“HAPPY PAWLIDAYS” CONTEST
OFFICIAL RULES FOR THE FULL MOON® “HAPPY PAWLIDAYS” CONTEST
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, AND WHERE PROHIBITED. SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. BY SUBMITTING AN ENTRY, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM OR FACEBOOK.
1. Entry Period: The Full Moon® “Happy PAWlidays” Contest (“Contest”) begins at 12:00 AM Pacific Time (“PT”) on December 21, 2017 and ends at 11:59 PM PT on December 31, 2017 (“Contest Period”).
2. Eligibility: The Contest is open only to legal residents of the fifty (50) United States and the District of Columbia who are the age of majority or older in their jurisdiction of residence at the time of entry. Officers, directors and employees of Full Moon® (“Sponsor”) and its parents, subsidiaries, representatives, contractors, consultants, mandatories, affiliated companies, franchisees, advertising and promotional agencies, legal counsel, website providers, web masters, persons engaged in the development, production or distribution of materials for this Contest, and their immediate family members (parent, child, sibling, and spouse of each) and/or persons living in the same household as such officers, directors, and employees (whether related or not) are not eligible to enter or win a prize in this Contest. Entry into this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and to 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.
3. How to Enter: You may enter the Contest in one of two (2) ways during the Contest Period:
(i): go to the Full Moon® Instagram page at http://instagram.com/fullmoonpet and become a follower. Then post an original photograph of your dog(s) and include the hashtag #FullMoonPawlidays and tag @FullMoonPet in the post to receive one (1) entry. You must be a follower of Full Moon® on Instagram and include the #FullMoonPawlidays hashtag in your post and tag @FullMoonPet in your post in order for your entry to be eligible. If the post is made private, your entry will be disqualified. You must have an Instagram account to enter via this method. If you do not have an Instagram account, you may sign up for a free account at www.instagram.com. Text and data charges may apply if you are accessing Instagram from your mobile device to enter this Contest. Check your wireless carrier for mobile phone capabilities and pricing plan details. Note: If you stop following the Full Moon® Instagram account or deactivate your Instagram account at any time prior to the selection of the winner, as described below, your entry will be void. Multiple entrants are not permitted to share the same Instagram account.
Or, (ii) go to the Full Moon® Facebook page at https://www.facebook.com/FullMoonPet and view the Full Moon® “Pawlidays” Contest announcement post and/or subsequent Contest-related posts, then post a photo comment under any one of those original Contest-related posts (entries that are posted under an existing comment of an original post will be disqualified) with an original photograph of your dog(s) and include the hashtag #FullMoonPawlidays to receive one (1) entry. You must include the #FullMoonPawlidays hashtag in your photo comment in order for your entry to be eligible. You must have a Facebook account to enter via this method. If you do not have a Facebook account, you may sign up for a free account at www.facebook.com. Text and data charges may apply if you are accessing Facebook from your mobile device to enter this Contest. Check your wireless carrier for mobile phone capabilities and pricing plan details. Note: If you deactivate your Facebook account at any time prior to the selection of the winner, as described below, your entry will be void. Multiple entrants are not permitted to share the same Facebook account.
Entries received via either method described above will be referenced herein as each an “Entry”. The person who submits the Entry will be considered the entrant (“Entrant”). Submission of erroneous or incomplete informa-tion will void the submitted Entry. Limit one (1) Entry per person, per method of entry. You may enter once via Instagram and once via Facebook (as described above), for a total of two (2) Entries. If multiple Entries are received in excess of the stated limitation from any person during the Contest Period, only the first such Entry received from such person will be eligible for entry. Entrant consents to being contacted by direct message (“DM”) on Instagram or Facebook if selected as a potential winner. Entries will not be acknowledged or returned. Should multiple users of the same Instagram or Facebook account enter the Contest and a dispute thereafter arises regarding the identity of the Entrant, the authorized account holder of said Instagram or Facebook account at the time of entry will be considered the Entrant and required to comply with these Official Rules. The “authorized account holder” is the natural person assigned the said Instagram or Facebook account. The potential winner may be required to show proof of being the authorized account holder or forfeit the prize. Each online Entry submission must be manually key stroked and manually entered by the individual Entrant; automated and/or repetitive electronic submission of Entries (including but not limited to Entries made using any script, macro, bot or contest service) will be disqualified. All Entries must be in English. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.
Your Entry may not contain any content that the Sponsor, in its sole discretion, determines to:
(a) be vulgar, offensive, sexually explicit, profane or pornographic;
(b) be derogatory of any race, ancestry, place of origin, color, ethnic origin, citizenship, religion, sex, sexual orientation, age, marital status, family status or disability; endorses any form of hate or hate group; defames, misrepresents or contains disparaging remarks about other people, products or companies;
(c) be violent or promotes the use of alcohol, illegal drugs, tobacco, or weapons; promotes unsafe activities;
(d) be the previous recipient of any award;
(e) be previously published;
(f) promote any political agenda or message;
(g) appear to duplicate any other submitted Entry;
(h) contain copyrighted materials owned by others;
(i) contain third-party trademarks, logos, trade dress or insignia, except The PERDUE© materials (as defined below), including brand names of products;
(j) contain any personal identification, such as persons’ names, e-mail addresses, street addresses or license plate numbers;
(k) communicate messages inconsistent with the positive image of the Sponsor’s name and/or any of its brands;
(l) contain any material that violates or infringes another’s rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement;
(m) violate any law; or
(n) include or refer to any third parties, including but not limited to minors, celebrities and friends, who have not expressly authorized such inclusion or reference.
The Sponsor reserves the right to reject any Entry which Sponsor determines, in its sole and absolute discretion, does not meet the above criteria or is otherwise offensive or is not in keeping with the Sponsor’s image and reputation. Sponsor reserves the right to remove any Entry without prior notice.
If an Entry contains an identifiable person other than the Entrant who submitted the Entry, the Entrant represents and warrants that he/she has obtained the consent of such person to the use of the Entry as outlined herein and such person may be required to provide written consent to the Sponsor for its use of the Entry.
Entrants understand and agree that they shall retain all ownership rights in Entry; however, by submitting an Entry, Entrant acknowledges and agrees that for a period of ten (10) years, renewable at the Sponsor’s option, the Sponsor and its legal representatives, successors, and assigns shall have the irrevocable, worldwide right to license, sub-license, edit, alter, post, reproduce, publicly display and publish, use, adapt, exploit, modify or dispose of any Entry, in whole or in part, online, in print, film, television, or in any other media now or hereafter known throughout the world without compensation, permission or notification to Entrant or any third party, for any purpose whatsoever.
By submitting an Entry, you acknowledge and agree that Sponsor may obtain many submissions in this Contest and that your Entry may be similar or identical in theme, idea, format or other respects to others submitted in this Contest or other promotions sponsored by the Sponsor, or to other ideas conceived by or provided to Sponsor, and you waive any and all claims you have or may have, now or in the future, that any Entry and/or other works accepted, reviewed and/or used by the Sponsor (or its designees) are similar or identical to your Entry. Except where prohibited by law, you acknowledge and agree that the Sponsor does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to your Entry.
By entering, Entrants understand and agree that their Entry may appear at, or be re-posted on, the Full Moon® Instagram page at http://instagram.com/fullmoonpet and/or the Full Moon® Facebook page at https://www.facebook.com/FullMoonPet for public viewing during or after the conclusion of the Contest Period. Released Parties (as defined below) are not liable for the use of any Entry by any third party. Entrant acknowledges and agrees that Released Parties have no, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to any Entry.
4. Selection of Winners: All eligible Entries received during the Contest Period will be judged by a panel of judges selected by Sponsor based on the following criteria (“Judging Criteria”) to determine the Grand Prize and First Prize winners, subject to verification of eligibility and compliance with these Official Rules:
1) Creativity (50%)
2) Picture Quality (50%)
The Entrant with the highest score will be declared the potential Grand Prize winner. A total of one (2) Grand Prize winners will be selected. The ten (10) Entrants with the next highest scores after the Grand Prize winners will be declared the potential First Prize winners. A total of ten (10) First Prize winners will be selected.
In the event of a tie, an additional, “tie-breaking” judge will determine the winning Entry based on the Judging Criteria. Decisions of judges are final and binding. Sponsor reserves the right to not award any prize if, in its sole discretion, it determines it has not received any qualified eligible Entries during the Contest Period.
The potential Grand Prize and First Prize winners will be announced on January 1, 2017 on the Full Moon® Instagram page at http://instagram.com/fullmoonpet and the Full Moon® Facebook page at https://www.facebook.com/FullMoonPet. If any winner notification sent to a prize winner is undeliverable, if a response to any given winner notification is not received within seven (7) business days of date of its issuance, if a potential prize winner does not comply with these Official Rules, or if a potential prize winner is disqualified for any reason, the prize may be forfeited and, at Sponsor’s discretion, awarded to the eligible Entry with the next highest score based on the Judging Criteria. Each potential prize winner may be required to execute and return an affidavit of eligibility and a liability release and, where legal, a publicity release (“Affidavit/Release”) within fourteen (14) days of date of issuance of those documents. If the potential prize winner fails to complete and submit any required documents within the time period required (including, if applicable, the Affidavit/Release), the applicable prize may be forfeited and, at Sponsor’s discretion, awarded to the Entrant with the next highest score based on the Judging Criteria. If the prize winner is at least eighteen (18) years old but still considered a minor in his/her state of residence, Sponsor may, at its discretion, award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on the prize winner set forth herein.
EACH POTENTIAL PRIZE WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
5. Prizes: There are two (2) Grand Prizes available to be won. The Grand Prizes consists of twelve (12) large size bags of Full Moon® pet treat products. The Grand Prize winners may choose up to two (2) recipe types to be received; depending on the recipe(s) chosen, each pet treat bag will range in size from 9.0 oz. to 12 oz. Total Approximate Retail Value (“ARV”) of the Grand Prize is $170.00.
In addition to the Grand Prizes, there are ten (10) First Prizes available to be won. Each First Prize consists of one (1) bag of Full Moon® pet treat; depending on the recipe(s) available each pet treat bag will range in size from 5.0 oz. to 12 oz. ARV of each First Prize ranges from $6.99 to $15.99. Total ARV of all First Prizes range from $69.90 to $159.90. Total ARV of all prizes to be awarded: $329.90
The prize winners will be responsible for all taxes (including federal, state and local taxes) and any other costs and expenses associated with acceptance and use of the prize not described herein as being awarded. The prizes are not transferable, redeemable for cash, or substitutable except by Sponsor, which reserves the right, at its discretion, to substitute a prize or portion of a prize with one of comparable or greater value. Sponsor will not replace a lost or stolen prize. All prize details are at the sole discretion of the Sponsor. Limit one (1) prize per person. Only the number of prizes stated in these Official Rules is available to be won in the Contest. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.
6. Release/Limitations of Liability and General Conditions: By participating, Entrants agree as follows: a) to abide by these Official Rules, and to the decisions of Sponsor, which shall be final and binding in all respects; and b) THAT SPONSOR, INSTAGRAM, FACEBOOK, AND ANY OF THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, WEBSITE PROVIDERS, WEB MASTERS, ADVERTISING AND PROMOTION AGENCIES, RETAILERS, DISTRIBUTORS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL HAVE NO LIABILITY AND SHALL BE HELD HARMLESS FOR ANY DAMAGE, LOSS OR INJURY TO ANY PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE CONTEST PRIZE, ENTRY OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERORISM. EVERYTHING RELATING TO THIS CONTEST, INCLUDING ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND.
Released Parties are not responsible for lost, delayed, interrupted or unavailable network, cable, satellite, Internet Service Provider (ISP), server, or other connections, miscommunications, failed phone, computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other errors or malfunctions, problems or difficulties of any kind whether computer, network, human, mechanical, electronic, printing, typographical or otherwise relating to or in connection with this Contest, including, without limitation, errors, problems or difficulties which may occur in connection with the administration of the Contest, the processing of Entries, the announcement of the Prize or in any Contest-related materials or for any damage to Entrant’s or other person’s hardware or software as a result of participation. Released Parties are also not responsible for Entries or mail that are illegible, lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered or postage due, garbled or delayed by computer transmissions, and all such Entries are void. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Persons found tampering with or abusing any aspect of this Contest or who are in violation of these Official Rules as solely deter¬mined by Sponsor will be disqualified and their Entry/ies will be void. Every Entry must be manually keystroked and manually entered by Entrant and repetitive automated electronic submission of Entries is specifically disallowed. Use of script, macro or automated entry software or programs or any other means that subvert the entry process is prohibited and all such Entries will be void. In the event the Contest is compromised by virus, bugs, worms, non-authorized human intervention, or other causes which corrupt or impair the administration, security, fairness or proper play of the Contest, or if the Contest is unable to run as planned for any other reason, Sponsor reserves the right in its sole discretion to modify, suspend or terminate the Contest or any portion thereof and/or terminate the participation of any Entrant (and void his/her Entry/ies) whose conduct potentially compromises the Contest and, if terminated, at its sole discretion award the Prize from among all eligible non-suspect Entries received prior to the act requiring such termination using the applicable Judging Criteria (as set forth above). The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. CAUTION: Any attempt by an Entrant or any other individual to damage any website associated with this Contest or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law.
AS A CONDITION OF PARTICIPATING, ENTRANT AGREES THAT A) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT OF POCKET EXPENSES, IF ANY, AND B) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST, OR ANY COMPENSATION OR CREDIT TO BE PROVIDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND C) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARD SHALL BE LIMITED TO ACTUAL OUT OF POCKET COSTS INCURRED, IF ANY, AND IN NO EVENT SHALL ENTRANT BE ENTITLED TO RECEIVE ATTORNEYS’ FEES OR OTHER LEGAL COSTS OR EXPENSES.
SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
7. License and Publicity Release: EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE CONTEST CONSTITUTES EACH ENTRANT’S GRANT TO SPONSOR (WHICH GRANT SHALL BE CONFIRMED IN WRITING AS CONDITION OF WINNING THIS CONTEST), ITS PARENT, SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND PROMOTION AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, ENTRANT’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
8. Nature of Relationship/Waiver of Equitable Relief: Each Entrant understands and acknowledges that Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each Entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of Sponsor actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and the Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
9. Disputes/Choice of Law: You and the Sponsor waive all rights to trial in any action or proceeding instituted in connection with these Official Rules or the Contest. Any controversy or claim arising out of or relating to these Official Rules or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. 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 the State of Maryland in the United States, without giving effect to any choice of law or conflict of laws rules (whether of the State of Maryland or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Maryland.
11. Winners List/Official Rules: The names of the twelve (12) prize winners (available after January 1, 2018) and/or a copy of these Official Rules may be obtained by mailing a self-addressed, stamped #10 envelope to: Arthur Pet Products, P.O. Box 1368, Kings Mountain, NC 28086, for receipt no later than March 1, 2018. Vermont residents may omit return postage.
12. Sponsor: The Sponsor of this Contest is: Full Moon®, 31149 Old Ocean City Rd, Salisbury, MD 21804.
Full Moon® shall not be liable for technical, pictorial, typographical or editorial errors or omissions contained herein. Copyright © 2015 Full Moon®. All trademarks and logos used herein are trademarks of Full Moon® or other owners in the United States and/or other countries. All rights reserved.
Neither Instagram nor Facebook is a sponsor or promoter of this Contest.