Contest rules
For specific information or details regarding our contests and sweepstakes, please contact [email protected] .
See below for the official rules and contest regulations.
ACANA 5 Days of Pawlidays (Day 1)
OFFICIAL RULES
(Canada and the 50 United States and Washington, D.C. Only)
No purchase or payment of any kind is necessary to enter or win. A purchase or payment will not increase your chances of winning. Void OUtside CANADA AND the 50 United states and washington d.c. and where prohibited by law.
PLEASE READ THESE RULES (“OFFICIAL RULES”) BEFORE ENTERING OR OTHERWISE PARTICIPATING IN THE SWEEPSTAKES. BY PARTICIPATING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE OFFICIAL RULES, WHICH FORM A BINDING CONTRACT BETWEEN YOU AND THE SPONSOR.
NOTE: THESE RULES INCLUDE AN ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRE YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
- Sponsor:
The sponsor of the ACANA 5 Days of Pawlidays (Day 1) (the “Sweepstakes”) is Champion Petfoods USA Inc., 363 Centennial Parkway, Suite 300, Louisville, CO 80027 (“Sponsor”).
- Eligibility:
The Sweepstakes is open only to consumers who, as of the start of the Entry Period (defined below) are legal residents of Canada or one of the fifty (50) United States or Washington, D.C. and are at least eighteen (18) years old and above the age of majority in their place of residence.
Employees, officers, and directors of the Sweepstakes Entities or any of their respective parent entities, affiliates, subsidiaries, representatives, agents, consultants, contractors, legal counsel, advertising, public relations, promotional fulfillment, and marketing agencies, as well as members of their immediate family (spouse, parents, siblings, and children) and household members, whether or not legally related, are not eligible to enter or win the Sweepstakes.
The Sweepstakes is subject to all applicable federal, provincial, state, and local laws and regulations and is void where prohibited.
Participation in the Sweepstakes 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 Sweepstakes. Winning a prize is contingent upon fulfilling all requirements as set forth herein.
An entrant may be disqualified in Sponsor’s sole discretion if he/she fails to comply with any term of these Official Rules.
- Entry Period:
The Sweepstakes begins at 10:00 a.m. Mountain Time on December 16, 2024, and ends at 11:59 p.m. Mountain Time on January 3, 2025 (the “Entry Period”). Entries that are submitted before or after the Entry Period will be disqualified. Sponsor’s computer or that of its designee is the official time-keeping device for the Sweepstakes.
- How to Enter the Sweepstakes:
To enter the Sweepstakes, eligible individuals may enter the Sweepstakes by completing all of the following steps during the Entry Period: (i) follow @ACANAPetfood on Instagram, and (ii) tag a friend by inserting the friend’s Instagram account handle in the comments below the @ACANAPetfood Instagram post with the caption “ACANA 5 Days of Pawlidays (Day 1)”.
Eligible entries received during the Entry Period will constitute one entry into the Sweepstakes. There is no limit on the number of entries permitted per person during the Sweepstakes Period, provided that each entry contains a unique user tagged in each comment.Automated or bulk entries or entries submitted by third parties will be disqualified. Each entrant may only use one (1) Instagram account that belongs to them to participate in the Sweepstakes. Any entrant who uses more than one (1) Instagram account to participate in the Sweepstakes may be disqualified and any Prize won may be forfeited, subject to the Sponsor’s sole discretion.
If there is a dispute regarding the identity of an entrant, the entry will be deemed to have been submitted by the social media account holder at the time of entry.
Sponsor, at its discretion, may require a potential winner to show proof of being the social media account holder at the time of entry or forfeit the prize.
Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Sponsor is not responsible for: (i) lost, late, incomplete, damaged, misdirected, misplaced, stolen, tampered with, deleted, illegible, or invalid entries; (ii) any expenses incurred in the creation and submission of any entry; or (iii) lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of Entry will not be deemed proof of receipt by Sponsor.
Ineligible entries include entries that fail to comply with these Official Rules, as well as those that are, in whole or in part, threatening, abusive, harassing, defamatory, libelous, hateful, embarrassing to another person or entity, deceptive, obscene, invasive of another's privacy, tortious, contain racial slurs, or contain explicit or graphic descriptions or accounts of, sexual acts, or are not within the spirit of the Sweepstakes, as determined by Sponsor in its sole discretion.
- Winner Selection:
On or about January 6, 2025, Sponsor or its designee will randomly select one (1) potential winner from all eligible entries received during the Entry Period. The odds of winning depend on the number of eligible entries received.
The potential winner will be notified via an Instagram direct message that he or she is eligible to win the Sweepstakes. A potential winner (if a resident of Canada) will be contacted via Instagram direct message in order to administer a time-limited mathematical skill-testing question via Instagram direct message. A potential winner (if a resident of Canada) must correctly answer such question in the time limit indicated by the Sponsor. If a potential winner does not respond as instructed within five (5) business days after the date of the first attempt by Sponsor or its designees or in the case of Canadian residents fails to correctly answer the time-limited mathematical skill-testing question, an alternate potential winner may be selected at random from the non-winning, eligible entries. Sponsor or its designees are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify potential winners.
- Winner Verification:
Potential winners are subject to verification by Sponsor, including but not limited to verification of the potential winners’ identity and eligibility under these Official Rules. An entrant is not a winner of any prize unless and until entrant’s eligibility and the potential winning entry have been verified and entrant has been notified that verification is complete. Receiving a prize is contingent upon compliance with these Official Rules.
Each Potential winner will be required to complete a declaration and release through a third-party entity, WaiverSign, which among other things: (i) confirms compliance with these Official Rules and acceptance of the prize; (ii) releases the Sponsor, Instagram, Inc., and any other Sweepstakes parties and each of their respective officers, directors, agents, employees, representatives, principals, administrators, successors, predecessors, subsidiaries, affiliates, related entities, partners, and assigns from any liability in connection with the Sweepstakes, the Potential winner’s participation therein, and the prize and any use of the prize; and (iii) consents to the publication, reproduction and/or other use of the potential winner’s name, city, or state, Instagram account, likeness, and/or photo, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever worldwide, including via print, broadcast or the Internet, without further payment, notification, permission, or other consideration, except where prohibited by law. Potential winners may be required to sign other affidavits, releases, and/or appropriate income tax reporting documents, as determined by Sponsor in its sole and absolute discretion, in order to receive the prize.
The Sponsor will verify if each potential winner has complied with these Official Rules. If a potential winner fails to provide the Sponsor any information requested by the Sponsor or complete, sign, and/or return any required affidavits, releases, and/or other documents as requested by Sponsor or is otherwise verified by the Sponsor as being not in compliance with these Official Rules, then such potential winner will be deemed disqualified and to have forfeited his or her prize, and the subject prize will be awarded to a substitute prize winner selected in accordance with Section 5 above.
- Prizes:
One (1) prize winner will receive one (1) 22.5 lb (9.7 kg) bag of ACANA™ Classics dry dog food with an approximate retail value (“ARV”) of $57.99 USD ($79.99 CAD), twelve (12) 12.5 oz (363 g) cans of ACANA™ Premium Chunks wet dog food with an ARV of $4.49 USD per can ($5.99 CAD), one (1) 8 oz (227 g) bag of ACANA™ Freeze-Dried Morsels with an ARV of $19.99 USD ($29.99 CAD), and one (1) 4 oz (113 g) bag of ACANA™ Chewy Strips with an ARV of $13.99 USD ($15.99 CAD). The aggregate ARV of all prizes to be awarded is $145.85 USD ($197.85 CAD). All applicable federal, provincial, state and local taxes are the responsibility of the winner. Winners are responsible for all online charges of any internet service or wireless carrier.
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- to collect or properly claim any of the potential prizes in accordance with these Official Rules will result in forfeiture of the prize. If forfeited for any reason, winner will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded. Prizes are non-transferable and may not be transferred, substituted, redeemed or exchanged for cash or any other prize except as provided herein. Sponsor reserves the right to substitute prize with one of comparable or greater value, at its sole discretion.
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- Release of Claims:
By PARTICIPATING IN THE SWEEPSTAKES AND receipt of any prize, EACH winner agrees, FOR THEMSELVES AND FOR THEIR HEIRS, EXECUTORS AND ADMINISTRATOR(S), to release, DEFEND, and hold harmless THE SWEEPSTAKES ENTITIES, AND EACH OF THEIR RESPECTIVE direct or indirect parent, subsidiary, affiliate, and related entities and advertising AND promotionAL agencies and each such company’s officers, directors, members, employees, contractors, REPRESENTATIVES, and agents (collectively, the “Released Parties”) from and against any and all losses, liability, injury, DAMAGES, claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, DIRECTLY OR INDIRECTLY, arising out of participation in the Sweepstakes or receipt, possession, use or misuse of any prize (INCLUDING ANY TRAVEL OR ANY SUCH ACTIVITIES RELATED THERETO).
- Indemnification:
To the maximum extent permitted by law, each entrant agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from (i) any misrepresentation made by entrant or the breach of any representation or warranty made by entrant in connection with the Sweepstakes or acceptance or receipt of any prize; or (ii) any non-compliance by the entrant with these Official Rules or any other rules or guidelines provided by Sponsor in connection with the Sweepstakes.
- Publicity:
Except where prohibited, participation in the Sweepstakes and acceptance of any prize constitutes winner’s consent to Sponsor’s and its authorized sublicensees’ use of winner’s name, likeness, photograph, voice, statements and/or hometown and/or state for promotional purposes worldwide, in perpetuity, in any and all media, manner, and formats now known or hereafter devised, without further payment or consideration.
- General Conditions:
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, widespread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the prize as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to modify the prize offered herein and to award the prize at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability:
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by any Entrant, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an Entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry, if possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these OFFICAL Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
- Disclaimer of Warranties:
RELEASED ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, IN REGARD TO THIS SWEEPSTAKES OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES AND/OR DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Disputes, Agreement to Arbitrate; Choice of Law & Forum:
Except where prohibited, entrant agrees that: (1) any and all claims, judgments and awards arising out of or connected with this Sweepstakes or any prize awarded shall be limited to actual out-of-pocket costs incurred, not to exceed $100 USD, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (2) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, not to exceed $100 USD, and any and all rights to have damages multiplied or otherwise increased. You and Sponsor agree that if there is any controversy, claim, or action arising out of or connected with this Sweepstakes, these Official Rules, or any prize awarded (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute (each, a “Dispute Notice”) and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. All Dispute Notices must: (1) be personally signed by the party sending the Dispute Notice; (2) include that party’s name, physical address, and email address; (3) describe with specificity the nature and basis of the Dispute and include any supporting documentation; and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Sponsor. As such, your Dispute and the Disputes of other parties may not be combined into a single Notice. Sponsor will send a Dispute Notice to you at the email address included in your Entry. You may send a Dispute Notice to Sponsor at Champion Petfoods USA Inc., Attn.: Legal Department, 363 Centennial Parkway, Suite 300, Louisville, CO 80027.
Both you and Sponsor agree that the foregoing dispute resolution procedure (the “Informal Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect of the Informal Resolution Procedure has not been met, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration and (ii) unless prohibited by law, the arbitration administrator shall not accept or administer an arbitration or demand fees in connection with the Dispute.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS. All such Disputes shall be submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect by one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be Denver, Colorado, provided that if the claim is for $10,000 USD or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference.
Without limiting any other provision of this section, you agree that the arbitrator, and not any federal, state, provincial, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Official Rules, including any claim that all or any part of these Official Rules are void or voidable. For the avoidance of doubt, you and Sponsor agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
In lieu of arbitration either you or Sponsor may (1) bring an individual claim or elect to resolve a Dispute in small claims court in the United States, consistent with any applicable jurisdictional and monetary limits that may apply (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction) and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights. In addition, nothing in these Official Rules prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Kentucky, without giving effect to any choice of law or conflict of law rules (whether of the State of Kentucky or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Kentucky.
IN THE EVENT OF ANY CONFLICT WITH ANY SWEEPSTAKES DETAILS CONTAINED IN THESE OFFICIAL RULES AND SWEEPSTAKES DETAILS CONTAINED IN ANY SWEEPSTAKES MATERIALS (INCLUDING BUT NOT LIMITED TO ELECTRONIC, DIGITAL, AND SOCIAL MEDIA), THE DETAILS OF THE SWEEPSTAKES AS SET FORTH IN THESE OFFICIAL RULES SHALL PREVAIL.
- Entrant's Personal Information:
Information collected from Entrants is subject to the Sponsor’s Privacy Policy: https://www.mars.com/privacy.
- Winners List:
The identity of the winners (name, state, and country) or a copy of these Official Rules will be made available on request to anyone that mails a written request to the Sponsor at Champion Petfoods USA Inc., Attn.: ACANA: 5 Days of Pawlidays (Day 1) Sweepstakes Administrator, 363 Centennial Parkway, Suite 300, Louisville, CO 80027. The winners’ list will be available within ten (10) weeks of the closing date of the Entry Period.
- No Instagram Association:
The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, Inc. or Meta Platforms, Inc. Information is being provided to the Sweepstakes Entities, not to Instagram, Inc. or Meta Platforms, Inc. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor and not to Instagram, Inc. or Meta Platforms, Inc. Your participation in this Sweepstakes must at all times comply with all applicable Instagram, Inc. and Meta Platforms, Inc. terms of service. In the event of any violation of such terms of service, the Sponsor may, in its sole and absolute discretion, disqualify you from the Sweepstakes.
ACANA 5 Days of Pawlidays (Day 2)
OFFICIAL RULES
(Canada and the 50 United States and Washington, D.C. Only)
No purchase or payment of any kind is necessary to enter or win. A purchase or payment will not increase your chances of winning. Void OUtside CANADA AND the 50 United states and washington d.c. and where prohibited by law.
PLEASE READ THESE RULES (“OFFICIAL RULES”) BEFORE ENTERING OR OTHERWISE PARTICIPATING IN THE SWEEPSTAKES. BY PARTICIPATING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE OFFICIAL RULES, WHICH FORM A BINDING CONTRACT BETWEEN YOU AND THE SPONSOR.
NOTE: THESE RULES INCLUDE AN ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRE YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
- Sponsor:
The sponsor of the ACANA 5 Days of Pawlidays (Day 2) (the “Sweepstakes”) is Champion Petfoods USA Inc., 363 Centennial Parkway, Suite 300, Louisville, CO 80027 (“Sponsor”).
- Eligibility:
The Sweepstakes is open only to consumers who, as of the start of the Entry Period (defined below) are legal residents of Canada or one of the fifty (50) United States or Washington, D.C. and are at least eighteen (18) years old and above the age of majority in their place of residence.
Employees, officers, and directors of the Sweepstakes Entities or any of their respective parent entities, affiliates, subsidiaries, representatives, agents, consultants, contractors, legal counsel, advertising, public relations, promotional fulfillment, and marketing agencies, as well as members of their immediate family (spouse, parents, siblings, and children) and household members, whether or not legally related, are not eligible to enter or win the Sweepstakes.
The Sweepstakes is subject to all applicable federal, provincial, state, and local laws and regulations and is void where prohibited.
Participation in the Sweepstakes 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 Sweepstakes. Winning a prize is contingent upon fulfilling all requirements as set forth herein.
An entrant may be disqualified in Sponsor’s sole discretion if he/she fails to comply with any term of these Official Rules.
- Entry Period:
The Sweepstakes begins at 10:00 a.m. Mountain Time on December 17, 2024, and ends at 11:59 p.m. Mountain Time on January 3, 2025 (the “Entry Period”). Entries that are submitted before or after the Entry Period will be disqualified. Sponsor’s computer or that of its designee is the official time-keeping device for the Sweepstakes.
- How to Enter the Sweepstakes:
To enter the Sweepstakes, eligible individuals may enter the Sweepstakes by completing all of the following steps during the Entry Period: (i) follow @ACANAPetfood on Instagram, and (ii) tag a friend by inserting the friend’s Instagram account handle in the comments below the @ACANAPetfood Instagram post with the caption “ACANA 5 Days of Pawlidays (Day 2)”.
Eligible entries received during the Entry Period will constitute one entry into the Sweepstakes. Limit: fifty (50) entries per person. ADDITIONAL ENTRIES SUBMITTED IN EXCESS OF THIS LIMITATION BY THE SAME PERSON WILL BE DISQUALIFIED. Automated or bulk entries or entries submitted by third parties will be disqualified. Each entrant may only use one (1) Instagram account that belongs to them to participate in the Sweepstakes. Any entrant who uses more than one (1) Instagram account to participate in the Sweepstakes may be disqualified and any Prize won may be forfeited, subject to the Sponsor’s sole discretion.
If there is a dispute regarding the identity of an entrant, the entry will be deemed to have been submitted by the social media account holder at the time of entry.
Sponsor, at its discretion, may require a potential winner to show proof of being the social media account holder at the time of entry or forfeit the prize.
Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Sponsor is not responsible for: (i) lost, late, incomplete, damaged, misdirected, misplaced, stolen, tampered with, deleted, illegible, or invalid entries; (ii) any expenses incurred in the creation and submission of any entry; or (iii) lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of Entry will not be deemed proof of receipt by Sponsor.
Ineligible entries include entries that fail to comply with these Official Rules, as well as those that are, in whole or in part, threatening, abusive, harassing, defamatory, libelous, hateful, embarrassing to another person or entity, deceptive, obscene, invasive of another's privacy, tortious, contain racial slurs, or contain explicit or graphic descriptions or accounts of, sexual acts, or are not within the spirit of the Sweepstakes, as determined by Sponsor in its sole discretion.
- Winner Selection:
On or about January 6, 2025, Sponsor or its designee will randomly select two (2) potential winners from all eligible entries received during the Entry Period. The odds of winning depend on the number of eligible entries received.
The potential winner will be notified via an Instagram direct message that he or she is eligible to win the Sweepstakes. A potential winner (if a resident of Canada) will be contacted via Instagram direct message in order to administer a time-limited mathematical skill-testing question via Instagram direct message. A potential winner (if a resident of Canada) must correctly answer such question in the time limit indicated by the Sponsor. If a potential winner does not respond as instructed within five (5) business days after the date of the first attempt by Sponsor or its designees or in the case of Canadian residents fails to correctly answer the time-limited mathematical skill-testing question, an alternate potential winner may be selected at random from the non-winning, eligible entries. Sponsor or its designees are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify potential winners.
- Winner Verification:
Potential winners are subject to verification by Sponsor, including but not limited to verification of the potential winners’ identity and eligibility under these Official Rules. An entrant is not a winner of any prize unless and until entrant’s eligibility and the potential winning entry have been verified and entrant has been notified that verification is complete. Receiving a prize is contingent upon compliance with these Official Rules.
Each Potential winner will be required to complete a declaration and release through a third-party entity, WaiverSign, which among other things: (i) confirms compliance with these Official Rules and acceptance of the prize; (ii) releases the Sponsor, Instagram, Inc., and any other Sweepstakes parties and each of their respective officers, directors, agents, employees, representatives, principals, administrators, successors, predecessors, subsidiaries, affiliates, related entities, partners, and assigns from any liability in connection with the Sweepstakes, the Potential winner’s participation therein, and the prize and any use of the prize; and (iii) consents to the publication, reproduction and/or other use of the potential winner’s name, city, or state, Instagram account, likeness, and/or photo, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever worldwide, including via print, broadcast or the Internet, without further payment, notification, permission, or other consideration, except where prohibited by law. Potential winners may be required to sign other affidavits, releases, and/or appropriate income tax reporting documents, as determined by Sponsor in its sole and absolute discretion, in order to receive the prize.
The Sponsor will verify if each potential winner has complied with these Official Rules. If a potential winner fails to provide the Sponsor any information requested by the Sponsor or complete, sign, and/or return any required affidavits, releases, and/or other documents as requested by Sponsor or is otherwise verified by the Sponsor as being not in compliance with these Official Rules, then such potential winner will be deemed disqualified and to have forfeited his or her prize, and the subject prize will be awarded to a substitute prize winner selected in accordance with Section 5 above.
- Prizes:
Two (2) prize winners will receive three (3) vouchers for any 17-25 lb (9.7-14.5 kg) bag of ACANA™ dry dog food with an approximate retail value (“ARV”) of $97.99 USD ($119.99 CAD) or three (3) vouchers for any 10 lb (4.5 kg) bag of ACANA™ dry cat food with an approximate retail value (“ARV”) of $49.99 USD ($67.99 CAD). The aggregate ARV of all prizes to be awarded is $293.97 USD ($359.97 CAD) (in the case of dog) and $149.97 USD ($203.97 CAD) (in the case of cat). All applicable federal, provincial, state and local taxes are the responsibility of the winner. Winners are responsible for all online charges of any internet service or wireless carrier.
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- to collect or properly claim any of the potential prizes in accordance with these Official Rules will result in forfeiture of the prize. If forfeited for any reason, winner will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded. Prizes are non-transferable and may not be transferred, substituted, redeemed or exchanged for cash or any other prize except as provided herein. Sponsor reserves the right to substitute prize with one of comparable or greater value, at its sole discretion.
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- Release of Claims:
By PARTICIPATING IN THE SWEEPSTAKES AND receipt of any prize, EACH winner agrees, FOR THEMSELVES AND FOR THEIR HEIRS, EXECUTORS AND ADMINISTRATOR(S), to release, DEFEND, and hold harmless THE SWEEPSTAKES ENTITIES, AND EACH OF THEIR RESPECTIVE direct or indirect parent, subsidiary, affiliate, and related entities and advertising AND promotionAL agencies and each such company’s officers, directors, members, employees, contractors, REPRESENTATIVES, and agents (collectively, the “Released Parties”) from and against any and all losses, liability, injury, DAMAGES, claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, DIRECTLY OR INDIRECTLY, arising out of participation in the Sweepstakes or receipt, possession, use or misuse of any prize (INCLUDING ANY TRAVEL OR ANY SUCH ACTIVITIES RELATED THERETO).
- Indemnification:
To the maximum extent permitted by law, each entrant agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from (i) any misrepresentation made by entrant or the breach of any representation or warranty made by entrant in connection with the Sweepstakes or acceptance or receipt of any prize; or (ii) any non-compliance by the entrant with these Official Rules or any other rules or guidelines provided by Sponsor in connection with the Sweepstakes.
- Publicity:
Except where prohibited, participation in the Sweepstakes and acceptance of any prize constitutes winner’s consent to Sponsor’s and its authorized sublicensees’ use of winner’s name, likeness, photograph, voice, statements and/or hometown and/or state for promotional purposes worldwide, in perpetuity, in any and all media, manner, and formats now known or hereafter devised, without further payment or consideration.
- General Conditions:
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, widespread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the prize as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to modify the prize offered herein and to award the prize at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability:
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by any Entrant, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an Entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry, if possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these OFFICAL Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
- Disclaimer of Warranties:
RELEASED ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, IN REGARD TO THIS SWEEPSTAKES OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES AND/OR DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Disputes, Agreement to Arbitrate; Choice of Law & Forum:
Except where prohibited, entrant agrees that: (1) any and all claims, judgments and awards arising out of or connected with this Sweepstakes or any prize awarded shall be limited to actual out-of-pocket costs incurred, not to exceed $100 USD, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (2) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, not to exceed $100 USD, and any and all rights to have damages multiplied or otherwise increased. You and Sponsor agree that if there is any controversy, claim, or action arising out of or connected with this Sweepstakes, these Official Rules, or any prize awarded (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute (each, a “Dispute Notice”) and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. All Dispute Notices must: (1) be personally signed by the party sending the Dispute Notice; (2) include that party’s name, physical address, and email address; (3) describe with specificity the nature and basis of the Dispute and include any supporting documentation; and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Sponsor. As such, your Dispute and the Disputes of other parties may not be combined into a single Notice. Sponsor will send a Dispute Notice to you at the email address included in your Entry. You may send a Dispute Notice to Sponsor at Champion Petfoods USA Inc., Attn.: Legal Department, 363 Centennial Parkway, Suite 300, Louisville, CO 80027.
Both you and Sponsor agree that the foregoing dispute resolution procedure (the “Informal Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect of the Informal Resolution Procedure has not been met, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration and (ii) unless prohibited by law, the arbitration administrator shall not accept or administer an arbitration or demand fees in connection with the Dispute.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS. All such Disputes shall be submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect by one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be Denver, Colorado, provided that if the claim is for $10,000 USD or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference.
Without limiting any other provision of this section, you agree that the arbitrator, and not any federal, state, provincial, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Official Rules, including any claim that all or any part of these Official Rules are void or voidable. For the avoidance of doubt, you and Sponsor agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
In lieu of arbitration either you or Sponsor may (1) bring an individual claim or elect to resolve a Dispute in small claims court in the United States, consistent with any applicable jurisdictional and monetary limits that may apply (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction) and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights. In addition, nothing in these Official Rules prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Kentucky, without giving effect to any choice of law or conflict of law rules (whether of the State of Kentucky or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Kentucky.
IN THE EVENT OF ANY CONFLICT WITH ANY SWEEPSTAKES DETAILS CONTAINED IN THESE OFFICIAL RULES AND SWEEPSTAKES DETAILS CONTAINED IN ANY SWEEPSTAKES MATERIALS (INCLUDING BUT NOT LIMITED TO ELECTRONIC, DIGITAL, AND SOCIAL MEDIA), THE DETAILS OF THE SWEEPSTAKES AS SET FORTH IN THESE OFFICIAL RULES SHALL PREVAIL.
- Entrant's Personal Information:
Information collected from Entrants is subject to the Sponsor’s Privacy Policy: https://www.mars.com/privacy.
- Winners List:
The identity of the winners (name, state, and country) or a copy of these Official Rules will be made available on request to anyone that mails a written request to the Sponsor at Champion Petfoods USA Inc., Attn.: ACANA: 5 Days of Pawlidays (Day 2) Sweepstakes Administrator, 363 Centennial Parkway, Suite 300, Louisville, CO 80027. The winners’ list will be available within ten (10) weeks of the closing date of the Entry Period.
- No Instagram Association:
The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, Inc. or Meta Platforms, Inc. Information is being provided to the Sweepstakes Entities, not to Instagram, Inc. or Meta Platforms, Inc. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor and not to Instagram, Inc. or Meta Platforms, Inc. Your participation in this Sweepstakes must at all times comply with all applicable Instagram, Inc. and Meta Platforms, Inc. terms of service. In the event of any violation of such terms of service, the Sponsor may, in its sole and absolute discretion, disqualify you from the Sweepstakes.
ACANA 5 Days of Pawlidays (Day 3)
OFFICIAL RULES
(Canada and the 50 United States and Washington, D.C. Only)
No purchase or payment of any kind is necessary to enter or win. A purchase or payment will not increase your chances of winning. Void OUtside CANADA AND the 50 United states and washington d.c. and where prohibited by law.
PLEASE READ THESE RULES (“OFFICIAL RULES”) BEFORE ENTERING OR OTHERWISE PARTICIPATING IN THE SWEEPSTAKES. BY PARTICIPATING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE OFFICIAL RULES, WHICH FORM A BINDING CONTRACT BETWEEN YOU AND THE SPONSOR.
NOTE: THESE RULES INCLUDE AN ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRE YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
- Sponsor:
The sponsor of the ACANA 5 Days of Pawlidays (Day 3) (the “Sweepstakes”) is Champion Petfoods USA Inc., 363 Centennial Parkway, Suite 300, Louisville, CO 80027 (“Sponsor”).
- Eligibility:
The Sweepstakes is open only to consumers who, as of the start of the Entry Period (defined below) are legal residents of Canada or one of the fifty (50) United States or Washington, D.C. and are at least eighteen (18) years old and above the age of majority in their place of residence.
Employees, officers, and directors of the Sweepstakes Entities or any of their respective parent entities, affiliates, subsidiaries, representatives, agents, consultants, contractors, legal counsel, advertising, public relations, promotional fulfillment, and marketing agencies, as well as members of their immediate family (spouse, parents, siblings, and children) and household members, whether or not legally related, are not eligible to enter or win the Sweepstakes.
The Sweepstakes is subject to all applicable federal, provincial, state, and local laws and regulations and is void where prohibited.
Participation in the Sweepstakes 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 Sweepstakes. Winning a prize is contingent upon fulfilling all requirements as set forth herein.
An entrant may be disqualified in Sponsor’s sole discretion if he/she fails to comply with any term of these Official Rules.
- Entry Period:
The Sweepstakes begins at 10:00 a.m. Mountain Time on December 18, 2024, and ends at 11:59 p.m. Mountain Time on January 3, 2025 (the “Entry Period”). Entries that are submitted before or after the Entry Period will be disqualified. Sponsor’s computer or that of its designee is the official time-keeping device for the Sweepstakes.
- How to Enter the Sweepstakes:
To enter the Sweepstakes, eligible individuals may enter the Sweepstakes by completing all of the following steps during the Entry Period: (i) follow @ACANAPetfood on Instagram, and (ii) tag a friend by inserting the friend’s Instagram account handle in the comments below the @ACANAPetfood Instagram post with the caption “ACANA 5 Days of Pawlidays (Day 3)”.
Eligible entries received during the Entry Period will constitute one entry into the Sweepstakes. Limit: fifty (50) entries per person. ADDITIONAL ENTRIES SUBMITTED IN EXCESS OF THIS LIMITATION BY THE SAME PERSON WILL BE DISQUALIFIED. Automated or bulk entries or entries submitted by third parties will be disqualified. Each entrant may only use one (1) Instagram account that belongs to them to participate in the Sweepstakes. Any entrant who uses more than one (1) Instagram account to participate in the Sweepstakes may be disqualified and any Prize won may be forfeited, subject to the Sponsor’s sole discretion.
If there is a dispute regarding the identity of an entrant, the entry will be deemed to have been submitted by the social media account holder at the time of entry.
Sponsor, at its discretion, may require a potential winner to show proof of being the social media account holder at the time of entry or forfeit the prize.
Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Sponsor is not responsible for: (i) lost, late, incomplete, damaged, misdirected, misplaced, stolen, tampered with, deleted, illegible, or invalid entries; (ii) any expenses incurred in the creation and submission of any entry; or (iii) lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of Entry will not be deemed proof of receipt by Sponsor.
Ineligible entries include entries that fail to comply with these Official Rules, as well as those that are, in whole or in part, threatening, abusive, harassing, defamatory, libelous, hateful, embarrassing to another person or entity, deceptive, obscene, invasive of another's privacy, tortious, contain racial slurs, or contain explicit or graphic descriptions or accounts of, sexual acts, or are not within the spirit of the Sweepstakes, as determined by Sponsor in its sole discretion.
- Winner Selection:
On or about January 6, 2025, Sponsor or its designee will randomly select three (3) potential winners from all eligible entries received during the Entry Period. The odds of winning depend on the number of eligible entries received.
The potential winner will be notified via an Instagram direct message that he or she is eligible to win the Sweepstakes. A potential winner (if a resident of Canada) will be contacted via Instagram direct message in order to administer a time-limited mathematical skill-testing question via Instagram direct message. A potential winner (if a resident of Canada) must correctly answer such question in the time limit indicated by the Sponsor. If a potential winner does not respond as instructed within five (5) business days after the date of the first attempt by Sponsor or its designees or in the case of Canadian residents fails to correctly answer the time-limited mathematical skill-testing question, an alternate potential winner may be selected at random from the non-winning, eligible entries. Sponsor or its designees are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify potential winners.
- Winner Verification:
Potential winners are subject to verification by Sponsor, including but not limited to verification of the potential winners’ identity and eligibility under these Official Rules. An entrant is not a winner of any prize unless and until entrant’s eligibility and the potential winning entry have been verified and entrant has been notified that verification is complete. Receiving a prize is contingent upon compliance with these Official Rules.
Each Potential winner will be required to complete a declaration and release through a third-party entity, WaiverSign, which among other things: (i) confirms compliance with these Official Rules and acceptance of the prize; (ii) releases the Sponsor, Instagram, Inc., and any other Sweepstakes parties and each of their respective officers, directors, agents, employees, representatives, principals, administrators, successors, predecessors, subsidiaries, affiliates, related entities, partners, and assigns from any liability in connection with the Sweepstakes, the Potential winner’s participation therein, and the prize and any use of the prize; and (iii) consents to the publication, reproduction and/or other use of the potential winner’s name, city, or state, Instagram account, likeness, and/or photo, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever worldwide, including via print, broadcast or the Internet, without further payment, notification, permission, or other consideration, except where prohibited by law. Potential winners may be required to sign other affidavits, releases, and/or appropriate income tax reporting documents, as determined by Sponsor in its sole and absolute discretion, in order to receive the prize.
The Sponsor will verify if each potential winner has complied with these Official Rules. If a potential winner fails to provide the Sponsor any information requested by the Sponsor or complete, sign, and/or return any required affidavits, releases, and/or other documents as requested by Sponsor or is otherwise verified by the Sponsor as being not in compliance with these Official Rules, then such potential winner will be deemed disqualified and to have forfeited his or her prize, and the subject prize will be awarded to a substitute prize winner selected in accordance with Section 5 above.
- Prizes:
Three (3) prize winners will receive three (3) of 4 oz (113 g) bags of ACANA™ Chewy Strips with an approximate retail value (“ARV”) of $13.99 USD ($15.99 CAD). The aggregate ARV of all prizes to be awarded is $125.91 USD ($143.91 CAD). All applicable federal, provincial, state and local taxes are the responsibility of the winner. Winners are responsible for all online charges of any internet service or wireless carrier.
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- to collect or properly claim any of the potential prizes in accordance with these Official Rules will result in forfeiture of the prize. If forfeited for any reason, winner will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded. Prizes are non-transferable and may not be transferred, substituted, redeemed or exchanged for cash or any other prize except as provided herein. Sponsor reserves the right to substitute prize with one of comparable or greater value, at its sole discretion.
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- Release of Claims:
By PARTICIPATING IN THE SWEEPSTAKES AND receipt of any prize, EACH winner agrees, FOR THEMSELVES AND FOR THEIR HEIRS, EXECUTORS AND ADMINISTRATOR(S), to release, DEFEND, and hold harmless THE SWEEPSTAKES ENTITIES, AND EACH OF THEIR RESPECTIVE direct or indirect parent, subsidiary, affiliate, and related entities and advertising AND promotionAL agencies and each such company’s officers, directors, members, employees, contractors, REPRESENTATIVES, and agents (collectively, the “Released Parties”) from and against any and all losses, liability, injury, DAMAGES, claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, DIRECTLY OR INDIRECTLY, arising out of participation in the Sweepstakes or receipt, possession, use or misuse of any prize (INCLUDING ANY TRAVEL OR ANY SUCH ACTIVITIES RELATED THERETO).
- Indemnification:
To the maximum extent permitted by law, each entrant agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from (i) any misrepresentation made by entrant or the breach of any representation or warranty made by entrant in connection with the Sweepstakes or acceptance or receipt of any prize; or (ii) any non-compliance by the entrant with these Official Rules or any other rules or guidelines provided by Sponsor in connection with the Sweepstakes.
- Publicity:
Except where prohibited, participation in the Sweepstakes and acceptance of any prize constitutes winner’s consent to Sponsor’s and its authorized sublicensees’ use of winner’s name, likeness, photograph, voice, statements and/or hometown and/or state for promotional purposes worldwide, in perpetuity, in any and all media, manner, and formats now known or hereafter devised, without further payment or consideration.
- General Conditions:
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, widespread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the prize as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to modify the prize offered herein and to award the prize at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability:
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by any Entrant, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an Entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry, if possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these OFFICAL Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
- Disclaimer of Warranties:
RELEASED ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, IN REGARD TO THIS SWEEPSTAKES OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES AND/OR DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Disputes, Agreement to Arbitrate; Choice of Law & Forum:
Except where prohibited, entrant agrees that: (1) any and all claims, judgments and awards arising out of or connected with this Sweepstakes or any prize awarded shall be limited to actual out-of-pocket costs incurred, not to exceed $100 USD, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (2) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, not to exceed $100 USD, and any and all rights to have damages multiplied or otherwise increased. You and Sponsor agree that if there is any controversy, claim, or action arising out of or connected with this Sweepstakes, these Official Rules, or any prize awarded (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute (each, a “Dispute Notice”) and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. All Dispute Notices must: (1) be personally signed by the party sending the Dispute Notice; (2) include that party’s name, physical address, and email address; (3) describe with specificity the nature and basis of the Dispute and include any supporting documentation; and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Sponsor. As such, your Dispute and the Disputes of other parties may not be combined into a single Notice. Sponsor will send a Dispute Notice to you at the email address included in your Entry. You may send a Dispute Notice to Sponsor at Champion Petfoods USA Inc., Attn.: Legal Department, 363 Centennial Parkway, Suite 300, Louisville, CO 80027.
Both you and Sponsor agree that the foregoing dispute resolution procedure (the “Informal Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect of the Informal Resolution Procedure has not been met, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration and (ii) unless prohibited by law, the arbitration administrator shall not accept or administer an arbitration or demand fees in connection with the Dispute.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS. All such Disputes shall be submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect by one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be Denver, Colorado, provided that if the claim is for $10,000 USD or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference.
Without limiting any other provision of this section, you agree that the arbitrator, and not any federal, state, provincial, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Official Rules, including any claim that all or any part of these Official Rules are void or voidable. For the avoidance of doubt, you and Sponsor agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
In lieu of arbitration either you or Sponsor may (1) bring an individual claim or elect to resolve a Dispute in small claims court in the United States, consistent with any applicable jurisdictional and monetary limits that may apply (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction) and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights. In addition, nothing in these Official Rules prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Kentucky, without giving effect to any choice of law or conflict of law rules (whether of the State of Kentucky or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Kentucky.
IN THE EVENT OF ANY CONFLICT WITH ANY SWEEPSTAKES DETAILS CONTAINED IN THESE OFFICIAL RULES AND SWEEPSTAKES DETAILS CONTAINED IN ANY SWEEPSTAKES MATERIALS (INCLUDING BUT NOT LIMITED TO ELECTRONIC, DIGITAL, AND SOCIAL MEDIA), THE DETAILS OF THE SWEEPSTAKES AS SET FORTH IN THESE OFFICIAL RULES SHALL PREVAIL.
- Entrant's Personal Information:
Information collected from Entrants is subject to the Sponsor’s Privacy Policy: https://www.mars.com/privacy.
- Winners List:
The identity of the winners (name, state, and country) or a copy of these Official Rules will be made available on request to anyone that mails a written request to the Sponsor at Champion Petfoods USA Inc., Attn.: ACANA: 5 Days of Pawlidays (Day 3) Sweepstakes Administrator, 363 Centennial Parkway, Suite 300, Louisville, CO 80027. The winners’ list will be available within ten (10) weeks of the closing date of the Entry Period.
- No Instagram Association:
The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, Inc. or Meta Platforms, Inc. Information is being provided to the Sweepstakes Entities, not to Instagram, Inc. or Meta Platforms, Inc. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor and not to Instagram, Inc. or Meta Platforms, Inc. Your participation in this Sweepstakes must at all times comply with all applicable Instagram, Inc. and Meta Platforms, Inc. terms of service. In the event of any violation of such terms of service, the Sponsor may, in its sole and absolute discretion, disqualify you from the Sweepstakes.
ACANA 5 Days of Pawlidays (Day 4)
OFFICIAL RULES
(Canada and the 50 United States and Washington, D.C. Only)
No purchase or payment of any kind is necessary to enter or win. A purchase or payment will not increase your chances of winning. Void OUtside CANADA AND the 50 United states and washington d.c. and where prohibited by law.
PLEASE READ THESE RULES (“OFFICIAL RULES”) BEFORE ENTERING OR OTHERWISE PARTICIPATING IN THE SWEEPSTAKES. BY PARTICIPATING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE OFFICIAL RULES, WHICH FORM A BINDING CONTRACT BETWEEN YOU AND THE SPONSOR.
NOTE: THESE RULES INCLUDE AN ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRE YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
- Sponsor:
The sponsor of the ACANA 5 Days of Pawlidays (Day 4) (the “Sweepstakes”) is Champion Petfoods USA Inc., 363 Centennial Parkway, Suite 300, Louisville, CO 80027 (“Sponsor”).
- Eligibility:
The Sweepstakes is open only to consumers who, as of the start of the Entry Period (defined below) are legal residents of Canada or one of the fifty (50) United States or Washington, D.C. and are at least eighteen (18) years old and above the age of majority in their place of residence.
Employees, officers, and directors of the Sweepstakes Entities or any of their respective parent entities, affiliates, subsidiaries, representatives, agents, consultants, contractors, legal counsel, advertising, public relations, promotional fulfillment, and marketing agencies, as well as members of their immediate family (spouse, parents, siblings, and children) and household members, whether or not legally related, are not eligible to enter or win the Sweepstakes.
The Sweepstakes is subject to all applicable federal, provincial, state, and local laws and regulations and is void where prohibited.
Participation in the Sweepstakes 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 Sweepstakes. Winning a prize is contingent upon fulfilling all requirements as set forth herein.
An entrant may be disqualified in Sponsor’s sole discretion if he/she fails to comply with any term of these Official Rules.
- Entry Period:
The Sweepstakes begins at 10:00 a.m. Mountain Time on December 19, 2024, and ends at 11:59 p.m. Mountain Time on January 3, 2025 (the “Entry Period”). Entries that are submitted before or after the Entry Period will be disqualified. Sponsor’s computer or that of its designee is the official time-keeping device for the Sweepstakes.
- How to Enter the Sweepstakes:
To enter the Sweepstakes, eligible individuals may enter the Sweepstakes by completing all of the following steps during the Entry Period: (i) follow @ACANAPetfood on Instagram, and (ii) tag a friend by inserting the friend’s Instagram account handle in the comments below the @ACANAPetfood Instagram post with the caption “ACANA 5 Days of Pawlidays (Day 4)”.
Eligible entries received during the Entry Period will constitute one entry into the Sweepstakes. Limit: fifty (50) entries per person. ADDITIONAL ENTRIES SUBMITTED IN EXCESS OF THIS LIMITATION BY THE SAME PERSON WILL BE DISQUALIFIED. Automated or bulk entries or entries submitted by third parties will be disqualified. Each entrant may only use one (1) Instagram account that belongs to them to participate in the Sweepstakes. Any entrant who uses more than one (1) Instagram account to participate in the Sweepstakes may be disqualified and any Prize won may be forfeited, subject to the Sponsor’s sole discretion.
If there is a dispute regarding the identity of an entrant, the entry will be deemed to have been submitted by the social media account holder at the time of entry.
Sponsor, at its discretion, may require a potential winner to show proof of being the social media account holder at the time of entry or forfeit the prize.
Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Sponsor is not responsible for: (i) lost, late, incomplete, damaged, misdirected, misplaced, stolen, tampered with, deleted, illegible, or invalid entries; (ii) any expenses incurred in the creation and submission of any entry; or (iii) lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of Entry will not be deemed proof of receipt by Sponsor.
Ineligible entries include entries that fail to comply with these Official Rules, as well as those that are, in whole or in part, threatening, abusive, harassing, defamatory, libelous, hateful, embarrassing to another person or entity, deceptive, obscene, invasive of another's privacy, tortious, contain racial slurs, or contain explicit or graphic descriptions or accounts of, sexual acts, or are not within the spirit of the Sweepstakes, as determined by Sponsor in its sole discretion.
- Winner Selection:
On or about January 6, 2025, Sponsor or its designee will randomly select two (2) potential winners from all eligible entries received during the Entry Period. The odds of winning depend on the number of eligible entries received.
The potential winner will be notified via an Instagram direct message that he or she is eligible to win the Sweepstakes. A potential winner (if a resident of Canada) will be contacted via Instagram direct message in order to administer a time-limited mathematical skill-testing question via Instagram direct message. A potential winner (if a resident of Canada) must correctly answer such question in the time limit indicated by the Sponsor. If a potential winner does not respond as instructed within five (5) business days after the date of the first attempt by Sponsor or its designees or in the case of Canadian residents fails to correctly answer the time-limited mathematical skill-testing question, an alternate potential winner may be selected at random from the non-winning, eligible entries. Sponsor or its designees are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify potential winners.
- Winner Verification:
Potential winners are subject to verification by Sponsor, including but not limited to verification of the potential winners’ identity and eligibility under these Official Rules. An entrant is not a winner of any prize unless and until entrant’s eligibility and the potential winning entry have been verified and entrant has been notified that verification is complete. Receiving a prize is contingent upon compliance with these Official Rules.
Each Potential winner will be required to complete a declaration and release through a third-party entity, WaiverSign, which among other things: (i) confirms compliance with these Official Rules and acceptance of the prize; (ii) releases the Sponsor, Instagram, Inc., and any other Sweepstakes parties and each of their respective officers, directors, agents, employees, representatives, principals, administrators, successors, predecessors, subsidiaries, affiliates, related entities, partners, and assigns from any liability in connection with the Sweepstakes, the Potential winner’s participation therein, and the prize and any use of the prize; and (iii) consents to the publication, reproduction and/or other use of the potential winner’s name, city, or state, Instagram account, likeness, and/or photo, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever worldwide, including via print, broadcast or the Internet, without further payment, notification, permission, or other consideration, except where prohibited by law. Potential winners may be required to sign other affidavits, releases, and/or appropriate income tax reporting documents, as determined by Sponsor in its sole and absolute discretion, in order to receive the prize.
The Sponsor will verify if each potential winner has complied with these Official Rules. If a potential winner fails to provide the Sponsor any information requested by the Sponsor or complete, sign, and/or return any required affidavits, releases, and/or other documents as requested by Sponsor or is otherwise verified by the Sponsor as being not in compliance with these Official Rules, then such potential winner will be deemed disqualified and to have forfeited his or her prize, and the subject prize will be awarded to a substitute prize winner selected in accordance with Section 5 above.
- Prizes:
Two (2) prize winners will receive twelve (12) 12.8 oz (363 g) cans of ACANA™ Premium Chunks wet dog food with an approximate retail value (“ARV”) of $4.49 USD ($5.99 CAD) or twelve (12) 5.5 oz (155g) cans of ACANA Premium Pâté™ wet cat food with an approximate retail value (“ARV”) of $2.79 USD ($3.99 CAD). The aggregate ARV of all prizes to be awarded is $53.88 USD ($71.88 CAD) (in the case of dog) and $33.48 USD ($47.88 CAD) (in the case of cat). All applicable federal, provincial, state and local taxes are the responsibility of the winner. Winners are responsible for all online charges of any internet service or wireless carrier.
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- to collect or properly claim any of the potential prizes in accordance with these Official Rules will result in forfeiture of the prize. If forfeited for any reason, winner will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded. Prizes are non-transferable and may not be transferred, substituted, redeemed or exchanged for cash or any other prize except as provided herein. Sponsor reserves the right to substitute prize with one of comparable or greater value, at its sole discretion.
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- Release of Claims:
By PARTICIPATING IN THE SWEEPSTAKES AND receipt of any prize, EACH winner agrees, FOR THEMSELVES AND FOR THEIR HEIRS, EXECUTORS AND ADMINISTRATOR(S), to release, DEFEND, and hold harmless THE SWEEPSTAKES ENTITIES, AND EACH OF THEIR RESPECTIVE direct or indirect parent, subsidiary, affiliate, and related entities and advertising AND promotionAL agencies and each such company’s officers, directors, members, employees, contractors, REPRESENTATIVES, and agents (collectively, the “Released Parties”) from and against any and all losses, liability, injury, DAMAGES, claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, DIRECTLY OR INDIRECTLY, arising out of participation in the Sweepstakes or receipt, possession, use or misuse of any prize (INCLUDING ANY TRAVEL OR ANY SUCH ACTIVITIES RELATED THERETO).
- Indemnification:
To the maximum extent permitted by law, each entrant agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from (i) any misrepresentation made by entrant or the breach of any representation or warranty made by entrant in connection with the Sweepstakes or acceptance or receipt of any prize; or (ii) any non-compliance by the entrant with these Official Rules or any other rules or guidelines provided by Sponsor in connection with the Sweepstakes.
- Publicity:
Except where prohibited, participation in the Sweepstakes and acceptance of any prize constitutes winner’s consent to Sponsor’s and its authorized sublicensees’ use of winner’s name, likeness, photograph, voice, statements and/or hometown and/or state for promotional purposes worldwide, in perpetuity, in any and all media, manner, and formats now known or hereafter devised, without further payment or consideration.
- General Conditions:
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, widespread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the prize as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to modify the prize offered herein and to award the prize at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability:
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by any Entrant, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an Entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry, if possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these OFFICAL Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
- Disclaimer of Warranties:
RELEASED ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, IN REGARD TO THIS SWEEPSTAKES OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES AND/OR DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Disputes, Agreement to Arbitrate; Choice of Law & Forum:
Except where prohibited, entrant agrees that: (1) any and all claims, judgments and awards arising out of or connected with this Sweepstakes or any prize awarded shall be limited to actual out-of-pocket costs incurred, not to exceed $100 USD, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (2) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, not to exceed $100 USD, and any and all rights to have damages multiplied or otherwise increased. You and Sponsor agree that if there is any controversy, claim, or action arising out of or connected with this Sweepstakes, these Official Rules, or any prize awarded (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute (each, a “Dispute Notice”) and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. All Dispute Notices must: (1) be personally signed by the party sending the Dispute Notice; (2) include that party’s name, physical address, and email address; (3) describe with specificity the nature and basis of the Dispute and include any supporting documentation; and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Sponsor. As such, your Dispute and the Disputes of other parties may not be combined into a single Notice. Sponsor will send a Dispute Notice to you at the email address included in your Entry. You may send a Dispute Notice to Sponsor at Champion Petfoods USA Inc., Attn.: Legal Department, 363 Centennial Parkway, Suite 300, Louisville, CO 80027.
Both you and Sponsor agree that the foregoing dispute resolution procedure (the “Informal Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect of the Informal Resolution Procedure has not been met, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration and (ii) unless prohibited by law, the arbitration administrator shall not accept or administer an arbitration or demand fees in connection with the Dispute.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS. All such Disputes shall be submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect by one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be Denver, Colorado, provided that if the claim is for $10,000 USD or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference.
Without limiting any other provision of this section, you agree that the arbitrator, and not any federal, state, provincial, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Official Rules, including any claim that all or any part of these Official Rules are void or voidable. For the avoidance of doubt, you and Sponsor agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
In lieu of arbitration either you or Sponsor may (1) bring an individual claim or elect to resolve a Dispute in small claims court in the United States, consistent with any applicable jurisdictional and monetary limits that may apply (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction) and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights. In addition, nothing in these Official Rules prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Kentucky, without giving effect to any choice of law or conflict of law rules (whether of the State of Kentucky or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Kentucky.
IN THE EVENT OF ANY CONFLICT WITH ANY SWEEPSTAKES DETAILS CONTAINED IN THESE OFFICIAL RULES AND SWEEPSTAKES DETAILS CONTAINED IN ANY SWEEPSTAKES MATERIALS (INCLUDING BUT NOT LIMITED TO ELECTRONIC, DIGITAL, AND SOCIAL MEDIA), THE DETAILS OF THE SWEEPSTAKES AS SET FORTH IN THESE OFFICIAL RULES SHALL PREVAIL.
- Entrant's Personal Information:
Information collected from Entrants is subject to the Sponsor’s Privacy Policy: https://www.mars.com/privacy.
- Winners List:
The identity of the winners (name, state, and country) or a copy of these Official Rules will be made available on request to anyone that mails a written request to the Sponsor at Champion Petfoods USA Inc., Attn.: ACANA: 5 Days of Pawlidays (Day 4) Sweepstakes Administrator, 363 Centennial Parkway, Suite 300, Louisville, CO 80027. The winners’ list will be available within ten (10) weeks of the closing date of the Entry Period.
- No Instagram Association:
The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, Inc. or Meta Platforms, Inc. Information is being provided to the Sweepstakes Entities, not to Instagram, Inc. or Meta Platforms, Inc. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor and not to Instagram, Inc. or Meta Platforms, Inc. Your participation in this Sweepstakes must at all times comply with all applicable Instagram, Inc. and Meta Platforms, Inc. terms of service. In the event of any violation of such terms of service, the Sponsor may, in its sole and absolute discretion, disqualify you from the Sweepstakes.
ACANA 5 Days of Pawlidays (Day 5)
OFFICIAL RULES
(Canada and the 50 United States and Washington, D.C. Only)
No purchase or payment of any kind is necessary to enter or win. A purchase or payment will not increase your chances of winning. Void OUtside CANADA AND the 50 United states and washington d.c. and where prohibited by law.
PLEASE READ THESE RULES (“OFFICIAL RULES”) BEFORE ENTERING OR OTHERWISE PARTICIPATING IN THE SWEEPSTAKES. BY PARTICIPATING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE OFFICIAL RULES, WHICH FORM A BINDING CONTRACT BETWEEN YOU AND THE SPONSOR.
NOTE: THESE RULES INCLUDE AN ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRE YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
- Sponsor:
The sponsor of the ACANA 5 Days of Pawlidays (Day 5) (the “Sweepstakes”) is Champion Petfoods USA Inc., 363 Centennial Parkway, Suite 300, Louisville, CO 80027 (“Sponsor”).
- Eligibility:
The Sweepstakes is open only to consumers who, as of the start of the Entry Period (defined below) are legal residents of Canada or one of the fifty (50) United States or Washington, D.C. and are at least eighteen (18) years old and above the age of majority in their place of residence.
Employees, officers, and directors of the Sweepstakes Entities or any of their respective parent entities, affiliates, subsidiaries, representatives, agents, consultants, contractors, legal counsel, advertising, public relations, promotional fulfillment, and marketing agencies, as well as members of their immediate family (spouse, parents, siblings, and children) and household members, whether or not legally related, are not eligible to enter or win the Sweepstakes.
The Sweepstakes is subject to all applicable federal, provincial, state, and local laws and regulations and is void where prohibited.
Participation in the Sweepstakes 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 Sweepstakes. Winning a prize is contingent upon fulfilling all requirements as set forth herein.
An entrant may be disqualified in Sponsor’s sole discretion if he/she fails to comply with any term of these Official Rules.
- Entry Period:
The Sweepstakes begins at 10:00 a.m. Mountain Time on December 20, 2024, and ends at 11:59 p.m. Mountain Time on January 3, 2025 (the “Entry Period”). Entries that are submitted before or after the Entry Period will be disqualified. Sponsor’s computer or that of its designee is the official time-keeping device for the Sweepstakes.
- How to Enter the Sweepstakes:
To enter the Sweepstakes, eligible individuals may enter the Sweepstakes by completing all of the following steps during the Entry Period: (i) follow @ACANAPetfood on Instagram, and (ii) tag a friend by inserting the friend’s Instagram account handle in the comments below the @ACANAPetfood Instagram post with the caption “ACANA 5 Days of Pawlidays (Day 5)”.
Eligible entries received during the Entry Period will constitute one entry into the Sweepstakes. Limit: fifty (50) entries per person. ADDITIONAL ENTRIES SUBMITTED IN EXCESS OF THIS LIMITATION BY THE SAME PERSON WILL BE DISQUALIFIED. Automated or bulk entries or entries submitted by third parties will be disqualified. Each entrant may only use one (1) Instagram account that belongs to them to participate in the Sweepstakes. Any entrant who uses more than one (1) Instagram account to participate in the Sweepstakes may be disqualified and any Prize won may be forfeited, subject to the Sponsor’s sole discretion.
If there is a dispute regarding the identity of an entrant, the entry will be deemed to have been submitted by the social media account holder at the time of entry.
Sponsor, at its discretion, may require a potential winner to show proof of being the social media account holder at the time of entry or forfeit the prize.
Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Sponsor is not responsible for: (i) lost, late, incomplete, damaged, misdirected, misplaced, stolen, tampered with, deleted, illegible, or invalid entries; (ii) any expenses incurred in the creation and submission of any entry; or (iii) lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of Entry will not be deemed proof of receipt by Sponsor.
Ineligible entries include entries that fail to comply with these Official Rules, as well as those that are, in whole or in part, threatening, abusive, harassing, defamatory, libelous, hateful, embarrassing to another person or entity, deceptive, obscene, invasive of another's privacy, tortious, contain racial slurs, or contain explicit or graphic descriptions or accounts of, sexual acts, or are not within the spirit of the Sweepstakes, as determined by Sponsor in its sole discretion.
- Winner Selection:
On or about January 6, 2025, Sponsor or its designee will randomly select two (2) potential winners from all eligible entries received during the Entry Period. The odds of winning depend on the number of eligible entries received.
The potential winner will be notified via an Instagram direct message that he or she is eligible to win the Sweepstakes. A potential winner (if a resident of Canada) will be contacted via Instagram direct message in order to administer a time-limited mathematical skill-testing question via Instagram direct message. A potential winner (if a resident of Canada) must correctly answer such question in the time limit indicated by the Sponsor. If a potential winner does not respond as instructed within five (5) business days after the date of the first attempt by Sponsor or its designees or in the case of Canadian residents fails to correctly answer the time-limited mathematical skill-testing question, an alternate potential winner may be selected at random from the non-winning, eligible entries. Sponsor or its designees are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify potential winners.
- Winner Verification:
Potential winners are subject to verification by Sponsor, including but not limited to verification of the potential winners’ identity and eligibility under these Official Rules. An entrant is not a winner of any prize unless and until entrant’s eligibility and the potential winning entry have been verified and entrant has been notified that verification is complete. Receiving a prize is contingent upon compliance with these Official Rules.
Each Potential winner will be required to complete a declaration and release through a third-party entity, WaiverSign, which among other things: (i) confirms compliance with these Official Rules and acceptance of the prize; (ii) releases the Sponsor, Instagram, Inc., and any other Sweepstakes parties and each of their respective officers, directors, agents, employees, representatives, principals, administrators, successors, predecessors, subsidiaries, affiliates, related entities, partners, and assigns from any liability in connection with the Sweepstakes, the Potential winner’s participation therein, and the prize and any use of the prize; and (iii) consents to the publication, reproduction and/or other use of the potential winner’s name, city, or state, Instagram account, likeness, and/or photo, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever worldwide, including via print, broadcast or the Internet, without further payment, notification, permission, or other consideration, except where prohibited by law. Potential winners may be required to sign other affidavits, releases, and/or appropriate income tax reporting documents, as determined by Sponsor in its sole and absolute discretion, in order to receive the prize.
The Sponsor will verify if each potential winner has complied with these Official Rules. If a potential winner fails to provide the Sponsor any information requested by the Sponsor or complete, sign, and/or return any required affidavits, releases, and/or other documents as requested by Sponsor or is otherwise verified by the Sponsor as being not in compliance with these Official Rules, then such potential winner will be deemed disqualified and to have forfeited his or her prize, and the subject prize will be awarded to a substitute prize winner selected in accordance with Section 5 above.
- Prizes:
Two (2) prize winners will receive six (6) vouchers for any 17-25 lb (9.7-14.5 kg) bag of ACANA™ dry dog food with an approximate retail value (“ARV”) of $97.99 USD ($119.99 CAD) or six (6) vouchers for any 10 lb (4.5 kg) bag of ACANA™ dry cat food with an approximate retail value (“ARV”) of $49.99 USD ($67.99 CAD). The aggregate ARV of all prizes to be awarded is $587.94 USD ($719.94 CAD) (in the case of dog) and $299.94 USD ($407.94 CAD) (in the case of cat). All applicable federal, provincial, state and local taxes are the responsibility of the winner. Winners are responsible for all online charges of any internet service or wireless carrier.
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- to collect or properly claim any of the potential prizes in accordance with these Official Rules will result in forfeiture of the prize. If forfeited for any reason, winner will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded. Prizes are non-transferable and may not be transferred, substituted, redeemed or exchanged for cash or any other prize except as provided herein. Sponsor reserves the right to substitute prize with one of comparable or greater value, at its sole discretion.
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- Release of Claims:
By PARTICIPATING IN THE SWEEPSTAKES AND receipt of any prize, EACH winner agrees, FOR THEMSELVES AND FOR THEIR HEIRS, EXECUTORS AND ADMINISTRATOR(S), to release, DEFEND, and hold harmless THE SWEEPSTAKES ENTITIES, AND EACH OF THEIR RESPECTIVE direct or indirect parent, subsidiary, affiliate, and related entities and advertising AND promotionAL agencies and each such company’s officers, directors, members, employees, contractors, REPRESENTATIVES, and agents (collectively, the “Released Parties”) from and against any and all losses, liability, injury, DAMAGES, claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, DIRECTLY OR INDIRECTLY, arising out of participation in the Sweepstakes or receipt, possession, use or misuse of any prize (INCLUDING ANY TRAVEL OR ANY SUCH ACTIVITIES RELATED THERETO).
- Indemnification:
To the maximum extent permitted by law, each entrant agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from (i) any misrepresentation made by entrant or the breach of any representation or warranty made by entrant in connection with the Sweepstakes or acceptance or receipt of any prize; or (ii) any non-compliance by the entrant with these Official Rules or any other rules or guidelines provided by Sponsor in connection with the Sweepstakes.
- Publicity:
Except where prohibited, participation in the Sweepstakes and acceptance of any prize constitutes winner’s consent to Sponsor’s and its authorized sublicensees’ use of winner’s name, likeness, photograph, voice, statements and/or hometown and/or state for promotional purposes worldwide, in perpetuity, in any and all media, manner, and formats now known or hereafter devised, without further payment or consideration.
- General Conditions:
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, widespread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the prize as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to modify the prize offered herein and to award the prize at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability:
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by any Entrant, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an Entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry, if possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these OFFICAL Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
- Disclaimer of Warranties:
RELEASED ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, IN REGARD TO THIS SWEEPSTAKES OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES AND/OR DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Disputes, Agreement to Arbitrate; Choice of Law & Forum:
Except where prohibited, entrant agrees that: (1) any and all claims, judgments and awards arising out of or connected with this Sweepstakes or any prize awarded shall be limited to actual out-of-pocket costs incurred, not to exceed $100 USD, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (2) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, not to exceed $100 USD, and any and all rights to have damages multiplied or otherwise increased. You and Sponsor agree that if there is any controversy, claim, or action arising out of or connected with this Sweepstakes, these Official Rules, or any prize awarded (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute (each, a “Dispute Notice”) and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. All Dispute Notices must: (1) be personally signed by the party sending the Dispute Notice; (2) include that party’s name, physical address, and email address; (3) describe with specificity the nature and basis of the Dispute and include any supporting documentation; and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Sponsor. As such, your Dispute and the Disputes of other parties may not be combined into a single Notice. Sponsor will send a Dispute Notice to you at the email address included in your Entry. You may send a Dispute Notice to Sponsor at Champion Petfoods USA Inc., Attn.: Legal Department, 363 Centennial Parkway, Suite 300, Louisville, CO 80027.
Both you and Sponsor agree that the foregoing dispute resolution procedure (the “Informal Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect of the Informal Resolution Procedure has not been met, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration and (ii) unless prohibited by law, the arbitration administrator shall not accept or administer an arbitration or demand fees in connection with the Dispute.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS. All such Disputes shall be submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect by one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be Denver, Colorado, provided that if the claim is for $10,000 USD or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference.
Without limiting any other provision of this section, you agree that the arbitrator, and not any federal, state, provincial, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Official Rules, including any claim that all or any part of these Official Rules are void or voidable. For the avoidance of doubt, you and Sponsor agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
In lieu of arbitration either you or Sponsor may (1) bring an individual claim or elect to resolve a Dispute in small claims court in the United States, consistent with any applicable jurisdictional and monetary limits that may apply (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction) and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights. In addition, nothing in these Official Rules prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Kentucky, without giving effect to any choice of law or conflict of law rules (whether of the State of Kentucky or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Kentucky.
IN THE EVENT OF ANY CONFLICT WITH ANY SWEEPSTAKES DETAILS CONTAINED IN THESE OFFICIAL RULES AND SWEEPSTAKES DETAILS CONTAINED IN ANY SWEEPSTAKES MATERIALS (INCLUDING BUT NOT LIMITED TO ELECTRONIC, DIGITAL, AND SOCIAL MEDIA), THE DETAILS OF THE SWEEPSTAKES AS SET FORTH IN THESE OFFICIAL RULES SHALL PREVAIL.
- Entrant's Personal Information:
Information collected from Entrants is subject to the Sponsor’s Privacy Policy: https://www.mars.com/privacy.
- Winners List:
The identity of the winners (name, state, and country) or a copy of these Official Rules will be made available on request to anyone that mails a written request to the Sponsor at Champion Petfoods USA Inc., Attn.: ACANA: 5 Days of Pawlidays (Day 5) Sweepstakes Administrator, 363 Centennial Parkway, Suite 300, Louisville, CO 80027. The winners’ list will be available within ten (10) weeks of the closing date of the Entry Period.
- No Instagram Association:
The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, Inc. or Meta Platforms, Inc. Information is being provided to the Sweepstakes Entities, not to Instagram, Inc. or Meta Platforms, Inc. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor and not to Instagram, Inc. or Meta Platforms, Inc. Your participation in this Sweepstakes must at all times comply with all applicable Instagram, Inc. and Meta Platforms, Inc. terms of service. In the event of any violation of such terms of service, the Sponsor may, in its sole and absolute discretion, disqualify you from the Sweepstakes.
ORIJEN Winter Giveaway (Day 1)
OFFICIAL RULES
(Canada and the 50 United States and Washington, D.C. Only)
No purchase or payment of any kind is necessary to enter or win. A purchase or payment will not increase your chances of winning. Void OUtside CANADA AND the 50 United states and washington d.c. and where prohibited by law.
PLEASE READ THESE RULES (“OFFICIAL RULES”) BEFORE ENTERING OR OTHERWISE PARTICIPATING IN THE SWEEPSTAKES. BY PARTICIPATING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE OFFICIAL RULES, WHICH FORM A BINDING CONTRACT BETWEEN YOU AND THE SPONSOR.
NOTE: THESE RULES INCLUDE AN ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRE YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
- Sponsor:
The sponsor of the ORIJEN Winter Giveaway (Day 1) (the “Sweepstakes”) is Champion Petfoods USA Inc., 363 Centennial Parkway, Suite 300, Louisville, CO 80027 (“Sponsor”).
- Eligibility:
The Sweepstakes is open only to consumers who, as of the start of the Entry Period (defined below) are legal residents of Canada or one of the fifty (50) United States or Washington, D.C. and are at least eighteen (18) years old and above the age of majority in their place of residence.
Employees, officers, and directors of the Sweepstakes Entities or any of their respective parent entities, affiliates, subsidiaries, representatives, agents, consultants, contractors, legal counsel, advertising, public relations, promotional fulfillment, and marketing agencies, as well as members of their immediate family (spouse, parents, siblings, and children) and household members, whether or not legally related, are not eligible to enter or win the Sweepstakes.
The Sweepstakes is subject to all applicable federal, provincial, state, and local laws and regulations and is void where prohibited.
Participation in the Sweepstakes 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 Sweepstakes. Winning a prize is contingent upon fulfilling all requirements as set forth herein.
An entrant may be disqualified in Sponsor’s sole discretion if he/she fails to comply with any term of these Official Rules.
- Entry Period:
The Sweepstakes begins at 10:00 a.m. Mountain Time on December 16, 2024, and ends at 11:59 p.m. Mountain Time on January 3, 2025 (the “Entry Period”). Entries that are submitted before or after the Entry Period will be disqualified. Sponsor’s computer or that of its designee is the official time-keeping device for the Sweepstakes.
- How to Enter the Sweepstakes:
To enter the Sweepstakes, eligible individuals may enter the Sweepstakes by completing all of the following steps during the Entry Period: (i) follow @ORIJENPetfood on Instagram, and (ii) tag a friend by inserting the friend’s Instagram account handle in the comments below the @ORIJENPetfood Instagram post with the caption “ORIJEN Winter Giveaway (Day 1)”.
Eligible entries received during the Entry Period will constitute one entry into the Sweepstakes. Limit: fifty (50) entries per person. ADDITIONAL ENTRIES SUBMITTED IN EXCESS OF THIS LIMITATION BY THE SAME PERSON WILL BE DISQUALIFIED. Automated or bulk entries or entries submitted by third parties will be disqualified. Any attempt to obtain more than the permitted number of entries by using multiple/different email addresses, accounts, identities, forms, registrations and logins, or any other methods, will void that entrant's entries and result in disqualification.
In the event of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Sponsor, at its discretion, may require a potential winner to show proof of being the authorized account holder or forfeit the prize.
Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Sponsor is not responsible for: (i) lost, late, incomplete, damaged, misdirected, misplaced, stolen, tampered with, deleted, illegible, or invalid entries; (ii) any expenses incurred in the creation and submission of any entry; or (iii) lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of Entry will not be deemed proof of receipt by Sponsor.
Ineligible entries include entries that fail to comply with these Official Rules, as well as those that are, in whole or in part, threatening, abusive, harassing, defamatory, libelous, hateful, embarrassing to another person or entity, deceptive, obscene, invasive of another's privacy, tortious, contain racial slurs, or contain explicit or graphic descriptions or accounts of, sexual acts, or are not within the spirit of the Sweepstakes, as determined by Sponsor in its sole discretion.
- Winner Selection:
On or about January 6, 2025, Sponsor or its designee will randomly select two (2) potential winners from all eligible entries received during the Entry Period. The odds of winning depend on the number of eligible entries received.
Potential winners will be notified via an Instagram direct message that he or she is eligible to win the Sweepstakes. A potential winner (if a resident of Canada) will be contacted via Instagram direct message in order to administer a time-limited mathematical skill-testing question via Instagram direct message. A potential winner (if a resident of Canada) must correctly answer such question in the time limit indicated by the Sponsor. If a potential winner does not respond as instructed within five (5) business days after the date of the first attempt by Sponsor or its designees or in the case of Canadian residents fails to correctly answer the time-limited mathematical skill-testing question, an alternate potential winner may be selected at random from the non-winning, eligible entries. Sponsor or its designees are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify potential winners.
- Winner Verification:
Potential winners are subject to verification by Sponsor, including but not limited to verification of the potential winners’ identity and eligibility under these Official Rules. An entrant is not a winner of any prize unless and until entrant’s eligibility and the potential winning entry have been verified and entrant has been notified that verification is complete. Receiving a prize is contingent upon compliance with these Official Rules.
Each Potential winner will be required to complete a declaration and release through a third-party entity, WaiverSign, which among other things: (i) confirms compliance with these Official Rules and acceptance of the prize; (ii) releases the Sponsor, Instagram, Inc., and any other Sweepstakes parties and each of their respective officers, directors, agents, employees, representatives, principals, administrators, successors, predecessors, subsidiaries, affiliates, related entities, partners, and assigns from any liability in connection with the Sweepstakes, the Potential winner’s participation therein, and the prize and any use of the prize; and (iii) consents to the publication, reproduction and/or other use of the potential winner’s name, city, or state, Instagram account, likeness, and/or photo, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever worldwide, including via print, broadcast or the Internet, without further payment, notification, permission, or other consideration, except where prohibited by law. Potential winners may be required to sign other affidavits, releases, and/or appropriate income tax reporting documents, as determined by Sponsor in its sole and absolute discretion, in order to receive the prize.
The Sponsor will verify if each Potential Winner has complied with these Official Rules. If a potential winner fails to provide the Sponsor any information requested by the Sponsor or complete, sign, and/or return any required affidavits, releases, and/or other documents as requested by Sponsor or is otherwise verified by the Sponsor as being not in compliance with these Official Rules, then such potential winner will be deemed disqualified and to have forfeited his or her prize, and the subject prize will be awarded to a substitute prize winner selected in accordance with Section 5 above.
- Prizes:
Two (2) prize winners will each receive six (6) 3.25 oz bags of ORIJEN™ freeze-dried dog treats with an approximate retail value (“ARV”) of $15.99 USD ($18.99 CAD) per bag or six (6) 1.25 oz bags of ORIJEN™ freeze-dried cat treats with an ARV of $9.49 USD ($9.99 CAD) per bag. The aggregate ARV of all prizes to be awarded is $95.94 USD ($113.94 CAD) (in the case of dog) and $56.94 USD ($59.94 CAD) (in the case of cat). All applicable federal, provincial, state and local taxes are the responsibility of the winner. Winners are responsible for all online charges of any internet service or wireless carrier.
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- to collect or properly claim any of the potential prizes in accordance with these Official Rules will result in forfeiture of the prize. If forfeited for any reason, winner will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded. Prizes are non-transferable and may not be transferred, substituted, redeemed or exchanged for cash or any other prize except as provided herein. Sponsor reserves the right to substitute prize with one of comparable or greater value, at its sole discretion.
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- Release of Claims:
By PARTICIPATING IN THE SWEEPSTAKES AND receipt of any prize, EACH winner agrees, FOR THEMSELVES AND FOR THEIR HEIRS, EXECUTORS AND ADMINISTRATOR(S), to release, DEFEND, and hold harmless THE SWEEPSTAKES ENTITIES, AND EACH OF THEIR RESPECTIVE direct or indirect parent, subsidiary, affiliate, and related entities and advertising AND promotionAL agencies and each such company’s officers, directors, members, employees, contractors, REPRESENTATIVES, and agents (collectively, the “Released Parties”) from and against any and all losses, liability, injury, DAMAGES, claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, DIRECTLY OR INDIRECTLY, arising out of participation in the Sweepstakes or receipt, possession, use or misuse of any prize (INCLUDING ANY TRAVEL OR ANY SUCH ACTIVITIES RELATED THERETO).
- Indemnification:
To the maximum extent permitted by law, each entrant agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from (i) any misrepresentation made by entrant or the breach of any representation or warranty made by entrant in connection with the Sweepstakes or acceptance or receipt of any prize; or (ii) any non-compliance by the entrant with these Official Rules or any other rules or guidelines provided by Sponsor in connection with the Sweepstakes.
- Publicity:
Except where prohibited, participation in the Sweepstakes and acceptance of any prize constitutes winner’s consent to Sponsor’s and its authorized sublicensees’ use of winner’s name, likeness, photograph, voice, statements and/or hometown and/or state for promotional purposes worldwide, in perpetuity, in any and all media, manner, and formats now known or hereafter devised, without further payment or consideration.
- General Conditions:
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, widespread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the prize as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to modify the prize offered herein and to award the prize at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability:
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by any Entrant, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an Entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry, if possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these OFFICAL Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
- Disclaimer of Warranties:
RELEASED ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, IN REGARD TO THIS SWEEPSTAKES OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES AND/OR DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Disputes, Agreement to Arbitrate; Choice of Law & Forum:
Except where prohibited, entrant agrees that: (1) any and all claims, judgments and awards arising out of or connected with this Sweepstakes or any prize awarded shall be limited to actual out-of-pocket costs incurred, not to exceed $100 USD, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (2) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, not to exceed $100 USD, and any and all rights to have damages multiplied or otherwise increased. You and Sponsor agree that if there is any controversy, claim, or action arising out of or connected with this Sweepstakes, these Official Rules, or any prize awarded (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute (each, a “Dispute Notice”) and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. All Dispute Notices must: (1) be personally signed by the party sending the Dispute Notice; (2) include that party’s name, physical address, and email address; (3) describe with specificity the nature and basis of the Dispute and include any supporting documentation; and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Sponsor. As such, your Dispute and the Disputes of other parties may not be combined into a single Notice. Sponsor will send a Dispute Notice to you at the email address included in your Entry. You may send a Dispute Notice to Sponsor at Champion Petfoods USA Inc., Attn.: Legal Department, 363 Centennial Parkway, Suite 300, Louisville, CO 80027.
Both you and Sponsor agree that the foregoing dispute resolution procedure (the “Informal Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect of the Informal Resolution Procedure has not been met, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration and (ii) unless prohibited by law, the arbitration administrator shall not accept or administer an arbitration or demand fees in connection with the Dispute.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS. All such Disputes shall be submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect by one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be Denver, Colorado, provided that if the claim is for $10,000 USD or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference.
Without limiting any other provision of this section, you agree that the arbitrator, and not any federal, state, provincial, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Official Rules, including any claim that all or any part of these Official Rules are void or voidable. For the avoidance of doubt, you and Sponsor agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
In lieu of arbitration either you or Sponsor may (1) bring an individual claim or elect to resolve a Dispute in small claims court in the United States, consistent with any applicable jurisdictional and monetary limits that may apply (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction) and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights. In addition, nothing in these Official Rules prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Kentucky, without giving effect to any choice of law or conflict of law rules (whether of the State of Kentucky or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Kentucky.
IN THE EVENT OF ANY CONFLICT WITH ANY SWEEPSTAKES DETAILS CONTAINED IN THESE OFFICIAL RULES AND SWEEPSTAKES DETAILS CONTAINED IN ANY SWEEPSTAKES MATERIALS (INCLUDING BUT NOT LIMITED TO ELECTRONIC, DIGITAL, AND SOCIAL MEDIA), THE DETAILS OF THE SWEEPSTAKES AS SET FORTH IN THESE OFFICIAL RULES SHALL PREVAIL.
- Entrant's Personal Information:
Information collected from Entrants is subject to the Sponsor’s Privacy Policy: https://www.mars.com/privacy.
- Winners List:
The identity of the winners (name, state, and country) or a copy of these Official Rules will be made available on request to anyone that mails a written request to the Sponsor at Champion Petfoods USA Inc., Attn.: ACANA: ORIJEN Winter Giveaway (Day 1) Sweepstakes Administrator, 363 Centennial Parkway, Suite 300, Louisville, CO 80027. The winners’ list will be available within ten (10) weeks of the closing date of the Entry Period.
- No Instagram Association:
The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, Inc. or Meta Platforms, Inc. Information is being provided to the Sweepstakes Entities, not to Instagram, Inc. or Meta Platforms, Inc. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor and not to Instagram, Inc. or Meta Platforms, Inc. Your participation in this Sweepstakes must at all times comply with all applicable Instagram, Inc. and Meta Platforms, Inc. terms of service. In the event of any violation of such terms of service, the Sponsor may, in its sole and absolute discretion, disqualify you from the Sweepstakes.
ORIJEN Winter Giveaway (Day 2)
OFFICIAL RULES
(Canada and the 50 United States and Washington, D.C. Only)
No purchase or payment of any kind is necessary to enter or win. A purchase or payment will not increase your chances of winning. Void OUtside CANADA AND the 50 United states and washington d.c. and where prohibited by law.
PLEASE READ THESE RULES (“OFFICIAL RULES”) BEFORE ENTERING OR OTHERWISE PARTICIPATING IN THE SWEEPSTAKES. BY PARTICIPATING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE OFFICIAL RULES, WHICH FORM A BINDING CONTRACT BETWEEN YOU AND THE SPONSOR.
NOTE: THESE RULES INCLUDE AN ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRE YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
- Sponsor:
The sponsor of the ORIJEN Winter Giveaway (Day 2) (the “Sweepstakes”) is Champion Petfoods USA Inc., 363 Centennial Parkway, Suite 300, Louisville, CO 80027 (“Sponsor”).
- Eligibility:
The Sweepstakes is open only to consumers who, as of the start of the Entry Period (defined below) are legal residents of Canada or one of the fifty (50) United States or Washington, D.C. and are at least eighteen (18) years old and above the age of majority in their place of residence.
Employees, officers, and directors of the Sweepstakes Entities or any of their respective parent entities, affiliates, subsidiaries, representatives, agents, consultants, contractors, legal counsel, advertising, public relations, promotional fulfillment, and marketing agencies, as well as members of their immediate family (spouse, parents, siblings, and children) and household members, whether or not legally related, are not eligible to enter or win the Sweepstakes.
The Sweepstakes is subject to all applicable federal, provincial, state, and local laws and regulations and is void where prohibited.
Participation in the Sweepstakes 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 Sweepstakes. Winning a prize is contingent upon fulfilling all requirements as set forth herein.
An entrant may be disqualified in Sponsor’s sole discretion if he/she fails to comply with any term of these Official Rules.
- Entry Period:
The Sweepstakes begins at 10:00 a.m. Mountain Time on December 17, 2024, and ends at 11:59 p.m. Mountain Time on January 3, 2025 (the “Entry Period”). Entries that are submitted before or after the Entry Period will be disqualified. Sponsor’s computer or that of its designee is the official time-keeping device for the Sweepstakes.
- How to Enter the Sweepstakes:
To enter the Sweepstakes, eligible individuals may enter the Sweepstakes by completing all of the following steps during the Entry Period: (i) follow @ORIJENPetfood on Instagram, and (ii) tag a friend by inserting the friend’s Instagram account handle in the comments below the @ORIJENPetfood Instagram post with the caption “ORIJEN Winter Giveaway (Day 2)”.
Eligible entries received during the Entry Period will constitute one entry into the Sweepstakes. Limit: fifty (50) entries per person. ADDITIONAL ENTRIES SUBMITTED IN EXCESS OF THIS LIMITATION BY THE SAME PERSON WILL BE DISQUALIFIED. Automated or bulk entries or entries submitted by third parties will be disqualified. Any attempt to obtain more than the permitted number of entries by using multiple/different email addresses, accounts, identities, forms, registrations and logins, or any other methods, will void that entrant's entries and result in disqualification.
In the event of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Sponsor, at its discretion, may require a potential winner to show proof of being the authorized account holder or forfeit the prize.
Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Sponsor is not responsible for: (i) lost, late, incomplete, damaged, misdirected, misplaced, stolen, tampered with, deleted, illegible, or invalid entries; (ii) any expenses incurred in the creation and submission of any entry; or (iii) lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of Entry will not be deemed proof of receipt by Sponsor.
Ineligible entries include entries that fail to comply with these Official Rules, as well as those that are, in whole or in part, threatening, abusive, harassing, defamatory, libelous, hateful, embarrassing to another person or entity, deceptive, obscene, invasive of another's privacy, tortious, contain racial slurs, or contain explicit or graphic descriptions or accounts of, sexual acts, or are not within the spirit of the Sweepstakes, as determined by Sponsor in its sole discretion.
- Winner Selection:
On or about January 6, 2025, Sponsor or its designee will randomly select one (1) potential winner from all eligible entries received during the Entry Period. The odds of winning depend on the number of eligible entries received.
Potential winners will be notified via an Instagram direct message that he or she is eligible to win the Sweepstakes. A potential winner (if a resident of Canada) will be contacted via Instagram direct message in order to administer a time-limited mathematical skill-testing question via Instagram direct message. A potential winner (if a resident of Canada) must correctly answer such question in the time limit indicated by the Sponsor. If a potential winner does not respond as instructed within five (5) business days after the date of the first attempt by Sponsor or its designees or in the case of Canadian residents fails to correctly answer the time-limited mathematical skill-testing question, an alternate potential winner may be selected at random from the non-winning, eligible entries. Sponsor or its designees are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify potential winners.
- Winner Verification:
Potential winners are subject to verification by Sponsor, including but not limited to verification of the potential winners’ identity and eligibility under these Official Rules. An entrant is not a winner of any prize unless and until entrant’s eligibility and the potential winning entry have been verified and entrant has been notified that verification is complete. Receiving a prize is contingent upon compliance with these Official Rules.
Each Potential winner will be required to complete a declaration and release through a third-party entity, WaiverSign, which among other things: (i) confirms compliance with these Official Rules and acceptance of the prize; (ii) releases the Sponsor, Instagram, Inc., and any other Sweepstakes parties and each of their respective officers, directors, agents, employees, representatives, principals, administrators, successors, predecessors, subsidiaries, affiliates, related entities, partners, and assigns from any liability in connection with the Sweepstakes, the Potential winner’s participation therein, and the prize and any use of the prize; and (iii) consents to the publication, reproduction and/or other use of the potential winner’s name, city, or state, Instagram account, likeness, and/or photo, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever worldwide, including via print, broadcast or the Internet, without further payment, notification, permission, or other consideration, except where prohibited by law. Potential winners may be required to sign other affidavits, releases, and/or appropriate income tax reporting documents, as determined by Sponsor in its sole and absolute discretion, in order to receive the prize.
The Sponsor will verify if each Potential Winner has complied with these Official Rules. If a potential winner fails to provide the Sponsor any information requested by the Sponsor or complete, sign, and/or return any required affidavits, releases, and/or other documents as requested by Sponsor or is otherwise verified by the Sponsor as being not in compliance with these Official Rules, then such potential winner will be deemed disqualified and to have forfeited his or her prize, and the subject prize will be awarded to a substitute prize winner selected in accordance with Section 5 above.
- Prizes:
One (1) prize winner will each receive one (1) 23.5lb bag of any ORIJEN™ dry dog food with an approximate retail value (“ARV”) of $138.99 USD ($164.99 CAD), twelve (12) 12.8 oz (363 g) cans of ORIJEN™ premium wet dog food with an ARV of $5.59 USD ($7.29 CAD) per can, and three (3) 3.25 oz (92 g) bags of ORIJEN™ freeze-dried dog treats with an ARV of $15.99 USD ($18.99 CAD) per bag. The aggregate ARV of all prizes to be awarded is $254.04 USD ($309.44 CAD). All applicable federal, provincial, state and local taxes are the responsibility of the winner. Winners are responsible for all online charges of any internet service or wireless carrier.
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- to collect or properly claim any of the potential prizes in accordance with these Official Rules will result in forfeiture of the prize. If forfeited for any reason, winner will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded. Prizes are non-transferable and may not be transferred, substituted, redeemed or exchanged for cash or any other prize except as provided herein. Sponsor reserves the right to substitute prize with one of comparable or greater value, at its sole discretion.
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- Release of Claims:
By PARTICIPATING IN THE SWEEPSTAKES AND receipt of any prize, EACH winner agrees, FOR THEMSELVES AND FOR THEIR HEIRS, EXECUTORS AND ADMINISTRATOR(S), to release, DEFEND, and hold harmless THE SWEEPSTAKES ENTITIES, AND EACH OF THEIR RESPECTIVE direct or indirect parent, subsidiary, affiliate, and related entities and advertising AND promotionAL agencies and each such company’s officers, directors, members, employees, contractors, REPRESENTATIVES, and agents (collectively, the “Released Parties”) from and against any and all losses, liability, injury, DAMAGES, claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, DIRECTLY OR INDIRECTLY, arising out of participation in the Sweepstakes or receipt, possession, use or misuse of any prize (INCLUDING ANY TRAVEL OR ANY SUCH ACTIVITIES RELATED THERETO).
- Indemnification:
To the maximum extent permitted by law, each entrant agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from (i) any misrepresentation made by entrant or the breach of any representation or warranty made by entrant in connection with the Sweepstakes or acceptance or receipt of any prize; or (ii) any non-compliance by the entrant with these Official Rules or any other rules or guidelines provided by Sponsor in connection with the Sweepstakes.
- Publicity:
Except where prohibited, participation in the Sweepstakes and acceptance of any prize constitutes winner’s consent to Sponsor’s and its authorized sublicensees’ use of winner’s name, likeness, photograph, voice, statements and/or hometown and/or state for promotional purposes worldwide, in perpetuity, in any and all media, manner, and formats now known or hereafter devised, without further payment or consideration.
- General Conditions:
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, widespread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the prize as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to modify the prize offered herein and to award the prize at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability:
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by any Entrant, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an Entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry, if possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these OFFICAL Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
- Disclaimer of Warranties:
RELEASED ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, IN REGARD TO THIS SWEEPSTAKES OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES AND/OR DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Disputes, Agreement to Arbitrate; Choice of Law & Forum:
Except where prohibited, entrant agrees that: (1) any and all claims, judgments and awards arising out of or connected with this Sweepstakes or any prize awarded shall be limited to actual out-of-pocket costs incurred, not to exceed $100 USD, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (2) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, not to exceed $100 USD, and any and all rights to have damages multiplied or otherwise increased. You and Sponsor agree that if there is any controversy, claim, or action arising out of or connected with this Sweepstakes, these Official Rules, or any prize awarded (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute (each, a “Dispute Notice”) and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. All Dispute Notices must: (1) be personally signed by the party sending the Dispute Notice; (2) include that party’s name, physical address, and email address; (3) describe with specificity the nature and basis of the Dispute and include any supporting documentation; and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Sponsor. As such, your Dispute and the Disputes of other parties may not be combined into a single Notice. Sponsor will send a Dispute Notice to you at the email address included in your Entry. You may send a Dispute Notice to Sponsor at Champion Petfoods USA Inc., Attn.: Legal Department, 363 Centennial Parkway, Suite 300, Louisville, CO 80027.
Both you and Sponsor agree that the foregoing dispute resolution procedure (the “Informal Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect of the Informal Resolution Procedure has not been met, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration and (ii) unless prohibited by law, the arbitration administrator shall not accept or administer an arbitration or demand fees in connection with the Dispute.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS. All such Disputes shall be submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect by one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be Denver, Colorado, provided that if the claim is for $10,000 USD or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference.
Without limiting any other provision of this section, you agree that the arbitrator, and not any federal, state, provincial, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Official Rules, including any claim that all or any part of these Official Rules are void or voidable. For the avoidance of doubt, you and Sponsor agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
In lieu of arbitration either you or Sponsor may (1) bring an individual claim or elect to resolve a Dispute in small claims court in the United States, consistent with any applicable jurisdictional and monetary limits that may apply (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction) and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights. In addition, nothing in these Official Rules prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Kentucky, without giving effect to any choice of law or conflict of law rules (whether of the State of Kentucky or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Kentucky.
IN THE EVENT OF ANY CONFLICT WITH ANY SWEEPSTAKES DETAILS CONTAINED IN THESE OFFICIAL RULES AND SWEEPSTAKES DETAILS CONTAINED IN ANY SWEEPSTAKES MATERIALS (INCLUDING BUT NOT LIMITED TO ELECTRONIC, DIGITAL, AND SOCIAL MEDIA), THE DETAILS OF THE SWEEPSTAKES AS SET FORTH IN THESE OFFICIAL RULES SHALL PREVAIL.
- Entrant's Personal Information:
Information collected from Entrants is subject to the Sponsor’s Privacy Policy: https://www.mars.com/privacy.
- Winners List:
The identity of the winners (name, state, and country) or a copy of these Official Rules will be made available on request to anyone that mails a written request to the Sponsor at Champion Petfoods USA Inc., Attn.: ACANA: ORIJEN Winter Giveaway (Day 2) Sweepstakes Administrator, 363 Centennial Parkway, Suite 300, Louisville, CO 80027. The winners’ list will be available within ten (10) weeks of the closing date of the Entry Period.
- No Instagram Association:
The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, Inc. or Meta Platforms, Inc. Information is being provided to the Sweepstakes Entities, not to Instagram, Inc. or Meta Platforms, Inc. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor and not to Instagram, Inc. or Meta Platforms, Inc. Your participation in this Sweepstakes must at all times comply with all applicable Instagram, Inc. and Meta Platforms, Inc. terms of service. In the event of any violation of such terms of service, the Sponsor may, in its sole and absolute discretion, disqualify you from the Sweepstakes.
ORIJEN Winter Giveaway (Day 3)
OFFICIAL RULES
(Canada and the 50 United States and Washington, D.C. Only)
No purchase or payment of any kind is necessary to enter or win. A purchase or payment will not increase your chances of winning. Void OUtside CANADA AND the 50 United states and washington d.c. and where prohibited by law.
PLEASE READ THESE RULES (“OFFICIAL RULES”) BEFORE ENTERING OR OTHERWISE PARTICIPATING IN THE SWEEPSTAKES. BY PARTICIPATING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE OFFICIAL RULES, WHICH FORM A BINDING CONTRACT BETWEEN YOU AND THE SPONSOR.
NOTE: THESE RULES INCLUDE AN ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRE YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
- Sponsor:
The sponsor of the ORIJEN Winter Giveaway (Day 3) (the “Sweepstakes”) is Champion Petfoods USA Inc., 363 Centennial Parkway, Suite 300, Louisville, CO 80027 (“Sponsor”).
- Eligibility:
The Sweepstakes is open only to consumers who, as of the start of the Entry Period (defined below) are legal residents of Canada or one of the fifty (50) United States or Washington, D.C. and are at least eighteen (18) years old and above the age of majority in their place of residence.
Employees, officers, and directors of the Sweepstakes Entities or any of their respective parent entities, affiliates, subsidiaries, representatives, agents, consultants, contractors, legal counsel, advertising, public relations, promotional fulfillment, and marketing agencies, as well as members of their immediate family (spouse, parents, siblings, and children) and household members, whether or not legally related, are not eligible to enter or win the Sweepstakes.
The Sweepstakes is subject to all applicable federal, provincial, state, and local laws and regulations and is void where prohibited.
Participation in the Sweepstakes 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 Sweepstakes. Winning a prize is contingent upon fulfilling all requirements as set forth herein.
An entrant may be disqualified in Sponsor’s sole discretion if he/she fails to comply with any term of these Official Rules.
- Entry Period:
The Sweepstakes begins at 10:00 a.m. Mountain Time on December 18, 2024, and ends at 11:59 p.m. Mountain Time on January 3, 2025 (the “Entry Period”). Entries that are submitted before or after the Entry Period will be disqualified. Sponsor’s computer or that of its designee is the official time-keeping device for the Sweepstakes.
- How to Enter the Sweepstakes:
To enter the Sweepstakes, eligible individuals may enter the Sweepstakes by completing all of the following steps during the Entry Period: (i) follow @ORIJENPetfood on Instagram, and (ii) tag a friend by inserting the friend’s Instagram account handle in the comments below the @ORIJENPetfood Instagram post with the caption “ORIJEN Winter Giveaway (Day 3)”.
Eligible entries received during the Entry Period will constitute one entry into the Sweepstakes. Limit: fifty (50) entries per person. ADDITIONAL ENTRIES SUBMITTED IN EXCESS OF THIS LIMITATION BY THE SAME PERSON WILL BE DISQUALIFIED. Automated or bulk entries or entries submitted by third parties will be disqualified. Any attempt to obtain more than the permitted number of entries by using multiple/different email addresses, accounts, identities, forms, registrations and logins, or any other methods, will void that entrant's entries and result in disqualification.
In the event of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Sponsor, at its discretion, may require a potential winner to show proof of being the authorized account holder or forfeit the prize.
Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Sponsor is not responsible for: (i) lost, late, incomplete, damaged, misdirected, misplaced, stolen, tampered with, deleted, illegible, or invalid entries; (ii) any expenses incurred in the creation and submission of any entry; or (iii) lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of Entry will not be deemed proof of receipt by Sponsor.
Ineligible entries include entries that fail to comply with these Official Rules, as well as those that are, in whole or in part, threatening, abusive, harassing, defamatory, libelous, hateful, embarrassing to another person or entity, deceptive, obscene, invasive of another's privacy, tortious, contain racial slurs, or contain explicit or graphic descriptions or accounts of, sexual acts, or are not within the spirit of the Sweepstakes, as determined by Sponsor in its sole discretion.
- Winner Selection:
On or about January 6, 2025, Sponsor or its designee will randomly select one (1) potential winner from all eligible entries received during the Entry Period. The odds of winning depend on the number of eligible entries received.
Potential winners will be notified via an Instagram direct message that he or she is eligible to win the Sweepstakes. A potential winner (if a resident of Canada) will be contacted via Instagram direct message in order to administer a time-limited mathematical skill-testing question via Instagram direct message. A potential winner (if a resident of Canada) must correctly answer such question in the time limit indicated by the Sponsor. If a potential winner does not respond as instructed within five (5) business days after the date of the first attempt by Sponsor or its designees or in the case of Canadian residents fails to correctly answer the time-limited mathematical skill-testing question, an alternate potential winner may be selected at random from the non-winning, eligible entries. Sponsor or its designees are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify potential winners.
- Winner Verification:
Potential winners are subject to verification by Sponsor, including but not limited to verification of the potential winners’ identity and eligibility under these Official Rules. An entrant is not a winner of any prize unless and until entrant’s eligibility and the potential winning entry have been verified and entrant has been notified that verification is complete. Receiving a prize is contingent upon compliance with these Official Rules.
Each Potential winner will be required to complete a declaration and release through a third-party entity, WaiverSign, which among other things: (i) confirms compliance with these Official Rules and acceptance of the prize; (ii) releases the Sponsor, Instagram, Inc., and any other Sweepstakes parties and each of their respective officers, directors, agents, employees, representatives, principals, administrators, successors, predecessors, subsidiaries, affiliates, related entities, partners, and assigns from any liability in connection with the Sweepstakes, the Potential winner’s participation therein, and the prize and any use of the prize; and (iii) consents to the publication, reproduction and/or other use of the potential winner’s name, city, or state, Instagram account, likeness, and/or photo, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever worldwide, including via print, broadcast or the Internet, without further payment, notification, permission, or other consideration, except where prohibited by law. Potential winners may be required to sign other affidavits, releases, and/or appropriate income tax reporting documents, as determined by Sponsor in its sole and absolute discretion, in order to receive the prize.
The Sponsor will verify if each Potential Winner has complied with these Official Rules. If a potential winner fails to provide the Sponsor any information requested by the Sponsor or complete, sign, and/or return any required affidavits, releases, and/or other documents as requested by Sponsor or is otherwise verified by the Sponsor as being not in compliance with these Official Rules, then such potential winner will be deemed disqualified and to have forfeited his or her prize, and the subject prize will be awarded to a substitute prize winner selected in accordance with Section 5 above.
- Prizes:
One (1) prize winner will each receive one (1) 10-12 lb (4.5-54. kg) bag of any ORIJEN™ dry cat food with an approximate retail value (“ARV”) of $79.99 USD ($84.99 CAD), twelve (12) 5.5 oz (155 g) cans of ORIJEN™ premium wet cat food with an ARV of $3.29 USD ($4.49 CAD) per can, and three (3) 1.25 oz (35 g) bags of ORIJEN™ freeze-dried cat treats with an ARV of $9.49 USD ($9.99 CAD) per bag. The aggregate ARV of all prizes to be awarded is $147.94 USD ($168.84 CAD). All applicable federal, provincial, state and local taxes are the responsibility of the winner. Winners are responsible for all online charges of any internet service or wireless carrier.
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- to collect or properly claim any of the potential prizes in accordance with these Official Rules will result in forfeiture of the prize. If forfeited for any reason, winner will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded. Prizes are non-transferable and may not be transferred, substituted, redeemed or exchanged for cash or any other prize except as provided herein. Sponsor reserves the right to substitute prize with one of comparable or greater value, at its sole discretion.
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- Release of Claims:
By PARTICIPATING IN THE SWEEPSTAKES AND receipt of any prize, EACH winner agrees, FOR THEMSELVES AND FOR THEIR HEIRS, EXECUTORS AND ADMINISTRATOR(S), to release, DEFEND, and hold harmless THE SWEEPSTAKES ENTITIES, AND EACH OF THEIR RESPECTIVE direct or indirect parent, subsidiary, affiliate, and related entities and advertising AND promotionAL agencies and each such company’s officers, directors, members, employees, contractors, REPRESENTATIVES, and agents (collectively, the “Released Parties”) from and against any and all losses, liability, injury, DAMAGES, claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, DIRECTLY OR INDIRECTLY, arising out of participation in the Sweepstakes or receipt, possession, use or misuse of any prize (INCLUDING ANY TRAVEL OR ANY SUCH ACTIVITIES RELATED THERETO).
- Indemnification:
To the maximum extent permitted by law, each entrant agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from (i) any misrepresentation made by entrant or the breach of any representation or warranty made by entrant in connection with the Sweepstakes or acceptance or receipt of any prize; or (ii) any non-compliance by the entrant with these Official Rules or any other rules or guidelines provided by Sponsor in connection with the Sweepstakes.
- Publicity:
Except where prohibited, participation in the Sweepstakes and acceptance of any prize constitutes winner’s consent to Sponsor’s and its authorized sublicensees’ use of winner’s name, likeness, photograph, voice, statements and/or hometown and/or state for promotional purposes worldwide, in perpetuity, in any and all media, manner, and formats now known or hereafter devised, without further payment or consideration.
- General Conditions:
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, widespread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the prize as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to modify the prize offered herein and to award the prize at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability:
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by any Entrant, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an Entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry, if possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these OFFICAL Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
- Disclaimer of Warranties:
RELEASED ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, IN REGARD TO THIS SWEEPSTAKES OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES AND/OR DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Disputes, Agreement to Arbitrate; Choice of Law & Forum:
Except where prohibited, entrant agrees that: (1) any and all claims, judgments and awards arising out of or connected with this Sweepstakes or any prize awarded shall be limited to actual out-of-pocket costs incurred, not to exceed $100 USD, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (2) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, not to exceed $100 USD, and any and all rights to have damages multiplied or otherwise increased. You and Sponsor agree that if there is any controversy, claim, or action arising out of or connected with this Sweepstakes, these Official Rules, or any prize awarded (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute (each, a “Dispute Notice”) and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. All Dispute Notices must: (1) be personally signed by the party sending the Dispute Notice; (2) include that party’s name, physical address, and email address; (3) describe with specificity the nature and basis of the Dispute and include any supporting documentation; and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Sponsor. As such, your Dispute and the Disputes of other parties may not be combined into a single Notice. Sponsor will send a Dispute Notice to you at the email address included in your Entry. You may send a Dispute Notice to Sponsor at Champion Petfoods USA Inc., Attn.: Legal Department, 363 Centennial Parkway, Suite 300, Louisville, CO 80027.
Both you and Sponsor agree that the foregoing dispute resolution procedure (the “Informal Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect of the Informal Resolution Procedure has not been met, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration and (ii) unless prohibited by law, the arbitration administrator shall not accept or administer an arbitration or demand fees in connection with the Dispute.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS. All such Disputes shall be submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect by one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be Denver, Colorado, provided that if the claim is for $10,000 USD or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference.
Without limiting any other provision of this section, you agree that the arbitrator, and not any federal, state, provincial, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Official Rules, including any claim that all or any part of these Official Rules are void or voidable. For the avoidance of doubt, you and Sponsor agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
In lieu of arbitration either you or Sponsor may (1) bring an individual claim or elect to resolve a Dispute in small claims court in the United States, consistent with any applicable jurisdictional and monetary limits that may apply (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction) and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights. In addition, nothing in these Official Rules prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Kentucky, without giving effect to any choice of law or conflict of law rules (whether of the State of Kentucky or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Kentucky.
IN THE EVENT OF ANY CONFLICT WITH ANY SWEEPSTAKES DETAILS CONTAINED IN THESE OFFICIAL RULES AND SWEEPSTAKES DETAILS CONTAINED IN ANY SWEEPSTAKES MATERIALS (INCLUDING BUT NOT LIMITED TO ELECTRONIC, DIGITAL, AND SOCIAL MEDIA), THE DETAILS OF THE SWEEPSTAKES AS SET FORTH IN THESE OFFICIAL RULES SHALL PREVAIL.
- Entrant's Personal Information:
Information collected from Entrants is subject to the Sponsor’s Privacy Policy: https://www.mars.com/privacy.
- Winners List:
The identity of the winners (name, state, and country) or a copy of these Official Rules will be made available on request to anyone that mails a written request to the Sponsor at Champion Petfoods USA Inc., Attn.: ACANA: ORIJEN Winter Giveaway (Day 3) Sweepstakes Administrator, 363 Centennial Parkway, Suite 300, Louisville, CO 80027. The winners’ list will be available within ten (10) weeks of the closing date of the Entry Period.
- No Instagram Association:
The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, Inc. or Meta Platforms, Inc. Information is being provided to the Sweepstakes Entities, not to Instagram, Inc. or Meta Platforms, Inc. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor and not to Instagram, Inc. or Meta Platforms, Inc. Your participation in this Sweepstakes must at all times comply with all applicable Instagram, Inc. and Meta Platforms, Inc. terms of service. In the event of any violation of such terms of service, the Sponsor may, in its sole and absolute discretion, disqualify you from the Sweepstakes.
ORIJEN Winter Giveaway (Day 4)
OFFICIAL RULES
(Canada and the 50 United States and Washington, D.C. Only)
No purchase or payment of any kind is necessary to enter or win. A purchase or payment will not increase your chances of winning. Void OUtside CANADA AND the 50 United states and washington d.c. and where prohibited by law.
PLEASE READ THESE RULES (“OFFICIAL RULES”) BEFORE ENTERING OR OTHERWISE PARTICIPATING IN THE SWEEPSTAKES. BY PARTICIPATING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE OFFICIAL RULES, WHICH FORM A BINDING CONTRACT BETWEEN YOU AND THE SPONSOR.
NOTE: THESE RULES INCLUDE AN ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRE YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
- Sponsor:
The sponsor of the ORIJEN Winter Giveaway (Day 4) (the “Sweepstakes”) is Champion Petfoods USA Inc., 363 Centennial Parkway, Suite 300, Louisville, CO 80027 (“Sponsor”).
- Eligibility:
The Sweepstakes is open only to consumers who, as of the start of the Entry Period (defined below) are legal residents of Canada or one of the fifty (50) United States or Washington, D.C. and are at least eighteen (18) years old and above the age of majority in their place of residence.
Employees, officers, and directors of the Sweepstakes Entities or any of their respective parent entities, affiliates, subsidiaries, representatives, agents, consultants, contractors, legal counsel, advertising, public relations, promotional fulfillment, and marketing agencies, as well as members of their immediate family (spouse, parents, siblings, and children) and household members, whether or not legally related, are not eligible to enter or win the Sweepstakes.
The Sweepstakes is subject to all applicable federal, provincial, state, and local laws and regulations and is void where prohibited.
Participation in the Sweepstakes 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 Sweepstakes. Winning a prize is contingent upon fulfilling all requirements as set forth herein.
An entrant may be disqualified in Sponsor’s sole discretion if he/she fails to comply with any term of these Official Rules.
- Entry Period:
The Sweepstakes begins at 10:00 a.m. Mountain Time on December 19, 2024, and ends at 11:59 p.m. Mountain Time on January 3, 2025 (the “Entry Period”). Entries that are submitted before or after the Entry Period will be disqualified. Sponsor’s computer or that of its designee is the official time-keeping device for the Sweepstakes.
- How to Enter the Sweepstakes:
To enter the Sweepstakes, eligible individuals may enter the Sweepstakes by completing all of the following steps during the Entry Period: (i) follow @ORIJENPetfood on Instagram, and (ii) tag a friend by inserting the friend’s Instagram account handle in the comments below the @ORIJENPetfood Instagram post with the caption “ORIJEN Winter Giveaway (Day 4)”.
Eligible entries received during the Entry Period will constitute one entry into the Sweepstakes. Limit: fifty (50) entries per person. ADDITIONAL ENTRIES SUBMITTED IN EXCESS OF THIS LIMITATION BY THE SAME PERSON WILL BE DISQUALIFIED. Automated or bulk entries or entries submitted by third parties will be disqualified. Any attempt to obtain more than the permitted number of entries by using multiple/different email addresses, accounts, identities, forms, registrations and logins, or any other methods, will void that entrant's entries and result in disqualification.
In the event of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Sponsor, at its discretion, may require a potential winner to show proof of being the authorized account holder or forfeit the prize.
Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Sponsor is not responsible for: (i) lost, late, incomplete, damaged, misdirected, misplaced, stolen, tampered with, deleted, illegible, or invalid entries; (ii) any expenses incurred in the creation and submission of any entry; or (iii) lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of Entry will not be deemed proof of receipt by Sponsor.
Ineligible entries include entries that fail to comply with these Official Rules, as well as those that are, in whole or in part, threatening, abusive, harassing, defamatory, libelous, hateful, embarrassing to another person or entity, deceptive, obscene, invasive of another's privacy, tortious, contain racial slurs, or contain explicit or graphic descriptions or accounts of, sexual acts, or are not within the spirit of the Sweepstakes, as determined by Sponsor in its sole discretion.
- Winner Selection:
On or about January 6, 2025, Sponsor or its designee will randomly select two (2) potential winners from all eligible entries received during the Entry Period. The odds of winning depend on the number of eligible entries received.
Potential winners will be notified via an Instagram direct message that he or she is eligible to win the Sweepstakes. A potential winner (if a resident of Canada) will be contacted via Instagram direct message in order to administer a time-limited mathematical skill-testing question via Instagram direct message. A potential winner (if a resident of Canada) must correctly answer such question in the time limit indicated by the Sponsor. If a potential winner does not respond as instructed within five (5) business days after the date of the first attempt by Sponsor or its designees or in the case of Canadian residents fails to correctly answer the time-limited mathematical skill-testing question, an alternate potential winner may be selected at random from the non-winning, eligible entries. Sponsor or its designees are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify potential winners.
- Winner Verification:
Potential winners are subject to verification by Sponsor, including but not limited to verification of the potential winners’ identity and eligibility under these Official Rules. An entrant is not a winner of any prize unless and until entrant’s eligibility and the potential winning entry have been verified and entrant has been notified that verification is complete. Receiving a prize is contingent upon compliance with these Official Rules.
Each Potential winner will be required to complete a declaration and release through a third-party entity, WaiverSign, which among other things: (i) confirms compliance with these Official Rules and acceptance of the prize; (ii) releases the Sponsor, Instagram, Inc., and any other Sweepstakes parties and each of their respective officers, directors, agents, employees, representatives, principals, administrators, successors, predecessors, subsidiaries, affiliates, related entities, partners, and assigns from any liability in connection with the Sweepstakes, the Potential winner’s participation therein, and the prize and any use of the prize; and (iii) consents to the publication, reproduction and/or other use of the potential winner’s name, city, or state, Instagram account, likeness, and/or photo, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever worldwide, including via print, broadcast or the Internet, without further payment, notification, permission, or other consideration, except where prohibited by law. Potential winners may be required to sign other affidavits, releases, and/or appropriate income tax reporting documents, as determined by Sponsor in its sole and absolute discretion, in order to receive the prize.
The Sponsor will verify if each Potential Winner has complied with these Official Rules. If a potential winner fails to provide the Sponsor any information requested by the Sponsor or complete, sign, and/or return any required affidavits, releases, and/or other documents as requested by Sponsor or is otherwise verified by the Sponsor as being not in compliance with these Official Rules, then such potential winner will be deemed disqualified and to have forfeited his or her prize, and the subject prize will be awarded to a substitute prize winner selected in accordance with Section 5 above.
- Prizes:
Two (2) prize winners will receive twelve (12) 12.8 oz (363 g) cans of ORIJEN™ premium wet dog food with an approximate retail value (“ARV”) of $5.59 USD ($7.29 CAD) or twelve (12) 5.5 oz (155g) cans of ORIJEN™ premium wet cat food with an approximate retail value (“ARV”) of $3.29 USD ($4.49 CAD). The aggregate ARV of all prizes to be awarded is $67.08 USD ($87.48 CAD) (in the case of dog) and $39.48 USD ($53.88 CAD) (in the case of cat). All applicable federal, provincial, state and local taxes are the responsibility of the winner. Winners are responsible for all online charges of any internet service or wireless carrier.
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- to collect or properly claim any of the potential prizes in accordance with these Official Rules will result in forfeiture of the prize. If forfeited for any reason, winner will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded. Prizes are non-transferable and may not be transferred, substituted, redeemed or exchanged for cash or any other prize except as provided herein. Sponsor reserves the right to substitute prize with one of comparable or greater value, at its sole discretion.
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- Release of Claims:
By PARTICIPATING IN THE SWEEPSTAKES AND receipt of any prize, EACH winner agrees, FOR THEMSELVES AND FOR THEIR HEIRS, EXECUTORS AND ADMINISTRATOR(S), to release, DEFEND, and hold harmless THE SWEEPSTAKES ENTITIES, AND EACH OF THEIR RESPECTIVE direct or indirect parent, subsidiary, affiliate, and related entities and advertising AND promotionAL agencies and each such company’s officers, directors, members, employees, contractors, REPRESENTATIVES, and agents (collectively, the “Released Parties”) from and against any and all losses, liability, injury, DAMAGES, claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, DIRECTLY OR INDIRECTLY, arising out of participation in the Sweepstakes or receipt, possession, use or misuse of any prize (INCLUDING ANY TRAVEL OR ANY SUCH ACTIVITIES RELATED THERETO).
- Indemnification:
To the maximum extent permitted by law, each entrant agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from (i) any misrepresentation made by entrant or the breach of any representation or warranty made by entrant in connection with the Sweepstakes or acceptance or receipt of any prize; or (ii) any non-compliance by the entrant with these Official Rules or any other rules or guidelines provided by Sponsor in connection with the Sweepstakes.
- Publicity:
Except where prohibited, participation in the Sweepstakes and acceptance of any prize constitutes winner’s consent to Sponsor’s and its authorized sublicensees’ use of winner’s name, likeness, photograph, voice, statements and/or hometown and/or state for promotional purposes worldwide, in perpetuity, in any and all media, manner, and formats now known or hereafter devised, without further payment or consideration.
- General Conditions:
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, widespread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the prize as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to modify the prize offered herein and to award the prize at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability:
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by any Entrant, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an Entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry, if possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these OFFICAL Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
- Disclaimer of Warranties:
RELEASED ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, IN REGARD TO THIS SWEEPSTAKES OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES AND/OR DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Disputes, Agreement to Arbitrate; Choice of Law & Forum:
Except where prohibited, entrant agrees that: (1) any and all claims, judgments and awards arising out of or connected with this Sweepstakes or any prize awarded shall be limited to actual out-of-pocket costs incurred, not to exceed $100 USD, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (2) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, not to exceed $100 USD, and any and all rights to have damages multiplied or otherwise increased. You and Sponsor agree that if there is any controversy, claim, or action arising out of or connected with this Sweepstakes, these Official Rules, or any prize awarded (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute (each, a “Dispute Notice”) and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. All Dispute Notices must: (1) be personally signed by the party sending the Dispute Notice; (2) include that party’s name, physical address, and email address; (3) describe with specificity the nature and basis of the Dispute and include any supporting documentation; and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Sponsor. As such, your Dispute and the Disputes of other parties may not be combined into a single Notice. Sponsor will send a Dispute Notice to you at the email address included in your Entry. You may send a Dispute Notice to Sponsor at Champion Petfoods USA Inc., Attn.: Legal Department, 363 Centennial Parkway, Suite 300, Louisville, CO 80027.
Both you and Sponsor agree that the foregoing dispute resolution procedure (the “Informal Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect of the Informal Resolution Procedure has not been met, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration and (ii) unless prohibited by law, the arbitration administrator shall not accept or administer an arbitration or demand fees in connection with the Dispute.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS. All such Disputes shall be submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect by one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be Denver, Colorado, provided that if the claim is for $10,000 USD or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference.
Without limiting any other provision of this section, you agree that the arbitrator, and not any federal, state, provincial, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Official Rules, including any claim that all or any part of these Official Rules are void or voidable. For the avoidance of doubt, you and Sponsor agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
In lieu of arbitration either you or Sponsor may (1) bring an individual claim or elect to resolve a Dispute in small claims court in the United States, consistent with any applicable jurisdictional and monetary limits that may apply (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction) and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights. In addition, nothing in these Official Rules prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Kentucky, without giving effect to any choice of law or conflict of law rules (whether of the State of Kentucky or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Kentucky.
IN THE EVENT OF ANY CONFLICT WITH ANY SWEEPSTAKES DETAILS CONTAINED IN THESE OFFICIAL RULES AND SWEEPSTAKES DETAILS CONTAINED IN ANY SWEEPSTAKES MATERIALS (INCLUDING BUT NOT LIMITED TO ELECTRONIC, DIGITAL, AND SOCIAL MEDIA), THE DETAILS OF THE SWEEPSTAKES AS SET FORTH IN THESE OFFICIAL RULES SHALL PREVAIL.
- Entrant's Personal Information:
Information collected from Entrants is subject to the Sponsor’s Privacy Policy: https://www.mars.com/privacy.
- Winners List:
The identity of the winners (name, state, and country) or a copy of these Official Rules will be made available on request to anyone that mails a written request to the Sponsor at Champion Petfoods USA Inc., Attn.: ACANA: ORIJEN Winter Giveaway (Day 4) Sweepstakes Administrator, 363 Centennial Parkway, Suite 300, Louisville, CO 80027. The winners’ list will be available within ten (10) weeks of the closing date of the Entry Period.
- No Instagram Association:
The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, Inc. or Meta Platforms, Inc. Information is being provided to the Sweepstakes Entities, not to Instagram, Inc. or Meta Platforms, Inc. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor and not to Instagram, Inc. or Meta Platforms, Inc. Your participation in this Sweepstakes must at all times comply with all applicable Instagram, Inc. and Meta Platforms, Inc. terms of service. In the event of any violation of such terms of service, the Sponsor may, in its sole and absolute discretion, disqualify you from the Sweepstakes.
ORIJEN Winter Giveaway (Day 5)
OFFICIAL RULES
(Canada and the 50 United States and Washington, D.C. Only)
No purchase or payment of any kind is necessary to enter or win. A purchase or payment will not increase your chances of winning. Void OUtside CANADA AND the 50 United states and washington d.c. and where prohibited by law.
PLEASE READ THESE RULES (“OFFICIAL RULES”) BEFORE ENTERING OR OTHERWISE PARTICIPATING IN THE SWEEPSTAKES. BY PARTICIPATING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE OFFICIAL RULES, WHICH FORM A BINDING CONTRACT BETWEEN YOU AND THE SPONSOR.
NOTE: THESE RULES INCLUDE AN ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRE YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
- Sponsor:
The sponsor of the ORIJEN Winter Giveaway (Day 5) (the “Sweepstakes”) is Champion Petfoods USA Inc., 363 Centennial Parkway, Suite 300, Louisville, CO 80027 (“Sponsor”).
- Eligibility:
The Sweepstakes is open only to consumers who, as of the start of the Entry Period (defined below) are legal residents of Canada or one of the fifty (50) United States or Washington, D.C. and are at least eighteen (18) years old and above the age of majority in their place of residence.
Employees, officers, and directors of the Sweepstakes Entities or any of their respective parent entities, affiliates, subsidiaries, representatives, agents, consultants, contractors, legal counsel, advertising, public relations, promotional fulfillment, and marketing agencies, as well as members of their immediate family (spouse, parents, siblings, and children) and household members, whether or not legally related, are not eligible to enter or win the Sweepstakes.
The Sweepstakes is subject to all applicable federal, provincial, state, and local laws and regulations and is void where prohibited.
Participation in the Sweepstakes 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 Sweepstakes. Winning a prize is contingent upon fulfilling all requirements as set forth herein.
An entrant may be disqualified in Sponsor’s sole discretion if he/she fails to comply with any term of these Official Rules.
- Entry Period:
The Sweepstakes begins at 10:00 a.m. Mountain Time on December 20, 2024, and ends at 11:59 p.m. Mountain Time on January 3, 2025 (the “Entry Period”). Entries that are submitted before or after the Entry Period will be disqualified. Sponsor’s computer or that of its designee is the official time-keeping device for the Sweepstakes.
- How to Enter the Sweepstakes:
To enter the Sweepstakes, eligible individuals may enter the Sweepstakes by completing all of the following steps during the Entry Period: (i) follow @ORIJENPetfood on Instagram, and (ii) tag a friend by inserting the friend’s Instagram account handle in the comments below the @ORIJENPetfood Instagram post with the caption “ORIJEN Winter Giveaway (Day 5)”.
Eligible entries received during the Entry Period will constitute one entry into the Sweepstakes. Limit: fifty (50) entries per person. ADDITIONAL ENTRIES SUBMITTED IN EXCESS OF THIS LIMITATION BY THE SAME PERSON WILL BE DISQUALIFIED. Automated or bulk entries or entries submitted by third parties will be disqualified. Any attempt to obtain more than the permitted number of entries by using multiple/different email addresses, accounts, identities, forms, registrations and logins, or any other methods, will void that entrant's entries and result in disqualification.
In the event of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Sponsor, at its discretion, may require a potential winner to show proof of being the authorized account holder or forfeit the prize.
Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Sponsor is not responsible for: (i) lost, late, incomplete, damaged, misdirected, misplaced, stolen, tampered with, deleted, illegible, or invalid entries; (ii) any expenses incurred in the creation and submission of any entry; or (iii) lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of Entry will not be deemed proof of receipt by Sponsor.
Ineligible entries include entries that fail to comply with these Official Rules, as well as those that are, in whole or in part, threatening, abusive, harassing, defamatory, libelous, hateful, embarrassing to another person or entity, deceptive, obscene, invasive of another's privacy, tortious, contain racial slurs, or contain explicit or graphic descriptions or accounts of, sexual acts, or are not within the spirit of the Sweepstakes, as determined by Sponsor in its sole discretion.
- Winner Selection:
On or about January 6, 2025, Sponsor or its designee will randomly select two (2) potential winners from all eligible entries received during the Entry Period. The odds of winning depend on the number of eligible entries received.
Potential winners will be notified via an Instagram direct message that he or she is eligible to win the Sweepstakes. A potential winner (if a resident of Canada) will be contacted via Instagram direct message in order to administer a time-limited mathematical skill-testing question via Instagram direct message. A potential winner (if a resident of Canada) must correctly answer such question in the time limit indicated by the Sponsor. If a potential winner does not respond as instructed within five (5) business days after the date of the first attempt by Sponsor or its designees or in the case of Canadian residents fails to correctly answer the time-limited mathematical skill-testing question, an alternate potential winner may be selected at random from the non-winning, eligible entries. Sponsor or its designees are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify potential winners.
- Winner Verification:
Potential winners are subject to verification by Sponsor, including but not limited to verification of the potential winners’ identity and eligibility under these Official Rules. An entrant is not a winner of any prize unless and until entrant’s eligibility and the potential winning entry have been verified and entrant has been notified that verification is complete. Receiving a prize is contingent upon compliance with these Official Rules.
Each Potential winner will be required to complete a declaration and release through a third-party entity, WaiverSign, which among other things: (i) confirms compliance with these Official Rules and acceptance of the prize; (ii) releases the Sponsor, Instagram, Inc., and any other Sweepstakes parties and each of their respective officers, directors, agents, employees, representatives, principals, administrators, successors, predecessors, subsidiaries, affiliates, related entities, partners, and assigns from any liability in connection with the Sweepstakes, the Potential winner’s participation therein, and the prize and any use of the prize; and (iii) consents to the publication, reproduction and/or other use of the potential winner’s name, city, or state, Instagram account, likeness, and/or photo, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever worldwide, including via print, broadcast or the Internet, without further payment, notification, permission, or other consideration, except where prohibited by law. Potential winners may be required to sign other affidavits, releases, and/or appropriate income tax reporting documents, as determined by Sponsor in its sole and absolute discretion, in order to receive the prize.
The Sponsor will verify if each Potential Winner has complied with these Official Rules. If a potential winner fails to provide the Sponsor any information requested by the Sponsor or complete, sign, and/or return any required affidavits, releases, and/or other documents as requested by Sponsor or is otherwise verified by the Sponsor as being not in compliance with these Official Rules, then such potential winner will be deemed disqualified and to have forfeited his or her prize, and the subject prize will be awarded to a substitute prize winner selected in accordance with Section 5 above.
- Prizes:
Two (2) prize winners will receive six (6) vouchers for any 22.5-23.5 lb (11.4 kg) bags of ORIJEN™ premium dry dog food with an approximate retail value (“ARV”) of $138.99 USD ($164.99 CAD) or six (6) vouchers for any 10-12 lb (4.5-5.4 kg) bags of ORIJEN™ premium dry cat food with an approximate retail value (“ARV”) of $74.99 USD ($84.99 CAD). The aggregate ARV of all prizes to be awarded is $833.94 USD ($989.94 CAD) (in the case of dog) and $449.94 USD ($509.94 CAD) (in the case of cat). All applicable federal, provincial, state and local taxes are the responsibility of the winner. Winners are responsible for all online charges of any internet service or wireless carrier.
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- to collect or properly claim any of the potential prizes in accordance with these Official Rules will result in forfeiture of the prize. If forfeited for any reason, winner will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded. Prizes are non-transferable and may not be transferred, substituted, redeemed or exchanged for cash or any other prize except as provided herein. Sponsor reserves the right to substitute prize with one of comparable or greater value, at its sole discretion.
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- Release of Claims:
By PARTICIPATING IN THE SWEEPSTAKES AND receipt of any prize, EACH winner agrees, FOR THEMSELVES AND FOR THEIR HEIRS, EXECUTORS AND ADMINISTRATOR(S), to release, DEFEND, and hold harmless THE SWEEPSTAKES ENTITIES, AND EACH OF THEIR RESPECTIVE direct or indirect parent, subsidiary, affiliate, and related entities and advertising AND promotionAL agencies and each such company’s officers, directors, members, employees, contractors, REPRESENTATIVES, and agents (collectively, the “Released Parties”) from and against any and all losses, liability, injury, DAMAGES, claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, DIRECTLY OR INDIRECTLY, arising out of participation in the Sweepstakes or receipt, possession, use or misuse of any prize (INCLUDING ANY TRAVEL OR ANY SUCH ACTIVITIES RELATED THERETO).
- Indemnification:
To the maximum extent permitted by law, each entrant agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from (i) any misrepresentation made by entrant or the breach of any representation or warranty made by entrant in connection with the Sweepstakes or acceptance or receipt of any prize; or (ii) any non-compliance by the entrant with these Official Rules or any other rules or guidelines provided by Sponsor in connection with the Sweepstakes.
- Publicity:
Except where prohibited, participation in the Sweepstakes and acceptance of any prize constitutes winner’s consent to Sponsor’s and its authorized sublicensees’ use of winner’s name, likeness, photograph, voice, statements and/or hometown and/or state for promotional purposes worldwide, in perpetuity, in any and all media, manner, and formats now known or hereafter devised, without further payment or consideration.
- General Conditions:
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, widespread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the prize as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to modify the prize offered herein and to award the prize at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability:
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by any Entrant, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an Entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry, if possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these OFFICAL Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
- Disclaimer of Warranties:
RELEASED ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, IN REGARD TO THIS SWEEPSTAKES OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES AND/OR DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Disputes, Agreement to Arbitrate; Choice of Law & Forum:
Except where prohibited, entrant agrees that: (1) any and all claims, judgments and awards arising out of or connected with this Sweepstakes or any prize awarded shall be limited to actual out-of-pocket costs incurred, not to exceed $100 USD, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (2) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, not to exceed $100 USD, and any and all rights to have damages multiplied or otherwise increased. You and Sponsor agree that if there is any controversy, claim, or action arising out of or connected with this Sweepstakes, these Official Rules, or any prize awarded (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute (each, a “Dispute Notice”) and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. All Dispute Notices must: (1) be personally signed by the party sending the Dispute Notice; (2) include that party’s name, physical address, and email address; (3) describe with specificity the nature and basis of the Dispute and include any supporting documentation; and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Sponsor. As such, your Dispute and the Disputes of other parties may not be combined into a single Notice. Sponsor will send a Dispute Notice to you at the email address included in your Entry. You may send a Dispute Notice to Sponsor at Champion Petfoods USA Inc., Attn.: Legal Department, 363 Centennial Parkway, Suite 300, Louisville, CO 80027.
Both you and Sponsor agree that the foregoing dispute resolution procedure (the “Informal Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect of the Informal Resolution Procedure has not been met, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration and (ii) unless prohibited by law, the arbitration administrator shall not accept or administer an arbitration or demand fees in connection with the Dispute.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS. All such Disputes shall be submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect by one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be Denver, Colorado, provided that if the claim is for $10,000 USD or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference.
Without limiting any other provision of this section, you agree that the arbitrator, and not any federal, state, provincial, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Official Rules, including any claim that all or any part of these Official Rules are void or voidable. For the avoidance of doubt, you and Sponsor agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
In lieu of arbitration either you or Sponsor may (1) bring an individual claim or elect to resolve a Dispute in small claims court in the United States, consistent with any applicable jurisdictional and monetary limits that may apply (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction) and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights. In addition, nothing in these Official Rules prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Kentucky, without giving effect to any choice of law or conflict of law rules (whether of the State of Kentucky or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Kentucky.
IN THE EVENT OF ANY CONFLICT WITH ANY SWEEPSTAKES DETAILS CONTAINED IN THESE OFFICIAL RULES AND SWEEPSTAKES DETAILS CONTAINED IN ANY SWEEPSTAKES MATERIALS (INCLUDING BUT NOT LIMITED TO ELECTRONIC, DIGITAL, AND SOCIAL MEDIA), THE DETAILS OF THE SWEEPSTAKES AS SET FORTH IN THESE OFFICIAL RULES SHALL PREVAIL.
- Entrant's Personal Information:
Information collected from Entrants is subject to the Sponsor’s Privacy Policy: https://www.mars.com/privacy.
- Winners List:
The identity of the winners (name, state, and country) or a copy of these Official Rules will be made available on request to anyone that mails a written request to the Sponsor at Champion Petfoods USA Inc., Attn.: ACANA: ORIJEN Winter Giveaway (Day 5) Sweepstakes Administrator, 363 Centennial Parkway, Suite 300, Louisville, CO 80027. The winners’ list will be available within ten (10) weeks of the closing date of the Entry Period.
- No Instagram Association:
The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, Inc. or Meta Platforms, Inc. Information is being provided to the Sweepstakes Entities, not to Instagram, Inc. or Meta Platforms, Inc. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor and not to Instagram, Inc. or Meta Platforms, Inc. Your participation in this Sweepstakes must at all times comply with all applicable Instagram, Inc. and Meta Platforms, Inc. terms of service. In the event of any violation of such terms of service, the Sponsor may, in its sole and absolute discretion, disqualify you from the Sweepstakes.
ACANA: Dogsgiving Sweepstakes
OFFICIAL RULES
(50 United States and Washington, D.C. Only)
No purchase or payment of any kind is necessary to enter or win. A purchase or payment will not increase your chances of winning. Void OUtside the 50 United states and washington d.c. and where prohibited by law.
PLEASE READ THESE RULES (“OFFICIAL RULES”) BEFORE ENTERING OR OTHERWISE PARTICIPATING IN THE SWEEPSTAKES. BY PARTICIPATING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE OFFICIAL RULES, WHICH FORM A BINDING CONTRACT BETWEEN YOU AND THE SPONSOR.
NOTE: THESE RULES INCLUDE AN ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRE YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
- Sponsor:
The sponsor of the ACANA: Dogsgiving Sweepstakes (the “Sweepstakes”) is Champion Petfoods USA Inc., 363 Centennial Parkway, Suite 300, Louisville, CO 80027 (“Sponsor”).
- Eligibility:
The Sweepstakes is open only to consumers who, as of the start of the Entry Period (defined below) are legal residents of one of the fifty (50) United States or Washington, D.C. and are at least eighteen (18) years old and above the age of majority in their place of residence.
Employees, officers, and directors of the Sweepstakes Entities or any of their respective parent entities, affiliates, subsidiaries, representatives, agents, consultants, contractors, legal counsel, advertising, public relations, promotional fulfillment, and marketing agencies, as well as members of their immediate family (spouse, parents, siblings, and children) and household members, whether or not legally related, are not eligible to enter or win the Sweepstakes.
The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
Participation in the Sweepstakes 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 Sweepstakes. Winning a prize is contingent upon fulfilling all requirements as set forth herein.
An entrant may be disqualified in Sponsor’s sole discretion if he/she fails to comply with any term of these Official Rules.
- Entry Period:
The Sweepstakes begins at 10:00 a.m. Mountain Time on November 28, 2024, and ends at 11:59 p.m. Mountain Time on December 5, 2024 (the “Entry Period”). Entries that are submitted before or after the Entry Period will be disqualified. Sponsor’s computer or that of its designee is the official time-keeping device for the Sweepstakes.
- How to Enter the Sweepstakes:
To enter the Sweepstakes, eligible individuals may enter the Sweepstakes by completing all of the following steps during the Entry Period: (i) follow @ACANAPetfood on Instagram, and (ii) tag a friend by inserting the friend’s Instagram account handle in the comments below the @ACANAPetfood Instagram post with the caption “SWEEPSTAKES BY ACANA DOGSGIVING”.
Eligible entries received during the Entry Period will constitute one entry into the Sweepstakes. Limit: fifty (50) entries per person. ADDITIONAL ENTRIES SUBMITTED IN EXCESS OF THIS LIMITATION BY THE SAME PERSON WILL BE DISQUALIFIED. Automated or bulk entries or entries submitted by third parties will be disqualified. Any attempt to obtain more than the permitted number of entries by using multiple/different email addresses, accounts, identities, forms, registrations and logins, or any other methods, will void that entrant's entries and result in disqualification.
In the event of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Sponsor, at its discretion, may require a potential winner to show proof of being the authorized account holder or forfeit the prize.
Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Sponsor is not responsible for: (i) lost, late, incomplete, damaged, misdirected, misplaced, stolen, tampered with, deleted, illegible, or invalid entries; (ii) any expenses incurred in the creation and submission of any entry; or (iii) lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of Entry will not be deemed proof of receipt by Sponsor.
Ineligible entries include entries that fail to comply with these Official Rules, as well as those that are, in whole or in part, threatening, abusive, harassing, defamatory, libelous, hateful, embarrassing to another person or entity, deceptive, obscene, invasive of another's privacy, tortious, contain racial slurs, or contain explicit or graphic descriptions or accounts of, sexual acts, or are not within the spirit of the Sweepstakes, as determined by Sponsor in its sole discretion.
- Winner Selection:
On or about December 6, 2024, Sponsor or its designee will randomly select five (5) potential winners from all eligible entries received during the Entry Period. The odds of winning depend on the number of eligible entries received.
Potential winners will be notified via an Instagram direct message that he or she is eligible to win the Sweepstakes. If a potential winner does not respond as instructed within five (5) business days after the date of the first attempt by Sponsor or its designees, an alternate potential winner may be selected at random from the non-winning, eligible entries. Sponsor or its designees are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify potential winners.
- Winner Verification:
Potential winners are subject to verification by Sponsor, including but not limited to verification of the potential winners’ identity and eligibility under these Official Rules. An entrant is not a winner of any prize unless and until entrant’s eligibility and the potential winning entry have been verified and entrant has been notified that verification is complete. Receiving a prize is contingent upon compliance with these Official Rules.
Each Potential winner will be required to complete a declaration and release through a third-party entity, WaiverSign, which among other things: (i) confirms compliance with these Official Rules and acceptance of the prize; (ii) releases the Sponsor, Instagram, Inc., and any other Sweepstakes parties and each of their respective officers, directors, agents, employees, representatives, principals, administrators, successors, predecessors, subsidiaries, affiliates, related entities, partners, and assigns from any liability in connection with the Sweepstakes, the Potential winner’s participation therein, and the prize and any use of the prize; and (iii) consents to the publication, reproduction and/or other use of the potential winner’s name, city, or state, Instagram account, likeness, and/or photo, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever worldwide, including via print, broadcast or the Internet, without further payment, notification, permission, or other consideration, except where prohibited by law. Potential winners may be required to sign other affidavits, releases, and/or appropriate income tax reporting documents, as determined by Sponsor in its sole and absolute discretion, in order to receive the prize.
The Sponsor will verify if each Potential Winner has complied with these Official Rules. If a potential winner fails to provide the Sponsor any information requested by the Sponsor or complete, sign, and/or return any required affidavits, releases, and/or other documents as requested by Sponsor or is otherwise verified by the Sponsor as being not in compliance with these Official Rules, then such potential winner will be deemed disqualified and to have forfeited his or her prize, and the subject prize will be awarded to a substitute prize winner selected in accordance with Section 5 above.
- Prizes:
Five (5) prize winners will each receive one (1) 4 lb bag of ACANA™ Classics dry dog food with an approximate retail value (“ARV”) of $15.99 USD, three (3) 12.5 oz cans of ACANA™ Classics Pâté wet dog food with an ARV of $3.99 USD per can, one (1) 8 oz bag of ACANA™ Freeze-Dried Morsels with an ARV of $19.99 USD, one (1) 14 oz bag of ACANA™ Freeze-Dried Patties with an ARV of $31.99 USD, and one (1) 4 oz bag of ACANA™ Chewy Strips with an ARV of $13.99 USD. The aggregate ARV of all prizes to be awarded is $469.65 USD. All applicable federal, state and local taxes are the responsibility of the winner. Winners are responsible for all online charges of any internet service or wireless carrier.
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- to collect or properly claim any of the potential prizes in accordance with these Official Rules will result in forfeiture of the prize. If forfeited for any reason, winner will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded. Prizes are non-transferable and may not be transferred, substituted, redeemed or exchanged for cash or any other prize except as provided herein. Sponsor reserves the right to substitute prize with one of comparable or greater value, at its sole discretion.
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- Release of Claims:
By PARTICIPATING IN THE SWEEPSTAKES AND receipt of any prize, EACH winner agrees, FOR THEMSELVES AND FOR THEIR HEIRS, EXECUTORS AND ADMINISTRATOR(S), to release, DEFEND, and hold harmless THE SWEEPSTAKES ENTITIES, AND EACH OF THEIR RESPECTIVE direct or indirect parent, subsidiary, affiliate, and related entities and advertising AND promotionAL agencies and each such company’s officers, directors, members, employees, contractors, REPRESENTATIVES, and agents (collectively, the “Released Parties”) from and against any and all losses, liability, injury, DAMAGES, claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, DIRECTLY OR INDIRECTLY, arising out of participation in the Sweepstakes or receipt, possession, use or misuse of any prize (INCLUDING ANY TRAVEL OR ANY SUCH ACTIVITIES RELATED THERETO).
- Indemnification:
To the maximum extent permitted by law, each entrant agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from (i) any misrepresentation made by entrant or the breach of any representation or warranty made by entrant in connection with the Sweepstakes or acceptance or receipt of any prize; or (ii) any non-compliance by the entrant with these Official Rules or any other rules or guidelines provided by Sponsor in connection with the Sweepstakes.
- Publicity:
Except where prohibited, participation in the Sweepstakes and acceptance of any prize constitutes winner’s consent to Sponsor’s and its authorized sublicensees’ use of winner’s name, likeness, photograph, voice, statements and/or hometown and/or state for promotional purposes worldwide, in perpetuity, in any and all media, manner, and formats now known or hereafter devised, without further payment or consideration.
- General Conditions:
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, widespread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Sweepstakes, including but not limited to fulfillment of the prize as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to modify the prize offered herein and to award the prize at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability:
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by any Entrant, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an Entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry, if possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these OFFICAL Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
- Disclaimer of Warranties:
RELEASED ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, IN REGARD TO THIS SWEEPSTAKES OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES AND/OR DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Disputes, Agreement to Arbitrate; Choice of Law & Forum:
Except where prohibited, entrant agrees that: (1) any and all claims, judgments and awards arising out of or connected with this Sweepstakes or any prize awarded shall be limited to actual out-of-pocket costs incurred, not to exceed $100 USD, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (2) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, not to exceed $100 USD, and any and all rights to have damages multiplied or otherwise increased. You and Sponsor agree that if there is any controversy, claim, or action arising out of or connected with this Sweepstakes, these Official Rules, or any prize awarded (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute (each, a “Dispute Notice”) and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. All Dispute Notices must: (1) be personally signed by the party sending the Dispute Notice; (2) include that party’s name, physical address, and email address; (3) describe with specificity the nature and basis of the Dispute and include any supporting documentation; and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Sponsor. As such, your Dispute and the Disputes of other parties may not be combined into a single Notice. Sponsor will send a Dispute Notice to you at the email address included in your Entry. You may send a Dispute Notice to Sponsor at Champion Petfoods USA Inc., Attn.: Legal Department, 363 Centennial Parkway, Suite 300, Louisville, CO 80027.
Both you and Sponsor agree that the foregoing dispute resolution procedure (the “Informal Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect of the Informal Resolution Procedure has not been met, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration and (ii) unless prohibited by law, the arbitration administrator shall not accept or administer an arbitration or demand fees in connection with the Dispute.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS. All such Disputes shall be submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect by one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be Denver, Colorado, provided that if the claim is for $10,000 USD or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference.
Without limiting any other provision of this section, you agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Official Rules, including any claim that all or any part of these Official Rules are void or voidable. For the avoidance of doubt, you and Sponsor agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
In lieu of arbitration either you or Sponsor may (1) bring an individual claim or elect to resolve a Dispute in small claims court in the United States, consistent with any applicable jurisdictional and monetary limits that may apply (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction) and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights. In addition, nothing in these Official Rules prohibits you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Kentucky, without giving effect to any choice of law or conflict of law rules (whether of the State of Kentucky or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Kentucky.
IN THE EVENT OF ANY CONFLICT WITH ANY SWEEPSTAKES DETAILS CONTAINED IN THESE OFFICIAL RULES AND SWEEPSTAKES DETAILS CONTAINED IN ANY SWEEPSTAKES MATERIALS (INCLUDING BUT NOT LIMITED TO ELECTRONIC, DIGITAL, AND SOCIAL MEDIA), THE DETAILS OF THE SWEEPSTAKES AS SET FORTH IN THESE OFFICIAL RULES SHALL PREVAIL.
- Entrant's Personal Information:
Information collected from Entrants is subject to the Sponsor’s Privacy Policy: https://www.mars.com/privacy.
- Winners List:
The identity of the winners (name, state, and country) or a copy of these Official Rules will be made available on request to anyone that mails a written request to the Sponsor at Champion Petfoods USA Inc., Attn.: ACANA: Dogsgiving Sweepstakes Administrator, 363 Centennial Parkway, Suite 300, Louisville, CO 80027. The winners’ list will be available within ten (10) weeks of the closing date of the Entry Period.
- No Instagram Association:
The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, Inc. or Meta Platforms, Inc. Information is being provided to the Sweepstakes Entities, not to Instagram, Inc. or Meta Platforms, Inc. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor and not to Instagram, Inc. or Meta Platforms, Inc. Your participation in this Sweepstakes must at all times comply with all applicable Instagram, Inc. and Meta Platforms, Inc. terms of service. In the event of any violation of such terms of service, the Sponsor may, in its sole and absolute discretion, disqualify you from the Sweepstakes.
CHAMPION PETFOODS USA INC. ORIJEN 8 OZ FREEZE-DRIED DOG TREATS SWEEPSTAKES OFFICIAL RULES
(the “Official Rules”)
NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) STATES IN THE UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY. VOID WHERE PROHIBITED BY LAW.
- Sponsor. This giveaway sweepstakes (the “Sweepstakes”) is sponsored by Champion Petfoods USA Inc., 363 Centennial Parkway, Suite 300, Louisville, Colorado, United States (the “Sponsor”).
- Sweepstakes Period. The Sweepstakes commences on October 29, 2024 at 10:00 a.m. Mountain Time (“MT”) and ends on November 12, 2024 at 11:59 p.m. MT (the “Sweepstakes Period”). The computer network of the Sponsor shall be deemed to be the official Sweepstakes Period clock for the Sweepstakes Period.
- Prizes.
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- There will be a total of ten (10) prizes (each a “Prize”, and collectively, the “Prizes”) awarded in connection with the Sweepstakes.
- Each Prize will consist of three (3) eight ounce (8 oz) bags of ORIJENTM Freeze-Dried Dog Treats.
- The total ARV of all ten (10) Prizes is $1,109.70 USD. The ARV of each Prize is $110.97 USD.
Prizes are not transferable, assignable, or convertible to cash and must be accepted as awarded. Prize details and availability are subject to change, in which case a prize of equal value may be substituted at the Sponsor’s sole discretion.
- How to Enter.
To enter the Sweepstakes during the Sweepstakes Period, entrant must (i) follow @ORIJENPetfood on Instagram, (ii) tag a friend by inserting the friend’s Instagram account handle in the comments below the @ORIJENPetfood Instagram post with the caption “SWEEPSTAKES BY ORIJEN 8 OZ FREEZE-DRIED DOG TREATS” (the “Post”), and (iii) like the @ORIJENPetfood’s Instagram post regarding the Sweepstakes (the “Post”). Each of the foregoing steps must be completed for the entry to be valid.
- Entries. Entries must be received within the Sweepstakes Period. Entries will not be acknowledged or returned. Entries that do not comply with these Official Rules will be disqualified.
- Limit. There is no limit on the number of entries permitted per person during the Sweepstakes Period, provided that each entry must tag a unique Instagram account handle. There is a limit of one (1) Prize per entrant for the entire Sweepstakes. Each entrant may only use one (1) Instagram account that belongs to them to participate in the Sweepstakes. Any entrant who uses more than one (1) Instagram account to participate in the Sweepstakes may be disqualified and any Prize won may be forfeited, subject to the Sponsor’s sole discretion. If there is a dispute regarding the identity of an entrant, the entry will be deemed to have been submitted by the social media account holder at the time of entry.
- Eligibility. The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia who have reached the legal age of majority in their respective state of residence as of the time of entry. Employees or independent contractors (provided that the independent contractors act as service providers) of the Sponsor and Sponsor’s parent, affiliate, subsidiary companies and their immediate family members (i.e., spouse, parent, child, sibling, and the “steps” of each) and persons living in the same household of each are not eligible to enter the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. The Sweepstakes is void where prohibited or restricted by law.
- Odds. Odds of winning a Prize depends on the total number of eligible entries received during the Sweepstakes Period.
- Potential Winner Selection. On or around November 13, 2024 at 10:00 a.m. MST in Louisville, Colorado, ten (10) entrants will be selected by random draw by the Sponsor from among all eligible entries received during the Sweepstakes Period (each a “Potential Winner”). On or around November 13, 2024, each Potential Winner will be notified via an Instagram direct message that he or she is eligible to win the Sweepstakes (the “Notice”).
- Potential Winner Requirements. Each Potential Winner must reply to the Notice via Instagram direct message within seven (7) business days following the date the Notice was sent (the “Redemption Period”), and must provide the Sponsor with his or her complete legal name, email address, mailing address, phone number, age, and place of legal residence (the “Required Information”) in the response. Each Potential Winner will be required to complete a declaration and release through a third-party entity WaiverSign (the “Release”), which among other things: (i) confirms compliance with these Official Rules and acceptance of the Prize; (ii) releases the Sponsor, Instagram, Inc., and any other Sweepstakes parties and each of their respective officers, directors, agents, employees, representatives, principals, administrators, successors, predecessors, subsidiaries, affiliates, related entities, partners, and assigns from any liability in connection with the Sweepstakes, the Potential Winner’s participation therein, and the Prize and any use of the Prize; and (iii) consents to the publication, reproduction and/or other use of the Potential Winner’s name, city, or state, Instagram account, likeness, and/or photo, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever worldwide, including via print, broadcast or the Internet, without further payment, notification, permission, or other consideration, except where prohibited by law. The Sponsor will verify if each Potential Winner has complied with these Official Rules. If a Potential Winner fails to provide the Sponsor with the Required Information within the Redemption Period, or if a Potential Winner fails to complete and sign the Release through WaiverSign within the Redemption Period as set out above or is not verified by the Sponsor as being in compliance with these Official Rules, then he or she will be deemed to have forfeited any rights to the Prize (individually a “Disqualifying Circumstance”), and a back-up entrant will be selected in the same manner described above by random draw taken from the same pool of eligible entries.
- Confirmation and Delivery. Each Potential Winner will be confirmed as a Winner and awarded the Prize only if he or she has complied with the procedures above and if he or she has been verified by the Sponsor as having complied with these Official Rules. After all requirements of Section 10 of these Official Rules have been satisfied, and so long as there is no Disqualifying Circumstance, the Sponsor will send a Direct Message to the Instagram account of each confirmed winner (hereinafter each a “Winner”, and collectively, the “Winners”), and will update the caption on the Post to indicate that the Sweepstakes has closed and that winners have been determined. Each Prize will be mailed at one time by the Sponsor to each Winner within four (4) weeks of the date the Winner’s receipt of the Direct Message notifying the Winner that he or she is a Winner. The Sponsor will ship (and pay for said shipping) the Prize to each Winner’s mailing address provided in the Required Information. Taxes on the Prize and any other costs, fees and expenses are the sole responsibility of each Winner. Entrants are responsible for all online charges of any internet service or wireless carrier.
- Winner’s List and Copies of Official Rules. The identity of the Winners (name, state, country, and Instagram account) or a copy of these Official Rules will be made available on request to anyone that mails a written request to the Sponsor at the address above. The Winners list will be available within ten (10) weeks of the closing date of the Sweepstakes Period.
- Representations and Warranties. All Winners acknowledge that the Prize is awarded as-is. The Sponsor makes no representations or warranties of any kind, whether express or implied, regarding the Sweepstakes, Prize or any use of the Prize.
- Indemnity. Except where prohibited by law, by participating in the Sweepstakes, each entrant agrees to release and hold harmless the Sponsor, Instagram, Inc., and each of their respective parent, subsidiary and affiliate companies, and each of their respective officers, directors, employees, agents, licensees, assigns, sponsors, advertisers and social media “influencers”, partners, and agencies from, and against any and all claims, liabilities, lawsuits, judgments, causes of action, proceedings, injuries, death, losses, costs, expenses or damages of any kind resulting from, in connection with, or arising from acceptance, receipt, delivery, use, nonuse, misuse, defect in, inability to use, possession, or loss of the Prize. Entrants agree that all causes of action and any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred (if any), not to exceed one hundred dollars ($100.00), and in no event will any legal/attorneys’ fees be awarded or recoverable.
- Limitation of Liability. The Sponsor is not responsible for (or does not have any obligation towards):
(a) a Potential Winner or Winner who is unable to claim, accept, or utilize the Prize;
- late, incomplete, misdirected, or undelivered entries;
- any computer, electronic or Internet hardware or software malfunctions, failures, interruptions, delays, connections, or availability, or service provider/Internet/website accessibility, availability, or traffic congestion;
- any technical, mechanical, or typographical or other errors;
- unauthorized human intervention;
- incorrect or inaccurate Required Information, or the failure to capture, or loss of, any Required Information;
- any act of God, equipment failure, terrorist acts, earthquake, fire, flood, war, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), transportation interruption of any kind, work slow-down or shortage, pandemic, civil disturbance, or any other cause beyond the Sponsor’s sole control;
- any action, regulation, order, or request by any governmental or quasi-governmental entities (whether or not they prove to be valid); or
- any injury or damage, whether personal or property, to any entrant’s or to any person's computer or device related to or resulting from participating in these Sweepstakes and/or accepting the Prize.
If, for any reason, an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Sweepstakes, the entrant’s sole remedy is to submit another entry provided that the Sweepstakes Period has not expired.
- Disputes. Any and all disputes arising out of or connected with the Sweepstakes or the Prize will be resolved individually without resort to any form of class action. THE PARTIES IRREVOCABLY WAIVE THEIR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THE SWEEPSTAKES. BY ENTERING THE SWEEPSTAKES, THE ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL THE ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND THE ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL AND/OR SPECIAL DAMAGES, AND/OR LOST PROFITS, AND THE ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY). THE ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
- Right to Terminate. If for any reason the Sweepstakes cannot be executed as planned, including but not limited to infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or become technically corrupted in any way, electronically or otherwise, the Sponsor reserves the right to cancel, suspend, terminate, or modify the Sweepstakes.
- Privacy. By entering the Sweepstakes, entrants agree to the Sponsor’s use of entrant’s personal information as described in its privacy policy at https://www.championpetfoods.com/en-us/privacy-policy/. Please refer to the Sponsor’s privacy policy for important information regarding the collection, use and disclosure of personal information by the Sponsor.
- No Instagram Association. The Sweepstakes are in no way sponsored, endorsed or administered by, or associated with, Instagram, Inc. You understand that you are providing your information to the Sponsor, not to Instagram, Inc. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor and not to Instagram.
- Agreement to Official Rules. By entering the Sweepstakes, each entrant acknowledges having read these Official Rules and agrees to be bound by (a) these rules; and (b) any decisions of the Sponsor, which are final and binding on all entrants.
- Social Media: By participating, you release Instagram (the “Platform”) and its parent, subsidiary, and affiliate companies, partners, employees, directors, agents, advertising agencies, from and against any and all injuries, losses and damages caused or claimed to be caused by your participation in the Sweepstakes and/or the acceptance, awarding, receipt, use and/or misuse of the Prize.
- General. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and the Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning the Prize is contingent upon fulfilling all requirements set forth herein. These Official Rules may not be reprinted or republished in whole or in part without the prior written consent of the Sponsor. Entrants waive any right to claim ambiguity in these Official Rules. The Sponsor reserves the right in its sole discretion to suspend, cancel, terminate, or modify the Sweepstakes in any way without prior notice or obligation, and to proceed in a manner it deems fair and reasonable, including the selection of the Winner from among all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor. The Sweepstakes is governed by the laws of the State of Colorado, and the federal laws of the United States applicable therein, without regard to any conflicts of law provisions. The form and venue for any dispute shall be Denver, Colorado. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any Sweepstakes materials (including but not limited to electronic, digital, and social media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Any inquiries about this Sweepstakes can be made at [email protected].
© 2024 Champion Petfoods USA Inc. All rights reserved.
Champion Petfoods Holding Inc.’S (“Champion”) 2023 CHAMPION PETFOODS PREFERENCE CENTRE GIVEAWAY SWEEPSTAKES OFFICIAL RULES
(the “Official Rules”)
NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO CHAMPION SUBSCRIBERS ONLY WHO ARE LEGAL RESIDENTS OF CANADA (EXCLUDING QUEBEC) AND THE UNITED STATES. VOID WHERE PROHIBITED BY LAW.
- Sponsor. These giveaway sweepstakes (the “Sweepstakes”) are sponsored by Champion Petfoods Holding Inc., by its General Partner, Champion Petfoods (GP) Ltd., #301 1103 95 St NW, Edmonton, AB Canada T6X 0P8 (the “Sponsor”).
- Sweepstakes Period. The Sweepstakes commence on January 21, 2023 at 8:00 a.m. Mountain Time (“MT”) and end on February 5, 2023 at 11:59 p.m. MT (the “Sweepstakes Period ”). The computer network of the Sponsor shall be deemed to be the official Sweepstakes Period clock for the Sweepstakes Period.
- Prize. The Sweepstakes consist of one (1) prize of twelve (12) months’ worth of ORIJEN ® or ACANA ® Dry Cat or Dry Dog food, manufactured by the Sponsor, via the provision of twelve (12) pet food vouchers for a free bag of ORIJEN ® or ACANA ® 5.4 kg (12 lb) Dry Cat kibble or ORIJEN ® or ACANA ® 10.2-11.4 kg (22.5-25 lb) Dry Dog kibble (restrictions will apply, see voucher for further details) (the “Prize”) redeemable at a number of pet specialty retailers as noted on the following websites USA ORIJEN - https://www.orijenpetfoods.com/en-US/where-to-buy ; USA ACANA - https://www.acana.com/en-US/where-to-buy; CANADA ORIJEN - https://www.orijenpetfoods.com/en-CA/where-to-buy; CANADA ACANA - https://www.acana.com/en-CA/where-to-buy . There is an approximate maximum retail (“ARV”)value per pet food voucher of $149.99 CAD ($129.99 USD). Total ARV of the Prize is $1,799.88 CAD ($1,559.88 USD). The Prize is not transferable, assignable, or convertible to cash and must be accepted as awarded. Prize details and availability are subject to change, in which case a prize of equal value may be substituted at the Sponsor’s sole discretion. The Prize is non-transferable, with no cash redemption or substitution except at the Sponsor’s sole discretion.
- How to Enter. To enter the Sweepstakes during the Sweepstakes Period entrants must be current email subscribers, having previously consented to receive marketing-related communication from Champion, and must (i) open the email from Champion containing details about the Sweepstakes and a link to a survey (the “Survey”) at [ http://cloud.comms.championpetfoods.com/PreferenceCenter ] (“the Preference Centre”), (ii) navigate to the Preference Centre, and (iii) complete the Survey in its entirety, subject to Survey and Official Rules eligibility requirements. Entry is not valid without each step .
- Entries. Entries must be received within the Sweepstakes Period. Entries will not be acknowledged or returned. Entries that do not comply with these Official Rules will be disqualified.
- Limit. There is a limit of one (1) entry permitted per entrant during the Sweepstakes Period. There is a limit of one (1) Prize per entrant for the entire Sweepstakes. Each entrant may only use one (1) email account that belongs to them to participate in the Sweepstakes. Any entrant who uses more than one (1) email account to participate in the Sweepstakes may be disqualified and any Prize won may be forfeited, subject to the Sponsor’s sole discretion. If there is a dispute regarding the identity of an entrant, the entry will be deemed to have been submitted by the email account holder at the time of entry.
- Eligibility. The Sweepstakes are open only to legal residents of Canada (excluding Quebec) or the United States, who are 18 years of age or older, established at the time of entry, and who are current email subscribers, having previously consented to receive marketing-related communication from Champion . Employees or independent contractors (provided that the independent contractors act as service providers) of the Sponsor, and its respective parents, affiliates, subsidiaries, and their immediate family members (i.e., spouse, parent, child, sibling, and the “steps” of each) and persons living in the same household of each are not eligible to enter the Sweepstakes. The Sweepstakes are subject to all applicable federal, provincial, territorial, state and local laws and regulations. The Sweepstakes are void in Quebec and elsewhere where prohibited or restricted by law.
- Odds. Odds of winning the Prize depends on the total number of eligible entries received during the Sweepstakes Period.
- Winner Selection. On February 6, 2023 at 10:00 am MST in Edmonton, Alberta one (1) entrant will be selected by random draw by the Sponsor from among all eligible entries received during the Sweepstakes Period (the “Potential Winner”). On February 7, 2023, the Potential Winner will be notified via email that he or she is eligible to win the Sweepstakes (the “Notice”).
- Before Being Declared a Winner. The Potential Winner must reply to the Notice via email by 5:00 p.m. MT on the next business day following the date of the Notice (the “Redemption Period”), and must provide the Sponsor with his or her complete legal name, email address, mailing address, phone number, age, and place of legal residence (the “Required Information”) in the response. After receipt of the Potential Winner’s email, if the Potential Winner is a resident of Canada, the Sponsor will make a maximum of two (2) attempts to either: (a) call the Potential Winner at the phone number provided in the Required Information; or (b) contact the Potential Winner via email; in each case over the span of two (2) business days in order to administer a time-limited mathematical skill-testing question via telephone or direct message, as applicable. The Potential Winner (if a resident of Canada) must correctly answer such question in the time limit indicated by the Sponsor. For any Potential Winner, they will be required to complete a declaration and release through a third-party entity WaiverSign (the “Release”), which among other things: (i) confirms compliance with these Official Rules and acceptance of the Prize; (ii) releases the Sponsor and any other Sweepstakes parties and each of their respective officers, directors, agents, employees, representatives, principals, administrators, successors, predecessors, subsidiaries, affiliates, related entities, partners, and assigns from any liability in connection with the Sweepstakes, the Potential Winner’s participation therein, and the Prize and any use of the Prize; and (iii) consents to the publication, reproduction and/or other use of the Potential Winner’s name, city, province, territory, or state, likeness, and/or photo, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever worldwide, including via print, broadcast or the Internet, without further payment, notification, permission, or other consideration, except where prohibited by law. The Sponsor will verify if the Potential Winner has complied with these Official Rules. If a Potential Winner fails to provide the Sponsor with the Required Information within the Redemption Period, or in the case of Canadian residents (excluding Quebec), fails to correctly answer the time-limited mathematical skill-testing question, or if a Potential Winner fails to complete and sign the Release through WaiverSign within the Redemption Period as set out above or is not verified by the Sponsor as being in compliance with these Official Rules, then he or she will be deemed to have forfeited any rights to the Prize (individually a “Disqualifying Circumstance”), and a back-up entrant will be selected in the same manner described above by random draw taken from the same pool of eligible entries.
- Confirmation and Delivery . The Potential Winner will be confirmed as a Winner and awarded the Prize only if he or she has complied with the procedures above and if he or she has been verified by the Sponsor as having complied with these Official Rules. After all requirements of Section 10 of these Official Rules have been satisfied, and so long as there is no Disqualifying Circumstance the Sponsor will send an email to the confirmed winner (hereinafter, a “Winner”), and will notify entrants via update to the contest rules page that the Sweepstakes have closed and that winners have been determined. The Prize (all twelve (12) vouchers) will be mailed by the Sponsor to the Winner within four (4) weeks from the end date of the Sweepstakes Period. Coupons will expire on 12/31/2023. The Sponsor will ship (and pay for said shipping) the Prize to the Winner’s mailing address provided in the Required Information. Taxes on the Prize and any other costs, fees and expenses are the sole responsibility of the Winner. Entrants are responsible for all online charges of any internet service or wireless carrier.
- Winner’s List and Copies of Official Rules. The identity of the Winner (name, province/territory/state, country) or a copy of these Official Rules will be made available on request to anyone that mails a written request to the Sponsor at the address above. The winner’s list will be available within ten (10) weeks of the closing date of the Sweepstakes Period.
- Representations and Warranties. The Winner acknowledges that the Prize is awarded as-is. The Sponsor makes no representations or warranties of any kind, whether express or implied, regarding the Sweepstakes, Prize or any use of the Prize.
- Indemnity. Except where prohibited, by participating in the Sweepstakes, each entrant agrees to release and hold harmless the Sponsor and each of their respective parents, subsidiaries and affiliated companies, and each of their respective officers, directors, employees, agents, licensees, assigns, sponsors, advertisers or social media “influencers”, partners, and agencies from, and against any and all claims, liabilities, lawsuits, judgments, causes of action, proceedings, injuries, death, losses, costs, expenses or damages of any kind resulting from, in connection with, or arising from acceptance, receipt, delivery, use, nonuse, misuse, defect in, inability to use, possession, or loss of the Prize. Entrants agree that all causes of action and any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred (if any), not to exceed one hundred dollars ($100.00), and in no event will any legal/attorney’s fees be awarded or recoverable.
- Limitation of Liability. The Sponsor is not responsible for (or does not have any obligation towards):
a. Potential Winner or Winner who is unable to claim, accept, or utilize the Prize;
- late, incomplete, misdirected, or undelivered entries;
- any computer, electronic or Internet hardware or software malfunctions, failures, interruptions, delays, connections, or availability, or service provider/Internet/website accessibility, availability, or traffic congestion;
- any technical, mechanical, or typographical or other errors;
- unauthorized human intervention;
- incorrect or inaccurate Required Information, or the failure to capture, or loss of, any Required Information;
- any act of God, equipment failure, terrorist acts, earthquake, fire, flood, war, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), transportation interruption of any kind, work slow-down or shortage, pandemic, civil disturbance, or any other cause beyond the Sponsor’s sole control;
- any action, regulation, order, or request by any governmental or quasi-governmental entities (whether or not they prove to be valid); or
- any injury or damage, whether personal or property, to any entrant’s or to any person's computer or device related to or resulting from participating in these Sweepstakes and/or accepting the Prize.
If, for any reason, an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Sweepstakes, the entrant’s sole remedy is to submit another entry provided that the Sweepstakes Period has not expired.
- Disputes. Any and all disputes arising out of or connected with the Sweepstakes or the Prize will be resolved individually without resort to any form of class action. THE PARTIES IRREVOCABLY WAIVE THEIR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THE SWEEPSTAKES. BY ENTERING THE SWEEPSTAKES, THE ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL THE ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND THE ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL AND/OR SPECIAL DAMAGES, AND/OR LOST PROFITS, AND THE ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY). THE ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
- Right to Terminate. If for any reason the Sweepstakes cannot be executed as planned, including but not limited to infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes are compromised or become technically corrupted in any way, electronically or otherwise, the Sponsor reserves the right to cancel, suspend, terminate, or modify the Sweepstakes.
- Privacy. By entering the Sweepstakes, entrants agree to the Sponsor’s use of entrant’s personal information as described in its privacy policy at https://www.championpetfoods.com/en-us/privacy-policy/ . Please refer to the Sponsor’s privacy policy for important information regarding the collection, use and disclosure of personal information by the Sponsor.
- Agreement to Official Rules. By entering the Sweepstakes, each entrant acknowledges having read these Official Rules and agrees to be bound by (a) these rules; and (b) any decisions of the Sponsor, which are final and binding on all entrants.
- General. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and the Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning the Prize is contingent upon fulfilling all requirements set forth herein. These Official Rules may not be reprinted or republished in whole or in part without the prior written consent of the Sponsor. Entrants waive any right to claim ambiguity in these Official Rules. The Sponsor reserves the right in its sole discretion to suspend, cancel, terminate, or modify the Sweepstakes in any way without prior notice or obligation, and to proceed in a manner it deems fair and reasonable, including the selection of the Winner from among all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor. The Sweepstakes are governed by the laws of the province of Alberta, Canada, and the federal laws of Canada applicable therein, without regard to any conflicts of law provisions. The form and venue for any dispute shall be Edmonton, Alberta, Canada. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any Sweepstakes materials (including but not limited to electronic, digital, and social media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Any inquiries about this Sweepstakes can be made at [email protected].
© 2022 Champion Petfoods Holding Inc. All rights reserved.
Champion Petfoods Holding Inc. (“Champion”) 2022 ORIJEN EMAIL SIGN UP GIVEAWAY SWEEPSTAKES OFFICIAL RULES (the “Official Rules”)
NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF CANADA (EXCLUDING QUEBEC) AND UNITED STATES ONLY. VOID WHERE PROHIBITED BY LAW.
- Sponsor. These giveaway sweepstakes (the “ Sweepstakes ”) are sponsored by Champion Petfoods Holding Inc., by its General Partner, Champion Petfoods (GP) Ltd., #301 1103 95 St NW, Edmonton AB Canada T6X 0P8 (the “ Sponsor ”).
- Sweepstakes period. The Sweepstakes commence on December 22, 2022 at 10:00 am Mountain Time (“MT”) and end on June 22, 2023 at 11:59 pm Mountain Time (the “ Sweepstakes Period ”). The computer network of the Sponsor shall be deemed to be the official Sweepstakes Period clock for the Sweepstakes Period.
- Prize.
-
- Each Winner will win one (1) prize consisting of three (3) months' worth of ORIJEN ® pet food, manufactured by the Sponsor, via the provision of three (3) vouchers (restrictions will apply, see voucher for further details) for either:
-
- any 22.5-25 lb (10.8-11.4 kg) bag of ORIJEN® Dry Dog Food (approximate maximum retail value (“ARV”) of each bag of dog food is $[149.99] CAD ($[129.99] USD)); or
- any 12 lb (5.4 kg) bag of ORIJEN® Dry Cat Food (ARV of each bag of cat food is $[93.99] CAD ($[77.99] USD)),
redeemable at participating pet specialty retailers (the “ Prize ”).
-
-
- There will be a total of six (6) Prizes awarded in connection with the Sweepstakes.
- Approximate retail value (“ ARV ”) of each Prize is a maximum of $449.97 CAD ($389.97 USD). The maximum total ARV of all six (6) Prizes is $2,699.82 CAD ($2,339.82 USD). The Prize is not transferable, assignable, or convertible to cash and must be accepted as awarded. Prize details and availability are subject to change, in which case a prize of equal value may be substituted at the Sponsor's sole discretion.
-
- Entry Periods
The Sweepstakes will consist of six (6) entry periods detailed in the chart below (each an “ Entry Period ”). At or soon after the end of each Entry Period, the Sponsor will conduct one drawing for all Entries received during such Entry Period, to select the number of potential winners for each such Entry Period, as detailed in the chart below.
Entry Period |
Entry Period Start Date (12:00:00AM ET) |
Entry Period End Date. (11:59:59PM ET) |
Number of Potential Winners |
1 |
December 22, 2022 |
January 26, 2023 |
1 |
2 |
January 27, 2023 |
February 23, 2023 |
1 |
3 |
February 24, 2023 |
March 23, 2023 |
1 |
4 |
March 24, 2023 |
April 20, 2023 |
1 |
5 |
April 21, 2023 |
May 18, 2023 |
1 |
6 |
May 19, 2023 |
June 22, 2023 |
1 |
- How to Enter. To enter the Sweepstakes during the Sweepstakes Period entrant must:
(i) navigate to http://www.orijenpetfoods.com
(ii) complete the sign-up form located either at the bottom of the site or the pop-up prompt in its entirety, including email address. Entry is not valid without each step .
- Entries. Entries must be received within the Sweepstakes Period. Entries will not be acknowledged or returned. Entries that do not comply with these Official Rules will be disqualified.
- Limit. There is a limit of one (1) entry per person/email address for the entire Sweepstakes Period.  Multiple entrants are not permitted to share the same email address. There is a limit of one (1) Prize per entrant for the entire Sweepstakes. Each entrant may only use one email address that belongs to them to participate in the Sweepstakes. Any entrant who uses more than one (1) email address to participate in the Sweepstakes may be disqualified and any Prize won may be forfeited, subject to the Sponsor’s sole discretion. If there is a dispute regarding the identity of an entrant, the entry will be deemed to have been submitted by the email account holder at the time of entry.
- Eligibility. The Sweepstakes are open only to legal residents of Canada (excluding Quebec) or the United States, who are 18 years of age or older, established at the time of entry. Employees or independent contractors (provided that the independent contractors act as service providers) of the Sponsor, and its respective parents, affiliates, subsidiaries, and their immediate family members (i.e., spouse, parent, child, sibling, and the “steps” of each) and persons living in the same household of each are not eligible to enter the Sweepstakes. The Sweepstakes are subject to all applicable federal, provincial, state, territorial, and local laws and regulations. The Sweepstakes are void where prohibited or restricted by law.
- Odds. Odds of winning the Prize depends on the total number of eligible entries received during the Sweepstakes Period.
- Winner Selection. The Sponsor will conduct a total of six (6) randomized drawings
(each a “ Drawing ”). One (1) Drawing will occur on or about one (1) to three (3) business days after the applicable Entry Period End Date, from all eligible Entries received during each applicable Entry Period and in accordance with these Official Rules. A total of six (6) potential Prize winners (each a “ Potential Winner ”) will be selected during all six (6) Drawings, and as further set out in the table below. Each Potential Winner will be notified via an email that he or she is eligible to win the Sweepstakes (the “ Notice ”).
Entry Period |
Entry Period Start Date (8:00:00AM MT) |
Entry Period End Date (11:59:59PM MT) |
Number of Potential Winners |
1 |
December 22, 2022 |
January 26, 2023 |
1 |
2 |
January 27, 2023 |
February 23, 2023 |
1 |
3 |
February 24, 2023 |
March 23, 2023 |
1 |
4 |
March 24, 2023 |
April 20, 2023 |
1 |
5 |
April 21, 2023 |
May 18, 2023 |
1 |
6 |
May 19, 2023 |
June 22, 2023 |
1 |
- Before Being Declared a Winner. Each Potential Winner must reply to the Notice via email within seven (7) business days following the date of the Notice (the “Redemption Period”), and must provide the Sponsor with his or her complete legal name, mailing address, phone number, age, and place of legal residence (the “Required Information”) in the response. After receipt of the Potential Winner’s email, if the Potential Winner is a resident of Canada, the Sponsor will make a maximum of two (2) attempts to either: (a) call the Potential Winner at the phone number provided in the Required Information over the span of two (2) business days in order to administer a time-limited mathematical skill-testing question via telephone, as applicable. The Potential Winner (if a resident of Canada) must correctly answer such question in the time limit indicated by the Sponsor. For any Potential Winner, they will be required to complete a declaration and release through a third-party entity WaiverSign (the “Release”), which among other things: (i) confirms compliance with these Official Rules and acceptance of the Prize; (ii) releases the Sponsor, Instagram, Inc., and any other Sweepstakes parties and each of their respective officers, directors, agents, employees, representatives, principals, administrators, successors, predecessors, subsidiaries, affiliates, related entities, partners, and assigns from any liability in connection with the Sweepstakes , the Potential Winner’s participation therein, and the Prize and any use of the Prize; and (iii) consents to the publication, reproduction and/or other use of the Potential Winner’s name, city, territory, or state, likeness, and/or photo, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever worldwide, including via print, broadcast or the Internet, without further payment, notification, permission, or other consideration, except where prohibited by law, and waives all rights associated therewith, including any and all personality rights and moral rights. The Sponsor will verify if the Potential Winner has complied with these Official Rules. If a Potential Winner fails to provide the Sponsor with the Required Information within the Redemption Period, or in the case of Canadian residents (excluding Quebec), fails to correctly answer the time-limited mathematical skill-testing question, or if a Potential Winner fails to complete and sign the Release through WaiverSign within the Redemption Period as set out above or is not verified by the Sponsor as being in compliance with these Official Rules, then he or she will be deemed to have forfeited any rights to the Prize (individually a “Disqualifying Circumstance”), and a back-up entrant will be selected in the same manner described above by random draw taken from the same pool of eligible entries.
- Confirmation and Delivery . Each Potential Winner will be confirmed as a Winner and awarded the Prize only if he or she has complied with the procedures above and if he or she has been verified by the Sponsor as having complied with these Official Rules. After all requirements of Section 10 of these Official Rules have been satisfied, and so long as there is no Disqualifying Circumstance the Sponsor will send an email to the email address of the confirmed winners (hereinafter, each a “Winner”), and will post an update at https://championpetfoods.com/contest-rules.html to indicate that the Sweepstakes have closed and that winners have been determined. The Prize (all three (3) vouchers) will be mailed at one time by the Sponsor to each Winner within four (4) weeks of each applicable Entry Period , and all coupons will expire on December 31, 2023. The Sponsor will ship (and pay for said shipping) the Prize to the Winner’s mailing address provided in the Required Information. Taxes on the Prize and any other costs, fees and expenses are the sole responsibility of the Winner. Entrants are responsible for all online charges of any internet service or wireless carrier.
- Winner’s List and Copies of Official Rules. The identity of the Winner (name, state, country) or a copy of these Official Rules will be made available on request to anyone that mails a written request to the Sponsor at the address above. The winner’s list will be available within ten (10) weeks of the closing date of the Sweepstakes Period.
- Representations and Warranties. The Winner acknowledges that the Prize is awarded as-is. The Sponsor makes no representations or warranties of any kind, whether express or implied, regarding the Sweepstakes, Prize or any use of the Prize.
- Indemnity. Except where prohibited, by participating in the Sweepstakes, each entrant agrees to release and hold harmless the Sponsor, Instagram, Inc., and each of their respective parents, subsidiaries and affiliated companies, and each of their respective officers, directors, employees, agents, licensees, assigns, sponsors, advertisers or social media “influencers”, partners, and agencies from, and against any and all claims, liabilities, lawsuits, judgments, causes of action, proceedings, injuries, death, losses, costs, expenses or damages of any kind resulting from, in connection with, or arising from acceptance, receipt, delivery, use, nonuse, misuse, defect in, inability to use, possession, or loss of the Prize. Entrants agree that all causes of action and any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred (if any), not to exceed one hundred dollars ($100.00), and in no event will any legal/attorney’s fees be awarded or recoverable.
- Limitation of Liability. The Sponsor is not responsible for (or does not have any obligation towards):
a Potential Winner or Winner who is unable to claim, accept, or utilize the Prize;
- late, incomplete, misdirected, or undelivered entries;
- any computer, electronic or Internet hardware or software malfunctions, failures, interruptions, delays, connections, or availability, or service provider/Internet/website accessibility, availability, or traffic congestion;
- any technical, mechanical, or typographical or other errors;
- unauthorized human intervention;
- incorrect or inaccurate Required Information, or the failure to capture, or loss of, any Required Information;
- any act of God, equipment failure, terrorist acts, earthquake, fire, flood, war, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), transportation interruption of any kind, work slow-down or shortage, pandemic, civil disturbance, or any other cause beyond the Sponsor’s sole control;
- any action, regulation, order, or request by any governmental or quasi-governmental entities (whether or not they prove to be valid); or
- any injury or damage, whether personal or property, to any entrant’s or to any person's computer or device related to or resulting from participating in these Sweepstakes and/or accepting the Prize.
If, for any reason, an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Sweepstakes, the entrant’s sole remedy is to submit another entry provided that the Sweepstakes Period has not expired.
- Disputes. Any and all disputes arising out of or connected with the Sweepstakes or the Prize will be resolved individually without resort to any form of class action. THE PARTIES IRREVOCABLY WAIVE THEIR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THE SWEEPSTAKES. BY ENTERING THE SWEEPSTAKES, THE ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL THE ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND THE ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL AND/OR SPECIAL DAMAGES, AND/OR LOST PROFITS, AND THE ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY). THE ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
- Right to Terminate. If for any reason the Sweepstakes cannot be executed as planned, including but not limited to infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes are compromised or become technically corrupted in any way, electronically or otherwise, the Sponsor reserves the right to cancel, suspend, terminate, or modify the Sweepstakes.
- Privacy. By entering the Sweepstakes, entrants agree to the Sponsor’s use of entrant’s personal information as described in its privacy policy at https://www.championpetfoods.com/en-us/privacy-policy/ . Please refer to the Sponsor’s privacy policy for important information regarding the collection, use and disclosure of personal information by the Sponsor.
- No Instagram Association. The Sweepstakes are in no way sponsored, endorsed or administered by, or associated with, Instagram, Inc. You understand that you are providing your information to the Sponsor, not to Instagram, Inc. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor and not to Instagram.
- Agreement to Official Rules. By entering the Sweepstakes, each entrant acknowledges having read these Official Rules and agrees to be bound by (a) these rules; and (b) any decisions of the Sponsor, which are final and binding on all entrants.
- Social Media : By participating, you release Instagram (the “Platform”) and its parent companies, subsidiaries, affiliates, partners, employees, directors, agents, advertising agencies, from any and against any and all injury, loss or damage caused or claimed to be caused by your participation in the Sweepstakes and/or the acceptance, awarding, receipt, use and/or misuse of the Prize.
- General. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and the Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning the Prize is contingent upon fulfilling all requirements set forth herein. These Official Rules may not be reprinted or republished in whole or in part without the prior written consent of the Sponsor. Entrants waive any right to claim ambiguity in these Official Rules. The Sponsor reserves the right in its sole discretion to suspend, cancel, terminate, or modify the Sweepstakes in any way without prior notice or obligation, and to proceed in a manner it deems fair and reasonable, including the selection of the Winner from among all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor. The Sweepstakes are governed by the laws of the province of Alberta, Canada, and the federal laws of Canada applicable therein, without regard to any conflicts of law provisions. The form and venue for any dispute shall be Edmonton, Alberta, Canada. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any Sweepstakes materials (including but not limited to electronic, digital, and social media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Any inquiries about this Sweepstakes can be made at [email protected].
© 202 2 Champion Petfoods Holding Inc. All rights reserved.