2. ELIGIBILITY: The Offer is open only to persons who:
- are legal residents of and living within the 50 United States or the District of Columbia,
- are at least 18 years old: and
- have a dog aged twelve (12) months or less.
Employees, directors, officers, and agents of Sponsor, MARS Advertising, Inc. d/b/a the Mars Agency, and each of their respective parent companies, divisions, dealers, affiliates, subsidiaries, advertising and promotional agencies and suppliers involved in the Offer (“Offer Entities”), as well as the members of each of their immediate families (spouse, parents, children, siblings, and in-laws) and persons residing in the same household as such individuals are not eligible to participate. Void where prohibited or restricted by law.
3. HOW TO PARTICIPATE: An eligible participant (“Participant”), must visit www.PuppyWise.co (the “Website”) and agree to become a member of the Program by entering the following information on the Website: his/her complete first and last names, street mailing address (no PO Boxes), city, state, ZIP Code, valid e-mail address, his/her dog’s name and dog’s birthday. He/she must then agree to become a Member of the Program and to these Official Terms and Conditions.
If the Participant is one of the first twenty-two thousand (22,000) Participants to become a Member of the Program, he/she will receive a PuppyWise™ Sample Box (the “Box”) which will contain a sample of Pedigree®, Greenies® and Cesar® products, discount coupons for a total of $10 off Sponsor products, and stickers. The approximate retail value (“ARV”) of the free samples in each Box is $6.86 and the total value of each all items in each Box is $16.86. The total ARV of all samples being given away is $150,920.
Limit one (1) Box per Participant. Allow 6-8 weeks for shipping of a Box. No substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute an item of equal or greater value in case of unavailability of a Box. All other costs and expenses not expressly set forth herein shall be solely the Participant’s responsibility. Boxes are not transferable or substitutable except that Sponsor may, in its sole discretion. All costs and expenses not included above, e.g., federal, state, or local taxes, are solely the responsibility of each Box recipient. Coupons provided with a Box are subject to additional terms and conditions set forth on such coupons. Sponsor has the right to disqualify a Participant at any time if he/she has not complied with these Official Terms and Conditions.
OFFER LIMITATIONS: Sponsor reserves the right to cancel, rescind, modify or extend this Offer at its sole discretion without notice. This Offer cannot be combined with any other Sponsor Offer. Each Participant shall be solely responsible for payment of any and all applicable federal, state, and local taxes relating to the offer. All other costs and expenses not expressly set forth herein shall be solely the Participant’s responsibility.
4. RELEASE: By participation in the Offer, a Participant recipient releases the officers, directors and employees of the Offer Entities and their respective parent companies, subsidiaries, affiliates, divisions, dealers, distributors, suppliers, advertising/Offer/web design agencies, and all other individuals or entities involved in the creation, administration, or fulfillment of this Offer, from and against any and all liability and claims or causes of action, including, but not limited to, personal injury, death, or damage to or loss of property with respect to all aspects of this Offer, arising out of participation in this Offer.
6. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY OFFER RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE OFFER IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute as to the identity of a Box recipient based on an e-mail address, the Box recipient will be declared made by the authorized account holder of the e-mail address submitted at time that the subscription. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
OFFER ENTITIES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AS REGARDS A BOX OR ANY COMPONENT OF A BOX. IN NO EVENT SHALL OFFER ENTITIES BE LIABLE FOR DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES. PARTICIPANTS SHOULD CHECK THEIR LOCAL LAWS TO LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS APPLY TO THEM.
7. DISPUTES: All federal, state and local laws and regulations apply. Issues concerning the construction, validity, interpretation and enforceability of these Official Terms and Conditions shall be governed by the laws of the State of Tennessee. All disputes arising out of or connected with this Offer will be resolved individually, and without resort to class action, exclusively by the United States District Court for the Eastern District of Tennessee or the appropriate Tennessee State Court located in Williamson County, Tennessee. Should there be a conflict between the laws of the State of Tennessee and any other laws, the conflict will be resolved in favor of the laws of the State of Tennessee. All judgments or awards shall be limited to actual incurred out-of-pocket expenses (excluding attorneys' fees) associated with participation in this Offer and shall not include any indirect, punitive, incidental and/or consequential damages.
8. PUBLICITY RIGHTS: By participating in the Offer, a Participant agrees to allow Sponsor and/or Sponsor's designees the perpetual right to use his/her name, biographical information, photos, videos and/or likeness, and statements for promotional, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
10. GENERAL: By participating in the Offer, participants agree to these Official Terms and Conditions and the decisions of Sponsor that are final and binding in all matters and all respects relating to this Offer. This Offer is void outside of the 50 United States/District of Columbia and wherever restricted or prohibited by law.
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