- NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT OF ANY KIND DOES NOT INCREASE YOUR CHANCES OF WINNING.
- VOID WHERE PROHIBITED BY LAW.
- ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE CONTEST, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE CONTEST PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
- ELIGIBILITY: The Stella & Chewy’s Petfluencer Contest (“Contest”) is open only to individuals who are legal residents and physically located in one (1) of the fifty (50) United States or the District of Columbia, or Canada and who are at least eighteen (18) years of age or older as of time/date of entry. If a potential winner is over 18 yet still considered a minor in his or her place of residence, the potential winner’s parent or legal guardian will be required to complete the documentation on minor’s behalf. Employees, officers and directors of Stella & Chewy’s, LLC (“Sponsor”), Exverus Media Inc., Realtime Media LLC (“Administrator”), and their respective parent companies, affiliates, subsidiaries, advertising, contest, fulfillment and marketing agencies (collectively with Sponsor and Administrator, the “Contest Parties”), their immediate family members and those living in the same household as such individuals (whether legally related or not) are not eligible to participate in the Contest or win a prize. For purposes of this Contest, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. By participating, you agree to these Official Rules and to the decisions of the Sponsor and Administrator, which are final and binding in all respects. Void in any state or province not listed above and where prohibited by law, rule or regulation. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects. See below for regional allocation of prizes and judging process.
- TIMING: The Contest begins at 8:00 a.m. Central Time (“CT”) on June 5, 2023 and ends at 11:59 p.m. CT on July 23, 2023 (the “Contest Period”). The designated computer clock of the Administrator is the official time-keeping device in the Contest. The Grand Prize and Finalist Prize winners (defined below) will be announced on or around August 1, 2023.
- WEBSITE DISPLAY AND PHOTO SHOOT PORTIONS PRIZES: As further detailed below, five (5) potential Finalists will be selected to receive a supply of pet food and other Sponsor merchandise. All five potential Finalists must agree to have their Submissions (defined below) featured on Sponsor’s website, though Sponsor will have sole discretion regarding whether and how to display the Submissions. Each potential Finalist will be required to sign a release agreeing to use of the Submissions on Sponsor’s website (the “Release”); once a potential Finalist signs this Release, he or she will be formally named a Finalist and receive his or her supply of pet food and other merchandise. Of the five (5) Finalists, one (1) potential Grand Prize winner will be chosen to receive a larger supply of pet food and to participate in a photo shoot for his or her pet. The photos produced at this shoot may be used by Sponsor, in Sponsor’s sole discretion, in billboard or other advertising for Sponsor. The potential Grand Prize winner must agree to, and winner and pet must actually participate in, the photo shoot as part of his or her responsibilities as Grand Prize winner, and the potential Grand Prize winner will not be formally named Grand Prize winner and receive his or her supply of pet food and other merchandise, and another potential Grand Prize winner will be chosen in his or her place, if he or she opts not to participate in the photo shoot. Prior to participating in the photo shoot, the potential Grand Prize winner (or parent/legal guardian if over 18 yet still a minor in place of residence) also will be required to sign a declaration of eligibility/liability release and publicity release provided by Sponsor (together, the “Declaration”), further detailed below.Submissions will not be used by Sponsor other than (i) to select the Finalists and Grand Prize Winner and (ii) with respect to the Finalists, for display on Sponsor’s website.
- HOW TO ENTER: During the Contest Period, visit a participating pet store in the US or Canada and using your mobile device, scan the QR code to visit the contest website (the “Contest Website”). Then, follow the links and instructions to complete and submit the registration form including your full name, valid email address, and home address. P.O. Boxes are not permitted. Then, follow the links and instructions to upload a photo in .JPG or .PNG format featuring your pet cat or dog in a raw, real-life moment that shows that they can be silly or quirky but you still love them despite or because of it (each a “Submission”). For purposes of this Contest, a Submission is a photograph file that follows the technical, creative, and legal requirements disclosed on the Contest Website and elsewhere in these Official Rules, including, without limitation, the Content Guidelines (defined below). The Submission photo need not be perfect; instead it should capture a real-life moment. Your dog or cat should be featured prominently in the Submission. There can be other animals in the Submission, but the only person, if any, in the Submission should be you. There should be no children appearing at all in any Submission. You can also visit the Contest Website directly at www.stellaandchewys.com/petfluencer-contest.There will be 5 regions for this Contest, as specified below (each a “Region”). Your Submission will be judged against the other Submissions from your region.Region #1: All of Canada
Region #2: All East Coast U.S. states and any states where the majority of the state is on Eastern Time.
Region #3: All U.S. states where the entire state or the majority of the state is on Central Time.
Region #4: All U.S. states where the entire state or the majority of the state is on Mountain Time.
Region #5: All U.S. states where the entire state or the majority of the state is on Pacific Time or Alaska or Hawaii Time.
Limit of one (1) unique Submission per day, up to five (5) total unique Submissions per person or email address during the Contest Period. Any attempt to submit more than the stated number of Submissions may lead to disqualification from the Contest. A Submission may, in Sponsor’s sole and absolute discretion, be rejected if it fails to follow the technical, creative, and legal requirements disclosed on the Contest Website and in these Official Rules. Those who do not follow all of the instructions, provide the required information in their registration form, or abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s sole and absolute discretion. All Submissions that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Submissions generated by script, macro or other automated means and those by any means which subvert the entry process are void. All Submissions become the physical property of Sponsor and will not be acknowledged or returned. Assurance of delivery of entries is the sole responsibility of the entrant.
In the event of a dispute over the identity of an online entrant, Submission will be deemed submitted by the registered account holder of the email address associated with the Submission for the domain associated with the submitted email address, provided that person is eligible. Winners may be required to show proof of being the registered account holder. Registered account holder is defined as the person assigned to an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses. In the event that a dispute regarding the identity of the individual who uploaded the Submission cannot be resolved to Sponsor’s satisfaction, the affected Submission will be deemed ineligible. Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid Submissions.
- SUBMISSION CONTENT GUIDELINES: Submissions that do not meet the following “Content Guidelines” are subject to disqualification and/or removal from the Contest and Sponsor’s website (as applicable), each at Sponsor’s sole and absolute discretion, so read and follow these Content Guidelines:
- Any photograph submitted as part of an entry must be in one of the following file formats: .JPG or .PNG, and cannot exceed 10MB.
- Submissions must comply with these Official Rules posted on the Contest Website and meet all specifications or requirements called for on the Contest Website and other advertising for the Contest.
- During the Entry Period, Submissions cannot be displayed or distributed except as needed to enter the Contest, and you must maintain all rights, without third party obligations, necessary to grant Sponsor the unfettered right to display the Submissions on Sponsor’s website, if you are selected as a potential Finalist.
- Except for materials that are in the public domain, each Submission, in its entirety, must be a single work of original material created by the entrant, or for which entrant has all rights required to comply with these Official Rules and to grant Sponsor the right to display the Submission on Sponsor’s website if entrant is selected as a potential Finalist, and suitable for presentation in a public forum.
- Submissions must not have been submitted previously in any contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
- Submissions, and Sponsor’s use of Submissions as permitted under these Official Rules, must not infringe on or violate the intellectual property or other rights of any other person or entity. Sponsor does not permit the infringement or violation of others’ rights and any use of materials that infringe or violate third party rights is grounds for disqualification from the Contest and may subject you to liability. Do not copy your favorite movie, book or photo or include materials, images, graphics, logos, or trademarks belonging to any third parties or incorporate the names, likeness or personas of any party other than yourself. Entries that contain brand names, trademarks or company logos, other than those owned by Sponsor, are subject to disqualification.
- Submissions must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy, publicity or other rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the Contest Website such as viruses, Trojan horses or other technologies that could adversely impact the Contest, and/or (f) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (at Sponsor’s sole and absolute discretion).
- Submissions should not reveal any personal information about another individual, including another person’s address, phone number, email address, credit card number or any information that may be used to track, contact, or impersonate that individual.
- No background artwork should appear in the Submissions unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in Submissions must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein.
- The Submission photo need not be perfect; instead it should capture a real-life moment, as described in paragraph #1 of the how to enter section, above. Your dog or cat should be featured prominently in the Submission. There can be other animals in the Submission, but the only person, if any, in the Submission should be you. There should be no children appearing at all in any Submission.
- OTHER SUBMISSION TERMS: Sponsor will not use the Submissions other than (i) to select the Finalists and Grand Prize winner and (ii) with respect to the Finalists, for display on Sponsor’s website. Each entrant agrees that during the Contest Period, entrant shall not make, and shall not permit, any other public use, display or distribution of the Submissions, and entrant shall maintain all rights without encumbrances so that Sponsor has the unfettered right to display the Submissions on Sponsor’s website, if Sponsor selects the entrant as a Finalist. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of Submissions and are not obligated to use any Submission. Entrants agree that neither Sponsor, nor its agents, shall be responsible for return or preservation of the Submissions submitted.Each entrant acknowledges that Submissions are not being submitted in confidence or in trust to Sponsor and that no confidential or fiduciary relationship is intended or created. Each entrant acknowledges that Sponsor and other entrants may have created ideas and concepts contained in their Submissions that may have familiarities or similarities to his/her own Submission, and that he/she will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities. Notwithstanding any custom and practice in the industry to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their Submissions and there is no obligation for any Contest Entity to pay or otherwise compensate entrants for any of their ideas or materials in any communications with Sponsor, whatsoever. Submissions are not confidential and the Contest Entities’ only obligations to entrants regarding Submissions are as specifically set forth in these Official Rules. The decisions of the Sponsor are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules. Sponsor reserves the right to request from entrant at any time proof that entrant maintains all necessary rights in their Submission in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the entrant being disqualified from the Contest.
- REPRESENTATIONS AND WARRANTIES: By entering the Contest, each entrant represents and warrants that he or she has read, understands, agrees to and will follow the Official Rules. Entrant further represents and warrants that his or her Submission and all materials and matter therein: (a) (except for elements that are within the public domain or are provided by Sponsor for inclusion in Submissions) are wholly original with such entrant and are not a copy or imitation of any other material and entrant owns all rights in and to the Submission and all materials and matter therein, or entrant has all necessary rights to grant the Sponsor the rights granted hereunder, and to grant Sponsor the right to display the Submission on Sponsor’s website, should entrant be named a potential Finalist, and for Sponsor to exercise such without obligation or liability to any third party; (b) do not include the image or likeness or any person other than entrant, and entrant is at least eighteen years of age; (c) do not and will not infringe or violate any law or right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity, and the use thereof by the Contest Parties, including on Sponsor’s website should entrant be named a Finalist, will result in no violations of the rights of any third party or any law, and no third party liability or obligations; and (d) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and that he or she has complied and has obtained all permissions, licenses and consents that are necessary for the submission of the Submission and the use of the Submission (including use of the Submission on Sponsor’s website, should entrant be named a Finalist) and to verify compliance with the foregoing requirements. Entrant agrees to provide to Sponsor at Sponsor’s request copies of all such permissions, licenses and consents. Sponsor reserves the right, in its sole discretion, to disqualify and/or not to post on Sponsor’s website any Submission that Sponsor determines does not comply with these Official Rules, to make such changes to any Submission as are necessary to make it compliant, or to require the entrant to do so. Entrant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise encumbered his/her Submission, or any images, text and materials depicted therein, to any other third party. Further, entrant represents and warrants that Sponsor’s use of any Submission, including any images, text and materials depicted therein, shall not violate an agreement to which such entrant has signed. Entrant agrees to indemnify and hold the Released Parties (defined below) harmless from and against any third party claims, to the extent arising out of or relating to any breach or alleged breach of any representation, warranty or covenant made by entrant in connection with his or her acceptance of these Official Rules or Contest activities.
- JUDGING/WINNER DETERMININATION: After the end of the Contest Period, a panel of qualified judges, selected by the Sponsor in its sole discretion, will score each Submission, separated by Region, up to the maximum amount of points allowed. Judges will review and judge all eligible Submissions based on the following judging criteria (“Judging Criteria”):
- Creativity and Uniqueness of Submission (10%)
- Overall Quality of the Submission (e.g., clarity and composition of photo) (30%)
- The amount that the Submission captures a real-life, raw, quirky-yet-still-lovable moment of the pet (60%)
Submissions that do not contain all required entry information or are considered inappropriate for any reason are not eligible. The highest-scored Submission from each of the 5 Regions will be deemed the potential Finalist Prize winners, one (1) per Region. In the event of a tie between 2 or more Submissions, the ties will be broken in favor of the Submission with the highest score for amount that the Submission captures a real-life, raw, quirky-yet-still-lovable moment of the pet. If a tie still remains, an additional “tie-breaking” judge be brought in to evaluate the tied Submissions, based on the Judging Criteria above. Then, once the potential Finalist Prize winners are selected, the panel of Judges will re-score them and the highest-scoring Submission will be deemed the potential Grand Prize winner. Sponsor reserves the right not to award all prizes or to choose fewer than the number of winners specified in these Official Rules if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. Prize awards are subject to verification of eligibility and compliance with these Official Rules.
- WINNER NOTIFICATION: The potential prize winners will be notified using the information provided during entry by any of email, telephone, or mail (method to be selected by Sponsor in its sole discretion) in a commercially reasonable time after selection of the potential winners. The Contest Parties are not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email, placing of a phone call, one (1) day after sending via a delivery service or two (2) days after mailing. As part of the winner notification process, each potential prize winner (or parent/legal guardian if over 18 yet still a minor in place of residence) (i) will be required to sign a Release and (ii) may be required to complete and submit a prize redemption form (“Redemption Form”), both (i) and (ii) as conditions of receiving a prize. If any potential prize winner fails or refuses to sign and return such Release or Redemption Form within five (5) days of date of notification or if the Release and/or Redemption Form are returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected. P.O. Boxes are not permitted. The Contest Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email or other account to receive messages.
As noted in Section 3, above, the potential Grand Prize winner (or parent/legal guardian if over 18 yet still a minor in place of residence) will be required to sign and submit a Declaration and return the Declaration (including agreement to participate in the photo shoot) within five (5) days before being eligible to receive his or her prize(s). If the potential Grand Prize winner fails or refuses to sign and return the Declaration within the required time period or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to the potential Grand Prize winner, the potential winner may be disqualified and an alternate may be selected, based on the Judges’ overall scores of the Regional Finalist Prize winners. Non-compliance shall result in disqualification and award to an alternate winner.A potential Grand Prize winner becomes the “winner” only after verification of eligibility by Sponsor. If such potential winner cannot be contacted within a reasonable time period, if the potential winner is ineligible, if any notification is returned undeliverable, or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit that prize and an alternate winner may be selected from among all remaining entries repeating the process identified above. No more than the stated number of prizes will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a similar judging manner from among all persons making purportedly valid claims for such prize(s). Inclusion in such process shall be each entrant’s sole and exclusive remedy under such circumstances. The Contest Parties are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners.
- PRIZES/PRIZE RESTRICTIONS: There will be five (5) Finalist Prizes awarded in this Contest, and one (1) of the Finalists will also receive the Grand Prize. Sponsor will do its best to address any specific allergies or sensitivities of each winner’s pets, when fulfilling prizes.ONE (1) CONTEST GRAND PRIZE: Twelve (12) 22-pound bags of dog food or a similar value prize if winner’s pet is a cat (prizes awarded in the form of 12 vouchers, one redeemable per month. Terms and conditions of vouchers apply) and the photo shoot experience described above.Approximate Retail Value (“ARV”) of the Grand Prize awarded in this Contest is $875 USD.
As detailed above, to be formally named the Grand Prize winner, the potential Grand Prize winner will also be required to sign the Declaration agreeing to participate in a photo shoot featuring the winner and his or her pet. The photos produced at that shoot may be used by Sponsor, in Sponsor’s sole discretion, in billboard or other advertisements for Sponsor.
FIVE (5): FIVE FINALIST PRIZES (1 PER REGION): A selection of pet food and treats and Stella & Chewy’s swag (pens, sticker sheets, bandanas, t-shirts, and a tote bag), based on whether the pet is a dog or a cat, totaling approximately $204 per Finalist Prize.
The ARV all each Region’s Finalist Prize awarded in this Contest is $204 USD. The Grand Prize winner will also receive a Finalist Prize package.
All five Finalists (including the Grand Prize winner) may have their Submissions featured on Sponsor’s website, though Sponsor will have sole discretion regarding whether and how to display the Submissions, and each potential Finalist must sign a Release agreeing to such use in order to be formally named a Finalist.
Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide a winner with his or her prize(s), the Sponsor may elect to provide winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize Winners will be solely responsible for all provincial, federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used. The ARV of the prizes is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The potential Grand Prize winner (or parent/legal guardian, if applicable) may be required to provide Sponsor with a valid social tax ID or social security number before the prizes will be awarded, for tax reporting purposes. An IRS Form 1099 or W-8BEN may be issued in the name of Grand Prize winner (or parent/legal guardian, if applicable), for the actual value of the prizes received. Unclaimed prizes will be forfeited. Prizes, if legitimately claimed, will be awarded. The Contest Parties are not responsible for and will not replace any lost, mutilated or stolen prizes or any prize that is undeliverable or does not reach a winner because of an incorrect or changed address. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited, and the Contest Parties will have no further obligation with respect to that prize or portion of the prize. No more than the stated prizes will be awarded. The Contest Parties are not responsible for, and a winner will not receive the difference, if any, between the actual value of the prize(s) at the time of award and the stated ARV in these Official Rules or in any Contest-related correspondence or material. Limit of one (1) Finalist prize per person and per household. All prizes will be fulfilled approximately four (4) to six (6) weeks after the winners have been confirmed after the Contest has ended.
- GENERAL: The Contest Parties do not assume any responsibility for any disruption in the Contest, including, but not limited to, the failure or interruption of any social media platform or any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Contest materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of the Contest Parties and may be changed from time to time without notice. In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state, or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each, a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Contest or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Contest; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
- CONDUCT: The Contest Parties are not responsible for the actions of entrants in connection with the Contest, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. The Contest Parties reserve the right, at their sole discretion, to disqualify any individual found to be tampering with the participation process or the operation of the Contest, or to be acting in any manner deemed by the Contest Parties to be in violation of the Official Rules, or to be acting in any manner deemed by the Contest Parties to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all associated Submissions and/or registrations. CAUTION: ANY ATTEMPT BY A USER, YOU OR ANY OTHER INDIVIDUAL TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
- WAIVERS AND DISCLAIMERS: The Contest Parties assume no responsibility or liability for: (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, Submissions, URLs, or emails; (b) any incorrect or inaccurate registrations information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of Submissions or registrations at any point in the operation of this Contest; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Contest; (e) inaccessibility or unavailability of the Internet or any website or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, social networking posts, or registrations, the announcement of the prizes, or in any other Contest-related materials; or (f) any injury or damage to participants or to any other person’s computer which may be related to or resulting from any attempt to participate in the Contest. If, for any reason, the Contest (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, then the Contest Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Contest in whole or in part. If terminated, the Contest Parties will award the prizes in a manner similar to the judging process set forth above, from among all non-suspect, eligible Submissions received for the Contest up to the time of such action.
- RELEASES: All participants, as a condition of participation in this Contest, agree to release, discharge, indemnify and hold harmless and indemnify the Contest Parties and each of their respective directors, officers, employees, agents, successors and assigns (collectively, “Released Parties”) from and against any and all liability, claims, costs (including attorneys’ fees), losses, damages, fines, or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with: (i) participation in any aspect of the Contest (including travel to/from any Contest activity), (ii) the receipt, ownership, use or misuse of the prize awarded, including any travel associated with any prize, (iii) the Released Parties’ use as authorized under these Official Rules of any information or materials provided by the participant, including any potential claims based on violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; (iv) participant’s registration material on any related website, or (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize.
- GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, 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 Wisconsin, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws. See Section 16, below regarding residents of Quebec.BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT 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 TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
- DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in the State of Wisconsin, and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in the State of Wisconsin. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in the State of Wisconsin. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court. For residents of Quebec, any litigation respecting the conduct or organization of a contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
- NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
- DATES & DEADLINES/ANTICIPATED NUMBER OF PARTICIPANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
- FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then entrant agrees to sign the same upon Sponsor’s request therefor.
- WINNERS LIST: To receive the list of winners of prizes, send a #10 self-addressed, stamped envelope for receipt by October 1, 2023 to: Stella & Chewy’s Petfluencer Contest – Winners List Request, c/o Realtime Media, 1001 Conshohocken State Road, Suite 2-100, West Conshohocken, PA 19428 U.S.A.
- SPONSOR: Stella & Chewy’s LLC, 10050 S. 27th Street, Oak Creek, WI 53154, U.S.A. Reference to third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Contest.
- ADMINISTRATOR: Realtime Media LLC, 1001 Conshohocken State Road, Suite 2-100, West Conshohocken, PA 19428 U.S.A.; https://www.rtm.com/; https://privacy.rtm.com/PrivacyPolicy.pdf.