2020 MVPs (Most Valuable Pets) – Official Rules

2020 MVPs (Most Valuable Pets) – Official Rules 

OFFICIAL RULES & CONSUMER DISCLOSURE (“Official Rules”)  

OPEN FARM PET ‘2020 MVPs contest’ – Dec. 1, 2020 – Dec. 14, 2020 

NO PURCHASE NECESSARY – VOID WHERE PROHIBITED BY LAW 

The Open Farm 2020 MVPs (hereinafter referred to as the “Sweepstakes”) is being run and sponsored by Open Farm Inc., an Ontario Corporation located at 170 Bedford Rd, Suite 300, Toronto, ON, M5R 2K9. Its head office can be reached at (416) 925-3080. 
 

  1. HOW TO ENTER: Between the day and time the Sweepstakes is announced at 10AM EST on December 1, 2020 (“Announcement Date”) and 11:59 PM EST on Dec 14, 2020 (“End Date”), such period being defined as the “Sweepstakes Period,” you can enter the Sweepstakes. Entries will be accepted online by filling out the entry form with your name, email address and your pet’s name at https://54f2b0f1.wishpondpages.com/landing-page-2594037/   All entries become property of Open Farm and will not be acknowledged or returned. There will be a maximum limit of two entries per person. All eligible participants will be entitled to one (1) entry. If you share the Sweepstakes with another person by tagging them on Instagram, you will be entitled to one (1) additional entry. No purchase will increase any entrant’s chance of winning a Prize. 
  2. ELIGIBILITY: The Sweepstakes is open only to legal residents of Canada and the United States of America who are 18 years old or older excluding residents of Quebec, Rhode Island and all United States Territories. Void where prohibited by law. Participation in the Sweepstakes constitutes full and unconditional agreement to these Official Rules. The following individuals are not eligible: (a) employees, officers, and directors of Open Farm, including all respective parent companies, subsidiaries, affiliates, partners, advertisers, marketing and promotion agencies, manufacturers or distributors of promotion materials, and representatives; and (b) members of the immediate family (parents, children, siblings, or spouses) of a person listed in (a) and/or those living in the same household as a person listed in (a), regardless of familial relation. All federal, state and local laws and regulations apply. Entrants agree to be bound by the terms of these Official Rules and by the decisions of Open Farm, which are final and binding on all matters pertaining to this Sweepstakes. Entrants are prohibited from submitting an entry for a purpose other than entering the Sweepstakes for the entrant’s personal benefit. Prohibited purposes include, but are not limited to, engaging in competition with Open Farm and/or any of the Sponsors and luring emails to any fraud management tool such as a “spamtrap” or “honey pot.” If any entry or entrant is determined to be non-compliant with these Official Rules, said entry or entrant shall be disqualified.
  3. RANDOM DRAWING: On or around a date one week following the End Date, three random winners for all Prizes (as defined below) will be selected. To facilitate the selection of the winners, each entrant will be assigned a number and Open Farm will select the winning numbers (each representing an entrant) at random. Decisions of Open Farm are final and binding in all respects. Winners will be notified by e-mail or another means at Open Farm’s discretion. If a winner does not respond to Open Farm’s notification within three days or is unwilling to or cannot accept the Prize, the Prize will be forfeited and an alternate winner may be selected from the Sweepstakes entrants. If an entrant is deemed ineligible, an alternate winner may be selected from the entry pool. No more than the advertised number of prizes will be awarded. At the sole discretion of Open Farm, disqualification, forfeiture, and the selection of an alternate winner may result from any of the following: (1) a winner’s failure to respond to winner notification within three days of transmission; (2) the return of a notification as undeliverable after one attempt; (3) a winner’s failure to demonstrate their eligibility, or to provide Open Farm with satisfactory proof of age, identity, and residency within three days of initial winner notification; (4) a winner’s failure to execute and return an affidavit of Eligibility/Liability/Publicity Release or requested tax information or W9 within three days of its transmission; or (5) any other non-compliance with these Official Rules. Open Farm will attempt to notify each winner within one week of his or her selection as a winner, and the prize will be delivered within three weeks of acknowledgement of the notification, or at such time as the prize becomes available. All federal, state and local laws and regulations apply. 
  4. ODDS: Odds of winning a Prize depend on the number of eligible entries received, but can be calculated by dividing the number of prizes by the total number of entries.
  5. PRIZES and APPROXIMATE RETAIL VALUE: Three winners will be awarded (“Prize” and/or “Prizes”), consisting of all the following: 

Dog - 7 24Lb Bag Dry Dog Food to each winner; Cash/Retail value approx. $769.93 total (CAD) 

Cat – 12 8lb Bag Dry Cat Food to each winner; Cash/Retail value approx. $647.88 total (CAD)

  1. DONATION: In connection with the Sweepstakes, Open Farm may at its sole discretion make donations of pet food, in amounts determined by Open Farm, to Pet Rescue/Adoption organizations that are nominated by the Sweepstakes winner(s) (each such donation, a “Donation”).  

 

  1. ALL PRIZE CONDITIONS: No substitution or transfer of a Prize will be permitted, except that Open Farm reserves the right to substitute a Prize of equal or greater value if the advertised Prize is unavailable. Prize cannot be transferred by winner. No Prize can be redeemed for cash or can be used for a prior purchase. If a Prize element is not available for any reason, the remaining elements of the Prize shall constitute full satisfaction of Open Farm’s Prize obligation to winner, and no additional compensation will be awarded. Open Farm has no responsibility for cancellations, delays, or any other change by any company or person providing any element of the Prize due to reasons beyond Open Farm’s control, and is not responsible or liable for any expenses incurred as a consequence thereof. The Prize is awarded without warranty of any kind from Open Farm, express or implied, without limitation. Winners, and not Open Farm, shall be responsible for any and all taxes and/or duties as well as any other expenses not specifically included in the prize description. Open Farm may require Winners to sign an affidavit or declaration of eligibility. Open Farm may require Winners and/or anyone receiving a direct benefit from the Prize to sign a liability release and/or publicity license. Except where otherwise stated herein, all Prizes will be delivered free of charge (or in the case of electronic vouchers – emailed) to winners. Open Farm will not ask winners for money for shipping costs as a condition for receipt of a Prize. Open Farm may verify the information submitted by the winner during the contest. In the event that Open Farm does not receive sufficient eligible entries to award all of the Prizes, Open Farm has the right to cancel the Sweepstakes. The Sweepstakes is not sponsored by and is in no way endorsed, administered by, or associated with any social media network on which notice of the Sweepstakes is posted, including, but not limited to, Facebook, Twitter, Snapchat, and Instagram. 
      
  1. CONDITIONS OF PARTICIPATION 
  1. ELIGIBILITY. By participating in this Sweepstakes, all entrants represent and warrant that they are eligible to win and that they agree to be bound by these Official Rules and acknowledge understanding and acceptance of Open Farm’s privacy policy, as amended from time to time, which can be read here: https://openfarmpet.com/pages/privacy. 
  1. RELEASE. By participating in this Sweepstakes all entrants agree to release, indemnify and hold harmless Open Farm and all affiliated individuals and entities as well as their successors and assigns (the “Released Parties”), from and against any liability, injury, death, loss, or damages to entrant or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by reason of their participation in this Sweepstakes (or related activities) or their acceptance, possession or use/misuse of a Prize. The Released Parties are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omissions, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other computer relating to or resulting from participation in this Sweepstakes; inability to access any website; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions, including entries, that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the internet or at any web site; printing or human or other errors; and any entries which are late, lost, incomplete, misdirected, stolen, or any combination thereof. Online submission is not considered proof of delivery or receipt. Except where prohibited by law, the winner’s entry and acceptance of the prize constitutes permission for Open Farm and its assigns to use said winner’s name, photographs, likeness, statements, biographical information, voices, and city and state addresses on a worldwide basis, and in all forms of media, in perpetuity, without further compensation or authorization. Winner(s) further release and waive any right of or claim to copyright, trademark rights, privacy rights, publicity rights, rights to use of name, image or likeness, and any other legal or moral rights, relating to, arising out of, or embodied in the entry and/or arising out of the use of winner's name, image and likeness. Winner(s) expressly agrees not to pursue, support, maintain, or authorize any action, claim, or dispute of any kind against the Released Parties on the grounds that any use of the entry, and/or the use of winner's name, image, or likeness violates or infringes any of winner’s rights, including, without limitation, copyrights, trademark rights, privacy, publicity and/or moral rights. All entrants further understand and agree 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 are hereby expressly and forever waived. You acknowledge 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.” Open Farm makes no warranty with respect to the prizes awarded. 
  1. PUBLICITY. Except where prohibited by law, entrants hereby grant Open Farm and the Sponsors the right to use their names, likenesses, voices, opinions and biographical information, and residential city and state for publicity, advertising, trade or promotional purposes. Entrants also agree that all information received as part of this Sweepstakes may be used for the delivery of advertisements or otherwise as Open Farm sees fit. 
  1. ADVERTISING AND SOLICITATION. By entering this contest, you consent to receiving emails, special offers, electronic newsletters, and solicitations from Open Farm and third-party vendors that may constitute requests to engage in a monetary transaction. Each email from Open Farm will provide you the ability to opt out of future communication. If you would prefer to opt out now, please email support@openfarmpet.com. If you do not want Open Farm to share your information with third parties, please email support@openfarmpet.com. In some cases, your information may be shared before Open Farm receives and processes your opt-out. In such a situation, you will need to request removal from the email list of the entity or entities with which Open Farm has shared your information. Opting out of emails and offers will not decrease your chance of winning in the Sweepstakes. 
  1. DISCLOSURE OF INFORMATION. By participating in the Sweepstakes, you hereby agree to Open Farm’s collection, use, and dissemination of your personal information. 

ENTRY ERRORS/INTERNET. Open Farm is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected information. Open Farm is not responsible for lost or late entries nor for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Open Farm or presenter on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. If for any reason the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Open Farm which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Open Farm reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, violates these official rules, or acts in a disruptive or unsportsmanlike manner, and to cancel, terminate, modify or suspend the Sweepstakes. In such a situation, Open Farm reserves the right to select winners from eligible entries received as of the termination date. Without limiting the foregoing, Open Farm may reject any entrant, if in Open Farm’s sole judgment, the entrant has been disqualified, has questionable eligibility, or is otherwise ineligible to enter or participate. CAUTION: A PERSON WHO ATTEMPTS TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PENALTIES AND FINES; AND OPEN FARM RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. If there is a dispute as to the identity of the entrant, the Prize will be awarded to the authorized account holder of the email address. The “authorized account holder” is defined as the natural person to whom the email address is assigned. Open Farm is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the Prize. 

  

  1. GOVERNING LAW: In the event of a dispute between you and Open Farm, either may choose to resolve the dispute by binding arbitration, as described below, instead of in court. Any claim (except for a claim challenging the validity or enforceability of this arbitration agreement, including the Class Action Waiver) may be resolved by binding arbitration if either side requests it. THIS MEANS IF EITHER YOU OR OPEN FARM CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION. This arbitration agreement is governed by the Federal Arbitration Act. Any arbitration will take place in New York within one hundred miles of New York City, New York by a single arbitrator, and will be conducted by the American Arbitration Association or JAMS pursuant to the rules of the body conducting the arbitration. ARBITRATION AND/OR ANY COURT ACTION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR OPEN FARM MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION OR COURT BY OR AGAINST OTHER PERSON OR ENTITY, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Only a court, and not an arbitrator, shall determine the validity and effect of the Class Action Waiver. Even if all parties have opted to litigate a claim in court, you or Open Farm may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit. Open Farm will not choose to arbitrate any claim you bring in small claims court. However, if such a claim is transferred, removed, or appealed to a different court, Open Farm may then choose to arbitrate and you agree that in so doing, Open Farm will not have waived any rights. Any action brought in a court against Open Farm shall be brought in the State Courts of New York or in the federal court in New York and you and Open Farm both agree to be subject to jurisdiction in the State of New York. Except where otherwise indicated, the laws of the United States and New York govern this contract. Notwithstanding the foregoing, either party may pursue injunctive or other equitable remedies in the above-identified courts and such claims shall not be subject to arbitration. 
      
  1. SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. 
      
  1. MISCELLANEOUS: 
  1. UPDATES: Open Farm reserves the right to update or modify these rules at any time with or without notice by posting updated rules at https://54f2b0f1.wishpondpages.com/landing-page-2594037/ 
  1. CANCELATION: Open Farm reserves the right to cancel the Sweepstakes at any time for any reason, including prior to winners being selected. 
  1. THIRD-PARTY FEES: You may be charged for visiting the Sweepstakes website in accordance with the terms of your service agreement with your internet or mobile telephone carrier. Please consult your provider regarding your pricing plan. You must use a Smartphone device to participate via your mobile phone. Not all mobile phone providers carry the necessary service to participate. Check your phone capabilities for specific Internet instructions. If your data usage exceeds what is allotted by your data plan, you could be subject to additional fees by your carrier. Please contact your provider with any questions regarding your bill. 
  1. ADDITIONAL FORMS AND RELEASES: Any winner may be required to sign and return, where applicable, an affidavit of eligibility, a liability release, and where legally permissible a publicity release. 
  1. COPY OF OFFICIAL RULES. To receive a printed copy of these Official Rules, send a written request by the Sweepstakes End Date to Open Farm, at 170 Bedford Rd, Unit 300, Toronto, ON, M5R 2K9, Canada. Any such request must be marked to attention of “Sweepstakes Administrator”. 
  1. RIGHT TO CANCEL OR SUSPEND CONTEST. If for any reason these Sweepstakes are not capable of running as planned, due to technical failures, or for any other reason and/or at the sole discretion of Open Farm, including without limitation due to any other causes that corrupt or affect the administration, security, fairness, integrity, or proper conduct of these Sweepstakes, Open Farm reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes, or to disqualify any individual(s) who tampers with the entry process.