Giveaway Rules and Regulations
Smack Pet Food Joint Giveaway Sweepstakes with Franklin & Bear (@franklin_thebulldog)
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ODDS OF WINNING DEPEND ON NUMBER OF ELIGIBLE ENTRIES RECEIVED. MANY WILL ENTER, ONLY ONE WILL WIN. VOID WHERE PROHIBITED. YOU MUST BE 18 YEARS OF AGE OR OLDER, OR THE AGE OF MAJORITY IN YOUR JURISDICTION TO ENTER. OPEN ONLY TO RESIDENTS OR CITIZENS OF CANADA. A VALID AND CURRENT PUBLIC INSTAGRAM ACCOUNT AND INTERNET CONNECTION ARE REQUIRED.
Smack Pet Food (the “Sponsor”) is sponsoring this Smack Pet Food Giveaway Sweepstakes. Sweepstakes rules are as follows (the “Official Rules”):
1. ELIGIBILITY: The Smack Pet Food Giveaway Sweepstakes (the “Sweepstakes”) is open to any legal resident or citizen of Canada who is at least eighteen (18) years of age, or at least the age of majority in their jurisdiction, whichever is greater, as of the commencement of the Sweepstakes Period (defined below). Individuals who are employees, officers, or directors of the Sponsor and its respective parent companies, subsidiaries, affiliates and advertising and promotion agencies, and the immediate family members (spouses, domestic partners and parents, children and siblings and their spouses or domestic partners, regardless of where they live) or members of the same households (whether related or not) of such individuals are not eligible to win. Void where restricted or prohibited, and subject to all applicable federal, provincial, and local laws.
2. SWEEPSTAKES PERIOD: The Sweepstakes is for 8 days, beginning on March 17, 2023 at 12:00 p.m. CST and ending March 24, 2023 at 11:59 p.m. CST (the “Sweepstakes Period”). Sponsor is the official timekeeper for the Sweepstakes.
3. HOW TO ENTER THE SWEEPSTAKES: There is no purchase necessary to participate. A purchase will not increase your chances of winning. To enter the Sweepstakes: (a) follow the Smack Pet Food Instagram page at https://www.instagram.com/smackpetfood and follow Franklin the Bulldog’s Instagram page at https://www.instagram.com/franklin_thebulldog/ during the Sweepstakes Period; and (b) “like” and “comment” (i.e., “tag a friend”) on Franklin & Bear’s Giveaway post for a chance to win. Entries must be received before the end of the Sweepstakes Period to be eligible for Sweepstakes entry. Use of multiple Instagram accounts and/or email addresses by the same individual to enter is prohibited and that entrant may be disqualified at Sponsor’s sole and absolute discretion. Use of computer programs and/or other automated devices to enter the Sweepstakes is prohibited and that entrant may be disqualified at Sponsor’s sole and absolute discretion. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning the Prize (defined below) is contingent upon fulfilling all requirements set forth herein. Entry into the Sweepstakes requires a valid and current public Instagram account. Participants may create an Instagram account by downloading the free application or program and/or accessing the platform online and following the instructions to create an account for the purpose of participating in the Sweepstakes.
4. SWEEPSTAKES DRAWING NOTIFICATION: Sponsor will randomly select one (1) winner after the Sweepstakes Period, from among all eligible entries received during the Sweepstakes Period, and verify that the winner follows the account and has liked and commented on the aforementioned Instagram post. The winner will be contacted through Instagram on or about March 31, 2023, and must reply to the winner notification from Sponsor and include their full name, mailing address and/or email address and phone number and must successfully answer a mathematical skill-testing question within 2 days of receiving such winner notification. If the winner is not reachable at the address and/or email address provided and a forwarding address and/or email address is not made available or if prize notification is returned as undeliverable or the answer to the mathematical skill-testing question incorrect, then the prize will be forfeited and an alternate winner may be randomly selected at Sponsor’s sole and absolute discretion. The winner will be announced on Sponsor’s Instagram page, www.instagram.com/smackpetfood, on or about March 31, 2023. The odds of winning depend on the total number of eligible entries received during the Sweepstakes Period.
5. AFFIDAVIT OF ELIGIBILITY: Potential winner may be required to complete an affidavit of eligibility attesting to their eligibility to participate in the Sweepstakes and compliance (an “Affidavit of Eligibility”), as well as any additional required information, releases or responses, and return the completed Affidavit of Eligibility to the email address specified in the Affidavit of Eligibility and within the designated time frame stated in the Affidavit of Eligibility. All applicable federal, state/provincial and local laws apply.
6. SWEEPSTAKES PRIZE: The winner and their tagged friend will each receive a CAD$150 electronic gift card to use in the Smack Pet Food eCommerce store (ca.smackpetfood.com) (collectively, the “Prize”). The Prize and the redemption thereof are subject to terms and conditions specified by Sponsor. The Prize is awarded “as is” with no warranty or guarantee, either express or implied. Prize cannot be transferred, substituted, or used in conjunction with any other competition or offer. Upon receipt of the Prize, the winner and their tagged friend shall each be required to comply with any and all applicable federal, provincial and local laws, rules and regulations.
a. Normal Internet access and usage charges imposed by your online service will apply. If you are a potential winner, Sponsor may contact you via mobile phone, which will be subject to the charges pursuant to your wireless service provider’s rate plan. By participating in this Sweepstakes, you agree: (i) to these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to the Sweepstakes; and (ii) to release, waive, discharge, indemnify, defend and hold harmless Sponsor, its respective parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, shareholders, partnership, members, principals, employees, agents, contractors or suppliers, as well as Facebook, Instagram, YouTube, Twitter, Tik Tok and Pinterest, and each of their respective parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, shareholders, partnership, members, principals, employees, agents, contractors or suppliers (collectively, the “Released Parties”) from any and all injuries, liability, losses and damages of any kind arising out of or related to their participation in the Sweepstakes or their acceptance, use or misuse of the Prize including, without limitation, personal injury, death and property damage, and claims based on publicity rights, copyright, trademark, defamation, or invasion of privacy.
b. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the natural person that is first named in the Entry, as determined by Sponsor in its sole and absolute discretion. If the identity of the person submitting an Entry cannot be resolved to Sponsor’s sole and absolute satisfaction, the affected Entry will be deemed ineligible.
c. By entering the Sweepstakes, you represent and warrant as follows: (i) the Entry is your own for you to win the Prize; (ii) the Entry does not contain any false information; (iii) as of the date of Entry, the Entry is not the subject of any actual or threatened litigation or claim; (iv) the Entry does not and will not violate or infringe other peoples’ or companies’ intellectual property, privacy, publicity, or other legal rights, or constitute copyright infringement; (v) the Entry does not contain any material disparaging of the Sponsor and Sponsor’s affiliates; (vi) the Entry does not contain material embodying the names, images, likeness or voices identifying another person without permission; and (vii)the Entry is not abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable. Sponsor reserves the right to disqualify (and refuse to accept or remove) any Entry that Sponsor, in its sole and absolute discretion, deems to violate these Official Rules, inclusive of the representations and warranties contained herein.
d. Released Parties are not responsible for and shall not be liable for: (i) electronic, hardware or software program, network, telephone, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of Entries or votes, or the unauthorized or illegal access to your personally identifiable or sensitive information or the awarding, delivery, acceptance, possession, use, or misuse of the Prize, including without limitation, death and bodily injury; (ii) failed, incomplete, garbled, or delayed computer transmissions, late, lost, inaccurate, delayed, stolen, garbled, misdirected or incomplete entries or votes 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 Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement and notification of the Prize winner, or any condition caused by events that may cause the Sweepstakes to be disrupted or corrupted; or (iii) cancellation, postponement, delay or change of date, venue or time of any events or transportation related to the Prize or the acceptance or use thereof. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to any person or person’s property related to or resulting from participating in this Sweepstakes. Persons who tamper with or abuse any aspect of the Sweepstakes or the relevant website(s), including, but not limited to, the use of any device to automate the entry process, who act in an unsportsmanlike or disruptive manner, or who are in violation of these Official Rules, all as determined by Sponsor in its sole and absolute discretion, will be disqualified and all associated entries will be void. Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify, or suspend the Sweepstakes, or any portion thereof, should viruses, bugs or other causes corrupt the administration, security, or proper play of the Sweepstakes, and limit entries to those submitted prior to the action taken, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole and absolute discretion, and, if terminated, to award the prize from all non-suspect, eligible entries received prior to such action or as otherwise deemed fair and appropriate by Sponsor. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
e. Except where prohibited, entrant agrees that: (i) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred in entering this Sweepstakes, and in no event will entrant be entitled to obtain attorneys’ fees or other legal costs; and (ii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, special, punitive, incidental and consequential damages and any other damages, except as expressly provided above, and any and all rights to have damages multiplied or otherwise increased.
8. DISCLAIMERS: Sponsor reserves the right in its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. Sponsor reserves the right, with the consent of the Régie des alcools, des courses et des jeux (the “Régie”) in the province of Quebec, to terminate or amend the Sweepstakes at any time and in any way, without prior notice. Without limiting the generality of the foregoing, if, for any reason, the Sweepstakes is not capable of running as originally planned, including, but not limited to, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other problems beyond the control of Sponsor, Sponsor reserves the right with the consent of the Régie to cancel, terminate, modify, or suspend the Sweepstakes, and, if applicable, award prizes from among all eligible entries received prior to cancellation.
10. GOVERNING LAW/JURISDICTION: The Sweepstakes and these Official Rules shall be construed in accordance with Manitoba law. Any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded or not awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Courts located in Winnipeg, Manitoba. For Quebec Residents Only: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie for a ruling; any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
11. RULES & WINNER’S ANNOUNCEMENT: The name of the winner and/or Rules will be posted on the Smack Pet Food Instagram page at https://www.instagram.com/smackpetfood
12. SPONSOR: The Sponsor of the Sweepstakes is Smack Pet Food Inc., 701-1200 Sherwin Road Winnipeg, Manitoba R3H 0K4, Canada. This Sweepstakes is not sponsored, endorsed or administered by, nor associated with, Instagram. You understand that you are providing your information to Sponsor, not Instagram, and that by entering the Sweepstakes, you release Instagram from any claim regarding the Sweepstakes.
13. WINNER’S LIST/OFFICIAL RULES: To obtain any legally required winner list (after the conclusion of the Sweepstakes) or a copy of these Official Rules, please send a written request, enclosed with a self-addressed envelope with the proper postage affixed to: Smack Pet Food Inc. Attn: Marketing 701-1200 Sherwin Road, Winnipeg, Manitoba R3H 0K4, Canada, by March 27, 2024.