WELLNESS PDHM CONTEST RULES

THE WELLNESS PET DENTAL HEALTH MONTH CONTEST OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.

This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. The information you provide will only be used in the event you are determined a Contest winner.

  1. CONTEST ENTRY PERIOD: The Wellness Pet Dental HealthContest (“Contest”) starts once the @wellnesspetfood Instagram post announcing the Contest goes live (“start time”) on February 2, 2023 and ends at 11:59 PM Eastern Time (“ET”) on February 28, 2023 (“Contest Entry Period”). Sponsor’s clock is the official “timekeeper” of this Contest.
  2. ELIGIBILITY: Open only to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older as of date of entry, and have their own active Instagram account (“Your Instagram Account”) as of the date of entry and throughout the Contest Entry Period. Officers, directors, and employees of Wellness Pet LLC (the “Sponsor”), Don Jagoda Associates, Inc. (“Administrator”), and each of their respective affiliates, parents, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies (all such individuals and entities collectively referred to herein as the “Sponsor, Administrator and Related Parties”) and their immediate family members (defined as parents, siblings, spouses and children; whether biological, adopted, step or in-law) and/or those living in the same household (whether related or not) of each are not eligible to participate or win. Void where prohibited by law. Contest is subject to all applicable federal, state and local laws.
  3. HOW TO ENTER: At the start time of the Contest Entry Period, the Sponsor will publish post(s) announcing the Contest on the @wellnesspetfood Instagram account (the “Post”). Once you see the Post, you may enter the Contest on your web enabled mobile device using the Instagram application (the “Site”) by (i) following the instructions outlined in the Post to follow @wellnesspetfood (if you do not follow already); (ii) showing your best human and dog dental health routines or smiles by uploading one (1) photo; and (iii) tagging @wellnesspetfood and including the promotional hashtags: #chewoclock and #Contest (“Required Hashtags”) on the Post using Your Instagram Account.  Your photo, tag, and the Required Hashtags will collectively be referred to as your “Submission”.  Once you have followed @wellnesspetfood, uploaded one photo tagged @wellnesspetfood and included the Required Hashtags, you will receive one (1) Entry into the Contest (each, an “Entry”).  Limit one (1) Entry per person during the Contest Entry Period. Entries or Submissions in excess of that limit will not be considered. Creating an Instagram account is free but is subject to Instagram’s Terms of Use (https://help.instagram.com/581066165581870).  In order for your Entry to be valid, your Instagram profile must be public in order to be viewable by the Sponsor and its agents.   If you do not have an Instagram account, and you would like to create one for free, download the free Instagram app to your mobile device at either the Apple® App Store or the Google® Play store. Potential winner may be required to show proof of being the authorized account holder of the Instagram account associated with the Entry. The person uploading the Entry will be deemed the entrant (the “Entrant”). If there is a dispute as to the identity of an Entrant, the Entrant will be deemed the authorized account holder of the Instagram account submitted at the time of Entry. “Authorized account holder” of an Instagram account is defined as the person who is responsible for joining Instagram and who manages the e-mail address associated with the account. Any Entry not in compliance with the above and which does not meet the other requirements of these Official Rules may be disqualified as determined by Sponsor in its sole discretion. Entrants are subject to disqualification, if Sponsor or Administrator discovers that multiple accounts are used by the same person. As applicable, normal Internet/phone access and usage/data charges imposed by Entrants’ online/mobile service will apply. Entries made through any robotic, automatic, mechanical, programmed or similar Entry duplication method are ineligible and may be disqualified.  Sponsor reserves the right to disqualify any individual and all entries using such methods.
  4. Entry Requirements: The requirements in this section are referred to as the “Entry Requirements” and they apply to each Submission that an Entrant submits in the Contest. By posting a Submission and entering the Contest, you agree to waive any rights you may have to the Submission submitted. The Submission, or portion thereof, must not contain obscene, profane, lewd, defamatory or inappropriate content, or be disparaging to Sponsor, as determined in Sponsor’s sole discretion. Submissions must be in keeping with Sponsor’s image and may not be offensive, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s or entity’s personal or proprietary rights. Entrants may not copy or otherwise plagiarize the Submission from any source. All Submissions must be the sole, original work of the Entrants. Any Submission or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, defamatory, inappropriate, disparaging, offensive or contains any proprietary rights of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, as determined by Sponsor in its sole discretion, may be disqualified. Submissions should not contain any third-party materials (except for materials or intellectual property owned by Wellness Pets Company and authorized to be included in the Submission), or otherwise violate or infringe (or possibly infringe) any copyright, trademark, logo, mark that identifies a brand. Submissions may not contain the image of any minor without the explicit permission of his/her legal guardian.  All Submissions must include the Required Hashtags.  For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each Entrant hereby irrevocably grants to the Sponsor, and its successors, licensees and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, publicly display, stream, exploit, make derivative works of and otherwise use the Submission, in whole or in part, for any purpose, including without limitation commercial purposes, in any and all media now or hereafter devised throughout the universe in perpetuity. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each Entrant irrevocably waives any and all so-called “moral rights” they may have therein Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Entry Requirements or even it if it determined that the Entrant who made the Submission is ineligible to enter the Contest.
  5. RANDOM DRAWING/CONTEST JUDGING/PRIZE WINNER DETERMINATION: (a) One (1) random drawing will be conducted on or about two (2) business days following the conclusion of the Contest Entry Period to randomly select five hundred (500) entries to be judged. Random Drawing will be conducted by the Administrator, an independent judging organization, whose decisions in all matters relating to the drawings are final and binding on every Entrant. In the event less than five hundred (500) Entries are received, then all Entries will be judged. The odds of being selected for inclusion in the judging phase of the Contest will depend upon the number of eligible Entries received during the Contest Entry Period.  (b) The five hundred (500) Entries selected in the random drawing will be judged by a panel of qualified Administrator representatives (“Judges”) by March 17, 2023, based on the following criteria:

    • 40% – Uniqueness
    • 40% – Best Overall Concept
    • 20% – Photographic Quality

    The highest scoring Entry will be deemed the Grand Prize winner and the next four (4) highest scoring Entries will be deemed First Prize winners, subject to verification. In the event of a tie, Sponsor may award more than the designated number of prizes to accommodate all tied potential prize winning Entries. Decisions of the Sponsor and Judges are final and binding. Neither Sponsor nor Administrator will disclose judging scores.
  6. PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”): One (1) Grand Prize:  consisting of a year’s supply of Whimzees® by Wellness brushzees, one (1) five hundred dollars ($500) VISA gift card; one (1) custom toothbrush holder, one (1) WildOne treat bag, one (1) bag of Wellness Rewarding Life treats (Lamb & Salmon flavor) and one (1) bag of Old Mother Hubbard by Wellness Fresh Breath, Total ARV for Grand Prize: $1,200.  Four (4) First Prizes: each consisting of one (1) bag of Whimzees® by Wellness brushzees; one (1) fifty dollars ($50) VISA gift card; one (1) custom toothbrush holder, one (1) WildOne treat bag, one (1) bag of Wellness Rewarding Life treats (Lamb & Salmon flavor) and one (1) bag of Old Mother Hubbard Fresh Breath.  Total ARV for each First Prize: $150.  Total ARV for all prizes: $1,800.  Limit one (1) prize per person/household. All federal, state and/or local income and other taxes on their respective prizes are each winner’s sole responsibility. Allow 8 to 12 weeks from prize winner verification for delivery of prize.  Sponsor reserves the right, in its sole discretion, to substitute a prize (or portion of prize) with one of comparable or greater value should any prize become unavailable for any reason. Sponsor shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with any prize provided pursuant to the Contest and/or any person’s participation in the Contest. No more than the advertised number of prizes will be awarded. Prizes will be delivered only to addresses in the fifty (50) United States/DC. 
  7. WINNER NOTIFICATION/VERIFICATION: All prizes will be awarded provided a sufficient number of eligible Entries are received during the Contest Entry Period; in the event an insufficient number of eligible Entries are received during the Contest Entry Period, all prizes may not be awarded.  All potential winners are subject to verification of eligibility.  Potential winners will be notified via DM from @wellnesspetfood to their Instagram account provided on their Entry.  Potential First Prize winners will be asked to provide their first and last name, email address, size/age of pet, and date of birth within seventy-two (72) hours of notification attempt or prize may be forfeited and an alternate winner may be selected.   Potential Grand Prize winner will be required to digitally and securely sign and completed a Declaration of Compliance, Liability Waiver and Publicity Release (where legal) (collectively, “Declaration”) within ninety-six (96) hours after delivery of the Declaration to the Entrant who submitted the winning Entry.  If Sponsor is unable to reach the potential Prize winners via DM, email, Declaration or if a potential Prize winner does not want to accept the prize, he/she will be disqualified and an alternate potential winner will be selected from the next highest score received from the Judges. Return of any prize notification as undeliverable may result in disqualification and alternate selection (up to a maximum of three [3] alternates for each prize). Return of any prize as undeliverable may result in disqualification. All potential winners are subject to verification by Sponsor and/or Administrator, and verification of potential winners is final and binding in all matters related to the Contest. All Entries submitted become the sole property of the Sponsor. In no event will the Sponsor be obligated to award more than the stated number of prizes. Use of automated entry devices or programs is prohibited. The Sponsor and its agencies assume no responsibility for any injury or damage to Entrants or to any other person’s computer or web-enabled device relating to or resulting from entering or downloading materials or software in connection with the Contest.
  8. GENERAL: The Sponsor’s computer timestamp is the official timekeeper for purposes of this Contest. Prizes will be awarded only if the potential Prize winners fully comply with these Official Rules. Prizes are non-assignable and non-transferable.  Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning the prizes.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
  9. RELEASE / GENERAL: All Entrants as a condition of entry into the Contest, agree to release and hold harmless Sponsor, Administrator and Related Parties, Instagram, Inc., each of their respective agencies, parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development and execution of the Contest (collectively the “Released Parties”) from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with submitting an Entry or otherwise participating in any aspect of the Contest, the receipt, ownership or use or misuse of any prize awarded or any typographical or other error in these Official Rules or the announcement or offering of the prizes. Winners assume all liability for any injury or damage caused, or claimed to be caused by participation in the Contest or use or misuse or redemption of any prize. Acceptance of a prize constitutes permission to use winner’s name, likeness, social media handle, Entry and Submission for promotional purposes (including any possible public relations opportunities) without further compensation except where prohibited by law. By entering, Entrant accepts and agrees to be bound by these Official Rules. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Contest; violates these Official Rules; acts in an unsportsmanlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any other person. The Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in the Contest which may limit the ability to participate, or by any human error which may occur in the processing of the Entries in the Contest. Entries generated by script or bot are not eligible. Sponsor reserves the right to cancel, terminate or modify the Contest (each a “Contest Change”) if no Entries are received or if the Contest cannot be completed as planned for any reason, including but not limited to an unforeseen event (“Unforeseen Event”) such as infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or corruption of any sort, or force majeure event (including without limitation epidemic, pandemic, communicable, contagious, or infectious disease or public health quarantine that impacts the anticipated participation in the Contest). In such event, Sponsor may (a) cancel the Contest entirely, (b) award the Prize from eligible Entries received prior to the Unforeseen Event resulting in the Contest Change if sufficient eligible Entries have been received during the Contest Entry Period (as determined in Sponsor’s sole discretion), or (c) extend the Contest Entry Period to allow time for more eligible Entries to be received. It is understood that an Unforeseen Event must take place for the Contest Change to be effectuated by Sponsor and that such Contest Change is not simply at Sponsor’s option for any reason. All Entrants understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state, territory, or country that may be applicable with respect to the foregoing release are hereby expressly and forever waived. All participating Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASED PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
  10. GOVERNING LAW, JURISDICTION AND VENUE: SPONSOR IS REGISTERED UNDER THE LAWS OF THE UNITED STATES WITH HEADQUARTERS IN MASSACHUSETTS. THE MASSACHUSETTS COURTS (STATE & FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF MASSACHUSETTS SHALL GOVERN THE SAME. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND HEREBY IRREVOCABLY SUBMITS TO THE VENUE OF THOSE COURTS WITHIN MASSACHUSETTS.  Each Entrant agrees that: (i) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and (iii) under no circumstances will Entrant be permitted to obtain awards for and Entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
  11. ENTRANTS’ PERSONAL INFORMATION: Information collected from Entrants is subject to Sponsor’s Privacy Policy, located at https://www.wellnesspet.com/privacy-policy/
  12. ARBITRATION PROVISION: By participating in this Contest, each Entrant agrees: (i) that any and all disputes the Entrant may have with, or claims Entrant may have against, the Released Parties relating to, arising out of or connected in any way with (a) the Contest, and/or (b) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Massachusetts; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable Entrant may have entered into in connection with the Contest; (v) the arbitrator shall apply Massachusetts law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only Entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the Entrant or Sponsor; (viii) if the Entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of Entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Entrant nor Sponsor shall be entitled to arbitrate their dispute.  For more information on JAMS and/or the rules of JAMS, visit their website at jamsadr.com.
  13. WINNERS’ LIST: For the winners’ list, available after March 20, 2023, send a stamped, self-addressed envelope by March 1, 2023, to: Wellness Pet Dental HealthContest Winners, 100 Marcus Drive (Dept. DE), Melville, NY 11747.
  14. SPONSOR/ADMINISTRATOR: The Sponsor of the Contest is Wellness Pet, LLC, 200 Ames Pond Drive, Tewksbury, MA 01876. The Administrator of the Contest is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.