each of the pictured pets – but such photo depicting more than one (1) pet will only be entitled to one (1) coupon. All entries must comply with the Photo Submission Guidelines below set forth.

As our thanks for entering the Contest, all entrants will receive a one-time Thank You coupon by email and on the screen following submission. The coupon shall be worth $5.00 off a minimum purchase of $40.00 or more, before any applicable taxes, at any participating PET VALU and JACK’s PETS stores in the United States. The coupon cannot be combined with any other offer and is not valid on grooming services. The coupon will be valid June 1– July 31, 2019.

Any attempt by any entrant 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 entrant’s subsequent entries from a chance to win a Prize. Entries must be received before the Entry 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 offered the choice to share their submissions by posting to Facebook, Twitter and/or Pinterest. Photos submitted by entrants will be posted to the online gallery located at: www.facebook.com/petvaluUS. Entrants will have the option to select whether or not they wish to receive PET VALU-US 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. No printed photos and/or black and white photos 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 allowed is 10 MB. All photos must be in .jpg format. Photos must be in color only, and must be appropriate for printing as an 8.5” x 11” inch horizontal print, as winning photos will be printed and featured in the 2020 Calendar to be made available at PET VALU and JACK’s PETS stores.

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, color balance and tint

Not Permitted:

· 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

In addition to the requirements set forth elsewhere herein, each 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;
Disparage Sponsor or any person or party affiliated with the Contest and administration of this Contest;
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; or
Contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where submission is created.

All submissions will be filtered by Maximize Digital Media and Pet Valu US from the start of the contest until June 30, 2019, to ensure the photo submission guidelines are met. Photos that do not meet the guidelines set out above shall be disqualified from judging and will not be eligible to win a spot in the 2020 Calendar – though disqualified photos may remain in the gallery for the duration of the Contest. During this period entrants may be asked to provide proof of residency and submissions will also be screened by Maximize Digital Media and Pet Valu US for eligibility to ensure that entrants have reached the age of majority in their state of residence.

Incomplete or inaccurate online entries are void. Entries become the property of Sponsor and will not be acknowledged or returned. Any non-complying Entry will subject the entrant to disqualification in Sponsor’s sole discretion.

The Sponsor reserves the right to disqualify any photo that contains any content that, in the sole discretion of the Sponsor, is inappropriate or offensive, including any depiction of obvious or suspected cruelty to animals, or that was submitted by an ineligible entrant or is 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.

WINNER DETERMINATION

1. Judging Period. During the Judging Period, photos will be assessed by a panel of qualified judges, selected by Sponsor in its sole discretion, based on the following judging criteria: pet diversity, regional representation, seasonal appropriateness, composition, content, originality, technical quality and visual impact. Sponsor’s judges will choose the Top 50 finalists based on the aforementioned judging criteria. That Top 50 finalists will be uploaded to Sponsor’s Facebook page and at this link [ https://castingcall.pgtb.me/6gLZsx ] for customers to vote for their favorites. The photos will be divided into three (3) pet categories (each, a “Pet Category”): cat, dog, and small pet.

2. Voting Period. During the Voting Period, participants may vote one (1) time per Pet Category per 24-hour period. Any attempt by any participant to enter more times than the allowed one (1) vote per Pet Category per 24-hour period by using multiple/different email addresses, identities, registrations and logins, or any other methods, will disqualify that participant’s subsequent votes. You may not entice visitors to vote for your entry by offering any type of consideration, gift, award, or inducement, including merchandise, cash, online currency, discounts, vote trading or anything deemed to have value in exchange for votes. Use of personal social media accounts, blogs and websites to direct visitors to the voting site is permissible. Sponsor reserves the right to eliminate or disregard any or all votes cast by visitors in excess of stated limits or otherwise not in accordance with the Official Rules. The top seven (7) photos in the dog Pet Category, top four (4) photos in the cat Pet Category, and top two (2) in the small pet Pet Category with the most valid votes will be considered the potential winners and will be featured in Sponsor’s 2020 Calendar. All Pets of the Month potential winners, as well as the front cover winner which will be the pet, from any Pet Category, with the highest number of valid votes, will be notified by email and/or by telephone starting the week of July 15, 2019. In the event of a tie in the voting, the Entry that scores the highest overall score during the initial judging phase will be deemed a potential winner. The confirmed winners will be announced on Pet Valu’s Facebook page on or around July 23, 2019. Sponsor reserves the right to select fewer or no winners if the quality or quantity of eligible entries is insufficient.

3. 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, grant and waiver confirming the terms of Sections 4 and 5 below); (ii) provide a release signed by each individual other than the entrant who is pictured in the selected photo, or if the individual is a minor, the individual’s parent or legal guardian; (iii) return any required documents (including any required releases and permissions); and (iv) otherwise comply with the Rules and Regulations. Each selected entrant will have two (2) business days within which to sign and return the required documentation to Sponsor. If Sponsor does not receive the selected entrants required documentation, Sponsor will send a reminder email or telephone call requesting the return of the required documentation 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 cannot be contacted, provides incorrect contact information, or does not respond within two (2) business days, or declines the Prize, then the entry with the next highest score will be selected as the potential winner. 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 documentation 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.

4. 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.

5. ENTRY CONDITIONS AND RELEASE AND INDEMNITY: By entering this Contest, you agree to (a) fully and unconditionally comply with and be bound by these Rules and Regulations and the decisions of the Sponsor which are binding and final in all matters relating to this Contest and (b) release, indemnify and hold harmless each of the Sponsor, Facebook, Inc., and each of their respective 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, any Prize (including the use and misuse of any Prize). You will 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.

6. COPYRIGHT GRANT AND WAIVER

For all photos submitted to the Contest, entrants must at the time of entry into the Contest: (i) be the sole owner of all right, title and interest (including copyright and moral rights) in and to the photo; and (ii) 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.

By entering a photo into the Contest, you grant Sponsor 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 Sponsor’s websites, and Sponsor’s (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 Sponsor includes the right of Sponsor (but not the obligation of Sponsor) to (1) post the entry on Sponsor’s websites; (2) use the entry to promote Sponsor’s current and future marketing campaigns or initiatives; (3) edit, modify, format, or adapt the entry for Sponsor’s purposes and use such revised version to the same extent as the original entry; and (4) use the entry for advertising and promotional uses, including but not limited to the 2020 Calendar to be made available at PET VALU and JACK’S PETS stores. You hereby waive your moral rights, if any, in and to your photo in favor of Sponsor, and you hereby agree to confirm such grant and waiver in writing at the request of the Sponsor. You hereby confirm your understanding that you shall not receive any compensation, monetary or otherwise, from the Sponsor in this regard.

GENERAL

1. The Released Parties are not responsible for: (i) any incorrect or inaccurate information, whether caused by entrants or by any of the equipment or programming associated with or utilized in the Contest; (ii) unauthorized human intervention in any part of the entry process or the Contest; (iii) technical or human error which may occur in the administration of the Contest or the processing of Contest submissions, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; or (iv) 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 Contest or receipt or use of the 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 the Prize or this Contest including but not limited to quality, condition or fitness for a particular purpose. No more than the stated number of prizes will be awarded.

2. Neither the Sponsor nor the Released Parties assumes any responsibility or bears any liability whatsoever in any way for (i) any participation in this Contest; (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 Contest; (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.

3. For all photos submitted into the Contest, entrants must at the time of entry into the Contest either: (i) be the sole owner of all right, title and interest (including copyright and moral rights) in and to the photo; or (ii) 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.

4. 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. Changes to these Rules and Regulations will be posted online at facebook.com/petvaluUS. 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.

5. 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 Contest or to be acting in violation of these Rules and Regulations 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 Contest 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 Rules and Regulations shall not constitute a waiver of that provision.

6. 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.

7. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest or the 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; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and (iii) 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 Contest, shall be governed by, and construed in accordance with, the laws of Commonwealth of Pennsylvania, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Pennsylvania or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania.

8. Personal information collected in connection with this Contest will be used for the purposes of administering the Contest, including communicating with potential winners, and otherwise as described in these Rules and Regulations and in PET VALU’s Privacy Policy available at: http://us.petvalu.com/privacy‐policy. In addition, you hereby agree to allow your name, your city and state of residence, the address of your local PET VALU or JACK’s PETS store, your pet’s name, photo of your pet and comments (including fun facts about your pet) to be displayed on the PET VALU website (us.petvalu.com), the 2020 Calendar, and/or the PET VALU Facebook page (www.facebook.com/petvaluUS) and/or related social media and/or published in the COMPANION magazine and other such marketing materials prepared by the Sponsor without additional compensation if your entry is declared a winner. Please note that the Sponsor uses Maximize Digital Media (the “Administrator”), a third party service provider to help administer this Contest and the Administrator is required by agreement with the Sponsor to comply with applicable privacy laws. This Contest is run using the Short Stack marketing application. Personal information collected by Short Stack is subject to its privacy policy found at: http://www.shortstack.com/privacy-policy/. The Administrator and Short Stack are located in the United States of America (“U.S.A.”). Therefore any personal information submitted by you in connection with this Contest may be stored on servers located in the U.S.A.

9. Sponsor: The Sponsor of the Contest is Pet Valu Inc., 489 Devon Park Drive, Wayne, PA 19087.

10. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or Pinterest. Information is being provided to Sponsor, not Facebook, Twitter or Pinterest.

11. For questions regarding this Contest, these Rules and Regulations or the Prizes, please contact us at USmarketing@petvalu.com.

12. Winners’ List: For the winners’ names, send a self-addressed, stamped envelope, along with a request to “Pet Valu 2020 CALENDAR CASTING CALL CONTEST”, Attn: Marketing Department, Pet Valu Inc., 489 Devon Park Drive, Wayne, PA 19087. Requests must be received by September 1, 2019.