Purina Real Meat Promotion
NO PURCHASE OR PAYMENT OR TEXT MESSAGE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
THIS PROMOTION IS INTENDED FOR THE RESIDENTS OF FLORIDA, TEXAS AND CALIFORNIA ONLY. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND A RESIDENT OF FLORIDA, TEXAS OR CALIFORNIA AT THE TIME OF ENTRY.
1. ELIGIBILITY: The Purina Real Meat Promotion (the “Promotion”) consists of three separate sweepstakes, the California Sweepstakes, the Florida Sweepstakes, and the Texas Sweepstakes (each a “Sweepstakes”). Eligibility for each Sweepstakes is as follows:
a. The California Sweepstakes is open only to legal residents of California, who are 18 years of age or older at the time of entry.
b. The Florida Sweepstakes is open only to legal residents of Florida, who are 18 years of age or older at the time of entry.
c. The Texas Sweepstakes is open only to legal residents of Texas, who are 18 years of age or older at the time of entry.
Employees of Nestlé Purina PetCare Company and its parent, subsidiary and affiliated companies, and the web design, advertising, fulfillment, judging, administrative, and sweepstakes agencies involved in the administration, development, fulfillment, and execution of the Promotion (collectively, “Promotion Parties”), and the immediate family members (spouse, parent, child, sibling, grandparent, and spouse or "step" of each, regardless of where they reside) and those living in the same household of each such person, whether or not related, are not eligible to enter any Sweepstakes or win a prize. Void outside the United States and where prohibited.
2. SWEEPSTAKES PERIOD: Each Sweepstakes begins on October 1, 2017 at 12:00:01 a.m. CT and ends on November 30, 2017 at 11:59:59 p.m. CT (the “Sweepstakes Period”). The Website clock is the official clock for each Sweepstakes.
3. TO ENTER:
a. California Sweepstakes: The California Sweepstakes consists of five separate retailer drawings. During the Sweepstakes Period, California residents can text the keyword CARNE to the short code 45384 to receive a reply text message with a link to the Sweepstakes website (www.RMsweeps.com) (the “Website”). Click on the link to the Website and complete the required information, including selecting California and selecting a favorite retailer, and submit the entry form to receive one (1) entry into the Sweepstakes for the particular retailer. Or, to enter without incurring text message charges, just visit www.RMsweeps.com during the Sweepstakes Period.
b. Florida Sweepstakes: During the Sweepstakes Period, Florida residents can text the keyword CARNE to the short code 45384 to receive a reply text message with a link to the Sweepstakes website (www.RMsweeps.com) (the “Website”). Click on the link to the Website and complete the required information, including selecting Florida, and submit the entry form to receive one (1) entry into the Sweepstakes. Or, to enter without incurring text message charges, just visit www.RMsweeps.com during the Sweepstakes Period.
c. Texas Sweepstakes: During the Sweepstakes Period, Texas residents can text the keyword CARNE to the short code 45384 to receive a reply text message with a link to the Sweepstakes website (www.RMsweeps.com) (the “Website”). Click on the link to the Website and complete the required information, including selecting Texas, and submit the entry form to receive one (1) entry into the Sweepstakes. Or, to enter without incurring text message charges, just visit www.RMsweeps.com during the Sweepstakes Period.
By texting CARNE to 45384 you are providing express consent to receive text messages via automated technology from Sponsor related to the Promotion; you will receive up to four (4) automated text messages from Sponsor related to the Promotion. Text STOP to cancel. Text HELP for help. Message and/or data charges may apply to each message sent and received or when accessing the Website using a mobile device. Please check your carrier for pricing plan details and text messaging/internet capabilities. For your entry to be valid, you must complete all required information.
Second Entry: You can receive a second entry into your respective Sweepstakes by visiting RMsweeps.com and upload a photo (“Photo”) of (1) your dog or dogs with one or more of the qualifying real meat Purina Dog Chow or Beneful packages: Beneful® Grain Free, Beneful® Originals or Purina® Dog Chow Complete Adult or (2) your dog. Entrants do not need to purchase any product in order to be eligible. Photos may initially be screened by the Sponsor for apparent compliance with these Official Rules. To qualify for this second chance entry, participants must already be entered into a Sweepstakes through the site at www.dochow.com/realmeat. Second chance entries will be matched based upon the mobile phone number to the original entry such that participants who qualify will receive a second entry into the Sweepstakes. Photos must comply with all submission guidelines.
Sponsor reserves the right to post your Photo on the Sponsor’s website and/or via Sponsor’s social media pages/accounts, in its sole and absolute discretion without notification or compensation. Posting of a Photo is not a confirmation, representation or warranty by the Sponsor or any of its representatives that the Photo is compliant with these Official Rules. Sponsor’s decisions with respect to whether a Photo complies with these Official Rules are final and binding and may be made by Sponsor at any time. Photos that do not meet the requirements set forth in these Official Rules may not be acknowledged and may be automatically disqualified, in the sole discretion of the Sponsor or third party promotion administrator.
Limit of two (2) entries in the Promotion per person/phone number regardless of entry method. Additional entries will be void. Automated means of entry are prohibited and any use of automated devices to enter or subvert the entry process will cause disqualification and all associated entries will be void. Proof of submission is not proof of receipt by Sponsor. By participating, you agree to abide by and be bound by these Official Rules and the Sponsor’s decisions, which are final and binding in all matters.
4. PHOTO SUBMISSION GUIDELINES:
The following guidelines set by the Sponsor must be followed for each Photo:
a. You must own all rights to the Photo and have the right to grant Sponsor a license to use the Photo (including any material embodied in the Entry);
b. The Photo cannot contain the image or likeness of any other individual;
c. The Photo must comply with these Official Rules;
d. The Photo must not, in the sole and unfettered discretion of Sponsor, incorporate any elements of entries submitted by other entrants;
e. The Photo cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity or any inappropriate content;
f. The Photo cannot promote alcohol, illegal drugs, depict gambling references or tobacco use, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
g. The Photo cannot be obscene or offensive, defamatory, libelous, threatening, harassing, or endorse any form of hate or hate group;
h. The Photo cannot defame, misrepresent or contain disparaging remarks about Sponsor, Promotion Parties or their products or other people, products or companies;
i. The Photo cannot prominently feature, as determined in Sponsor’s sole discretion, trademarks, logos, copyrighted works, trade dress (such as distinctive packaging or building exteriors/interiors) or any intellectual property owned by others (including but not limited to music, product packaging, photographs, sculptures, paintings and other works of art or images, published on or in websites, television, movies or other media) other than as owned by entrant or as authorized by Sponsor for use by entrants in connection with the Promotion;
j. The Photo cannot (in the sole discretion of Sponsor) advertise or promote any brand or product of any kind other than the Sponsor’s, including, but not limited to, any of Sponsor’s competitors, any of Promotion Parties’ competitors, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
k. The Photo cannot contain materials embodying the name, likenesses, voices or other indicia identifying any other person, living or dead, unless you have express permission from that person to use their likeness and performance in connection with the Promotion;
l. The Photo must (in the Sponsor’s sole discretion) promote responsible pet ownership;
m. No background artwork or material shall appear in the Photo unless it is the original work of the entrant;
n. Photos must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein;
o. The Photo cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
p. The Photo cannot violate any law or otherwise be inappropriate; all as determined by Sponsor in its sole discretion.
EACH ENTRANT WARRANTS TO THE PROMOTION ENTITIES THAT HIS OR HER PHOTO DOES NOT CONTRAVENE OR INFRINGE ON ANYONE ELSE’S COPYRIGHT OR OTHER INTELLECTUAL PROPERTY, MORAL RIGHTS, PRIVACY OR PUBLICITY RIGHTS.
Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Submission requirements set forth herein in its sole discretion.
By submitting a Photo, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose the Photo and the ideas contained in the Photo on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. By entering, you acknowledge that Sponsor has no obligation to use or post any Photo you submit. You acknowledge that Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
By submitting a Photo you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (e) that publication of the Photo via various media including Web posting, will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless, Sponsor and Promotion Parties from any claims to the contrary. By accepting a prize, each winner agrees that his/her Photo will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then each winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winners hereby waive in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Entry. Sponsor reserves the right to alter, change or modify any winner’s Photo, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Photo and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
5. DRAWINGS AND ODDS OF WINNING:
a. California Sweepstakes: There will be one Grand Prize winner in the California Sweepstakes selected in a random drawing from all eligible entries received for the California Sweepstakes during the Sweepstakes Period. Odds of winning a Grand Prize depend on the number of eligible entries received for all retailers. Additionally, there will be four (4) First Prizes awarded in California one in each of the remaining four participating retailers in California that did not have the grand prize winner. Odds of winning a First Prize depend on the number of eligible entries received for the respective retailer.
b. Florida Sweepstakes: There will be one Grand Prize winner and one First Prize winner in the Florida Sweepstakes selected in a random drawing from all eligible entries received for the Florida Sweepstakes during the Sweepstakes Period. Odds of winning depend on the number of eligible entries received for the Florida Sweepstakes.
c. Texas Sweepstakes: There will be one Grand Prize winner and one First Prize winner in the Texas Sweepstakes selected in a random drawing from all eligible entries received for the Texas Sweepstakes during the Sweepstakes Period. Odds of winning depend on the number of eligible entries received for the Texas Sweepstakes.
Each drawing will be conducted on or about December 5, 2017 by Prism Marketing, Inc., a third party promotion administrator, whose decisions shall be final and binding on all matters related to the Sweepstakes.
5. PRIZES: Grand Prize (3): Each Grand Prize winner shall receive $1,000 cash payable to winner and a year’s supply of Purina products awarded in the form of twelve (12) $20 VIP coupons (ARV $1,240). Six (6) First Prizes: Each First Prize winner will receive a year’s supply of Purina products awarded in the form of twelve $20 VIP coupons (ARV $240). Total approximate retail value of prizes (“ARV”): $5,160. Prizes are non-transferable and no cash redemption or prize substitution permitted, except at the sole discretion of the Sponsor. Sponsor reserves the right in its sole discretion to substitute a prize with one of comparable or greater value, at its sole discretion. Winners are solely responsible for any federal, state and local taxes on the prize. Prize is awarded “as is” with no warranty or guarantee, either express or implied. All prize details are at Sponsor’s sole discretion. Limit one (1) prize per person/household.
6. WINNER NOTIFICATION AND VERIFICATION:
Potential winners are subject to verification, including verification of eligibility and compliance with the terms of these Official Rules. Potential winners will be notified by text and/or phone call and will be required to reply with a valid street address for prize delivery within 10 days (no PO boxes) or the prize will be forfeited and may be awarded to an alternate winner. The potential Grand Prize winner will be required to complete and return a Declaration of Eligibility, a Liability/Publicity Release and a Form W-9 (“Grand Prize Documents”) as a condition of being awarded the prize. The Grand Prize Documents will be sent to the potential Grand Prize winners via email or express delivery, and the potential Grand Prize winner must complete and return the Grand Prize Documents within four (4) business days of the date the documents are sent or the Grand Prize may be forfeited and at Sponsor’s discretion may be awarded to an alternate winner. Grand Prize will be delivered via an express delivery service. First Prizes will be mailed via U.S. mail to the verified winners within 4-6 weeks following receipt of a valid street address. Sponsor is not responsible for any change of telephone number or mailing address. In the event of noncompliance with these Official Rules, or if a prize notification or prize is returned as undeliverable, or a potential winner cannot be contacted within a reasonable time period, the prize will be forfeited and may not be awarded at Sponsor’s discretion.
7. GENERAL CONDITIONS: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) AND OTHER REMEMDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. If the Promotion is not capable of running as planned for any reason, including without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, Sponsor reserves the right, at its sole discretion, to suspend, modify or terminate the Promotion. In the event of termination, Sponsor may, at its discretion, award the prizes in a random drawing from the non-suspect, eligible entries received as of the time of the event causing termination or as otherwise deemed fair and appropriate by Sponsor.
9. LIMITATIONS OF LIABILITY AND RELEASE: In the event that an entry is confirmed to have been erroneously deleted or lost, entrant’s sole remedy shall be another entry into the respective Sweepstakes. No liability or responsibility is assumed by Released Parties (as defined below) resulting from user's participation in, attempt to participate in, or download of any information in connection with participating in, the Promotion. No responsibility or liability is assumed by the Released Parties for technical problems or technical malfunction, including, without limitation, those arising in connection with any of the following occurrences that may affect the operation of the Promotion: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, or other online communication problems; errors or limitations of any Internet service providers, servers, hosts, or providers; garbled, jumbled, or faulty data transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet or Website; unauthorized human or non-human intervention in the operation of the Promotion, including without limitation, as the result of unauthorized tampering, hacking, theft, virus, bug, or worm; or for lost, late, incomplete, inaccurate, stolen, delayed, misdirected, undelivered, or garbled text messages, notifications, or entries; or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the prizes or these Official Rules in any Promotion-related materials. Use of Website is at user’s own risk. Released Parties are not responsible for any personal injury or property damage or any other losses of any kind that may be sustained to user's or any other person's computer equipment resulting from participation in the Promotion, use of the Website or the download of any information from the Website, or any other loss related to user’s participation in the Promotion or receipt of any prize. As a condition of entering, entrants agree: (a) to release Promotion Parties and all of their respective officers, directors, agents and employees (collectively, “Released Parties”) from any and all liability, loss, or damage incurred with respect to entrant’s participation in the Promotion and the awarding, receipt, possession, and/or use or misuse of any prize; (b) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
10. PUBLICITY: By accepting a prize, each winner grants permission for Sponsor and those acting under its authority to use his/her name, and address (city and state), photograph, voice and/or likeness, for advertising and/or publicity purposes, in any and all media (including posting on websites operated by Sponsor) now known or hereinafter invented without territorial or time limitations and without further notice to and without additional compensation. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.
11. GOVERNING LAW & JURISDICTION: The Promotion is governed by the laws of the state of Missouri, and entrants consent to jurisdiction and venue in, and agree that all claims and disputes must be resolved exclusively in, the federal or state courts in St. Louis, Missouri.
12. WINNERS LIST: For the names of the winner, send a self-addressed stamped envelope to: Purina Real Meat Sweepstakes Winners List, P.O. Box 2302, Coppell, TX 75019, for receipt no later than December 31, 2017.
13. SPONSOR: Nestlé Purina PetCare Company, Checkerboard Square, St. Louis. MO 63164