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2023 Pet Stuff, LLC PAWscape Pet Resolution Contest Rules and Regulations
CONSUMER DISCLOSURE
THIS IS A BINDING CONTRACT. YOUR CONTINUED PARTICIPATION AS AN ENTRANT, OR WINNER IN THE PROGRAM (AS DEFINED BELOW) IN ANY MANNER SIGNIFIES YOUR ACCEPTANCE AND AGREEMENT TO THESE RULES, THE TERMS OF USE AND THE PRIVACY POLICY IN WHATEVER FORM THEY MAY CURRENTLY EXIST. AS SUCH, PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.
THESE RULES GOVERN WHAT CLAIMS YOU CAN BRING, WHAT DAMAGES YOU CAN CLAIM, AND HOW DISPUTES BETWEEN YOU AND THE CONTEST ENTITIES RELATING TO YOUR PARTICIPATION AS AN ENTRANT, OR WINNER (COLLECTIVELY, A “PARTICIPANT”) IN THE PROGRAM WILL BE RESOLVED. THE SECTIONS OF THESE RULES TITLED “WAIVER AND LIMITATIONS OF LIABILITY” AND “DISPUTE RESOLUTION” EXPLAIN WHAT CLAIMS YOU ARE WAIVING, WHAT DAMAGES YOU CAN CLAIM, AND CONTAIN AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION, WHICH STATES THAT YOU AND THE PROGRAM ENTITIES (EACH A “PARTY” AND, COLLECTIVELY, THE “PARTIES”) MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND/OR JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER, OR OTHERWISE ON BEHALF OF OTHERS, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
PLEASE NOTE THAT THE DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY, AND GOVERNING LAW, WAIVER AND DISPUTE RESOLUTION SECTIONS CONTAIN IMPORTANT LIMITATIONS ON OUR LIABILITY AND OUR AGREEMENT TO ARBITRATE FOLLOWING THE LAWS OF ILLINOIS ONLY.
GENERAL NOTICE
NO PURCHASE, DONATION, OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS COMPETITION.
It is not necessary for individuals submitting entries on behalf of their legally owned cat or dog (each an “Entrant” and collectively, the “Entrants”) to pay an entry fee, or tender payment of any kind to enter the Contest. Contest entry open only to individual pet owners that are eighteen (18) years of age or older (“Eligible Entry Age”), at the time of entry. Further eligibility restrictions are listed below.
By entering this Contest, Entrants accept and unconditionally agree to abide by and be bound by these rules (the “Rules”), the Terms of Use, Privacy Policy, and any decision(s) of Operator. Internal voting will decide the winner(s) from those Entrants that have been selected to participate in the Contest and the Prizes (defined below) will be awarded in accordance with these Rules. Any violation of the Rules or the Terms of Use, at Operator’s sole discretion, may result in disqualification. All decisions of Operator regarding the Contest are final and binding in all respects.
ALL DATES SET FORTH IN THESE OFFICIAL RULES ARE APPROXIMATE. OPERATOR RESERVES THE RIGHT TO EXTEND ANY DEADLINES. ALL ENTRIES AND ANY OTHER MATERIALS SUBMITTED (INCLUDING BUT NOT LIMITED TO SUBMITTED PHOTOGRAPHS) BECOME THE SOLE PROPERTY OF OPERATOR AND WILL NOT BE RETURNED OR ACKNOWLEDGED. INVALID, FALSE, OR DECEPTIVE ENTRIES, VOTES, OR PROFILES SHALL RENDER THOSE ENTRIES OR PROFILES INELIGIBLE.
ELIGIBILITY AND CONSENT
All Entrants must be the legal owner of the entered cat or dog and of Eligible Entry Age, at the time of entry and throughout the duration of the Competition. Void where prohibited or otherwise restricted by applicable law.
Officers, directors, and/or employees of Operator and Operator’s parent companies, Pet Stuff, LLC, along with their respective immediate family members (defined as spouse, parent, child, sibling) are ineligible to participate in the Contest..
Operator reserves the right, in its sole and absolute discretion, to deem an Entrant ineligible to enter or participate in the Contest, at any time and for any reason whatsoever, including due to the Entrant inability to fulfill any obligation(s) as a Winner (as defined below), as required by Operator and these Rules. By entering the Contest, Entrants agree to Operator’s use of their name, biographical information, and Submitted Photographs (as defined below), for both online and offline direct marketing purposes in connection with the Contest.
NOTICE: YOU HAVE NOT YET WON.
HOW TO ENTER
- To enter, stop by your Pet Stuff local store during Pet Nutrition Week, which runs from January 16th until January 22nd, 2023.
- To find your local Pet Stuff store visit: https://petstuff.com/find-your-local-bentleys/
- Visit our 2023 PAWscape Pet Resolution Station in-store.
- Scan the QR code to enter your pet’s information and create your pet’s 2023 resolution.
- Then on the dry erase board, write the resolution and take a picture and upload it to Facebook or Instagram with the #pawscapepetgoal2023.
- You can also just share your pets’ resolution with their picture, and tag it on Facebook or Instagram with #pawscapepetgoal2023.
- We will select five lucky dog’s and five lucky cat’s to be our 2023 brand ambassadors, and we will help you reach your pet’s resolution.
- The prizes can vary from food, to supplements, to grooming but will be used in-store on our products and/ or services.
- Winners will be notified by February 2nd, 2023.
- Prize value will be up to a maximum of $50 per month for the months of February 2023 until December 2023 per pet and will be in the form of food, supplements, treats or in-store services.
- If your pet is chosen, we will require monthly updates on the progress of reaching their resolution by the 7th of each month to continue receiving monthly incentives.
- We do require updates once reviewed by the Operator to also be shared by the winner on their social media pages tagging all applicable brands.
- Competition open only to legal owners of cats or dogs.
- Limit 1 Entrant/ Resolution per pet.
- The entered cat or dog must be alive at the time of entry.
- Entrants must provide all information requested and if selected as a Brand Ambassador, they must provide photographs of their cat or dog that conform to the specifications required below (the “Submitted Photographs”).
- Entrants are required to submit no less than one (1) photograph of the Entrant’s legally owned cat or dog. Entrant’s cat or dog must appear in all Submitted Photographs.
- Submitted Photographs must not infringe or violate any right of any third party or entity, including but not limited to copyright, right of publicity, and right of privacy.
- Please check with the photographer and anyone appearing in the photographs, to make sure that you have the right to submit the photographs. Submitted photos should not contain obscene or otherwise offensive content. The determination of whether any image exhibits obscene or offensive content is at the sole discretion of Operator. False, deceptive, or incomplete entries or information provided by Entrants at any point relating to the Contest may render the entry ineligible, regardless of when the problem is discovered.
- Upon submitting an entry form, Entrant agrees that Operator may contact the Entrant, including via email message, text message or phone, for any purpose relating to the Contest, including to request resubmission of one or more of the Submitted Photographs and/or to request that the Entrant submit additional images (“Additional Photographs”).
- Entrants/Competitors may contact Operator or reply “STOP”, to withdraw consent to be contacted via email message, or text message, at any time.
- While Entrants may have assistance in entering data and uploading the Submitted Photographs, Entrants must otherwise complete the entry forms themselves. As set forth in greater detail below, submission of photographs and entry in the Competition constitutes consent to the use of the Submitted Photographs on the Website and digital apps, and otherwise in connection with Operator, the Competition, and its affiliated Competition partner brands, and in any and all media now known or hereafter discovered, for the full duration of the copyright in the applicable Submitted Photographs. By entering this Contest, Entrant represents and warrants that they are of Eligible Entry Age and own or control all necessary rights in the Submitted Photographs to grant Operator the rights described herein.
- Submission of a qualifying entry grants Operator and its representatives and agents the right to publish, use, adapt, edit, and/or modify such entry in any way, in all media, without limitation and without consideration to Entrant. Submission of an entry further constitutes Entrant’s consent to irrevocably assign and transfer to Operator all rights, title, and interest in the entry, including, without limitation, all copyrights reserved.
- After entering the Contest, the Submitted Photographs may be placed on the Website, where they may be viewed by visitors to the Website. Entrants may be requested to submit Additional Photographs for publication on the Website, so long as such images do not display offensive content, are not obscene (as determined in the sole discretion of Operator), and do not infringe upon the rights of any person or entity, including but not limited to copyright, right of publicity, and right of privacy.
NOTIFICATION TO WINNERS/ BRAND AMBASSADORS
Winners will be notified by email, telephone, or other means reasonably calculated to provide notice, including but not limited to via email message, phone or text message by February 2nd, 2023. Entrants consent to a background check that may be performed, at the sole discretion of the Operator, to verify information provided by Entrants/Competitors and compliance with these Rules, or for other reasons related to the Competition.
By agreeing to appear as the winner of the Contest each Winner consents to the use of their name, photos/videos (including the photo shoot, filming, interview, etc.), and/or likenesses for advertising and trade purposes in connection with the brand, including without limitation, in print and digital materials in the United States, in any and all media known or hereinafter discovered, without territorial or time limitations and without additional compensation, except where prohibited.
ANCILLARY PROMOTIONS
Operator reserves the right in its sole and absolute discretion to conduct additional promotions during the Competition (each, if any, an “Ancillary Promotion”, and collectively, the “Ancillary Promotions”). Ancillary Promotions, if any, may be conducted in a manner that may or may not be related to elements of the Competition.
Prior to conducting, and throughout the duration of, any such Ancillary Promotion, Operator will provide the following information about any such Ancillary Promotion:
- Who can enter such Ancillary Promotions (e.g., Competitors only, Voters, the public, and/or combination of two or more of the foregoing categories);
- The entry period for such Ancillary Promotion.
- How and when the winner(s) of such Ancillary Promotion will be selected; and
- The prize(s) to be awarded to the potential winner(s) of such Ancillary Promotion, and all terms, conditions, and restrictions applicable to the use or redemption, of any such prize(s).
Examples of Ancillary Promotions may include, but are not limited to, promotions related to incentivizing individuals to enter the Contest during a designated period. In addition to any specific Ancillary Promotion Rules, these Rules, to the extent applicable, shall govern the Ancillary Promotions.
CONDUCT
FAILURE TO COMPLY WITH THESE RULES AND/OR THE TERMS OF USE MAY RESULT IN DISQUALIFICATION. Operator reserves the right, in its sole discretion, to take action against any individual participating in the Contest, including removal from the Program for reasons including: (a) acting in any manner deemed by Operator to be in violation of these Rules or the Terms of Use (b) acting in any manner deemed by Operator to be harmful to the Contest, Brand, etc.; or (c) acting in any manner deemed by Operator to be unsportsmanlike, disruptive, and/or with intent to annoy, abuse, threaten, or harass any other person/entity. Operator also reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with or undermining the entry or voting process(es), the operation of the Competition, or to be in breach of these Rules and/or the Terms of Use, ANY ACTION BY AN ENTRANT, OR ANY OTHER INDIVIDUAL, WHICH DAMAGES OR UNDERMINES THE LEGITIMATE OPERATION OF THE CONTEST N MAY BE IN VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND, SHOULD SUCH ACTION BE TAKEN, OPERATOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON, TO THE FULLEST EXTENT PERMITTED BY LAW.
REQUIREMENTS AND CONSENT OF WINNER(S)
Any potential Winner will be required to execute an affidavit of eligibility, a liability/publicity release, Contest release, and other documents (“Prize Claim Documents”). If any Potential Winner fails or refuses to sign and return all Prize Claim Documents within fourteen (14) days of the delivery of prize notification(s), the Potential Winner may be disqualified, and an Alternate Winner may be determined/selected. If you are selected as a Pet Brand Ambassador (each a “Winner”), you consent to your information being included in a publicly available “Winner’s List”. Except where prohibited, acceptance of a prize constitutes the Winner’s irrevocable consent to Operator, its agents, successors, and assigns or other designee’s use of the Winner’s name, likeness, photograph, voice, statement, opinions, biographical information, prize and/or state/city of residence for advertising, promotional and publicity purposes in any and all media or format, worldwide, in perpetuity, without any permission, notification, payment or consideration, except for the awarding of the prizes to the Winner. Operator is not responsible for any failure to notify Operator of any change in address of Entrant(s), By accepting a prize, the Winner agrees to maintain their behavior in accordance with all applicable laws and generally accepted social practices while participating in any Competition activity, including but not limited to participation in or use of a prize. The Winner understands and further agrees that Operator has the right, in its sole discretion, to disqualify and/or remove the Winner from any activity at any time, if Operator determines that the Winner’s behavior at any point is disruptive or inappropriate, or may or does cause damage to person, property, or the reputation of Operator, or otherwise violates the policies of the prize providers.
WAIVER AND LIMITATIONS OF LIABILITY
PARTICIPANTS (TO INCLUDE ENTRANTS AND WINNERS) AGREE THAT, IN NO EVENT, SHALL OPERATOR, PROMOTION ENTITIES, COMPETITION SPONSORS, OR ANY PRIZE PROVIDER (COLLECTIVELY THE “COMPETITION ENTITIES”), WHICH INCLUDES THE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS OF EACH, BE LIABLE OR OBLIGATED TO AN ENTRANT, VOTER, WINNER, OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND IN ANY WAY RELATED TO THE PROGRAM, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, ATTORNEYS’ FEES AND ARBITRATION COSTS. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.
ALL PARTICIPANTS RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE PROGRAM ENTITIES FROM AND AGAINST ANY AND ALL LIABILITY, WITH RESPECT TO, OR IN ANY WAY ARISING FROM, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, THIS COMPETITION, PUBLICATION OR USE OF THE SUBMITTED PHOTOGRAPHS OR ADDITIONAL PHOTOGRAPHS, ENTRANTS’ NAMES AND LIKENESSES, AND/OR ACCEPTANCE, USE, MISUSE, LOSS, OR MISDIRECTION OF THE PRIZE, INCLUDING LIABILITY FOR PERSONAL INJURY, DEATH, DAMAGES, OR MONETARY LOSS. By participating in the Program, Participants further agree to release and hold harmless the Competition Entities from and against any claim: (a) of ambiguity or error in the Competition, these Rules, the Terms of Use or the Privacy Policy, (b) related to lost, late, incomplete, or misdirected entries; (c) for injuries, damages or losses (including death) of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse, use, loss, or misdirection of any prize, or participation in any Competition-related activity or participation in this Competition; (d) for copyright infringement or violation of the right of publicity based on use of the Submitted or Additional Photographs by Operator; or (e) due to any error in the offering or announcement of any prize.
PARTICIPANTS FURTHER AGREE THAT ALL DECISIONS OF OPERATOR SHALL BE FINAL AND CONCLUSIVE ON ALL MATTERS RELATING TO THE COMPETITION AND THAT THE COMPETITION ENTITIES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ENTRY INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTION, FAILURES, OMISSION, INTERRUPTION, DELETION, OR DEFECT OF ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEMS, COMPUTER EQUIPMENT, SERVERS, ACCESS PROVIDERS, OR SOFTWARE, INCLUDING ANY INJURY OR DAMAGE TO PARTICIPANTS OR ANY OTHER PERSONS’ COMPUTER RELATING TO OR RESULTING FROM PARTICIPATION IN THIS PROGRAM, INABILITY TO ACCESS THE ENTRY WEBSITE OR ANY PAGES THEREOF, THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF ENTRIES, ENTRY SUBMISSIONS THAT ARE PROCESSED LATE OR INCORRECTLY OR ARE INCOMPLETE, GARBLED, OR LOST DUE TO COMPUTER OR ELECTRONIC MALFUNCTION OR TRAFFIC CONGESTION ON THE INTERNET OR ANY WEBSITE. PROOF OF ENTERING INFORMATION ON THE WEBSITE IS NOT CONSIDERED PROOF OF DELIVERY OR RECEIPT.
PARTICIPANTS ACKNOWLEDGE AND AGREE THAT OPERATOR DOES NOT MONITOR FOR OFFSITE ACTIVITY AND IS IN NO WAY RESPONSIBLE FOR MANAGING OR CONTROLLING OFF-SITE ACTIVITY VIA SOCIAL MEDIA AND/OR OTHER THIRD-PARTY PLATFORMS, INCLUDING BUT NOT LIMITED TO NEGATIVE AND DISPARAGING CORRESPONDENCE BETWEEN ENTRANTS, COMPETITORS AND VOTERS, OFFSITE VOTE INCENTIVES, MISLEADING OR DECEPTIVE PROMOTIONAL TACTICS, OR ANY OTHER BEHAVIORS CONSIDERED TO BE MISLEADING OR UNSPORTSMANLIKE.
DISPUTE RESOLUTION AND MANDATORY ARBITRATION
You and Operator agree that any dispute or claim arising out of, or relating in any way to, the Competition, your participation in it, these Rules, the Terms of Use or the Privacy Policy including all issues concerning the construction, validity, interpretation, and enforceability of these Rules, Terms of Use, Entrant rights and obligations, the rights and obligations of Operator, or the extent of any waiver or release of claims by you, shall be settled by binding and unappealable arbitration administered by the American Arbitration Association, by operation of these Rules, in accordance with its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. ALL ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER, OR OTHERWISE ON BEHALF OF OTHERS, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
Claims shall be heard by a single arbitrator. The arbitration shall be governed by the laws of the State of Illinois. Each Party will, upon written request of the other Party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. Hearings will take place pursuant to the standard procedures of the Consumer Arbitration Rules, although the Parties can appear in person, by video, or telephonically. The standard provisions of the Consumer Arbitration Rules shall apply. The arbitrator will only have the authority to grant any remedy, relief, or outcome that the Parties could have received in court, except injunctive relief. If either Party in a suit seeks injunctive relief, the arbitrator will complete arbitration of the dispute, issue an award of monetary compensation (if any), and then the party seeking injunctive relief may file a new action in state or federal court solely for injunctive relief. The findings of fact and conclusions of law of the arbitrator shall not be submitted as evidence or constitute precedent in this subsequent suit. In addition, the prevailing Party will be entitled to recover its attorneys’ fees and arbitration costs. Except as may be required by law, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder, without the prior written consent of both Parties.
If any part of this arbitration provision is deemed to be invalid or unenforceable, then the remainder of this arbitration provision shall remain in full force and effect and shall be construed in accordance with its terms as if the invalid or unenforceable provision were not contained herein.
TERMINATION
If for any reason the Program cannot be executed as set forth in these Rules, including but not limited to, as a result of acts of God, acts of war, natural disasters, weather, pandemic or epidemic illness, disease, acts of terrorism, computer virus, tampering, unauthorized intervention, fraud, technical failures, or other factors that may corrupt or affect the security, administration, fairness, integrity or proper conduct of the Program, and/or if the Program is compromised or becomes technically corrupted in any way, electronically or otherwise, Operator reserves the right to cancel, terminate, suspend, and/or modify the Program with or without prior notice, and Operator shall not in any way be responsible or liable for any such cancellation, termination, suspension, and/or modification of the Program and/or any phase of the Program. Further, if the Program is terminated before the original end date, Operator reserves the right, in its sole discretion to modify the procedure for selecting the Winner(s), unless the nature of the event giving rise to such termination renders it impossible to select the Winner(s).
PROGRAM WITHDRAWAL REQUEST
By participating in the program, you understand that if you choose to withdraw from the program that can take up to seventy-two (72) hours to be processed and that a profile may still remain active during this length of time.
NO REFUND POLICY
Prizes will be given monthly in the form of product and/ or services and not refundable for cash.
SEVERABILITY
If any term or provision in these Rules, the Terms of Use or the Privacy Policy, is determined by a competent authority to be unenforceable, all other terms and provisions of these Rules, the Terms of Use or the Privacy Policy, shall continue in full force and effect.
CONTACT INFORMATION
If you have any questions or comments about the Contest as outlined above or would like to request the name of the winners, please contact email [email protected].
NO AFFILIATION
This Competition is not in any manner sponsored, endorsed, or administered by, or associated with, Facebook or Instagram, and is operated solely by Pet Stuff.