Sun's Out Tongues Out Giveaway Official Rules
OFFICIAL RULES. The following are the official rules (“Rules”) for Sun’s Out Tongue’s Out (the “Giveaway”). In order to enter the Giveaway, you must agree to these Rules. You agree that submission of any entry form and/or participation in the Giveaway constitutes your agreement to these Rules.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
- Eligibility: The Giveaway is open only to legal residents of legal U.S. residents who are 18 years of age or older at the time of entry. Employees of Sponsor and its respective parent, affiliates, subsidiaries, Giveaway agencies, suppliers and members of their immediate families, are not eligible. Void where prohibited by law. For purposes of the Giveaway, “immediate family” is defined as spouses, parents, children, siblings and their respective spouses, regardless of whether they reside in the same household.
- Sponsor: This Giveaway is sponsored by Embark Veterinary, Inc., a company headquartered at 186 Lincoln Street, Floor 6, Boston, MA 02111.
- Timing: The Giveaway runs from Monday, July, 19, 2021 to Saturday, July 30th, 2021 midnight PST (“Giveaway Period”).
- Entry: To enter the Giveaway, during the Giveaway Period, participants must submit a valid email address. Use of any automated system to participate is prohibited and will result in disqualification. The Giveaway is not sponsored by Instagram, Inc, or Facebook, Inc. A purchase or payment of any kind will not increase your chances of winning. Winners (“Winners”) will be selected by a panel of Embark employees from the pool of Valid Entries.
- Entry Errors: Sponsor is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified. Sponsor is not responsible if online service or equipment is interrupted including without limitation: (1) interruptions to any network, server, Internet, Web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, (5) the incorrect or inaccurate capture of information or the failure to capture any such information, or (6) printing or typographical errors.
- Selection of Winners: Sponsor will select only (1) winner at random from the pool of Entries received each week during the Giveaway Period (the “Entries”). The Winner will be notified via email within seven (7) business days after the Giveaway Period ends. Entrants are responsible for checking their email and ensuring that their information is up-to-date and accurate. Prize notices returned as undeliverable will result in the disqualification of the potential prize Winner and an alternate Winner will be selected. Sponsor’s decisions are final and no correspondence will be entered into. Winner will have twenty-four (24) hours to respond and claim their Prize via e-mail message from firstname.lastname@example.org. If the Winner is discovered to be invalid for any reason prior to delivery of the Prize, or if the Winner cannot be contacted or does not respond within the twenty-four (24) hour time period, an alternate Winner may be selected, at the sole discretion of the Sponsor. If there is no Winner by the 30th day after the end of Giveaway, no further Winners will be chosen. Potential Winner may be required to show proof of identification and provide social security number upon request in conjunction with Prize award/acceptance.
- Prizes: Winner will receive the prize kit of one (1) Embark B+H Kit (valued at $149), one (1) $50 Sleepycotton.com gift card, one (1) Jasonwell foldable dog bath pool (valued at $56), one (1) Arf Pets Dog Self Cooling Mat (valued at $50), one (1) Outward Hound Floatiez (valued at $5), one (1) Ruffwear swamp cooling vest (valued at $60) and one (1) Emmy’s Dog Skin Protector (valued at $19), 1) M&MK Pet dog water bottle (valued at $14), 1) Petsafe freezable dog chew toy (valued at $5), 1) Vivaglory dog life vest (valued at $21), and 1) Musher’s paw wax (valued at $15). Limit one (1) Prize per Winner. All results and decisions of Sponsor are final and binding in all respects. The Prize cannot be combined with any other offer. Prizes are non-transferable or redeemable in cash and must be accepted as awarded. Each Prize is awarded “as is” with no warranty or guarantee, either express or implied outside of manufacturer’s limited warranty. No transfer, assignment or substitution of a Prize permitted, except Sponsor reserves the right to substitute Prize for an item of equal or greater value in the event an advertised Prize is unavailable. Although Entry in the Giveaway requires no consideration, Winners are required to comply with any and all applicable federal, state, and local laws, rules and regulations. All federal, state and local taxes, and any other costs not specifically provided for in these Official Rules are solely the Winner’s responsibility.
- Acceptance of Official Rules: As a condition of entry, participants fully and unconditionally agree to these Official Rules, to the Terms and Conditions of Prize Drawings and to Sponsor’s decisions, which are final and binding in all respects. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute the waiver of such provision.
- Publicity: As a condition of entry, you grant consent to Sponsor, and its affiliates to use your name, submission information for publicity or advertising in any media or manner, including website posting discussing Winner’s involvement in the Giveaway, without payment, consideration, notice or approval and without geographic or time limitation, except where prohibited by law. You understand that Sponsor intends to publicize, at a minimum, the name and Embark breed results of any canine owned by a winner and previously tested by Embark.
- Liability: You agree that Sponsor and each of its respective parent, subsidiaries and affiliates and all its advertising and Giveaway agencies as well as Instagram, Inc. and Facebook, Inc., and their prize partners will have no liability whatsoever in connection with this Giveaway and, you shall hold them harmless for any injuries, losses or damages of any kind that you or others may incur as a consequence of your participation in the Contest or your acceptance, use or misuse of the prize. By entering the Giveaway, Entrant explicitly releases, discharges and holds harmless the Sponsor, and each of its successors and assigns and all its respective shareholders, directors, officers and employees, as well as Instagram, Inc. and Facebook, Inc., and their prize partners, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including attorneys’ fees and/or experts fees and costs, which he/she now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Giveaway and the acceptance and use or misuse of the prize. The Released Parties are not responsible for 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 Giveaway or receipt or use or misuse of the Prize.
- Conditions of Participants’ Conduct: Sponsor reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Giveaway and to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. Without limiting the foregoing, Sponsor may lock out any Entrant who, in Sponsor’s sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter.
- Disputes/Choice of Law/Arbitration: Except where prohibited, each Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or the awarding of the Prizes shall be resolved individually, without resort to any form of class action; (2) no punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded (collectively, “Special Damages”), (3) Entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. Massachusetts Law, without reference to choice of law rules, governs the Giveaway and all aspects related thereto; and (4) any claim, dispute, or controversy (whether in contract, tort, or otherwise) the entrant may have against the Sponsor arising out of, relating to, or connected in any way with the Giveaway the awarding or redemption of any prize and/or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding individual arbitration before a single arbitrator conducted in the English language in Boston, Massachusetts,U.S.A. under the applicable arbitration rules of the American Arbitration Association (AAA), and you and Sponsor expressly waive trial by jury, and any right to collective or representative action or damages. You and Sponsor shall appoint as sole arbitrator a person mutually agreed by you and Sponsor or, if you and Sponsor cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall share equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms. These Terms and the Giveaway shall be governed by the laws of the Commonwealth of Massachusetts without regard to principles of conflicts of law that would result in the application of the law of any other jurisdiction, except that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions set forth above. Indemnification: TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND EACH OF ITS RESPECTIVE PARENT, AFFILIATES, AND SUBSIDIARIES AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSEES, SUCCESSORS, REPRESENTATIVES AND AGENTS AT ALL TIMES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSSES, LIABILITIES, DAMAGES, PROCEEDINGS, COSTS (INCLUDING ATTORNEYS’ FEES) AND EXPENSES FOR ANY INJURY, DAMAGE OR LOSS CAUSED OR CLAIMED TO BE CAUSED, BASED UPON, OR ARISING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR ANY PART OF THE PRIZE, ENTERING THE SWEEPSTAKES, PARTICIPATION IN THE SWEEPSTAKES, OR PARTICIPATION IN ANY PRIZE RELATED ACTIVITY OR EVENT.
- In no event shall Sponsor be liable to a Winner or Entrant for any indirect, incidental, consequential, special or punitive damages of any kind, whether in contract, tort, negligence, strict liability, statutory or any other theory of liability arising from or related to the Giveaway, or any aspect of Winner’s or Entrant’s participation in or termination from the Giveaway as provided herein, even if Sponsor has been advised of the possibility of such damages. In no event shall Sponsor be liable to a Winner or Entrant for any amount with respect to Winner’s or Entrant’s participation in or disqualification from the Giveaway or from the termination or cancellation of the Giveaway. To the extent permitted by law, the rights to litigate, seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or related to the Giveaway are hereby excluded, and you expressly waive any and all such rights.
- General: In any section, provision, term or clause shall be held or found to be unenforceable or invalid by a court decision, statute, rule or otherwise, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from these Rules to the extent necessary to make such provision enforceable and consistent with the remainder of these Rules. This Giveaway is governed by the laws of the State of Massachusetts, United States. All federal, state and local laws and regulations apply. By entering and participating in the Sweepstakes, you agree to be bound by these Rules and by Sponsor’s decisions, which are final and binding on all matters relating to the Sweepstakes. Entrants are required to provide accurate, valid and truthful information at all times. Sponsor will reject and delete any Entry that it discovers to be false, fraudulent, illegal or deceptive and will disqualify any entrant who tampers with the Entry process, the operation of the Sweepstakes, or is otherwise in violation of the Rules. Sponsor is not responsible for electronic transmission errors which result in the omission, interruption, deletion, defect, destruction, alteration, and/or delay of any Entry. Sponsor is not responsible for any technical, network, electronic, computer, hardware and/or software malfunction, problem, incompatibility, congestion or failure of any kind. Sponsor reserves the right to cancel, terminate or modify the Giveaway at any time, in its sole discretion, if the Giveaway is not capable of completion as planned, including without limitation, the lack of Entry submissions, incomplete Entries, computer viruses, bugs, tampering, unauthorized intervention or technical failures of any sort, without notice. Upon cancellation or termination of the Giveaway for any reason, Sponsor shall have no obligation to award prizes or compensation of any kind.
- By submitting an Entry and participating in the Giveaway, you represent and warrant that (i) your Entry is original and that you are the sole and exclusive owner and rights holder of the submitted Entry, or you have obtained the necessary permission to include the Entry in the Contest, and that you have the right and authority to submit the Entry in the Contest; (ii) your Entry does not violate any third party intellectual property or proprietary rights; and (iii) you are otherwise not in violation of any applicable laws, rules and/or regulations.
By submitting an Entry and participating in the Giveaway, you agree and hereby grant Sponsor and its parent, subsidiaries, affiliates, agents, employees, successors, and/or related entities (collectively herein “Sponsor Entities”) an absolute unrestricted, non-exclusive, royalty-free, irrevocable, worldwide, perpetual, and transferable license and permission to use, store, copy, modify, publish, distribute, copyright, broadcast, display, combine with other materials, edit, alter, and/or reproduce your Entry for any purpose, including but not limited to marketing, media, editorial, commercial, advertising, promotional and/or publicity purposes, in any form of media anywhere in the world, including but not limited to its webpages, social media platforms, third party websites, digital and physical owned channels, without geographic or time limitation or further payment, compensation, notice or approval to you, except where prohibited by law. You also agree to participate in any marketing, media, editorial, commercial, advertising, promotional and/or publicity activity related to the Contest. You agree to provide affidavits to Sponsor Entities upon request for the purpose of complying with legal and/or broadcaster requirements concerning eligibility or the use of designs and/or testimonials in advertising.
- FACEBOOK & INSTAGRAM DISCLOSURE: You are providing your information to Sponsor and not to Instagram, Inc. or Facebook, Inc. Giveaway is in no way sponsored, endorsed or administered by, or associated with, Instagram, Facebook or Petco. By participating, you hereby release and hold harmless Instagram from any and all liability associated with this Giveaway.