NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE PRIZE IN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VALID ONLY IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA. VOID WHERE PROHIBITED.
1. SPONSOR: The Mars Petcare Boo Bash 2020 Sweepstakes (“Sweepstakes”) is sponsored by Mars Petcare US, Inc., 2013 Ovation Parkway, Franklin, TN 37067 (“Sponsor”). This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Instagram.
2. ELIGIBILITY: To enter the Sweepstakes, you must, as of the start of the Sweepstakes Period (defined below), (i) be a legal resident of the 50 United States or the District of Columbia, (ii) above the age of majority in your place of residence; and (iii) have access to the Internet. Employees, officers and directors of Sponsor, its advertising and promotion agencies, and its respective parent companies, affiliates, franchisees, subsidiaries and agencies, and their immediate families (parents, siblings, children and spouses of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers and directors, are ineligible to participate in this Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and is void where prohibited.
3. SWEEPSTAKES PERIOD: Entries must be submitted between 12:00 am Eastern Time (“ET”) on October 21, 2020 and 11:59 pm ET on October 30, 2020 (“Sweepstakes Period”). Sponsor’s computer, or that of its designee, shall serve as the official timekeeper for the Sweepstakes.
4. HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR WIN.You can enter the Sweepstakes via Instagram or mail. You can enter as many times as you desire, up to one entry per person, per day; however, each online entry must include a different Photo (as defined below). With each entry, you will be entered for a chance to win a Prize (as defined below). Sponsor reserves the right to disqualify entries that are incomplete, illegible, contain false or inaccurate information, violate the Photo Restrictions, or are not within the spirit of the Sweepstakes, as determined by Sponsor in its sole discretion.
Instagram: You may enter the contest by uploading a picture of your cat or dog in a Halloween costume (a “Photo”) during the Sweepstakes Period on your personal Instagram account and using the hashtags #MarsPetcareBooBash and #sweepstakes. You are required to use all hashtags to gain an entry into the Sweepstakes. Each time you fully comply with the above requirements, you will receive one (1) entry. Entries made assume that you have reviewed these Official Rules and accept all terms. Creating an Instagram account is free, but subject to Instagram’s terms and conditions (see http://instagram.com/about/legal/terms/#).
If your social media account is set to “protected mode”, “private” or similar, your post(s) may not be visible to Sponsor and, therefore, will not be received by Sponsor, resulting in your failure to enter the Sweepstakes. Sponsor may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsor is not responsible for failure to see or receive an entry. Sponsor, at its sole discretion, may accept a technically incorrect unique term. All online entries must be received by October 30, 2020 at 11:59pm.
Mail: To submit an entry by mail, print your first name, last name, complete mailing address, and email address on a postcard and send it via first-class mail to: Mars Petcare Boo Bash 2020 Entry, 2013 Ovation Parkway, Franklin, TN 37067. Mail-in entries must be postmarked within the Sweepstakes Period and received by the Sponsor no later than October 30, 2020.
Entrants are limited to one (1) entry per person, per day, regardless of method of entry. Entries must be received during the Sweepstakes Period to be eligible. Any use of automated, robotic, macro, programmed or similar quick-entry programs, or attempts to exceed the maximum number of entries permitted, is prohibited and will result in disqualification. In case of dispute, entries will be declared made by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor will not verify receipt of entries. Entries become property of Sponsor and will not be returned. If an entrant enters this Sweepstakes on his/her mobile device, message and data rates may apply. Entrants should consult their wireless service provider regarding its pricing plans. Entrants should review their mobile device’s capabilities for specific app instructions.
Photo Restrictions: The Photo must not include any private information of a third party such as name, address, phone number, or email address; if a Photo includes the image of a child under the age of 18, the entrant must be the child’s parent/legal guardian; the Photo must not include brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to create and upload the Photo for this Sweepstakes; the Photo must comply with all applicable laws and policies of Sponsor and Instagram, as applicable; the Photo must conform to the standards and practices of Sponsor and Instagram, as applicable, and may not be offensive, as determined by Sponsor in its sole discretion, and may not defame or invade the publicity, privacy or intellectual property rights of any person (living or deceased) or entity, or otherwise infringe upon any person or entity’s rights; the Photo may not disparage Sponsor, its parent, subsidiaries or affiliates or any of their respective products or services; the Photo may not depict a cat or dog in any unsafe or unhealthy position or situation (as determined by Sponsor in its sole discretion); the Photo must be in good taste and appropriate for a family audience (as determined by Sponsor in its sole discretion) and may not contain nudity, obscenity, profanity, indecent material, lewd acts, references to violence, or demean any gender, race, religion or sexual orientation; and the Photo must be the sole, original work of the entrant.
5. SELECTION AND NOTIFICATION OF THE PRIZE WINNER: On or about October 31, 2020, Sponsor or its designee will conduct a random drawing from among all eligible entries. One potential winner will be selected from the eligible entries for each category: Best Cat Costume and Best Dog Costume. Following the drawings, selected entrants will receive an Instagram notification informing them that they have been selected as a potential winner and additional directions for eligibility verification. If prizes are returned as undeliverable or Sponsor is otherwise unable to award the prize to a potential winner, then such person may be disqualified and an alternate potential winner may be selected via a random drawing, if time permits. Non-compliance with these Official Rules, failure to return any documentation requested by Sponsor or Sponsor’s inability to contact a potential winner, as determined in Sponsor’s sole discretion, may result in disqualification. Sponsor’s decisions are final and binding in all matters related to the Sweepstakes.
6. PRIZE AND APPROXIMATE RETAIL VALUES (“ARV”): A total of two (2) entrants will be eligible to receive a prize, as follows: The winner of the Best Cat Costume drawing will receive a Mars Petcare gift basket with food and treats from Mars Petcare brands. (Approximate Retail Value (“ARV”): $200.00 USD). The winner of the Best Dog Costume drawing will receive a Mars Petcare gift basket with food and treats from Mars Petcare brands as well as a WHISTLE® GPS dog tracker. (Approximate Retail Value (“ARV”):$325.00X USD). The aggregate retail value of all prizes is $525.00 USD. Odds of winning a prize depend on the number of eligible entries received during the Sweepstakes Period. No transfer, substitution or cash equivalent for prize is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if the prize or any portion of the prize cannot be awarded, in whole or in part, as described for any reason. Actual retail value of the prizes or prize components may differ from stated ARV and Sponsor will not award any difference between actual value and ARV. Actual prizes may differ from any promotional images. Prize winner is responsible for all federal, state, or local taxes associated with prize acceptance.
7. DISQUALIFICATION: If an entrant is found to be ineligible, or if he/she does not comply with the Official Rules, then such entrant will be disqualified. If the prize, prize documentation or prize notification is returned as undeliverable or unclaimed, this will result in disqualification. In the event an entrant is deemed ineligible or disqualified for any reason under the provisions of the Official Rules, then an alternate potential winner may be selected via a random drawing from among all eligible entries received during the Sweepstakes Period, if time permits. If, after a good-faith attempt, Sponsor is unable to award or deliver the prize, the prize may not be re-awarded.
9. SWEEPSTAKES CONDITIONS: By entering, each entrant agrees: (a) to be bound by these Official Rules and any other documents required by Sponsor herein and by the decisions of the Sponsor, and to waive any right to claim ambiguity in this Sweepstakes, the Official Rules or any other documents required by Sponsor herein, (b) to indemnify, defend and hold harmless Sponsor, and its officers, directors, employees, shareholders, representatives and agents (collectively, “Released Parties”) from and against any and all liability, claims, losses, damages, demands, causes of action, penalties and expenses arising out of or related to any statement, action or failure to act by entrant during or in connection with his/her participation herein and/or any breach or alleged breach of these Official Rules or of any other documents required by Sponsor and, (c) not to sue and to hereby irrevocably and unconditionally release, discharge and hold harmless the Released Parties from any and all liabilities, claims and demands of any kind or nature whatsoever, in law or equity, whether known or unknown, which entrant (or entrant’s successors-in-interest, heirs and/or agents) ever had, now have, or in the future may have against the Released Parties, including, but not limited to claims arising out of or related to personal injury (including death) and/or damage, theft, loss or any other harm resulting in whole or in part, directly or indirectly, from (i) participation in the Sweepstakes or any Sweepstakes related activity, (ii) the acceptance, possession, misuse or use of the prize, (iii) the use of any of the rights granted herein (including, without limitation, the use and exploitation of the entrant’s entry, name, address (city and state), biographical information, statements, voice, photograph, and/or other likeness), (iv) any malfunction or other problem with any Sweepstakes website or webpage, (v) any error in the collection or retention of entry information, and (vi) any typographical or other error in the printing, offering or announcement of any prize.
10. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for lost, late, stolen, deleted, misdirected, undeliverable or incomplete entries due to system errors or failures or faulty transmissions or other telecommunications malfunctions; and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, typographical or system/human errors and failures, or faulty transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, cable connections, or satellite transmissions, computer online systems, servers or providers, computer equipment, or entries not received by Sponsor on account of technical problems or traffic congestion on the Internet or at a website, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an entrant’s ability to participate. Proof of transmission does not constitute proof of entry. The Released Parties are also not responsible for any malfunction of any Sweepstakes website or webpage or error in the collection, processing or retention of entry information. WITHOUT LIMITING THE FOREGOING, AND EXCEPT WHERE PROHIBITED BY LAW, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE PRIZE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
11. TERMINATION/SUSPENSION/MODIFICATION OF SWEEPSTAKES: If for any reason this Sweepstakes is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity, fulfillment or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole discretion to terminate, modify or suspend the Sweepstakes and to select the winner by conducting a random drawing from those eligible entries received up to the time of the termination/suspension. Sponsor may also disqualify or prohibit an entrant from participating in the Sweepstakes or winning a prize in this or any other promotion conducted by Sponsor if, at its sole discretion, it determines that said entrant has violated the Official Rules or has threatened or is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception or other unfair playing practices (including the use of automated quick-entry programs), or intending to annoy, abuse, threaten or harass any other entrants or Sponsor’s representatives. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
12. DISPUTES: Subject to applicable law, by entering the Sweepstakes, each entrant agrees that disputes will be resolved as follows: the Sweepstakes is governed by the laws of Tennessee, without regard to the conflicts of law provisions. All disputes, claims or demands that relate to these Official Rules will first be brought to the attention of the other party and will be resolved individually, without resort to any form of class action. The receiving party shall have sixty (60) days from the date of such notice to remedy the described breach or violation and notify the complaining party in writing of the resolution. If the dispute, claim or demand is not resolved to the satisfaction of the complainant within 60 days, the complainant may request an informal resolution conference (mediation), which if agreed to by the other party will be scheduled to occur within twenty-one (21) days of the written response. Each party shall have the right to be represented at such a conference by counsel and will ensure that a decision-maker with full and complete authority to resolve the dispute attends the conference. Such conference will be in front of a third-party mediator chosen by the parties. If the parties do not agree to conference or are unable to resolve a dispute after such a conference, the parties agree that exclusive jurisdiction for any dispute, claim or demand related in any way to these Official Rules will be decided by binding arbitration. All disputes between the parties, of whatsoever kind or nature arising out of these Official Rules, shall be submitted to JAMS for binding arbitration under its applicable rules then in effect, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
13. WINNERS LIST: For a complete list of prize recipients, please contact Sponsor at Mars Petcare Boo Bash 2020 Winners List, 2013 Ovation Parkway, Franklin, TN 37067, by no later than March 30, 2021.
14. SEVERABILITY: If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
™/® Trademarks © 2020 Mars or Affiliates. Any third-party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third-party trademarks in these Official Rules or in the Sweepstakes is solely for descriptive purposes and shall in no way imply an endorsement or Sponsorship of the Sweepstakes. You are providing your information to the Sponsors and the information you provide will only be used in accordance with the Official Rules of this Sweepstakes.