Healthier by the Smile Sweepstakes (“PROMOTION”)
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
- SPONSOR: WellPet LLC 200 Ames Pond Drive; Tewksbury, MA 01876-1274 (“Sponsor“).
- ELIGIBILITY: Promotion is open only to persons, who are, as of date of entry, 18 years of age or older, legal residents of, and physically located within, the 50 United States or D.C., except that employees, officers and directors (and the members of their households and their immediate family members (defined as parents, children and their spouses)) of Sponsor, each of their parent, subsidiary and affiliated companies, and the advertising, promotional and fulfillment agencies of each of them are not eligible to enter or win.
“Immediate family members” shall mean parents, step-parents, grandparents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three (3) months a year, whether related or not.
- OVERVIEW/ENTRY PERIOD: You may enter via the internet during the period beginning at 12:00:01 A.M. Eastern Time (“EST“) on 2/1/21 through 11:59:59 P.M. EST on 2/28/21 (“Master Entry Period”). The Promotion will consist of one (1) grand prize (“Grand Prize Sweepstakes”), and four (4) weekly prizes (“Weekly Sweepstakes”) with four (4) entry periods (each a “Weekly Entry Period”) as noted in the chart below. Only those eligible entries received during a specific Weekly Entry Period by the applicable end date as listed in the chart below will be entered into that week’s weekly drawing. Any entries received during a particular Weekly Entry Period will not be included in the subsequent weekly drawings; however, all eligible entries for the Weekly Sweepstakes will roll over into the Grand Prize Sweepstakes.
A “Week” is defined as starting at 12:00:01am EST on each Monday during the Master Entry Period and ending at 11:59:59pm EST the following Sunday.
Weekly Entry Period
|Weekly Sweeps||Start [each Monday at 12:00:01 am EST]||End (the following Sunday at 11:59:59 pm EST||#Winners||Prize||ARV||Approximate Drawing Date|
|Grand Prize||2/2/21||2/28/21||1||WHIMZEES for a year and one (1) American Express Gift Card for $250||$1,064.00||3/2/21|
- HOW TO ENTER: To enter, visit www.HealthierByTheSmile.com (the “Website“) during the Sweepstakes Entry Period and follow all instructions to complete and submit the Sweepstakes entry form in its entirety and upload a picture of your dog which is optional, not required, nor does a picture increase your chances of winning. (“Entry(ies)”).
The Website’s database clock will be the official timekeeper for this Promotion. In the event of a dispute over the identity of an entrant, the relevant Entry(ies), Entry will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. “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. Entries with duplicate email addresses or multiple entries using different email addresses for a single individual will be disqualified. Entries generated by a script, macro or other automated means are void. Entry shall refer to Entry collectively.
Limit: one entry per person, per email address per day regardless of whether one person has more than one email address or more than one person uses the same email address.
Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that WellPet, anyone acting on behalf of WellPet, and WellPet’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your Entry(ies), name, portrait, picture, voice, likeness, image, statements about the Promotion, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If you choose to include people identifiable in your Entry, you warrant and represent that each person pictured has given you written permission to be included in your Entry and for WellPet to publish their likeness. You represent and warrant that none of the persons depicted in your Entry are under the age of 18, or if they are under the age of 18 that you are the legal parent or guardian of the child under the age of 18. You agree to provide a copy of a release upon request. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of WellPet. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle any claims brought against WellPet or its affiliates and any of its or their owners, shareholders, employees, members, attorneys or advisors. You shall indemnify, defend, and hold harmless WellPet and any of the aforementioned related parties from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which WellPet may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
- SELECTION OF SWEEPSTAKES WINNERS: All Potential winners will be selected by an authorized representative of the Sponsor at random from all eligible Entries on the Approximate Drawing Date (“Drawing”) as noted in the chart above (“Sweepstakes Winners”). All winners will be determined via a random drawing by an independent judging organization whose decisions are final and binding in all matters relating to this Promotion. The odds of winning a prize will be determined by the number of eligible Entries received.
- VERIFICATION OF PROMOTION WINNERS: Potential Grand Prize Winner will be notified by e-mail; two (2) business days (“Notification”) from the date winner is selected. Potential Grand Prize Winner will be required to complete, sign and return an affidavit of eligibility and liability release, and/or IRS Form W-9 “(if applicable).”, where permitted, and a publicity release (“Promotion Documents”). If a potential Grand Prize Winner fails to respond within five (5) business days of the Email Notification attempt or to return the executed Promotion Documents within five (5) business days after it has been sent to him/her, or if his/her winner notification is returned as undeliverable or unclaimed, or if a potential Grand Prize Winner cannot accept or is unwilling to accept any portion of the Grand Prize for any reason or cannot or does not comply with these Official Rules or is otherwise found to be ineligible, such potential Grand Prize Winner may be subject to disqualification, and an alternate winner may be selected in a random drawing from all remaining eligible Entries received and Sponsor will have no liability of any kind (either to a potential Grand Prize Winner or any third party).
Weekly Prize Winners will be sent an email notifying them they are a potential winner and the Weekly Prize Winners must respond to the notification with the requested information within two (2) business days from the date sent. Failure to respond within the time allowed and with completed required documentation will result in disqualification without notice.
Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate winner, if any.
- PROMOTION PRIZES, APPROXIMATE RETAIL VALUES (“ARV”)/PRIZE CONDITIONS:
- GRAND PRIZE: One (1) Grand Prize Winner will receive a grand prize (“Grand Prize”) of a ONE YEAR supply of WHIMZEES treats, to include at least 365 treats in the appropriate size for your dog and a $250 American Express Gift Card. However, the actual value of the prize may differ at the time of prize award and based on the products appropriate for the winner’s dog. The specifics of the prize shall be solely determined by WellPet. Grand Prize ARV total is $1,064.00 which is based on a one year supply of WHIMZEES treats for a large dog and a $250 American Express gift card. This value may differ if your dog requires a smaller treat that has a lower retail value.
- WEEKLY SWEEPSTAKES PRIZES/ARV’S: Four (4) Weekly Prizes Winners: One (1) prize each week for four (4) weeks): Each Weekly Prize Winner will receive one (1) American Express Gift Card: $50.00. ARV of all weekly prize winners’ total: $200.00.
Total ARV for Grand Prize WiNNER AND THE FOUR (4) weekly prize winners is $1,264.00.
The following applies to all prizes awarded in conjunction with the Promotion:
Prize winners will be solely responsible for all fees, federal, state and local taxes and any other expenses relating to the use, acceptance and possession of a prize. Prize winners must accept the prize as stated or prize may be forfeited and may be awarded to an alternate prize winner. Any difference between the stated ARV of a prize and the actual value of a prize will not be awarded to the prize winner. Prizes are non-transferable in whole or in part except at the discretion of Sponsor. No substitution or cash redemption except at the discretion of Sponsor, in which case a prize of equal or greater value will be awarded. Sponsor reserves the right, to substitute a prize (or component thereof) of equal or greater value in the event a prize is unavailable for any reason whatsoever. Prize winners shall bear all risk of loss or damage to prize upon being awarded to prize winners and Sponsor does not have any obligation or responsibility to replace prize if lost, damaged or stolen. Prizes will be awarded “as is” with no warranty or guarantee. Sponsor has not made nor in any manner is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize thereof, including but not limited to its quality, condition, appearance, safety, performance. Sponsor is not responsible for any fees, costs, or additional charges resulting from an entrant or prize winner entering and participating in the Promotion and/or being awarded and/or receiving and/or using a prize.
Any depiction of prizes (or any part thereof) is for illustrative purposes only. Sponsor is responsible only for prize delivery and are not responsible for prize utility, quality or otherwise.
Grand Prize Winner will be required to supply his/her social security number to Sponsor for Sponsor to issue an IRS 1099 tax form in the value of the prize if applicable.
- LIMITATION OF LIABILITY AND DISPUTE RESOLUTION: Sponsor and their respective parent, subsidiary and affiliated companies, those working on their behalf, and each of their respective officers, directors, representatives, employees, agents, successors and assigns (“Promotion Entities“) are not responsible for injury or damage to entrants’ or to any other person’s computer related to or resulting from participating in, or accessing or downloading information in connection with, this Promotion. The Promotion Entities are not responsible for any misdirected, lost, late, inaccurate or incomplete Entries (or e-mails or other communications), and such Entries will be void. The Promotion Entities are not responsible for: (a) any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, errors, delays, disconnections, or unavailability, (b) garbled or jumbled transmissions, (c) service provider/Internet/web site/use net accessibility, availability, or traffic congestion, (d) unauthorized human intervention or (e) the incorrect or inaccurate capture of entry information or the failure to capture any such information. All Entries and other materials submitted by entrants in connection with this Promotion become the property of Sponsor and will not be returned or acknowledged. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. By entering this Promotion, each entrant hereby agrees on his/her behalf (and on behalf of his/her heirs, executors and administrators) to release, discharge defend, indemnify and hold harmless each of the Promotion Entities, from any damage, injury, death, loss or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or in any way relate to any entrant’s participation in this Promotion or the awarding, acceptance, use or misuse of any prize. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion shall be resolved individually, without resort to any form of class action. This Promotion shall be governed by, and construed in accordance with, the laws of the State of Massachusetts, regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. Any action or litigation concerning this Promotion shall take place exclusively in the federal or state courts sitting in Boston, Massachusetts, and each entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Each entrant agrees to service of process by mail or other method acceptable under the laws of the State of Massachusetts. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES AND TO INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
- GENERAL: This Promotion is void outside the 50 United States or D.C. and where prohibited by law and is subject to all applicable Federal, State and local laws and regulations. By entering this Promotion, each Entrant agrees to be bound by these Official Rules and the decisions of Sponsor which shall be final. In addition, each Entrant represents and warrants that all information contained in his/her entry is true and accurate. Sponsor is not responsible for any printing errors in these Official Rules and Sponsor reserves the right to correct clerical or typographical errors in all promotional materials. In the event this Promotion is compromised for any reason (including due to computer virus, tampering, bugs, computer malfunction, fraud, unauthorized intervention or other causes beyond the control of Sponsor) which, in the sole opinion of Sponsor, corrupts or impairs the administration, security, fairness or proper play of this Promotion, Sponsor reserves the right in their sole discretion to suspend, cancel, modify or terminate this Promotion, and to hold a random drawing from among all eligible, non-suspect Entries received prior to such action. In the event of any such suspension, cancellation, modification or termination a notice of such action will be posted on the Website, if functioning. Sponsor is not responsible if the Promotion cannot be implemented or any prize cannot be awarded due to delays or interruptions beyond Sponsor’s control, including those due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism. The use of automated software or computer programs to register for or enter this Promotion is prohibited and any individual who uses or attempts to use such methods to register, to play or to enter will be disqualified. Sponsor reserves the right, in their sole discretion, to disqualify any entrant (and all of her/his entries) from this Promotion who does not comply with these Official Rules, and/or from any other promotion conducted now or in the future by Sponsor or any of their affiliated companies if such entrant tampers with the entry process or if her/his fraud or misconduct affects the integrity of this Promotion or otherwise interferes with the proper conduct of this Promotion.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANYONE MAKING SUCH AN ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
- WINNERS’ LIST: For a winners’ list (available April 15th, 2021) send a stamped, self-addressed envelope (postage not required for VT residents) to Healthier by the Smile Winners’ List, ATTN: HD, 494 Eighth Avenue, Suite 1700, New York, NY 10001.