Please read these Official Rules ("Rules") carefully before participating in the 2008 PetSmart.com Ratings & Reviews Giveaway ("Giveaway"), sponsored by PetSmart, Inc. ("Sponsor"). The Giveaway begins at PetSmart.com on May 26, 2008 at 11:00:00 a.m. ET, and is scheduled to end at 12:00:00 a.m. ET on July 4, 2008 (the "Giveaway Period").
ELIGIBILITY
No purchase necessary to enter or win. Participation in this Giveaway is strictly online and entries will be received only as outlined in these Rules.
Giveaway participants must be (a) permanent legal residents of the United States or Canada (excluding Quebec) and (b) of legal age of majority in their jurisdiction of residence (and at least 18 years of age or older in the U.S.) at the time of review. This Giveaway is void outside the 50 United States and the District of Columbia, Canada and Quebec, and where prohibited or restricted by law. By participating in the Giveaway, you agree that: (1) you have read and understand the Rules; (2) you meet the Giveaway eligibility requirements as explained in the Rules; (3) you are bound by the Rules and to Sponsor's Conditions of Use, Legal Notices and Privacy Policy as published at www.PetSmart.com; (4) you unconditionally accept and agree to comply with and abide by the Rules and the decisions of Sponsor; and (5) the Rules shall be legally binding on you and your legal representatives, heirs, successors, and assigns.
Persons in the following categories are NOT eligible to participate in or win prizes in the Giveaway: Employees, officers, directors and agents of Sponsor, PetSmart Charities, Inc., and Banfield, the Pet Hospital, and their parents, subsidiaries, affiliates, retailers, and advertising or promotion agencies and vendors of any product featured in the Giveaway (collectively, "Giveaway Entities"), and the immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and household members of all such persons, whether or not related.
HOW TO ENTER
During the Giveaway Period, participants will be automatically entered into the Giveaway with submission of a completed and accepted product review at PetSmart.com ("Valid Review" or "Valid Reviews"). Entrant must create a free user account at PetSmart.com in order to submit a product review. Product reviews will be accepted pursuant to the terms of use and guidelines posted with the product “Write a Review” program at PetSmart.com. Product reviews, including all attached photos and videos, must focus on the product and your individual experience using it, and must provide details about why you liked or disliked the product. In order to be eligible for the Giveaway, the entrant must have used the product prior to submitting a product review.
To be eligible for a Daily Prize, your Valid Review must be received between 12:00:01 a.m. ET and 11:59:59 p.m. CST on that day. To be eligible for the Grand Prize, your Valid Review must be received by Sponsor on any day during the Giveaway Period. See "Prize Details" and "Winners Selection" below.
The database clock at the Giveaway Website will be the official timekeeper for this Giveaway. A Valid Review will be deemed received by Sponsor from the authorized account holder of the email address supplied at the time of review. "Authorized account holder" is defined as the natural person to whom the applicable email address has been assigned by the Internet Access Provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted review. In the event of a dispute, a potential winner may be required to provide Sponsor with proof that he/she is the authorized account holder of the email address associated with the submitted review. If a dispute cannot be resolved to Sponsor’s satisfaction, the review will be disqualified.
All non-winning entries from Daily Prize drawings are not automatically re-entered for subsequent Daily Prize drawings.
ODDS OF WINNING
Odds of winning a Daily Prize are determined by the total number of Valid Reviews received that day during the Giveaway Period.
Odds of winning the Grand Prize are determined by the total number of Valid Reviews received during the entire Giveaway Period that did not win a Daily Prize.
One Valid Review per day equals one chance to win on the day of review. One Valid Review per day with up to two photo submissions equals two chances to win on the day of review. One Valid Review per day with a video submission equals three chances to win on the day of review. Note: Only two photos will be accepted per Valid Review and only one video will be accepted per Valid Review.
You may enter as many times as you like but can win only one Prize. Multiple reviews of the same product are not valid and will not increase chances of winning. "SPAM" or fraudulent reviews will not be posted and will be void.
WINNERS SELECTION
For each day during the Giveaway Period, Sponsor will randomly select a Daily Prize winner from Valid Reviews received the prior day. A "day" will be determined by the system clock at the Giveaway Website.
At the end of the Giveaway Period, Sponsor will randomly select the Grand Prize winner from the Valid Reviews received during the Giveaway Period, excluding the Daily Prize winners. Daily Prize winners are not eligible to win the Grand Prize.
PRIZE DETAILS
Subject to these Rules, the following prizes will be awarded in U.S. dollars ("Prize" or "Prizes") and all values are in U.S. dollars:
Daily Prize from 5/26/08-7/4/08: One Daily Prize winner will receive a $50 PetSmart gift card.
Grand Prize: At the end of the Giveaway (by 7/11/08), one Grand Prize winner will receive a $150 PetSmart gift card.
Limit one Prize per person, phone number, email address, and/or household address.
Canadian residents will be required to correctly answer a time-limited mathematical skill-testing question in order to claim a Prize.
USE OF VALID ENTRIES, PHOTOS AND VIDEOS
By entering into this Giveaway, you warrant that you are the sole owner of all right, title and interest (including copyright and moral rights) in and to the photo(s), video(s) and all information you submit with your Valid Review; that these items do not infringe any intellectual property rights of any individual or entity, including the photographer who took the photo(s) or video(s) you have submitted; and that these items do not contain any material that otherwise violates any criminal prohibition.
You grant to Sponsor, its employees, agents, personnel, assigns, licensees, successors in interest, and legal representatives, an irrevocable and perpetual and royalty free right to use, reproduce, communicate, distribute, edit, adapt, copy and otherwise use all or any part of your submission, including photo(s) and video(s), and information, name(s) (first name and/or last name or any other name you provided with your review) or likeness, in all forms and in all media and in all manner, without any restriction or notice as to changes or alterations for any advertising, promotion, publicity, or any other lawful purposes.
Giveaway participants eligible to win prizes may be required to sign a document confirming all of the above before being confirmed as a winner of any prize.
Your photo(s), video(s), and information submitted may be altered for the purposes of publication at the PetSmart.com website in connection with this Giveaway. You waive any claims you may have based on any usage of your photo(s), video(s) and information and release Sponsor from any and all liability related to distribution, publication, and dissemination of these items, including publication on the internet. You waive all moral or integrity rights with respect to the photo(s) and video(s) you have entered into this Giveaway.
You acknowledge that Sponsor is relying upon, and would not use your photo(s) and information submitted with your photo(s) and video(s) in the absence of, your consent to these Rules. Sponsor is not liable or responsible for any content provided by users of this Giveaway and Sponsor's websites. Sponsor will not sell the rights in your photo(s), video(s) or information to any third party.
PRIZE RESTRICTIONS
Prizes will be awarded only to winners who have fully complied with these Rules. Prizes are non-transferable and are awarded "as is" with no warranty or guarantee either expressed or implied. PetSmart gift cards are subject to terms and conditions specified by PetSmart. Sponsor reserves the right to substitute any prize for one of comparable or greater value, at its sole discretion. Winner is solely responsible for all federal, state and local taxes, including any income and withholding taxes, as well as all other costs or fees associated with acceptance and/or use of the prize not specified herein as being awarded.
GIVEAWAY CONDITIONS
This Giveaway is subject to these Official Rules and all applicable federal, state, provincial and local laws and regulations (collectively "Rules and Laws"). Notwithstanding anything to the contrary in Sponsor's privacy policy available at www.PetSmart.com, as amended from time to time, and except where prohibited by law, winner’s acceptance of the prize constitutes permission of such participant for Sponsor and its designees to use, without notice, permission or further compensation, worldwide, and in perpetuity, in any and all forms of media, now known and hereafter devised, including, without limitation, on the Sponsor website, winner’s first name, last name, city and state, photograph, likeness, video, voice, and/or voice likeness for purposes of advertising, trade, promotion and publicity. Otherwise, please refer to the Sponsor's privacy policy for the Sponsor's handling of personal information. Sponsor reserves the right, at its sole discretion, to disqualify any individual whose pet is acting in a dangerous or disruptive manner, or any individual it finds to be tampering with the review process or the operation of the Giveaway; to be acting in violation of the Official Rules, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; and all associated entries will be void. CAUTION: ANY ATTEMPT BY AN ENTRANT TO UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND 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, AND TO NOTIFY LAW ENFORCEMENT AUTHORITIES WHO MAY PURSUE CRIMINAL PROSECUTION. Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Giveaway without notice or further obligation for any reason, including in the event Sponsor is prevented from continuing with this Giveaway (or any portion thereof), or the integrity and/or feasibility of the Giveaway (or any portion thereof) is undermined by any event or cause (each a "Force Majeure" event). If the Sponsor, in its discretion, elects to abbreviate the Giveaway (or any portion thereof) as a result of a Force Majeure event, the Sponsor reserves the right, but shall have no obligation, to award the prizes at issue from among all non-suspect eligible entrants at the time of such Force Majeure event.
LIMITATIONS OF LIABILITY
By entering the Giveaway, each entrant agrees and acknowledges to be bound by the Rules and Laws, as well as the decisions of Sponsor, whose decision shall be binding and final; that he/she will be disqualified if he/she does not comply with the Rules and Laws; to waive any rights to claim ambiguity with the Rules and Laws, and that Giveaway Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death and injury or death to pets) in connection with: participation in Giveaway; acceptance/possession (including, but not limited to, delays by shipping companies), defects, and/or use/misuse of a prize; human error; incorrect or inaccurate transcription of Review information; typographical, printing or other error in the printing of these Rules or in any Giveaway-related information; administration of the Giveaway, the processing of Reviews or in the announcement of prizes (including such error as may give an erroneous indication that a prize has been won); any technical malfunctions of any telephone network, computer online system, computer equipment, or software utilized by the Giveaway; or any hardware or software compatibility problems on account of technical problems or human error, or combination thereof; any lost/delayed data transmissions, omissions, interruptions, defects; and/or any other errors or malfunctions, even if caused by the negligence of one of the Giveaway Entities. Each entrant further agrees to indemnify and hold harmless Giveaway Entities from any and all injuries, losses, damages, claims, actions or any liability resulting or arising from participation in this Giveaway or acceptance, possession or use of a prize, and to release all rights to bring any claim, action or proceeding against Giveaway Entities. Giveaway Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of any of their agents, servants, employees or independent contractors; (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of a Sponsor; or (3) by any other cause, condition or event whatsoever beyond the control of Sponsor or its parents, subsidiaries and affiliated companies.
GOVERNING LAW:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the participant or Sponsor in connection with the Giveaway shall be governed by and construed in accordance with the laws of the State of Arizona in the United States without regard to conflict or choice of law provisions or international treaties or conventions. Participants specifically agree to the venue and jurisdiction being exclusively in the federal and state courts situated in Maricopa County in the State of Arizona, United States.
ACCESS TO RULES
These Official Rules will be posted online only at www.PetSmart.com.
WINNERS LIST
For a list of winners, mail a self-addressed stamped envelope to: Ratings & Reviews Giveaway, Direct Business Group, 19601 N. 27th Avenue, Phoenix, 85027. All requests must be received by 7/31/08. Limit one request per self-addressed stamped envelope. Canadian residents may omit postage.
