MERRICK PET CARE “BACKPACKING WITH BACKCOUNTRY” CONTEST TERMS & CONDITIONS
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 21 YEARS OF AGE OR OLDER AT TIME OF ENTRY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. INTERNET ACCESS, A VALID E-MAIL ADDRESS, AND PHOTO UPLOADING CAPABILITY REQUIRED.
1. SPONSOR AND ADMINISTRATOR: This Contest is sponsored by Merrick Pet Care, Inc., PO Box 9800, Amarillo, Texas 79105-9800 (“Sponsor”). The Contest Administrator is Backpacker.com (“Administrator”).
2. CONTEST DESCRIPTION: The Merrick Pet Care “BACKPACKING WITH BACKCOUNTRY” Contest (the “Contest”) is a contest conducted on the Backpacker.com Website at www.backpacker.com (the “Site”) in order to select the winner. Persons who submit entries to the Contest that meet the eligibility requirements, below, are referred to herein as “Contestants.” The Contest gives Contestants an opportunity to share their dogs out on an outdoor adventure. There will be one (1) Grand Prize Winner.
3. CONTEST PERIOD: The Contest begins at 12:01 AM Eastern Time (ET) on July 6, 2015 and ends 11:59 PM ET on August 31, 2015 (the “Contest Period”). The computer and website of Sponsor (defined below) is the official time and record keeping device of the Contest. The winners will be announced the week of September 21, 2015.
4. ELIGIBILITY: Contest is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least twenty-one (21) years of age or older at time of entry, and who meet all other requirements herein. Void where prohibited or restricted by law.
Limit one (1) winner per household.
Employees of Sponsor, including individuals who have previously been employed by Sponsor at any time within the past twelve (12) months, or any of Sponsor’s parent companies, subsidiaries, affiliates, divisions, licensors, licensees, advertising and promotion, fulfillment, and related entities and prize suppliers (collectively “Contest Entities”), and their immediate families and/or those living in the same household are not eligible to enter or win. For purposes of this Contest, “immediate families” are defined as spouses, parents, step-parents, children, step-children, siblings, step-siblings, grandparents, and their respective spouses, regardless of where they reside.
5. HOW TO ENTER: Contestants must (i) go to the Site; (ii) and upload at least one (1) photo of their pet to the Site according to the specifications below. There is no daily or overall limit on the number of entries per Contestant during the Contest Period.
6. PHOTO SPECIFICATIONS: All photo submissions should be in a JPEG or PDF file format with a maximum 3 megabytes. The photos that you upload must be your sole creative work and must not incorporate ideas or work of any other person or material that would require the consent of a third party in any jurisdiction. The photos must include only your pet, you and/or the pet’s parent/owner and no other subjects. Without limitation, the photos must not infringe or violate any trademark, copyright, publicity right, privacy or any other right of any other person or entity, under any applicable law. By submitting an entry, you represent and warrant to Sponsor that the entry and everything depicted in the photos are wholly original and do not infringe upon or otherwise violate any right of any person, entity, or any law, rule or regulation. Violation or breach of these representations or warranties may void your entry in Sponsor’s sole discretion and subject you to penalties and damages under applicable law. By entering the Contest, you agree that Sponsor may post your photo, image, likeness, copy or any part thereof on the Site, on Sponsor’s website, in its retail stores or any other promotional or media outlets. Sponsor does not guarantee the posting of any photo. You understand that your name and biographical data (as entered on the entry form) may also be posted on the Site, in its retail stores or any other promotional or media outlets in connection with the Contest and used by Sponsor or any of its affiliates for the purpose of demographic studies, marketing research, third party vendor product and service development, contact information and promotions.
7. PHOTO RESTRICTIONS: No entry, whether a photo, may contain, as determined by Sponsor, 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 Sponsor or Administrator, or their respective products or services or other people, products or companies; • Contains trademarks, logos or trade dress (such as distinctive packaging or phraseology) owned by any entity; • Contains copyrighted materials owned by any entity (including photographs and other works of art or images); • Contains any personal identification, such as personal names, street or email addresses, or phone numbers other than Sponsor; • Violates or encourages the violation of any law, rule or regulation; • Contains materials embodying the names, likenesses or other indicia identifying any person, 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; and/or • Communicates messages or images inconsistent with the positive image and/or goodwill to which Sponsor wishes to associate.
By entering this Contest, you agree and consent to Sponsor’s collection, use and retention of your submitted photo, and personal information as disclosed to Sponsor for all purposes related to this Contest and the promotion of Merrick products (including, but not limited to, processing and administering entries, sharing an entrant’s personal information with Sponsor’s and/or Administrator’s service providers and contractors as necessary to conduct and operate this Contest, communicating with and awarding prize to winner, making public announcements about winner, using pictures of winner and/or his or her dog(s), and advertising, promoting and publicizing this Contest and Merrick products in any and all media without further compensation).
All entries become the property of Sponsor and will not be returned or acknowledged. You will take all further acts necessary to effectuate the intent of these Terms & Conditions, including, without limitation, executing and delivering to Sponsor, all such agreements, contracts and any other documents to confirm Sponsor’s ownership of the entries and Contest Materials.
8. VOTING AND PRIZES: Public voting on the photos entered into the Contest will take place on the Site during the Contest Period. Contestants can share their photos from the minute they are uploaded to the site. Voting is open the entire campaign, and whoever has the most votes at the end of the campaign is the winner. There is no limit to the number of votes that may be submitted or received for each Contestant entry during the Contest Period. Contestants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, but not limited to, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion.
9. GRAND PRIZE: One (1) Grand Prize Winner will receive a one year supply of Merrick Backcountry (wet and dry) consisting of one gift certificate redeemable for Merrick Backcountry dog food (wet or dry or any combination). The gift card is valued at up to $750.00. The Grand Prize Winner will also receive a package of assorted, non-pet food Merrick merchandise, to be determined in Sponsor’s sole discretion. The Grand Prize may not be transferred or credited if the Grand Prize Winner chooses not to use the Grand Prize.
The winner will be notified via email and will be given instructions on how to claim prizes. Three (3) attempts will be made to contact the Grand Prize Winner within a five (5) day period. The Grand Prize Winner will be required to sign and return an Affidavit of Eligibility and a Liability and Publicity release within fourteen (14) days of notification or prizes will be forfeited. If the Grand Prize Winner fails to respond within the five (5) day period, or if a contact attempt is consistently returned as undeliverable, or if the Grand Prize Winner cannot accept or receive the Grand Prize for any reason within fourteen (14) days, or s/he is not in compliance with these Terms & Conditions, the Grand Prize will be forfeited.
Sponsor reserves the right to substitute prizes of equal or lesser value. No other substitutions of prize permitted.
10. GENERAL: 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 Sponsor’s sole discretion. The winner will be solely responsible for paying all applicable federal, state and local taxes on prizes. If applicable, the winner may receive an IRS Form 1099 for the prize retail value. All Registered Trademarks and logos used in conjunction with this Contest are the intellectual property of their respective owners and are used by permission.
11. LIMITATIONS OF LIABILITY: No responsibility or liability is assumed by the Sponsor or Administrator for technical problems or technical malfunctions arising in connection with any of the following occurrences which may affect the operation of the Site; hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers or hosts; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Site in whole or in part for any reason; traffic congestion on the Internet or Site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, viruses, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of any account used in connection with the Contest. Sponsor is not responsible for any typographical errors in the announcement of prizes or these Terms & Conditions, or any inaccurate or incorrect data contained on the Site, including without limitation, the number of entries received in any particular account, or any personal injury or property damage or losses of any kind which may be sustained to user’s or any other person’s computer equipment resulting from participation in the Contest, or use of or download of any information from the Site. Use of the Site is at your own risk. Without limiting the foregoing, everything on the Site is provided “as is” without any warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties; check your local laws for any restrictions regarding these limitations or restrictions. ALL WINNERS, ON BEHALF OF THEMSELVES, THEIR EXECUTORS, HEIRS AND ASSIGNS, BY ACCEPTANCE OF A PRIZE, AGREE TO RELEASE SPONSOR, ADMINISTRATOR, FROM ANY AND ALL LIABILITY, CLAIMS OR ACTIONS OF ANY KIND WHATSOEVER FOR INJURIES, DAMAGES OR LOSSES OF ANY KIND TO PERSONS OR PROPERTY WHICH MAY BE SUSTAINED IN CONNECTION WITH THE PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN OR TRAVELING TO AND/OR FROM ANY PRIZE-RELATED ACTIVITY IN CONNECTION WITH THE CONTEST OR OTHERWISE.
12. SUSPENSION / MODIFICATION / TERMINATION: Sponsor shall have the right to modify, suspend, or terminate the Contest at any time for any reason whatsoever, at the sole discretion of Sponsor. Sponsor reserves the right to modify, suspend, or terminate the Contest (including, without limitation, make changes to these Terms & Conditions) without notice.
13. GOVERNING LAW / LIMITATION OF LIABILITY: VOID WHERE PROHIBITED OR RESTRICTED BY LAW. All federal, state, and local laws and regulations apply. By participating, Contestants agree to be bound by the Terms & Conditions and the decisions of the Sponsor, which are final and binding in all respects. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms & Conditions or the rights and obligations of Contestants, Sponsor, or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
BY ENTERING THE PROMOTION, CONTESTANT AGREES THAT: (i) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (ii) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (iii) UNDER NO CIRCUMSTANCES WILL ANY CONTESTANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND CONTESTANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (iv) CONTESTANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND CONTESTANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
14. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Terms & Conditions, the Affidavit of Eligibility, and/or any other documentation will not affect the validity or enforceability of any other provision. In the event that any provision of the Terms & Conditions, the Affidavit of Eligibility, and/or any other documentation is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Terms & Conditions will not constitute a waiver of that provision. Contestant agrees to waive any rights to claim ambiguity of these Terms & Conditions. Headings are solely for convenience of reference and will not be deemed to effect in any manner the meaning or intent of the documents or any provision hereof.
15. ADMINISTRATOR AND/OR SPONSOR’S DECISIONS ARE FINAL AND BINDING ON ALL MATTERS.
Caution: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
16. WINNER’S LIST: For the names of the Prize winners, available after September 21 2014, visit www.backpacker.com.
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