THE INCREDIBLE DOG NATIONAL DOG DAY 2024 PHOTO SWEEPSTAKES
OFFICIAL RULES
- NO PURCHASE NECESSARY. A purchase will not increase your chance of winning.
- DISPUTES RESOLVED BY BINDING ARBITRATION WITH NO CLASS RELIEF.
- THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INSTAGRAM, OR META.
Important: Please read these Official Rules before entering this Sweepstakes. By participating in this Sweepstakes, you agree to be bound by these Official Rules.
- SPONSOR: The “Sponsor” is JKS Ventures, Inc. d/b/a Incredible Pets (“Incredible Pets”), 1775 Grass Valley Hwy Ste. A, Auburn, California 95603. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, or Meta.
- ELIGIBILITY: The Incredible Pets National Dog Day 2024 Contest Sweepstakes (the “Sweepstakes”) is open only to legal residents who are physically located in one (1) of the fifty (50) United States or the District of Columbia, excluding all residents of the state of Arizona and who are at least eighteen (18) years of age or older. Employees of Sponsor, and its respective parents, affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers, directors, officers, and each of their immediate family members (spouse, domestic partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren) and/or those living in the same household (whether legally related or not) of each are not eligible to enter the Sweepstakes or win. Void where prohibited by law.
- ENTRY PERIOD: The Sweepstakes begins at 10:00am PDT on August 26, 2024 and ends on 11:59pm PDT on August 30, 2024. (the “Entry Period”).
- HOW to enter: To enter the Sweepstakes, you must: Follow Incredible pets on Instagram @incredible.pets. Post a photo of your pet and tag the Incredible Pets Instagram page @incredible.pets and use the hashtag #MyIncrediblePet. Upon successful registration, you will receive one (1) entry into the Sweepstakes. Limit one (1) entry per person (“Entry” or “Entries”).
No entries will be accepted that do not follow Promotion Website instructions. All Entries must be received by the Sponsor within the Entry Period. An online entry is “received” when the Sponsor’s servers record the entry. Entries must comply with these Official Rules or be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. If you change your contact information after you enter the Sweepstakes, it is your sole responsibility to update your information with the Sponsor. Entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. In the event of a dispute, the potential winner may be required to provide proof that he or she is the authorized holder of the identified e-mail account. Sponsor may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other.
- ALTERNATIVE METHOD OF ENTRY: You may also enter the Sweepstakes by emailing Sponsor at hello@incredpets.com during the Entry Period, including the name of the Sweepstakes for which you are entering, your Email Address, First Name, Last Name, Home Address (no P.O. Boxes), City, State, Zip Code, Phone Number (including area code) (collectively, “Entry Information”). Limit of one (1) entry per person will be accepted. Subsequent attempts made by the same individual to submit multiple entries (including via automated means) are void. Entries that are not in compliance with the Official Rules may be disqualified at Sponsor’s discretion. An emailed entry is “received” when the Sponsor’s servers record the entry information.
- WINNER SELECTION, NOTIFICATION AND PRIZE CLAIMING: One (1) potential Winner will be selected through a random drawing on or about September 3rd, 2024 from all eligible entries received in accordance with these Official Rules. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of any winner. Decisions of the Sponsor as to the selection of a winner will be final. The potential Winner will be notified via DM on Instagram and announced on The Incredible Pet Instagram page, or will be notified by email by September 4, 2024. Notification is deemed to have occurred immediately upon sending of an e-mail, a DM, and posting on Instagram. If the potential Winner fails to respond within five (5) days of notification, Sponsor may select another potential Winner at Sponsor’s discretion.
Each potential Winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (the “Prize Acceptance Release”), and return same within the time period specified at notification before being eligible to receive his or her prize.
- ODDS: Odds of winning will depend upon the total number of eligible entries received.
- PRIZES AND VALUES: Sponsor will award the Winner One (1) Prize: A $50 Gift Card to shop online at incredpets.com or in-store at an Incredible Pets Retail location. Winner will choose Gift Card type. Total prize value is $50 USD.
Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor's sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion, and are subject to change. In the event that Sponsor is unable to provide the Winner with their prize, the Sponsor may elect to pay the Winner the ARV of the Prize, or award an alternate prize of comparable or greater value. All prizes are awarded “AS IS” and without warranty of any kind, express or implied. Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize(s). ARV of the prize is based on available information provided to Sponsor and may be reported for tax purposes as required by law. The Winner may be required to provide Sponsor with a valid social security number or tax identification number before the prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of Winner, or if a minor in the jurisdiction in which she or he resides, in the name of her/his parent or legal guardian, for the actual value of the prize received. Unclaimed prizes will be forfeited.
- PRIVACY AND SWEEPSTAKES COMMUNICATIONS: Personal information collected from entrants during the Sweepstakes is subject to Sponsor’s Privacy Policy available at https://incredpets.com/pages/privacy-policy. By entering this Sweepstakes, you understand that Sponsor, its third party vendors, and its advertising or promotion agencies may use your personal information (including e-mail address) for administration of the Sweepstakes, the fulfillment of Prizes, for marketing purposes and to provide you with information about Sponsor’s programs, products, services and special offers. You expressly consent to the use of your information by Sponsor and its advertising or promotion agencies for such purposes.
- PUBLICITY RELEASE: Except where prohibited, by participating, you grant Sponsor permission to use your name, username, social networking name, photograph, voice, any other likeness, or comments for publicity purposes, in any and all media, now known or hereafter devised, without payment to you.
- INTELLECTUAL PROPERTY. The Sweepstakes Official Rules, the Promotion Website, and all related web pages, content and code are the property of the Sponsor or authorized third parties. The copying of any of those materials, associated trademarks or any other intellectual property without the express written consent of its owner is strictly prohibited. By posting any content to the Promotion Website (“User Promotion Content”), you irrevocably: (a) Grant Sponsor a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to all rights in the User Promotion Content (e.g., copyright) together with all consents necessary to enable its exploitation by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise such exploitation in perpetuity; and (b) Confirm that the User Promotion Content is original, does not violate any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, etc.) of any person/entity.
- RELEASE: By participating in the Sweepstakes, you agree to release Sponsor, and the applicable parents, subsidiaries, affiliates, agents, distributors, licensors, licensees, representatives, attorneys, prize providers and advertising and promotion agencies, Facebook and Instagram, and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from any claims, liability, costs, losses, damages or injuries of any kind arising out of or related to your participation in the Sweepstakes. You agree that the Released Parties: (A) have neither made nor will be responsible for any warranty, express or implied, in connection with the Sweepstakes (including Prizes); (B) and will not be responsible or liable for any injury that may be caused by the wrongful act of any other person or entity, including Promotion Website users, and by any cause whatsoever beyond the control of the Released Parties. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
- YOUR REPRESENTATIONS, WARRANTIES AND INDEMNITY: You represent and warrant that you have read, understand and will follow the Official Rules. You further represent that you have the right to agree to these Official Rules. You agree to indemnify and hold the Released Parties harmless from and against any third party claim, to the extent relating to any breach of any representation, warranty or covenant made by you in your acceptance of these Official Rules.
- SUSPENSION / MODIFICATION / TERMINATION: If Sponsor is prevented from continuing with the Sweepstakes by any event or cause beyond its control, e.g., events of nature, interference by humans or entities unrelated to Sponsor, acts of government (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Sweepstakes. If the Sweepstakes is terminated, the Sponsor, at its sole discretion, may select the potential Winner from all eligible entries received prior to termination.
- TAMPERING: Sponsor will disqualify any individual that attempts to tamper with or undermine the legitimate operation of the Sweepstakes and reserves the right to seek damages (including attorneys’ fees) and other remedies from any such individual to the fullest extent permitted by law.
- GOVERNING LAW / LIMITATION OF LIABILITY: All issues concerning the Sweepstakes and these Official Rules shall be governed by California law without giving effect to any choice of law or conflict of law rules that would cause the application of any other state’s laws.
BY ENTERING THE SWEEPSTAKES, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY CLAIMS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
- MANDATORY ARBITRATION; NO CLASS RELIEF: To the fullest extent permissible by law, with the exception of disputes pertaining to Sponsor’s intellectual property rights, ANY DISPUTE BETWEEN YOU AND SPONSOR RELATING TO THE SWEEPSTAKES SHALL BE REFERRED TO AND FINALLY RESOLVED THROUGH BINDING ARBITRATION ADMINISTERED BY JAMS UNDER THE JAMS STREAMLINED ARBITRATION RULES AND PROCEDURES ON AN INDIVIDUAL BASIS WITH NO CLASS RELIEF. This clause shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act.
- NAME OF WINNER/OFFICIAL RULES REQUESTS: To receive the name of the Winner, send a stamped self-addressed envelope to: “Sweepstakes Winners List”, JKS Ventures, Inc. d/b/a Incredible Pets (“Incredible Pets”), 1775 Grass Valley Hwy Ste. A, Auburn, California 95603 (Attn: Katie Love, Director of Marketing and Sales.) Please indicate which Sweepstakes Winners List you are requesting (i.e., the name of the Sweepstakes). For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: “Sweepstakes Official Rules”, JKS Ventures, Inc. d/b/a Incredible Pets (“Incredible Pets”), 1775 Grass Valley Hwy Ste. A, Auburn, California 95603 (Attn: Katie Love, Director of Marketing and Sales.) prior to the end of the Entry Period. Please indicate which Sweepstakes Official Rules you are requesting (i.e., the name of the Sweepstakes). Vermont residents may omit return postage with Official Rules requests.
- MISCELLANEOUS: The invalidity of any provision of these Official Rules or the Prize Acceptance Release will not affect the validity of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Release is determined to be unenforceable, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid provision were not contained here. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives are not responsible for any typographical or other errors in the administration of the Sweepstakes, including, but not limited to, errors in any printing or posting of these Official Rules, the selection and announcement of any winner, or the distribution of any prize. You agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience and will not be deemed to affect the meaning of this document. By entering the Sweepstakes, you accept Sponsor’s Privacy Policy (https://incredpets.com/pages/privacy-policy) and Terms of Use (https://incredpets.com/pages/terms-and-conditions), each as posted on the Promotion Website. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the Promotion Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.
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