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Official Rules The Freebies4Mom & Purina #MyEverydayChamp Twitter Party Sweepstakes

by Freebies4Mom on January 1, 2016 7:55 am

The Freebies4Mom & Purina #MyEverydayChamp Twitter Party Sweepstakes

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE.

A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF

WINNING.

OPEN ONLY TO LEGAL U.S. RESIDENTS, RESIDING IN THE 50 UNITED STATES

AND DISTRICT OF COLUMBIA, WHO ARE 18 OR OLDER AS OF DATE OF ENTRY.

INTERNET ACCESS AND TWITTER ACCOUNT ARE REQUIRED.

THE POTENTIAL WINNERS WILL BE NOTIFIED BY A PUBLIC MENTION ON

TWITTER AND ARE REQUIRED TO RESPOND TO INITIAL PRIZE NOTIFICATION

FROM THE HOST BY REPLYING TO THE DIRECT MESSAGE OR MENTION FROM

THE HOST WITHIN FIVE (5) MINUTES. EACH WINNER MAY ALSO BE REQUIRED

TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS AND RETURN THEM WITHIN

SEVEN (7) DAYS FROM DATE OF ISSUANCE OF NOTIFICATION, AS MORE FULLY

DETAILED BELOW.

BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A

CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT

LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR,

THE ADMINISTRATOR, THE HOSTS (DEFINED BELOW), PETCO AND TWITTER

FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. THIS

CONTRACT ALSO REQUIRES YOU TO RESOLVE ANY DISPUTE THROUGH

BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO

PARTICIPATE IN A CLASS­ACTION LAWSUIT OR CLASS­WIDE ARBITRATION.

The Freebies4Mom & Purina #MyEverydayChamp Twitter Party Sweepstakes (the

“Sweepstakes”) is sponsored by Nestlé Purina PetCare Company (“Sponsor”) and hosted by

Lunchbox (the “Administrator”) as well as Heather @Freebies4Mom from Freebies4Mom

http://freebies4mom.com and her cohosts @lomargie and @thesimpleparent (“Hosts”).

1. Sweepstakes Period​: The Sweepstakes begins at 11:00 a.m. Central Time (“CT”) on

Wednesday, March 23, 2016 and ends at 12:00 p.m. “Noon” CT on Wednesday, March

23, 2016 (the “Sweepstakes Period”). The Administrator’s clock will be the official

timekeeping device for the Sweepstakes.

2. Eligibility​: Open only to legal residents of any one (1) of the fifty (50) United States and

the District of Columbia, who are eighteen (18) years of age or older at the time of entry.

If a participant is eligible in his or her state of residence to enter as a minor, his or her

parent or legal guardian agrees to these Official Rules along with and on behalf of the

minor child. All rights and responsibilities of the minor under the Official Rules are

conferred and assumed respectively by the minor’s parent or legal guardian in

representation of the minor. Employees, officers and directors of Sponsor, Administrator,

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Hosts, Petco, their respective affiliates, parents, subsidiaries, divisions, and advertising,

promotional and judging agencies, and each of their respective immediate family

members (spouses, parents, children, and siblings and each of their spouses) and/or those

living in the same household of each are not eligible to participate or win. All federal,

state and local taxes are the sole responsibility of winner. Void where prohibited by law.

Subject to all federal, state and local laws.

3. How To Enter​: To enter, each participant (“Participant”) must RSVP to the party on the

Freebies4Mom blog by visiting http://freebies4mom.com/, navigating to the

#MyEverydayChamp Twitter Party post, and entering their name, Twitter URL and email

into the widget on the page to receive one (1) entry (the “Entry”) into the Sweepstakes.

During the Sweepstakes Period, @Freebies4Mom, @lomargie and @thesimpleparent

will tweet about your pets, pet tricks, and pet food. To participate, a Participant must

become a @Freebies4Mom, @lomargie and @thesimpleparent follower on Twitter (if

not one already) and accept @Freebies4Mom, @lomargie and @thesimpleparent tweets

and direct messages, then join the conversation by tweeting and including the hashtag

#MyEverydayChamp (the “Tweet.”) The limit on the entire Tweet submission is 140

characters, including the hashtag. If Participant is a first time visitor to Twitter,

Participant will be prompted to complete the on­screen registration form which is free.

Registration is a one­time requirement. If Participant is a returning visitor, Participant

will be prompted to log­in using Participant’s e­mail address.

One Entry per person.​Any Tweet or portion thereof that is, in the Sponsor’s sole

discretion, inconsistent with Sponsor’s image, offensive, obscene, profane, lewd,

defamatory, contains any proper names, third party materials, or otherwise violates or

infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand

(other than Purina or Petco) or other proprietary right 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, will not be accepted and may disqualify the

Participant from further participation in the Sweepstakes.

All Entries must be completed and submitted by “Noon” CT on Wednesday, March 23,

2016. Normal Internet access and usage charges imposed by Participants’ online service

provider will apply.

All Participants must have a valid email address. All Entries become the sole and

exclusive property of the Sponsor and receipt of entries will not be acknowledged or

returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid,

unintelligible, postage­due, misdirected, technically corrupted or garbled entries, which

will be disqualified, or for problems of any kind whether mechanical, human or

electronic. Only fully completed Entries forms are eligible. Proof of submission of Entry

will not be deemed to be proof of receipt by Sponsor.

4. Sweepstakes Random Drawing/Odds and Winner Notification:​During the

Sweepstakes Period, the Hosts will select an Entry in a random drawing and check the

listed Twitter URL to verify the entrant is a Participant in the Twitter Chat and has

tweeted with the hashtag #MyEverydayChamp. Five (5) Winners will be selected at

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various times throughout the Sweepstakes Period from among all Entries received at that

time. The odds of winning a Sweepstakes Prize depends on the number of eligible Entries

received. The random drawing will be conducted by the Hosts, whose decisions are final

on all matters relating to the Sweepstakes. Winners will be notified via a public

@mention on Twitter and will be required to respond to the initial prize notification by

replying to the Host’s @mention or Direct Message within five (5) minutes or the prize

will be forfeited and a new winner may be chosen. Unclaimed Prizes may go unawarded.

5. Prizes and Approximate Retail Values​(“ARVs”): Grand Prize (5)​:​A $50 Petco gift

card (ARV $50)

Total ARV of all prizes offered is ~$250. Gift cards subject to restrictions and expiration

dates may apply. All prize components are subject to availability. Limit one (1) Prize per

person. No substitution or transfer of prize permitted except at the sole discretion of the

Sponsor who reserves the right to substitute a prize of equal or greater value in the event

the prize (or portion of prize) is unavailable. Please allow 6­8 weeks for prizes to be

delivered.

6. Release:​Prize Winners and all Entrants, as a condition of entry into the Sweepstakes,

agree to release Sponsor, Administrator, Hosts, Twitter, Petco, and each of their

respective agencies, parents, subsidiaries, affiliated companies and each of their

respective officers, directors, shareholders, members, employees, agents, assigns, and all

others associated with the development and execution of this Sweepstakes (collectively

the “Released Parties”) from and against any and all liability, claims or actions of any

kind whatsoever for any bodily injury, loss or damages of any kind to persons, including

death, and property, due in whole or in part, directly or indirectly, from Entry creation,

the acceptance, possession, use or misuse of any prize, if applicable or participation in the

Sweepstakes or participation in any Sweepstakes or related activity, or the receipt,

ownership or use of prize awarded or any typographical or other error in these Official

Rules or the announcement or offering of any prize. Acceptance of prize constitutes

permission for the Released Parties to use winner’s name and likeness for promotional

purposes (including any possible public relations opportunities) without further

compensation except where prohibited by law. By participating in the Sweepstakes,

entrants agree to be bound by the Official Rules and the decisions of the judges, which

are final and binding in all respects. You hereby represent and warrant that you have read

these Official Rules and are fully familiar with its contents. Entries generated by script or

bot are not eligible. As a condition of entering the Sweepstakes, Entrant agrees that: 1)

under no circumstance will Entrant be permitted to obtain awards for, and participant

hereby waives all rights to claim, punitive, incidental, consequential or any other

damages, other than for out­of­pocket expenses; 2) all causes of action arising out of or

connected with this Sweepstakes, or any prize awarded, shall be resolved individually,

without resort to any form of class action; and 3) any and all claims, judgments, and

award shall be limited to actual out­of­pocket costs incurred, but in no event attorneys’

fees.

7. DISPUTES, ARBITRATION:​THE SWEEPSTAKES IS GOVERNED BY, AND

WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE

STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAW

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PRINCIPLES. THE REMEDY FOR ANY CLAIM BROUGHT BY AN ENTRANT

IN THIS SWEEPSTAKES SHALL BE LIMITED TO ACTUAL

OUT­OF­POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10 US),

AND IN NO EVENT SHALL ENTRANT BE ENTITLED TO RECOVER

PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES,

INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF

BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK

INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

Except where prohibited by law, any and all disputes, claims, and causes of action

between an Entrant and any Released Party arising out of or connected with this

Sweepstakes or any Prize awarded, or the determination of a Prize Winner, must be

resolved individually, without resort to any form of class action or class­wide arbitration.

Except for disputes where a Released Party is seeking a preliminary injunction, any and

all disputes and claims relating to this Sweepstakes must be resolved by submission to

individual arbitration under the Commercial Arbitration Rules of the American

Arbitration Association and, by entering the Sweepstakes, all Entrants expressly waive

the right to trial by jury. The arbitration must be conducted in Los Angeles County,

California, in the English language, and before three arbitrators appointed in accordance

with the Commercial Arbitration Rules. Each party agrees to and will pay one­half of the

costs of the arbitration, and Entrant will be responsible for his or her own attorney’s fees.

Judgment on the award rendered by the arbitrators may be entered in any court having

jurisdiction thereof. Any provision of applicable law notwithstanding, the arbitrators will

not have authority to award punitive, exemplary, consequential or incidental damages.

Any dispute, claims, and arbitration proceedings must at all times be kept confidential,

except to the extent necessary to enforce or collect the arbitration award or except as the

parties agree in writing. Each Entrant agrees that any action at law or in equity relating to

the arbitration provision of these Official Rules must be filed only in the state or federal

courts located in Los Angeles County, California, and hereby consents and submits to the

personal jurisdiction of such courts for the purposes of litigating any such action.

8. Additional Terms​: Limitations​: Proof of sending or submission will not be deemed to

be proof of receipt by Sponsor. Any attempted form of entry other than as set forth in

Section 3 above is prohibited; no automatic, programmed; robotic or similar means of

entry are permitted. Use of any automatic means to enter the Sweepstakes is prohibited.

Any attempt by any Participants to obtain more than the stated number of entries by using

multiple/different email addresses, Twitter accounts, identities, registrations and logins,

or any other methods will void such entries and that Participant may be disqualified.

Normal Internet access and usage charges imposed by Participants’ online service may

apply. If Participant makes or receives “Tweets” on Participant’s mobile phone, standard

data usage or messaging rates will apply. In order to participate in the Sweepstakes

without receiving “Tweets” on Participant’s mobile phone, Participant must deactivate

Participant’s mobile phone from Participant’s Twitter account. In the event of a dispute as

to any Participant, the authorized account holder of the email address used to register

with Twitter will be deemed to be the Participant. Potential winner may be required to

show proof of being the authorized account holder of the email address/Twitter account

associated with the entry. Proof of entering information via the entry site does not

constitute proof of delivery or receipt of such information. Sponsor and/or its agencies

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are not responsible for the failure of any Tweet to be received by Sponsor including

without limitation, whether or not on account of technical problems or congestion on the

Internet or at the entry site. The 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 Sweepstakes; violates the Official Rules; or acts in an unsportsmanlike or

disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.

Any attempt by any person to deliberately undermine the legitimate operation of the

Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be

made, Sponsor reserves the right to seek damages from any such person to the fullest

extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules

shall not constitute a waiver of that provision. If, for any reason, the Sweepstakes is not

capable of running as planned, including infection by computer virus, bugs, tampering,

unauthorized intervention, fraud, technical failures, or any other causes beyond the

control of the Sponsor, including but not limited to, a change in Twitter’s Terms of Use,

which corrupt or affect the administration, security, fairness, integrity or proper conduct

of the Sweepstakes, then the Sponsor reserves the right at its sole discretion to cancel the

Sweepstakes. In such case, Sponsor will select the winners from all eligible entries

received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor, its

affiliates, partners and promotion and advertising agencies are not responsible for

technical, hardware, software, telephone or other communications malfunctions, errors or

failures of any kind, lost or unavailable network connections, web site, Internet, or ISP

availability, unauthorized human intervention, traffic congestion, incomplete or

inaccurate capture of entry information (regardless of cause) or failed, incomplete,

garbled, jumbled or delayed computer transmissions which may limit one’s ability to

enter the Sweepstakes, including any injury or damage to participant’s or any other

person’s computer relating to or resulting from participating in this Sweepstakes or

downloading any materials in this Sweepstakes. Sponsor reserves the right, at its sole

discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with

the entry process or the operation of the Sweepstakes or web site. Sponsor may prohibit

an entrant from participating in the Sweepstakes or winning a prize if, in its sole

discretion, it determines that said entrant 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 representatives.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE

ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE

SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND

SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE

RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST

EXTENT PERMITTED BY LAW.

9. Use of Data:​Information collected from entrants is subject to the Sponsor’s Privacy

Policy https://www.purina.com/privacy­policy.

10. Winners List​: For the names of the Prize winners, available after 4/4/16, send a stamped,

self­addressed envelope by 7/4/16, to: The Freebies4Mom & Purina

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#MyEverydayChamp Twitter Party Sweepstakes Winners List, 2920 S Sepulveda Blvd

Los Angeles, CA 90064.

11. Sponsor/Administrator​: The Sponsor of the Sweepstakes is Nestlé Purina PetCare

Company, PO Box 1326, Wilkes­Barre PA 18703. The Administrator of the Sweepstakes

is Lunchbox LLC, 2920 S Sepulveda Blvd Los Angeles, CA 90064.

Entrants specifically release Sponsor, Administrator, Hosts, Petco and Twitter from any and all

liability associated with this Sweepstakes and/or acceptance, use or misuse of the Prize.

Twitter is not a sponsor of this Sweepstakes and is not involved in any way other than as the

medium through which this Sweepstakes is conducted.

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