Official Rules and Regulations
NO PURCHASE NECESSARY TO ENTER OR TO WIN. ENTRIES ARE OPEN TO ALL RESIDENTS OF THE UNITED STATES.
SPONSOR: SmartPak Equine 40 Grissom Road Suite 500 Plymouth, MA 02360. “Sponsor and its agents" shall mean SmartPak Equine, its advertising/promotional and/or fulfillment agencies and their respective parent companies, affiliates, subsidiaries and their respective employees, officers, directors and agents. Sweepstakes Administrator shall mean: SmartPak Equine 40 Grissom Road Suite 500 Plymouth, MA 02360.
ELIGIBILITY: This Sweepstakes is open to those who are eighteen (18) years of age or older as of August 01, 2010. Void in Puerto Rico, and wherever prohibited or restricted by law. Subject to all applicable federal, state and local laws. Employees and agents of SmartPak Equine, and each of their respective parent companies, affiliates, subsidiaries, divisions, and advertising and promotional agencies and their respective officers, directors and agents (collectively, the “Sweepstakes Entities") and the immediate family members and persons living in the same household of each are not eligible.
HOW TO ENTER: This Sweepstakes begins immediately, and ends when Sponsor reaches the milestone of 250,000,000 supplement served. SmartPak Equine, LLC customers with an auto-ship SmartPak system continuity order that was initiated on or before the day that the 250,000,000 millionth supplement is served are automatically entered into the Sweepstakes. To enter without purchase, mail a postcard with your name, address, phone number and email address to: SmartPak Equine - 250 Million Supplements Served Contest, 40 Grissom Road Suite 500, Plymouth, MA 02360. Entries must be received by the date that the 250 millionth supplement is served. One entry per person ("Entrant"). Mailed submissions without purchase have the same odds of winning as other methods of entry. If more than one entry is submitted, only the first such entry submitted will be accepted. Any attempt by a participant to obtain more than the allowable entries by using multiple/different e-mail addresses, identities or any other methods will void all of that participant’s entries. No mechanically reproduced entries permitted. Sponsor will not verify receipt of entries. By entering, Entrants agree to comply with these Official Rules including all eligibility requirements. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Sponsor and its agents are not responsible for lost, late, or misdirected entries, for technical, hardware or software failures of any kind, for lost or unavailable network connections, or for failed, incomplete, garbled or delayed computer transmissions or any human error which may occur in the receipt or processing of the entries. Proof of entering information at website does not constitute proof of delivery or receipt. Sponsor reserves the right to modify the scheduling of the Sweepstakes without prior notification. Use of computer programs, macro, programmed, robotic, automatic and other similar means to enter the Sweepstakes is prohibited and may result in the disqualification of the entrant. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the person in whose name the e-mail account is registered on the date the entry is submitted. All entries become the sole property of the Sponsor and will not be acknowledged or returned.
WINNERS SELECTION AND NOTIFICATION: Three winners will be randomly drawn selected from the pool of entrants (comprised of customers with an existing continuity/auto-ship SmartPak and mailed entries) by Sponsor or its designee. The Sweepstakes decisions are final and binding on all matters relating to the Sweepstakes ("Potential Winners"). Provided that the Potential Winner has complied with these Official Rules and meets all of the eligibility requirements set forth herein Sponsor shall declare the Potential Winners the winners ("Winners").
PRIZES AND ODDS OF WINNING:
Prizes: One year's worth of supplements in SmartPaks for one horse (not to exceed $75/month)
Odds: Odds of winning depend on the number of eligible entries received.
PRIZE CONDITIONS: Selection and specifics of the Prize will be determined in the Sponsor’s sole discretion. No cash redemption or prize substitution allowed, except by the Sponsor, who reserves the right in its sole discretion to substitute cash value or another prize it believes is of equal or greater value. Prize is non-transferable. Odds of winning depend on the number of eligible entries received. Each Entry will have an equal chance of winning. The Prize will be awarded. The Prize is awarded “AS IS" and without WARRANTY OF ANY KIND, express or implied (including without limitation, any implied warranty of merchantability or fitness for a particular purpose).
TAXES AND COSTS RELATED TO THE PRIZES: All applicable taxes, including all federal, state, local and other taxes and any license, destination and delivery charges are the sole responsibility of Winner. Winner may be issued a 1099 tax form for the ARV of the Prize.
GENERAL CONDITIONS: By participating in this Sweepstakes, participants agree: (a) to be bound by these Official Rules, (b) to release and hold harmless Sponsor and the Sweepstakes Entities and their respective agents from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, or related to their participation in the Sweepstakes and/or their participation in any Prize-related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)); and (c) to be contacted by Sponsor via e-mail and telephone. By accepting the Prize, Winner consents to the use of the Winner’s name and/or likeness (including his/her voice, biographical information, city and state of residence, statements, photograph) for advertising and promotional purposes without additional compensation (except if Winner is a resident of TN or where prohibited by law).
INTERNET: If for any reason the Sweepstakes is not capable of running as planned, including infection due to computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right to disqualify any individual it finds who tampers with the entry process, operation of the Sweepstakes or web site, and to cancel, terminate, modify, or suspend the Sweepstakes without notice and to select the winner from all eligible Entries received prior to the cancellation or termination. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, problems or technical malfunctions of any computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or Entry to be received by Sponsor on account of human error, technical problems or traffic congestion on the Internet or at any Web site, theft or destruction, or unauthorized access to, or tampering with or hacking of website, any combination thereof, or otherwise, including any injury or damage to any entrant’s or any other person’s computer related to or resulting from participation in the Sweepstakes.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS 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.
DISPUTES: Each entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court in Plymouth, Massachusetts; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys fees and (3) 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and the Sponsor in connection with this Sweepstakes shall be governed by, and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules or provisions (whether of the Commonwealth of Massachusetts or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than those of the State of Massachusetts.
WINNER’S LIST: For a winners list visit Facebook.com/SmartPakEquine once we hit 250,000,000 supplement served.
