PLEASE REVIEW THESE OFFICIAL RULES BEFORE ENTERING THE ANIMAL HEROES CONTEST (“CONTEST”).
ENTRY INTO THE CONTEST IS FREE, AND NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PAYMENT OR PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. THE CONTEST IS VOID WHERE PROHIBITED BY LAW.
The Contest is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. BY SUBMITTING AN ENTRY, THE ENTRANT (“ENTRANT”) CONFIRMS THAT HE/SHE IS AT LEAST 18 YEARS OF AGE. Employees of Modern Farmer Media, Purina Animal Nutrition LLC, and other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to federal, state, and local laws and regulations.
The Contest is sponsored by Modern Farmer Media (“Modern Farmer”), located at 403 Warren Street, Second Floor, Hudson, New York, 12534.
3. Agreement to Official Rules
Participation in the Contest constitutes the Entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a Prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
4. Contest Period
The Contest begins on August 22, 2018 at 12:01 a.m., eastern daylight time and ends on September 17, 2018 at 11:59 p.m., eastern daylight time (the “Contest Period”). Entries that are submitted before or after the Contest Period will be disqualified. Submissions will be accepted for the duration of the Contest Period via Online Entry, as described in Paragraph 5, below.
5. How To Enter
Entrants shall visit Modern Farmer Media’s Animal Heroes Contest website http://modernfarmer.com/animal-heroes/, follow the directions provided to fill out the entry information, and submit an entry. The entry form requires the entrant to nominate a chicken, dairy cow, beef cow, goat, horse, or pig personally known to them that has committed a heroic act (an “Animal Hero”). The entrant must describe the nominated Animal Hero’s heroic act. The Entrant may upload a photograph of the Animal Hero in .jpeg format. However, the inclusion of a photograph in an Entry is NOT required, and will not increase the Entrant’s chances of winning a Prize.
Limit one (1) entry per person, per email address, and per household for the duration of the Contest Period. Entries received from any person, e-mail address, or household in excess of the stated limitation will be void. All entries, including all descriptions of Animal Heroes and/or their heroic acts, become the property of Sponsor and will not be acknowledged or returned. Normal internet access and usage charges imposed by Entrant’s online service will apply and are Entrant’s sole responsibility. If entering via mobile device, normal phone/data and usage charges imposed by Entrant’s phone service may apply, and are Entrant’s sole responsibility. Sponsor is not responsible for any compatibility issues with Entrant’s device/browser used for entry.
6. Judging Process and Criteria
On or about September 19, 2018, a judge (“Judge”) shall select from all of the qualifying entries submitted during the Contest Period six (6) potential winners (“Potential Winners”). The Judge shall be Renee Lewin, Director of Sponsored Content for Modern Farmer Media. The Judge will consider each entry on the basis of (i) the act of animal heroism described in the entry and (ii) the extent to which the act of animal heroism described in the entry went above and beyond what is typical of other animals of its species (“Judging Criteria”). The use of the Judging Criteria shall be at the sole discretion of the Judge. The odds of winning depend on the number of entries received.
7. Winner Notification
The Sponsor will attempt to notify each Potential Winner via email no later than October 1, 2018. If any Potential Winner cannot be contacted within five (5) days after the date of the first attempt to contact him/her, the Sponsor shall direct the Judge to select an alternate Potential Winner on the basis of the Judging Criteria described above in Section 6 from among the remaining non-winning, eligible entries.
Each Potential Winner (or the Potential Winner’s parent or legal guardian if a minor in his/her state of residence) will be required to complete, electronically sign, and submit a Declaration of Compliance within five (5) days of the date notice is sent, in order to claim his/her Prize (as defined below in Section 8). If a Potential Winner cannot be contacted, or fails to submit his/her Declaration of Compliance within the required time period, the Potential Winner forfeits his/her Prize, and the Sponsor shall direct the Judge to select an alternate Potential Winner on the basis of the Judging Criteria described above in Section 6 from among the remaining non-winning, eligible entries. If the Potential Winner is at least 18 years of age but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian, who will be required to sign the Declaration of Compliance on the Potential Winner’s behalf and fulfill any other requirements imposed on the Potential Winner as set forth herein. Potential Winners must continue to comply with all terms and conditions of these Official Rules, and receiving a Prize is contingent upon fulfilling all requirements. In the event that a Potential Winner is disqualified for any reason, the Sponsor shall direct the Judge to select an alternate Potential Winner on the basis of the Judging Criteria described above in Section 6 from among the remaining non-winning, eligible entries. Only three (3) alternate winners will be selected, after which the prize may, at the Sponsor’s sole discretion, remain un-awarded. Once the Sponsor, at its sole discretion, deems that a Potential Winner has complied with all applicable requirements of these Official Rules, that Potential Winner will be deemed a winner of the Contest (“Winner”). Prizes will be fulfilled by December 31, 2018.
Six (6) prizes will be awarded, with no more than one (1) Prize awarded per entrant. Each prize shall be a $200 gift certificate for Purina® Feed (“Prize”). Consumer Disclosure: The Approximate Verifiable Retail Value of each Prize is $200.00. The odds of winning depend on the number of entries received.
Each Prize may be redeemed for any type of Purina® Feed, and must be redeemed through a Purina Certified Expert Dealer. Purina Certified Expert Dealers in the Winner’s area can be found using the “Where to Buy” tool on Purina’s website (purinamills.com). Each Winner shall be solely responsible for, and shall be solely responsible for all expense incurrent in, choosing a Purina Certified Expert Dealer in his/her area, ordering and picking up all animal feed purchased with the Prize, and transporting all animal feed purchased using the Prize.
Prizes (or portions thereof) are not transferable (except at Sponsor’s sole discretion). No substitutions or cash equivalents are allowed except by Sponsor, who reserves the right to award a prize of equal or greater value if advertised Prize is unavailable. Winners are solely responsible for any and all federal, state, and other tax liabilities resulting from receiving a Prize. Winners should contact a tax professional regarding the potential tax consequences of receiving a Prize.
9. Winning Animal Heroes Eligible to be Profiled on ModernFarmer.com
Each winning Animal Hero story will be eligible to be featured in a profile on modernfarmer.com (“Profile”). Profiles arising from the Contest shall be published in 2018 or 2019. Sponsor, at its sole discretion, shall decide whether and to what extent to Profile each winning Animal Hero. That an Entrant becomes a Winner of a Prize does NOT entitle that Entrant/Winner or that Entrant/Winner’s Animal Hero to receive a Profile. Sponsor, at its sole discretion, may choose to include in a Profile any, all, or none of the Animal Hero, the Animal Hero’s heroic act, the Entrant/Winner, the Animal Hero’s owner, the Animal Hero’s caretaker, the Animal Hero’s farm or home, and/or any other person associated with the Animal Hero. Any person to be included in an Animal Hero’s Profile must complete, electronically sign, and submit a Consent Form, consenting to the use of his/her name, image, and/or other information in the Profile.
10. General Conditions
In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Contest and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any person/Entrant it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reseres the right to seek damages (including attorney’s fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
11. Release and Limitations of Liability
By participating in the Contest, Entrants agree to release and hold harmless the Sponsor and its parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest including without limitation Purina Animal Nutrition LLC, and its respective officers, directors, employees, shareholders, representatives, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the Prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) entry form downloads and/or uploads, (e) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the Winners, the cancellation or postponement of the event, if applicable, the processing of entries or any Contest-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or acceptance, receipt or misuse of the Prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Entrant be entitled to receive attorney’s fees. 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 Contest. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Except where prohibited, each Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the SUPREME COURT OF NEW YORK LOCATED IN COLUMBIA COUNTY, NEW YORK. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrants’ rights and obligations, or the rights and obligations of the SPONSOR in connection with the Contest, shall be governed by, and construed in accordance with, the laws of New York, without giving effect to any choice of law or conflict of law rules that would cause the application of the laws of any jurisdiction other than New York.
14. Winners List
To obtain a copy of the winners’ list, available after January 1, 2019, please send an email by March 31, 2019 to [email protected].