FOUNDATION FOR FELINE RENAL RESEARCH (FFRR)
FELINE KIDNEY MONTH™ 2019 SWEEPSTAKES.
OFFICIAL RULES
FELINE KIDNEY MONTH™ 2019 SWEEPSTAKES.
OFFICIAL RULES
By law, this chance to win a prize by helping to raise awareness of Feline CKD, is classified as a “sweepstakes”, and will abide by all laws applicable to sweepstakes.
No purchase, payment or donation is necessary to enter or win a prize. A purchase payment or donation of any kind will not increase your chances of winning.
Odds of winning are dependent upon the number of eligible entries received. Void where prohibited by law. Affidavit of eligibility/release of liability/prize acceptance agreement will be required. All disputes will be resolved solely by binding arbitration and entrants waive the ability to bring claims in a class action format.
This sweepstakes is in no way sponsored, endorsed, administered by, or associated with Twitter, Facebook, Instagram, or any person or entity other than Foundation For Feline Renal Research (FFRR).
Void where prohibited by law.
I. ENTRY PERIOD
The entry period for the Sweepstakes (The Sweepstakes Period) begins Tuesday, March 19, 2019 12:00:01 a.m. USA Eastern Standard Time (EST) and ends at 11:59:59 p.m. EST on Thursday, March 28, 2019. Any attempted form of entry into the Sweepstakes other than as described herein is void.
II. ELIGIBILITY
The Sweepstakes is open only to individuals who meet the following criteria at the time and date of entry:
You must be at least eighteen (18) years of age (or the age of majority in your jurisdiction of residence, if that age of majority is older than 18 years);
We appreciate the support for the cause that we receive from around the world. However, due to the complexities of various laws, we regret that we are not permitted to select a winner from the following countries: Belgium, Canada, Chile, China, Columbia, France, Ireland, Italy, Portugal, Singapore, South Korea, Sweden, Thailand, United Arab Emirates.
You must reside in a country and at an address that is accessible by the U.S. Postal Service.
Void where prohibited by law.
FFRR, and any of FFRR’s Directors, Officers, Agents, Employees, Affiliates Volunteers, Independent Contractors, Representatives, and Agencies or any entity or individual who has been granted funds from FFRR and their respective Directors, Officers, Agents, Employees, Affiliates, Volunteers, Independent Contractors, Representatives and Agencies (collectively, FFRR and affiliates) are not eligible to participate in the Sweepstakes and/or win a Prize (as defined below). Additionally, immediate family members of any such persons and persons living in the same household as such persons (whether related or not) are not eligible to win. For the purposes of this Sweepstakes, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, or siblings, and their spouses, and “persons living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not. The contest is limited to individuals, and to nonprofits in the field of animal rescue and rehabilitation. No corporations, or organizations that do work other than nonprofits, as outlined above, are eligible.
By entering this Sweepstakes, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects and cannot be challenged or appealed.
If a potential winner is selected and determined not eligible then they will forfeit the entire Prize and will not be eligible to receive any alternate compensation. Should the Prize be forfeited, Sponsor may, at Sponsor’s sole discretion, choose another winner.
III. HOW TO ENTER:
Entries received before and/or after the Sweepstakes Period will be void. All entries become the sole property of Sponsor and will not be acknowledged or returned.
Sponsor’s computer will serve as the official timepiece for the Sweepstakes.
To Enter:
If the potential Entrant meets the eligibility criteria set forth above, the you may enter via a post on Twitter, Facebook and/or Instagram, coupled with filling out a brief entry form:
On Twitter:
Between March 19, 2019 and March 28, 2019:
1. Tweet about why the battle against Feline CKD matters to you, use #LetsCureFelineCKD, and mention us @FelineRenalRsch.
2. Fill out the entry form here.
On Facebook:
Between March 19, 2019 and March 28, 2019:
1. Comment on the post that is pinned to our Facebook page (not a shared version, the post that is actually on the page), to tell everyone why the battle against Feline CKD matters to you, and use #LetsCureFelineCKD.
2. Fill out the entry form here.
On Instagram:
Between March 19, 2019 and March 28, 2019:
1. Post to tell everyone why the battle against Feline CKD matters to you, use #LetsCureFelineCKD, and mention us @FelineRenalResearch.
2. Fill out the form here.
You may have a maximum of three (3) entries, one for Twitter, one for Facebook, and one for Instagram.
Anyone using multiple Twitter accounts, Facebook accounts and/or Instagram accounts will be found ineligible.
Please do not post duplicate tweets, posts, updates, or links. Posting duplicate, or near duplicate, tweets, updates or links is a violation of the Twitter Rules. By submitting any information via Twitter, Entrant agrees to the Twitter terms of service and privacy notice located at: https://twitter.com/tos. In order for your tweet on Twitter to be valid for entry, during the Sweepstakes Period and for thirty (30) days thereafter, Entrant’s Twitter profile must be public and thus viewable by the Sponsor and its agents. If Entrant does not have a Twitter account, and would like to create one for free, visit Twitter.com or download the app in the Apple App Store or the Google Play Store and follow the instructions to set up an account. All posts to Twitter must comply with the applicable Terms of Service and may not contain obscene, lewd, derogatory, infringing, illegal, or inappropriate content, or otherwise violate these Official Rules, as determined by Sponsor in their sole and absolute discretion.
Multiple participants are not permitted to share the same mobile phone, email account, or Twitter account. Posting duplicate, or near duplicate, updates or links is a violation of the Twitter Rules. By participating, Entrants are confirming their acceptance and agreement to these Official Rules.
By submitting any information via Facebook, Entrant agrees to the Facebook terms of service and privacy notice located at: https://www.facebook.com/terms.php
By submitting any information via Instagram, Entrant agrees to the Instagram terms of service and privacy notice located at: https://help.instagram.com/478745558852511
A maximum of three total entries per Entrant during the Sweepstakes Period, as detailed in these Official Rules, will be accepted. Any attempt(s) made by the same individual to submit more than the permitted entries by using multiple emails/mobile numbers, false contact information, accounts or otherwise will result in the Entrant being disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and will be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive, off-topic, containing promotions or spam, or otherwise disparaging, not in keeping with the standards and/or dignity or image of FFRR and/or not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. Entries submitted by Entrants who do not meet the eligibility requirements (including but not limited to all requirements with respect to age and residence) are void. All materials submitted become the physical property of Sponsor and will not be returned. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the registered account holder of the email address associated with the entry or social media account for the domain associated with the submitted address provided that person is eligible. Winners may be required to show proof of being the registered account holder. Registered account holder is defined as the person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules and/or other instructions of Sponsor may be disqualified. The Sweepstakes Entities may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other.
GENERAL CONDITIONS OF ENTRY:
All Entrants, as a condition of entry, agree that they have not been required to purchase any kind of Internet, wireless, or data service whatsoever in order to participate in and/or enter the Sweepstakes. The Sweepstakes Entities are not responsible for the actions of Entrants in connection with the Sweepstakes, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined in the sole and absolute discretion of Sponsor, may result in immediate disqualification of the Entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING ANY SOCIAL MEDIA PLATFORM OR APPLICATION) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, in its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral, or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
Entrant further understands and agrees that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release(s) are hereby expressly and forever waived. Entrant acknowledges that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR 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.” The releases hereunder 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.
WINNER SELECTION PROCESS:
Sponsor will conduct a random drawing on or about March 30, 2019, from among all eligible entries received during the applicable Sweepstakes Period, to determine the Prize winners.
All potential Prizewinners are subject to verification.
Should the Prize be forfeited, Sponsor may, at Sponsor’s sole discretion, choose another winner.
Prizes are assigned randomly, and substitutions are not permitted. If a potential Prizewinner is found ineligible or fails to comply with these Official Rules, that individual’s claim to a prize is forfeited and an alternate qualifying and eligible Entrant may be selected, at Sponsor’s sole discretion. Additionally, Sponsor reserves the right to conduct background checks on the potential winner and the potential Prizewinner’s companion, as a condition to receipt of the prize. Prizewinner must first submit to such background check and cooperate with Sponsor in any way that Sponsor requests in order to be eligible to receive the prize. Sponsor reserves the right, in its sole discretion, to disqualify any Prizewinner and/or Prizewinner’s companion based on such background check if Sponsor determines, in its sole discretion, the background check reveals information that is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (which may be determined at Sponsor’s sole and absolute discretion).
All prizes legitimately claimed will be awarded.
PRIZE WINNERS:
There will be nine (9) winners. Each winner will receive one of three prizes: Either one original “Cat Amazing” single level, food puzzle toy; or one autographed copy of the book “Cat Wise”, signed by the author Pam Johnson-Bennett or one (1) packet of Purrfect Play organic cotton Dust Bunnies toys. In the very unlikely event that, due to circumstances beyond the control of FFRR or the prize donors the named prized become unavailable, we reserve the right to provide a similar prize.
The approximate total retail value of all nine prizes combined is $200.00
All Prizewinners will be required to review and execute further contracts and releases provided by Sponsor in order to receive the applicable prize.
PRIZEWINNER NOTIFICATION PROCESS:
Potential winners will be notified in a commercially reasonable time after random drawing. The potential winner(s) will be notified via email and may also be notified on the social media platform via which they have entered, and may be announced on Twitter, Facebook, Instagram, FFRR’s website and/or FFRR’s newsletter. It is the entrants responsibility to make sure that they have the privacy settings on their social media accounts set so that FFRR may contact them to let them know that they have been selected for a prized. Inability to contact the potential winner will result in another winner being selected. Once selected and contacted, the potential winner(s) must respond within twenty-four (24) hours and in accordance with the instructions in the notification or the prize may, in FFRR’s sole discretion, be forfeited and given to another winer. FFRR is not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending notice of selection via email. Some prizes may not be deliverable to a P.O. Box, and so, use of a P.O. Box for prize delivery is discouraged. A potential prize winner who provides a P.O. Box may be required to provide an alternative physical address and this may cause a delay in prize being received. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, insufficient space in Entrant’s email account to receive email messages, or any limitations associated with receipt of text messages.
Each potential winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive his or her prize(s). If any potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate winner may be selected. Non-compliance shall result in disqualification and award of the prize(s) to an alternate winner.. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules and all other additional or supplemental rules or instructions, or if the potential prize winner cannot participate in any portion of sweepstakes, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.
ADDITIONAL PRIZE INFORMATION:
Sponsor reserves the right to conduct a background check on any Prizewinner as a condition of awarding a Prize.
In the event a prize winner is found to have engaged in behavior that, as determined by FFRR is obnoxious, inappropriate, threatening, illegal, undignified, incompatible with FFRR’s image, or that is intended to annoy, abuse, threaten or harass any other person, FFRR reserves the right to disqualify such individual.
FFRR is not responsible for prizes that are lost during shipping. Sponsor shall not be required to replace any lost prize.
There is no substitution for any Prize or any portion thereof and no compensation will be given for any prize that is unclaimed or not timely claimed. The prize is not transferable, assignable or redeemable for cash. All Prize details are at FFRR’s sole discretion.
Prizewinner is solely responsible for the reporting and payment of any and all federal, state and local taxes as well as any other costs and expenses associated with acceptance and use of a Prize. Prizewinner may be issued an IRS Form 1099 Misc based on the ARV of the Prize awarded. Sponsor reserves the right, but is not required, to substitute a cash payment of equal value for any aspect of the prize. Terms and conditions of prize elements may apply.
PRIVACY STATEMENT:
Entrant’s personal information will be utilized by the Sponsor for fulfillment of Sweepstakes prize and to comply with legal requirements. To review Sponsor’s Privacy Policy, go to http://www.foundationforfelinerenalresearch.org/policies.html. By entering this Sweepstakes, Entrants accept and agree to abide by all Sponsor policies and terms.
OWNERSHIP AND LICENSE:
All Sweepstakes related materials, including submission entries (“Submission”) becomes the property of the Sponsor and will not be acknowledged or returned. The copyright in any Submission shall remain the property of the Entrant, but entry into this Sweepstakes constitutes Entrant’s irrevocable and perpetual permission and consent, without further compensation, right to review, or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, make derivative works of, or display such Submission for any purpose, including, but not limited to, editorial, advertising, trade, commercial, and publicity purposes by the Sponsor and/or others authorized by the Sponsor, in any and all media now in existence or hereafter invented, throughout the universe, for the duration or the copyright in the Submission. Sponsor and/or others authorized by the Sponsor shall have the right to use, distribute, perform, display, print, publish, transmit, make derivative works of, edit, adapt, and modify the Submission. All Entrants submitting materials/content as part of the Sweepstakes will be non-exclusively licensing (with the unlimited right to sublicense) to Sweepstakes Entities the right to use Entrant’s name, social media account username and likeness, for any purpose (including any and all commercial purposes). Entrants represent and warrant that the materials submitted will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third-party liability or obligations. Any Entrant posting or submitting content with obscene or other inappropriate material may be disqualified by Sponsor, in its sole and absolute discretion.
Any use of any of the Sweepstakes Entities trademarks or copyright interest for any purpose not authorized by Sweepstakes Entities is strictly prohibited and may subject Entrant to civil and/or criminal liability.
PUBLICITY GRANT:
Subject to applicable law, Prizewinners irrevocably grant the Sweepstakes Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any compensation, obligation, notice or consideration except for the awarding of the prize(s) to the winners.
NO WARRANTIES:
ALL PRIZES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” SWEEPSTAKES ENTITIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OR ENJOYMENT OF ANY PRIZE, OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY AND ALL WARRANTIES FOR A PRIZE, OR ANY PORTION THEREOF, ARE CONTAINED IN THE MANUFACTURERS’ OR SERVICE PROVIDERS’ WARRANTIES, AS RELEVANT.
All trademarks are the property of their respective owners. The use of certain companies’ products and services as prizes does not imply participation in, approval of, or endorsement of this Sweepstakes by such companies.
RELEASE, HOLD HARMLESS AND INDEMNIFICATION:
BY ENTERING, ALL PARTICIPANTS IN THE SWEEPSTAKES, PARTICIPANT’S HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS RELEASE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND ALL SWEEPSTAKES ENTITIES AND TWITTER FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES AND CAUSES OF ACTION FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES), LIABILITY, LOSS, COST, FEES (INCLUDING ATTORNEYS’ FEES), INCLUDING, WITHOUT LIMITATION, DAMAGE TO PERSON (INCLUDING DEATH) OR PERSONAL OR REAL PROPERTY, DUE, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY REASON OF THE ACCEPTANCE, POSSESSION, REDEMPTION, MISDIRECTION, USE OR MISUSE OF ANY PRIZE OR ANY PORTION OF ANY PRIZE (INCLUDING ANY ACTIVITY OR TRAVEL RELATED THERETO) OR PARTICIPATION IN THE SWEEPSTAKES AND THE ACTIVITIES OR FOR ANY AND ALL CLAIMS BASED ON RIGHTS OF PUBLICITY AND RIGHTS OF PRIVACY WHETHER ANY OF THESE THINGS ARE CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE SPONSOR AND/OR THE SWEEPSTAKES ENTITIES.
DISCLAIMERS:
By participating in the Sweepstakes, Entrant agrees to release, discharge, indemnify and hold harmless, Foundation For Feline Renal Research aka FFRR, Ltd. Twitter, Inc., Facebook, Instagram, Andrey and Natalie Grigoryev, Cat Amazing, Pam Johnson-Bennett, Cat Behavior Associates, Pam Wheelock, Purrfect Play, and each of their respective directors, officers, employees, agents, volunteers, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death of any individual of any species, including but not limited to human and/or feline) of any kind arising out of or related to: (i) Entrants’ participation in the Sweepstakes (ii) any acceptance, possession, use or misuse of any prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s or nonhuman animals’ equipment or other property, or to their persons,); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize. Without limiting the generality of the foregoing, Entrants agree that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality or Fitness for a Particular Purpose. Entrants agree that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone or data network, Internet, computer online system, computer dating and/or timing mechanism, computer equipment, software, social media platform, or Internet service provider utilized by Sponsor or Entrant; interruption or inability to access the website, application or any online service via the Internet due to hardware or software compatibility problems; any damage to Entrant’s (or any third person’s) computer or mobile device and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. he Released Parties are not responsible for any changes or unavailability of the wireless carrier, internet service provider, or the social media platform used for purposes of administering this Sweepstakes that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the website or social media platform for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of Entrant to timely enter, receive notices, or communicate with Sponsor via the website or social media platform, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. Each Entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a Supplier of a Prize, including manufacturer and/or deliverer of a Prize that may be sent along with a prize.
The Sweepstakes Entities are not responsible for human errors or for any damaged, tampered with, delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged, misaddressed, misdirected, mutilated, mass machine-generated, unintelligible, incomprehensible, stolen entries or entries otherwise not in compliance with these Official Rules. In addition, Sweepstakes Entities are not responsible for any typographical errors in these Official Rules, Sweepstakes content or any advertising materials for the Sweepstakes, or for any kind of computer, electronic, hardware, software, Internet, network, data, technical or telephone failures and/or problems caused by the Sponsor and/or the Sweepstakes Entities or the user, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Sweepstakes, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.
If the Sweepstakes becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause created by Sponsor and/or the Sweepstakes Entities, any user or Entrant, or by any of the equipment or programming associated with or utilized in the Sweepstakes, Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend or withdraw the Sweepstakes or any Sweepstakes offer and/or cancel, modify, suspend or withdraw any method of entry, without notice, and select prizewinners from all valid entries received for the Sweepstakes prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an “Act of God” or public enemy; an act or threat of terrorism, war (declared or undeclared), riot or civil commotion, fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, riot or civil disturbance, public health crisis (e.g. SARS, Ebola, Measles), casualties, satellite or equipment failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, including misdirection of deliveries, an act, regulation, order or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order or request proves to be invalid); order or any court or jurisdiction, or any other cause not reasonably within the Sponsor’s control.
GOVERNING LAW:
The parties agree that the Sweepstakes and these Official Rules will be governed, construed and interpreted under the laws of the United States of America, and, where state rule applies, the State of New York, USA, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of New York.
DISPUTE RESOLUTION:
Entrants, Sponsor, and any and all Released Parties (each, a “Party” and collectively the “Parties”) each agree to fully and finally settle all disputes only through binding arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts of New York, USA and any other court with jurisdiction over the Parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The Parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either Party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in NY, USA. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in New York, USA. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of Entrant to attend the arbitration hearing). Either Party may, notwithstanding this provision, bring qualifying claims in small claims court.
LIMITATION OF LIABILITY:
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO THE ACTUAL VALUE OF THE PRIZE WITH THE HIGHEST MARKET VALUE, NOT TO EXCEED TWENTY US DOLLARS ($20). IN NO EVENT WILL THIRD-PARTY, OUT-OF-POCKET COSTS, OR ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN AS OUTLINED ABOVE, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
MISCELLANEOUS:
The invalidity or lack of enforceability of any provision of these Official Rules or the Affidavit or of any subsequently required waivers, in any or all jurisdictions, will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules or any other guidelines, instructions, policies, or term will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
WINNER LIST:
Winners must consent to have their person information, including name, address, and social media handle, included on a winners list, should such a list be requested by any sweepstakes entrant. To receive the winners’ list, send a stamped self-addressed envelope to: “Sweepstakes Winners’ List”, Foundation For Feline Renal Research, P.O. Box 881, Rocky Point, NY 11778 within sixty (60) days of expiration of the Sweepstakes Period. Please indicate which Sweepstakes winners’ list you are requesting by referencing the title of the Sweepstakes in your request.
SPONSOR:
This Sweepstakes is sponsored by Foundation For Feline Renal Research, P.O. Box 881, Rocky Point, NY 11778. Reference to third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes.
Foundation For Feline Renal Research™, FFRR™, Feline Kidney Month™, and Millions of Cats Lose the Battle, Help Us Win the War™, and their logos are trademarks of Foundation For Feline Renal Research. With regard to prizes, all trademarks, service marks, logos, products, or service names are the property of their respective owners. All Rights Reserved. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Apple, Inc., Google, LLC, Alphabet, Inc., Twitter, Inc., Facebook, Instagram, or any other third-party not specifically designated by Sponsor. Information is being provided solely to Sponsor in accordance with these Official Rules.
© 2019 Foundation For Feline Renal Research. All rights reserved.
No purchase, payment or donation is necessary to enter or win a prize. A purchase payment or donation of any kind will not increase your chances of winning.
Odds of winning are dependent upon the number of eligible entries received. Void where prohibited by law. Affidavit of eligibility/release of liability/prize acceptance agreement will be required. All disputes will be resolved solely by binding arbitration and entrants waive the ability to bring claims in a class action format.
This sweepstakes is in no way sponsored, endorsed, administered by, or associated with Twitter, Facebook, Instagram, or any person or entity other than Foundation For Feline Renal Research (FFRR).
Void where prohibited by law.
I. ENTRY PERIOD
The entry period for the Sweepstakes (The Sweepstakes Period) begins Tuesday, March 19, 2019 12:00:01 a.m. USA Eastern Standard Time (EST) and ends at 11:59:59 p.m. EST on Thursday, March 28, 2019. Any attempted form of entry into the Sweepstakes other than as described herein is void.
II. ELIGIBILITY
The Sweepstakes is open only to individuals who meet the following criteria at the time and date of entry:
You must be at least eighteen (18) years of age (or the age of majority in your jurisdiction of residence, if that age of majority is older than 18 years);
We appreciate the support for the cause that we receive from around the world. However, due to the complexities of various laws, we regret that we are not permitted to select a winner from the following countries: Belgium, Canada, Chile, China, Columbia, France, Ireland, Italy, Portugal, Singapore, South Korea, Sweden, Thailand, United Arab Emirates.
You must reside in a country and at an address that is accessible by the U.S. Postal Service.
Void where prohibited by law.
FFRR, and any of FFRR’s Directors, Officers, Agents, Employees, Affiliates Volunteers, Independent Contractors, Representatives, and Agencies or any entity or individual who has been granted funds from FFRR and their respective Directors, Officers, Agents, Employees, Affiliates, Volunteers, Independent Contractors, Representatives and Agencies (collectively, FFRR and affiliates) are not eligible to participate in the Sweepstakes and/or win a Prize (as defined below). Additionally, immediate family members of any such persons and persons living in the same household as such persons (whether related or not) are not eligible to win. For the purposes of this Sweepstakes, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, or siblings, and their spouses, and “persons living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not. The contest is limited to individuals, and to nonprofits in the field of animal rescue and rehabilitation. No corporations, or organizations that do work other than nonprofits, as outlined above, are eligible.
By entering this Sweepstakes, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects and cannot be challenged or appealed.
If a potential winner is selected and determined not eligible then they will forfeit the entire Prize and will not be eligible to receive any alternate compensation. Should the Prize be forfeited, Sponsor may, at Sponsor’s sole discretion, choose another winner.
III. HOW TO ENTER:
Entries received before and/or after the Sweepstakes Period will be void. All entries become the sole property of Sponsor and will not be acknowledged or returned.
Sponsor’s computer will serve as the official timepiece for the Sweepstakes.
To Enter:
If the potential Entrant meets the eligibility criteria set forth above, the you may enter via a post on Twitter, Facebook and/or Instagram, coupled with filling out a brief entry form:
On Twitter:
Between March 19, 2019 and March 28, 2019:
1. Tweet about why the battle against Feline CKD matters to you, use #LetsCureFelineCKD, and mention us @FelineRenalRsch.
2. Fill out the entry form here.
On Facebook:
Between March 19, 2019 and March 28, 2019:
1. Comment on the post that is pinned to our Facebook page (not a shared version, the post that is actually on the page), to tell everyone why the battle against Feline CKD matters to you, and use #LetsCureFelineCKD.
2. Fill out the entry form here.
On Instagram:
Between March 19, 2019 and March 28, 2019:
1. Post to tell everyone why the battle against Feline CKD matters to you, use #LetsCureFelineCKD, and mention us @FelineRenalResearch.
2. Fill out the form here.
You may have a maximum of three (3) entries, one for Twitter, one for Facebook, and one for Instagram.
Anyone using multiple Twitter accounts, Facebook accounts and/or Instagram accounts will be found ineligible.
Please do not post duplicate tweets, posts, updates, or links. Posting duplicate, or near duplicate, tweets, updates or links is a violation of the Twitter Rules. By submitting any information via Twitter, Entrant agrees to the Twitter terms of service and privacy notice located at: https://twitter.com/tos. In order for your tweet on Twitter to be valid for entry, during the Sweepstakes Period and for thirty (30) days thereafter, Entrant’s Twitter profile must be public and thus viewable by the Sponsor and its agents. If Entrant does not have a Twitter account, and would like to create one for free, visit Twitter.com or download the app in the Apple App Store or the Google Play Store and follow the instructions to set up an account. All posts to Twitter must comply with the applicable Terms of Service and may not contain obscene, lewd, derogatory, infringing, illegal, or inappropriate content, or otherwise violate these Official Rules, as determined by Sponsor in their sole and absolute discretion.
Multiple participants are not permitted to share the same mobile phone, email account, or Twitter account. Posting duplicate, or near duplicate, updates or links is a violation of the Twitter Rules. By participating, Entrants are confirming their acceptance and agreement to these Official Rules.
By submitting any information via Facebook, Entrant agrees to the Facebook terms of service and privacy notice located at: https://www.facebook.com/terms.php
By submitting any information via Instagram, Entrant agrees to the Instagram terms of service and privacy notice located at: https://help.instagram.com/478745558852511
A maximum of three total entries per Entrant during the Sweepstakes Period, as detailed in these Official Rules, will be accepted. Any attempt(s) made by the same individual to submit more than the permitted entries by using multiple emails/mobile numbers, false contact information, accounts or otherwise will result in the Entrant being disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and will be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive, off-topic, containing promotions or spam, or otherwise disparaging, not in keeping with the standards and/or dignity or image of FFRR and/or not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. Entries submitted by Entrants who do not meet the eligibility requirements (including but not limited to all requirements with respect to age and residence) are void. All materials submitted become the physical property of Sponsor and will not be returned. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the registered account holder of the email address associated with the entry or social media account for the domain associated with the submitted address provided that person is eligible. Winners may be required to show proof of being the registered account holder. Registered account holder is defined as the person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules and/or other instructions of Sponsor may be disqualified. The Sweepstakes Entities may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other.
GENERAL CONDITIONS OF ENTRY:
All Entrants, as a condition of entry, agree that they have not been required to purchase any kind of Internet, wireless, or data service whatsoever in order to participate in and/or enter the Sweepstakes. The Sweepstakes Entities are not responsible for the actions of Entrants in connection with the Sweepstakes, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined in the sole and absolute discretion of Sponsor, may result in immediate disqualification of the Entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING ANY SOCIAL MEDIA PLATFORM OR APPLICATION) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, in its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral, or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
Entrant further understands and agrees that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release(s) are hereby expressly and forever waived. Entrant acknowledges that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR 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.” The releases hereunder 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.
WINNER SELECTION PROCESS:
Sponsor will conduct a random drawing on or about March 30, 2019, from among all eligible entries received during the applicable Sweepstakes Period, to determine the Prize winners.
All potential Prizewinners are subject to verification.
Should the Prize be forfeited, Sponsor may, at Sponsor’s sole discretion, choose another winner.
Prizes are assigned randomly, and substitutions are not permitted. If a potential Prizewinner is found ineligible or fails to comply with these Official Rules, that individual’s claim to a prize is forfeited and an alternate qualifying and eligible Entrant may be selected, at Sponsor’s sole discretion. Additionally, Sponsor reserves the right to conduct background checks on the potential winner and the potential Prizewinner’s companion, as a condition to receipt of the prize. Prizewinner must first submit to such background check and cooperate with Sponsor in any way that Sponsor requests in order to be eligible to receive the prize. Sponsor reserves the right, in its sole discretion, to disqualify any Prizewinner and/or Prizewinner’s companion based on such background check if Sponsor determines, in its sole discretion, the background check reveals information that is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (which may be determined at Sponsor’s sole and absolute discretion).
All prizes legitimately claimed will be awarded.
PRIZE WINNERS:
There will be nine (9) winners. Each winner will receive one of three prizes: Either one original “Cat Amazing” single level, food puzzle toy; or one autographed copy of the book “Cat Wise”, signed by the author Pam Johnson-Bennett or one (1) packet of Purrfect Play organic cotton Dust Bunnies toys. In the very unlikely event that, due to circumstances beyond the control of FFRR or the prize donors the named prized become unavailable, we reserve the right to provide a similar prize.
The approximate total retail value of all nine prizes combined is $200.00
All Prizewinners will be required to review and execute further contracts and releases provided by Sponsor in order to receive the applicable prize.
PRIZEWINNER NOTIFICATION PROCESS:
Potential winners will be notified in a commercially reasonable time after random drawing. The potential winner(s) will be notified via email and may also be notified on the social media platform via which they have entered, and may be announced on Twitter, Facebook, Instagram, FFRR’s website and/or FFRR’s newsletter. It is the entrants responsibility to make sure that they have the privacy settings on their social media accounts set so that FFRR may contact them to let them know that they have been selected for a prized. Inability to contact the potential winner will result in another winner being selected. Once selected and contacted, the potential winner(s) must respond within twenty-four (24) hours and in accordance with the instructions in the notification or the prize may, in FFRR’s sole discretion, be forfeited and given to another winer. FFRR is not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending notice of selection via email. Some prizes may not be deliverable to a P.O. Box, and so, use of a P.O. Box for prize delivery is discouraged. A potential prize winner who provides a P.O. Box may be required to provide an alternative physical address and this may cause a delay in prize being received. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, insufficient space in Entrant’s email account to receive email messages, or any limitations associated with receipt of text messages.
Each potential winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive his or her prize(s). If any potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate winner may be selected. Non-compliance shall result in disqualification and award of the prize(s) to an alternate winner.. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules and all other additional or supplemental rules or instructions, or if the potential prize winner cannot participate in any portion of sweepstakes, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.
ADDITIONAL PRIZE INFORMATION:
Sponsor reserves the right to conduct a background check on any Prizewinner as a condition of awarding a Prize.
In the event a prize winner is found to have engaged in behavior that, as determined by FFRR is obnoxious, inappropriate, threatening, illegal, undignified, incompatible with FFRR’s image, or that is intended to annoy, abuse, threaten or harass any other person, FFRR reserves the right to disqualify such individual.
FFRR is not responsible for prizes that are lost during shipping. Sponsor shall not be required to replace any lost prize.
There is no substitution for any Prize or any portion thereof and no compensation will be given for any prize that is unclaimed or not timely claimed. The prize is not transferable, assignable or redeemable for cash. All Prize details are at FFRR’s sole discretion.
Prizewinner is solely responsible for the reporting and payment of any and all federal, state and local taxes as well as any other costs and expenses associated with acceptance and use of a Prize. Prizewinner may be issued an IRS Form 1099 Misc based on the ARV of the Prize awarded. Sponsor reserves the right, but is not required, to substitute a cash payment of equal value for any aspect of the prize. Terms and conditions of prize elements may apply.
PRIVACY STATEMENT:
Entrant’s personal information will be utilized by the Sponsor for fulfillment of Sweepstakes prize and to comply with legal requirements. To review Sponsor’s Privacy Policy, go to http://www.foundationforfelinerenalresearch.org/policies.html. By entering this Sweepstakes, Entrants accept and agree to abide by all Sponsor policies and terms.
OWNERSHIP AND LICENSE:
All Sweepstakes related materials, including submission entries (“Submission”) becomes the property of the Sponsor and will not be acknowledged or returned. The copyright in any Submission shall remain the property of the Entrant, but entry into this Sweepstakes constitutes Entrant’s irrevocable and perpetual permission and consent, without further compensation, right to review, or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, make derivative works of, or display such Submission for any purpose, including, but not limited to, editorial, advertising, trade, commercial, and publicity purposes by the Sponsor and/or others authorized by the Sponsor, in any and all media now in existence or hereafter invented, throughout the universe, for the duration or the copyright in the Submission. Sponsor and/or others authorized by the Sponsor shall have the right to use, distribute, perform, display, print, publish, transmit, make derivative works of, edit, adapt, and modify the Submission. All Entrants submitting materials/content as part of the Sweepstakes will be non-exclusively licensing (with the unlimited right to sublicense) to Sweepstakes Entities the right to use Entrant’s name, social media account username and likeness, for any purpose (including any and all commercial purposes). Entrants represent and warrant that the materials submitted will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third-party liability or obligations. Any Entrant posting or submitting content with obscene or other inappropriate material may be disqualified by Sponsor, in its sole and absolute discretion.
Any use of any of the Sweepstakes Entities trademarks or copyright interest for any purpose not authorized by Sweepstakes Entities is strictly prohibited and may subject Entrant to civil and/or criminal liability.
PUBLICITY GRANT:
Subject to applicable law, Prizewinners irrevocably grant the Sweepstakes Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any compensation, obligation, notice or consideration except for the awarding of the prize(s) to the winners.
NO WARRANTIES:
ALL PRIZES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” SWEEPSTAKES ENTITIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OR ENJOYMENT OF ANY PRIZE, OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY AND ALL WARRANTIES FOR A PRIZE, OR ANY PORTION THEREOF, ARE CONTAINED IN THE MANUFACTURERS’ OR SERVICE PROVIDERS’ WARRANTIES, AS RELEVANT.
All trademarks are the property of their respective owners. The use of certain companies’ products and services as prizes does not imply participation in, approval of, or endorsement of this Sweepstakes by such companies.
RELEASE, HOLD HARMLESS AND INDEMNIFICATION:
BY ENTERING, ALL PARTICIPANTS IN THE SWEEPSTAKES, PARTICIPANT’S HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS RELEASE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND ALL SWEEPSTAKES ENTITIES AND TWITTER FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES AND CAUSES OF ACTION FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES), LIABILITY, LOSS, COST, FEES (INCLUDING ATTORNEYS’ FEES), INCLUDING, WITHOUT LIMITATION, DAMAGE TO PERSON (INCLUDING DEATH) OR PERSONAL OR REAL PROPERTY, DUE, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY REASON OF THE ACCEPTANCE, POSSESSION, REDEMPTION, MISDIRECTION, USE OR MISUSE OF ANY PRIZE OR ANY PORTION OF ANY PRIZE (INCLUDING ANY ACTIVITY OR TRAVEL RELATED THERETO) OR PARTICIPATION IN THE SWEEPSTAKES AND THE ACTIVITIES OR FOR ANY AND ALL CLAIMS BASED ON RIGHTS OF PUBLICITY AND RIGHTS OF PRIVACY WHETHER ANY OF THESE THINGS ARE CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE SPONSOR AND/OR THE SWEEPSTAKES ENTITIES.
DISCLAIMERS:
By participating in the Sweepstakes, Entrant agrees to release, discharge, indemnify and hold harmless, Foundation For Feline Renal Research aka FFRR, Ltd. Twitter, Inc., Facebook, Instagram, Andrey and Natalie Grigoryev, Cat Amazing, Pam Johnson-Bennett, Cat Behavior Associates, Pam Wheelock, Purrfect Play, and each of their respective directors, officers, employees, agents, volunteers, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death of any individual of any species, including but not limited to human and/or feline) of any kind arising out of or related to: (i) Entrants’ participation in the Sweepstakes (ii) any acceptance, possession, use or misuse of any prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s or nonhuman animals’ equipment or other property, or to their persons,); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize. Without limiting the generality of the foregoing, Entrants agree that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality or Fitness for a Particular Purpose. Entrants agree that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone or data network, Internet, computer online system, computer dating and/or timing mechanism, computer equipment, software, social media platform, or Internet service provider utilized by Sponsor or Entrant; interruption or inability to access the website, application or any online service via the Internet due to hardware or software compatibility problems; any damage to Entrant’s (or any third person’s) computer or mobile device and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. he Released Parties are not responsible for any changes or unavailability of the wireless carrier, internet service provider, or the social media platform used for purposes of administering this Sweepstakes that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the website or social media platform for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of Entrant to timely enter, receive notices, or communicate with Sponsor via the website or social media platform, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. Each Entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a Supplier of a Prize, including manufacturer and/or deliverer of a Prize that may be sent along with a prize.
The Sweepstakes Entities are not responsible for human errors or for any damaged, tampered with, delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged, misaddressed, misdirected, mutilated, mass machine-generated, unintelligible, incomprehensible, stolen entries or entries otherwise not in compliance with these Official Rules. In addition, Sweepstakes Entities are not responsible for any typographical errors in these Official Rules, Sweepstakes content or any advertising materials for the Sweepstakes, or for any kind of computer, electronic, hardware, software, Internet, network, data, technical or telephone failures and/or problems caused by the Sponsor and/or the Sweepstakes Entities or the user, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Sweepstakes, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.
If the Sweepstakes becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause created by Sponsor and/or the Sweepstakes Entities, any user or Entrant, or by any of the equipment or programming associated with or utilized in the Sweepstakes, Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend or withdraw the Sweepstakes or any Sweepstakes offer and/or cancel, modify, suspend or withdraw any method of entry, without notice, and select prizewinners from all valid entries received for the Sweepstakes prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an “Act of God” or public enemy; an act or threat of terrorism, war (declared or undeclared), riot or civil commotion, fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, riot or civil disturbance, public health crisis (e.g. SARS, Ebola, Measles), casualties, satellite or equipment failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, including misdirection of deliveries, an act, regulation, order or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order or request proves to be invalid); order or any court or jurisdiction, or any other cause not reasonably within the Sponsor’s control.
GOVERNING LAW:
The parties agree that the Sweepstakes and these Official Rules will be governed, construed and interpreted under the laws of the United States of America, and, where state rule applies, the State of New York, USA, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of New York.
DISPUTE RESOLUTION:
Entrants, Sponsor, and any and all Released Parties (each, a “Party” and collectively the “Parties”) each agree to fully and finally settle all disputes only through binding arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts of New York, USA and any other court with jurisdiction over the Parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The Parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either Party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in NY, USA. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in New York, USA. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of Entrant to attend the arbitration hearing). Either Party may, notwithstanding this provision, bring qualifying claims in small claims court.
LIMITATION OF LIABILITY:
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO THE ACTUAL VALUE OF THE PRIZE WITH THE HIGHEST MARKET VALUE, NOT TO EXCEED TWENTY US DOLLARS ($20). IN NO EVENT WILL THIRD-PARTY, OUT-OF-POCKET COSTS, OR ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN AS OUTLINED ABOVE, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
MISCELLANEOUS:
The invalidity or lack of enforceability of any provision of these Official Rules or the Affidavit or of any subsequently required waivers, in any or all jurisdictions, will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules or any other guidelines, instructions, policies, or term will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
WINNER LIST:
Winners must consent to have their person information, including name, address, and social media handle, included on a winners list, should such a list be requested by any sweepstakes entrant. To receive the winners’ list, send a stamped self-addressed envelope to: “Sweepstakes Winners’ List”, Foundation For Feline Renal Research, P.O. Box 881, Rocky Point, NY 11778 within sixty (60) days of expiration of the Sweepstakes Period. Please indicate which Sweepstakes winners’ list you are requesting by referencing the title of the Sweepstakes in your request.
SPONSOR:
This Sweepstakes is sponsored by Foundation For Feline Renal Research, P.O. Box 881, Rocky Point, NY 11778. Reference to third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes.
Foundation For Feline Renal Research™, FFRR™, Feline Kidney Month™, and Millions of Cats Lose the Battle, Help Us Win the War™, and their logos are trademarks of Foundation For Feline Renal Research. With regard to prizes, all trademarks, service marks, logos, products, or service names are the property of their respective owners. All Rights Reserved. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Apple, Inc., Google, LLC, Alphabet, Inc., Twitter, Inc., Facebook, Instagram, or any other third-party not specifically designated by Sponsor. Information is being provided solely to Sponsor in accordance with these Official Rules.
© 2019 Foundation For Feline Renal Research. All rights reserved.
