Poof Pet of the Month Contest Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram, any other social network/platform or Mailchimp. You understand that you are providing your information to Promotion Entities, and not to, Facebook, Twitter, Instagram any other social network/platform or Mailchimp.
Eligibility: The Poof: Pet of the Month Contest (“Promotion”) is open only to natural persons who are legal residents of the United States of America who are at least eighteen (18) years of age, and who have a valid Poof app account at the time of entry. Promotion may only be entered from and in eligible jurisdictions. Promotion Entities, prize providers, and their respective parent, subsidiary and affiliate companies, employees, agents, and suppliers, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible to participate. In the event of a dispute as to the identity of an entrant, the authorized account holder of the account will be deemed to be the entrant. Administrator may request any potential winner to provide proof that such person is the winner. All potential winners are subject to verification before any prize will be awarded, and to all to all applicable, federal, state, and local laws and regulations. Promotion is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Sponsor: The Sponsor of the Promotion is E & E Co. , Ltd.(“Sponsor”). Administrator: The Administrator of the Promotion is Poof (“Poof”)
Sponsor and Administrator are collectively referred to herein as “Promotion Entities”.
Timing: The Contest will consist of a series of individual monthly contests. Starting on March 3rd 2017, each monthly contest will open on the 1st day of each month and close on the last day of the month at Midnight Pacific Time (“Entry Period”). The monthly contests will continue until the Administrator notifies the public via the Poof App, Poof Social Media Properties, and Poof Website of closing of the final Entry Period of the Contest.
METHOD OF ENTRY
To enter, the participants must do the following:
(effective as of May 1, 2017)
One (1) entry per participant will be permitted for the duration of the Contest Period.
The same contestant is permitted to win only once during a 12-month period
For all entries: Each Poof app participant is eligible up to one (1) Promotion entry during the Promotion Period, regardless of number of Poof app accounts. Any attempt by any entrant to obtain more than the stated number of entries by using multiple Poof App accounts by using different email addresses will void that entrant’s entries and that entrant may be disqualified. Use of any automated technology or system to participate is prohibited and will result in disqualification. Any automated receipt (such as one confirming App account) does not constitute proof of actual receipt by Administrator of an entry. Promotion Entities are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. All entries become the property of the Administrator and none will be acknowledged or returned.
Prize (effective May 1, 2017): One (1) Grand Prize consisting of one 2-Pack of Collapsible Traveling Food Bowls by FriendsForever.
Retail value of prize is up to: $13.03 (including shipping costs). All fees, federal, state and other taxes, costs and expenses relating to the use, acceptance and possession of the prize are the sole responsibility of the winner.
For all prizes: Odds of winning a prize depend on the number of eligible entries entered in the random drawing. There will be only one prize per winner. Lost or stolen prizes will not be replaced. Prize does not include any other item or expense not specifically described in these Official Rules, and any such additional expenses are the sole responsibility of winner. Prizes may not be transferred or assigned. Only listed prizes will be awarded and no other prizing or substitutions will be made except at the sole discretion of Administrator. Winners agree to accept the prize “as is”, and entrants hereby acknowledge that Promotion Entities have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including express warranties (if any) provided exclusively by a prize supplier that are sent along with the prize. Any valuation of the prize stated above is based on available information provided to Administrator and the value of any prize awarded to a winner will be reported for tax purposes as required by law.
Selection and Verification of Potential Winners: Eligible Poof App posts with a pet image will automatically be entered and the post with the most app “treats” ( i.e. post likes) will be selected as the Pet of the Month around the 3rd day of each month, starting June 3, 2017. This method of entry is effective as of May 1, 2017. Administrator’s decisions as to the administration and operation of the Promotion and the selection of potential winners are final and binding in all matters related to the Promotion. Administrator reserves the right to disqualify any participant or winner and may refuse to award any prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the Promotion, or obtained winner status using fraudulent means.
All potential winners are subject to verification by Administrator. Administrator will not accept screen shots or other evidence of winning in lieu of its validation process. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Each potential winner will be notified by email. Each potential prize winner may be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release (“Affidavit”) (except where prohibited), which must be received by Administrator within forty-eight (48) hours of the time notice or attempted notice is sent, in order to claim a prize (if applicable). If a winner is a minor, the Affidavit must also be executed by the winner’s parents or legal guardians. If a potential winner of any prize cannot be contacted, fails to sign and return the Affidavit within the required time period (if applicable), declines the prize or prize is returned as undeliverable, such potential winner forfeits the prize. In the event that a potential winner is disqualified for any reason, Administrator will award the corresponding prize to an alternate winner by random drawing from among all remaining eligible entries. All alternate potential winners are subject to all requirements set forth in these Official Rules. Only three (3) alternate winners will be selected, after which the prize will remain un-awarded.
Publicity: Except where prohibited, participation in the Promotion constitutes winner’s consent to Promotion Entities’ use of winner’s name, social media identity, likeness, photograph, voice, opinions, hometown and state for promotional purposes in connection with this Promotion in any media, worldwide, without further payment or consideration.
Errors and Unauthorized Activity: Promotion Entities are not responsible: (1) for any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) for technical and/or communications malfunctions, errors or failures of any kind; (3) for unauthorized human intervention in any part of the Promotion; (4) for technical or human error which may occur in the administration of the Promotion or the processing of entries; (5) 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 Promotion or receipt or use or misuse of any prize; or (6) if the Promotion cannot take place or if any prize cannot be awarded due to acts of war, natural disasters, weather or acts of terrorism. 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 in the Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Administrator, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. 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 Official Rules to be available and/or claimed, Administrator reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims. Administrator reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Promotion Entities’ reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Administrator in its sole discretion. In such event, Administrator reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Administrator reserves the right, in its sole discretion, to disqualify any individual it suspects or finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Promotion Entities reserve the right to seek damages from any such person to the fullest extent permitted by law. Promotion Entities’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Release: By participating in the Promotion, entrant (a) releases Promotion Entities, prize providers, promotional agencies, franchisees, and each of their respective parent companies, affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees, from any and all liability for any claims, costs, injuries, losses or damages of any kind arising in connection with the Promotion, including the unauthorized or illegal access to personally identifiable or sensitive information or acceptance, possession, use, misuse, or nonuse of the prize that may be awarded; and (b) acknowledges that the foregoing parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a prize including, without limitation, the prize quality or availability.
Disputes: As a condition of participating in the Promotion, entrant agrees that: a) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of- pocket expenses; b) all causes of action arising out of or connected with this Promotion or the prizes awarded, shall be resolved individually, without resort to any form of class action, exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective; and c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred and in no event shall entrant be entitled to receive attorneys’ fees or other legal costs. Promotion Entities reserve the right to modify prize award procedures. The Promotion and these Official Rules, and the validity, construction, performance, and enforcement thereof, shall be governed by and construed in accordance with the laws of State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
Winner’s List: To obtain a list of the names of winners of prizes, mail your request and a self-addressed, stamped envelope, up to sixty (60) days after the close of the Promotion, to Poof: Pet of the Month Contest #WINNERS LIST, c/o Poof, 45875 Northport Loop E., Fremont, CA 94538
The Promotion and all accompanying materials are copyrighted 2017; Poof is a registered trademark [USPTO No. 4,990,138] of E & E Co., Ltd.