OFFICIAL RULES AND REGULATIONS
Get Fresh Kissed Contest
NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM PRIZES. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
This contest (“Contest”) is open to all legal residents of CT, DE, IN, KY, MA, MD, MI, NJ, NY, OH, PA, RI, VA, and WV, who have reached the age of majority in their state of residence, as of 9:00 a.m. Eastern Time (“ET”) on February 1, 2018. 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 agents, employees and franchisees of the Sponsors, including, without limitation, agents, employees and franchisees of the PET VALU group (being PET VALU and JACK’S PETS), and members of the immediate families of, or persons domiciled with, such agents, or employees
This Contest is void where prohibited by law.
This Contest is sponsored by Pet Valu, Inc. (“Pet Valu”), 489 Devon Park Drive, Wayne, PA 19087, and by Merrick Pet Care, Inc. (“Merrick”), PO Box 9800, Amarillo, Texas 79105-9800 (collectively, the “Sponsors”). The Contest Administrator is Maximize Digital Media (the “Administrator”).
The Contest begins at 9:00 a.m. ET on February 1, 2018 and ends at 11:59 p.m. ET on February 28, 2018 (the “Contest Period”). The computer of the Administrator is the official time keeping device for this Contest.
There are five (5) prizes available to be won (each a “Prize” and, collectively, the “Prizes”). Each Prize consists of a one (1) year supply of Merrick FRESH KISSESTM dog dental treats provided by way of twelve (12) gift vouchers, each of which is redeemable for one (1) box (23-27 oz) of Merrick FRESH KISSESTM dog dental treats. Each gift voucher is valued at up to $29.99 USD. Total retail value of each Prize is approximately $359.99 USD. FRESH KISSESTM is a registered trademark of Merrick Pet Care.
The gift vouchers are only redeemable in the United States at PET VALU and JACK’s PETS stores (locations can be found at us.petvalu.com/store-locator).
HOW TO ENTER
To enter, during the Contest Period, go to one of the entry portals operated by Pet Valu located at facebook.com/petvaluUS. Follow the prompts to find the Contest application, complete all required fields on the online registration form, and submit a pet photo and suitable caption (of 200 characters or less).
The photo, and the pet depicted in the photo, must belong to you. If an individual other than you is pictured in the photo, you must have the permission of that individual or, if the individual is a minor, you must have the permission of the parent or legal guardian of the minor, to enter the photo in the Contest. You must, upon request of the Sponsors, provide the Sponsors with evidence of any required permissions in a form acceptable to and within the time required by the Sponsors. Your photo must also comply with the Photo Submission Guidelines below.
The required fields on the Contest application include: your full name, state, email address, phone number, and pet’s name. There is a limit of one (1) entry per person throughout the Contest Period. Any attempt by any entrant to enter more often than is permitted by these Rules and Regulations, including by using multiple/different Facebook accounts, email addresses, identities, registrations and logins, or any other methods, will result in disqualification of all of the entrant’s entries. Entries must be received during the Contest Period. Each fully completed entry together with the pet photo and caption 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 draw for a Prize. 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 may choose to share their submissions by posting to Facebook, Twitter and/or Pinterest. Photos submitted by entrants will be placed into a ‘Get Fresh Kissed’ digital frame featuring the logos of both Sponsors and may be posted to the online gallery located at:[MAXIMIZE TO SUPPLY].
As our thanks for entering the Contest, all entrants will receive by email a one-time “Thank You” coupon and a digital link to their framed entry photo. The coupon is valid for 20% off the purchase of Merrick FRESH KISSES™ dog dental treats from March 1-31, 2018 redeemable at any of the PET VALU group of stores located in the United States. The coupon cannot be combined with any other offer.
PHOTO SUBMISSION GUIDELINES
Entrants must adhere to the following photo submission guidelines (“Photo Submission Guidelines):
All photo submissions must be:
- in a JPEG file format.
- entrant’s sole creative work.
Photo submissions must not contain, as determined by Sponsors and/or Administrator, in its sole discretion, any content that:
- Is sexually explicit, obscene, suggestive, pornographic, or contains nudity;
- Is violent or derogatory of any ethnic, racial, gender, religious, professional or age group, or endorses any form of hate or hate group;
- Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous;
- Is profane or offensive;
- Defames, misrepresents or contains disparaging remarks about Sponsors, Administrator, or Sponsors and/or Administrator’s products or services or other people, products or companies;
- Contains trademarks, logos or trade dress (such as distinctive packaging or phraseology) owned by any third-party;
- Contains copyrighted materials owned by any third-party (including photographs and other works of art or images);
- Contains any personal information, such as personal names, street or email addresses, or phone numbers;
- Violates or encourages the violation of any law, rule or regulation;
- Contains materials embodying the names, likenesses or other indicia identifying any person, other than the entrant (unless appropriate consents have been obtained as described above), including, without limitation, celebrities and/or other public or private figures, living or dead;
- Promotes any particular political party, agenda or message;
- Depicts animal cruelty (Sponsors reserve the right to report suspected animal cruelty to appropriate authorities);
- Communicates messages or images inconsistent with the positive image and/or goodwill with which Sponsors wish to associate;
- Violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement; and/or
- Is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where submission is created.
By submitting a photo in the Contest, entrant represents and warrants to the Sponsors that the photo complies with these Photo Submission Guidelines. The Sponsors reserve the right to disqualify any photo that does not comply with these Photo Submission Guidelines.
WINNER DETERMINATION AND ODDS OF WINNING
The odds of winning a Prize depend on the total number of eligible entries received during the Contest Period.
Pet Valu will randomly select five (5) entries from among all eligible entries received during the Contest Period. The draw will take place on or about the week of March 5, 2018. Pet Valu will make reasonable attempts to contact selected entrants using the contact information provided on the Contest application.
In order to be declared a winner, the selected entrant must: (i) sign and return a declaration of compliance with the Rules and Regulations and a release (including a liability and publicity release); (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; and (iii) otherwise comply with the Rules and Regulations. Each selected entrant will have three (3) business days within which to sign and return the required documentation to Pet Valu. If the selected entrant cannot be contacted, does not provide the required documentation within the time specified, or declines the Prize, the Sponsors reserve the right to disqualify that entrant and select a new potential winner from among 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 Sponsors run out of eligible entries, whichever occurs first.
- ENTRY CONDITIONS AND RELEASE AND INDEMNITY: By entering this Contest, you agree to (a) fully and unconditionally comply with and be bound by these Official Rules and Regulations and the decisions of the Sponsors which are binding and final in all matters relating to this Contest and (b) release, indemnify and hold harmless each of Facebook, Inc., the Sponsors, the Administrator and each of their 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.
- COPYRIGHT GRANT AND WAIVER
By entering a photo into the Contest: (i) you hereby grant to the Sponsors an irrevocable, non-exclusive, paid-up, worldwide license to reproduce, translate, communicate, distribute, edit, adapt, copy and otherwise use all or any part of the photo for any purpose relating to the Contest, or any other advertising or promotion by the Sponsors or their affiliates; and (ii) you hereby waive your moral rights, if any, in and to your photo in favour of 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.
- Neither the Sponsors nor their affiliates 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.
- The Sponsors reserve 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: [MAXIMIZE TO PROVIDE]. All Contest entries become the property of the Sponsors and none will be returned. This Contest is subject to applicable federal, state or municipal laws and regulations. Prizes are not transferable or convertible to cash and must be accepted as awarded.
- Sponsors reserve the right, in their sole discretion, to disqualify any individual they find 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, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors’ failure to enforce any term of these Rules and Regulations shall not constitute a waiver of that provision.
- The Sponsors are 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.
- All issues and questions concerning the construction, validity, interpretation, and enforceability of the Rules and Regulations, or the rights and obligations of the Prize winner and the Sponsors in connection with the Contest, shall be governed by, and construed in accordance with the laws of the State of Pennsylvania and the laws of the United States applicable therein, without regard to conflicts of law principles. This Contest is subject to all Federal, State, and Municipal laws having jurisdiction.
- No cash substitutions will be provided and no transfer of any Prize to a third-party is permitted. Submissions of entries will be accepted at Sponsors’ and/or Administrator’s sole discretion. All trademarks and logos used in conjunction with this Contest are the intellectual property of their respective owners and are used by permission.
- This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. Information is being provided to Sponsors, not Facebook.
- For questions regarding this Contest, these Rules and Regulations or the Prizes, please contact us at email@example.com.