1. Eligibility: The Merial 2009 “Say No to Fleas” Clinic Merchandising Sweepstakes (“Sweepstakes”) is open only to veterinary clinics located in any one (1) of the fifty (50) United States or the District of Columbia that: (i) have a small animal account with Merial Limited (“Sponsor”) as of April 21, 2009; and (ii) employ a veterinarian licensed in the U.S. in the state in which the clinic is located. Void where prohibited. All federal, state, and local laws and regulations apply. By participating in this Sweepstakes and as a condition of entry, each clinic agrees to these Official Rules and the decisions of Sponsor and Armstrong Partnership LP (“Armstrong”), which are final and binding in all respects, including interpretation of these Official Rules and awarding of the prizes.
2. How To Enter: THERE ARE TWO WAYS TO ENTER
To enter by submitting a photograph, use the fully-stocked FRONTLINE® Product Display Unit and FRONTLINE “Say No to Fleas” sign provided by Sponsor in your clinic and take a photograph of both the display unit and sign as used in your clinic (“Photograph”). Beginning at 12:00:00 a.m. ET on May 15, 2009, and ending at 11:59:59 p.m. ET on June 15, 2009 (the “Promotional Period”), visit www.saynotofleas.com (“Web Site”) and follow the onscreen instructions to upload your clinic’s Photograph and complete and submit the online entry form, including your clinic’s name, complete address including zip code, telephone number including area code and small animal account number, as well as the full name of an authorized contact for your clinic. To earn one (1) bonus entry (limit of five (5) bonus entries per clinic), entering clinic may submit a separate photograph depicting one (1) of the following (each also a “Photograph”): the FRONTLINE “Say No to Ticks” sign as displayed in the entering clinic; the FRONTLINE “Say No to Fleas” header card as displayed in the entering clinic; the FRONTLINE “Say No to Fleas” brochure as displayed in the entering clinic; the FRONTLINE “Say No to Fleas” button as worn by an employee while working at the entering clinic; or the FRONTLINE “Say No to Ticks” button as worn by an employee while working at the entering clinic. Limit of one (1) initial entry and five (5) bonus entries per clinic during the Promotional Period. Bonus entry or entries may only be earned if the clinic also obtains an initial entry as described above by submitting one (1) Photograph showing both a fully-stocked FRONTLINE Product Display Unit and FRONTLINE “Say No to Fleas” sign provided by Sponsor as used in the clinic. All FRONTLINE materials depicted in the Photographs must be those provided by and in the form provided by Sponsor. No duplicate Photographs or Photograph depictions allowed.
Photographs must comply specifically with these Official Rules, including the Photograph requirements in Section 3. To obtain a FRONTLINE Product Display Unit and “Say No to Fleas” sign, contact your Merial sales representative at 1-888-MERIAL-1. As a condition of entry, each entering clinic agrees that any Photograph or portion thereof may be published, displayed, or used in any way by Sponsor, Armstrong, or either of their licensees, assigns or agents in their sole discretion, including, without limitation, on the Internet, without any consideration, notice, review, approval, or consent, except where prohibited by law, as more fully set forth in Section 6 below.
To enter without submitting a photograph, visit www.saynotofleas.com/altentry and follow the onscreen instructions to complete and submit the online entry form for entry without a Photograph, including your clinic’s name, complete address including zip code, telephone number with area code and small animal account number, as well as the full name of an authorized contact at your clinic.
The following applies to all entries, regardless of entry method: Limit of six (6) entries per clinic during the Promotional Period, regardless of entry method. Entries must be received by Sponsor or Sponsor’s designated agent during the Promotional Period. The Web Site’s database clock will be the official timekeeper for this Sweepstakes. For purposes of this Sweepstakes, an entry is “received” when the Web Site’s servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” screen or message) does not constitute proof of actual receipt of an entry for purposes of this Sweepstakes. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor will be disqualified. Entries that are forged, altered, incomplete, garbled or generated by a macro, bot, or other automated means will not be accepted and will be void. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, without limitation, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. All entry forms become the property of Sponsor.
NO PHOTOGRAPHS (IF ANY) OR ENTRY FORMS WILL BE ACKNOWLEDGED OR RETURNED AND, IN FACT, MAY BE DESTROYED. DO NOT SUBMIT ANY IRREPLACEABLE OR ONE-OF-A-KIND PHOTOGRAPHS. ANY PHOTOGRAPH (IF ANY) OR ENTRY FORM (OR ANY PORTION THEREOF) THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE OFFICAL RULES WILL BE DEEMED INELIGIBLE.
3. Photograph Requirements:
Each Photograph must: (1) be in JPG or GIF format; (2) not contain, depict or name any individual person from whom the entering clinic has not obtained prior written permission, which it agrees to provide to Sponsor upon request; (3) not violate any agreement to which the entering clinic or any person in the Photograph is a party; (4) be originally created by and solely owned or licensed by the entering clinic; (5) other than Sponsor materials, contain no unoriginal or third party’s content unless the clinic owns or has a license to that content which permits its use as required in these official rules; (6) not contain significant commercial or corporate advertising or branding, except the entering clinic’s or FRONTLINE branding, or political, personal, or religious statements; (7) not include information or content that is profane, obscene, pornographic, indecent, defamatory, disparaging, harassing, false, fraudulent, deceptive, misleading, threatening, libelous, slanderous, trade libelous, hateful, inappropriate or injurious to any individual, Sponsor, Armstrong, or any third party; (8) not contain or include any harmful or illegal activity; and (9) must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright, trademark, trade secret, or right of privacy or publicity.
Each participating clinic agrees to indemnify the Released Parties (defined below) against any and all claims from any third party for any use or reuse by Sponsor, Armstrong, or any of their licensees, agents or assigns of its Photograph or any information contained in its entry. Sponsor reserves the right in its sole discretion to disqualify from the Sweepstakes any entry or Photograph that, in its sole discretion, refers, depicts, or in any way reflects negatively upon Sponsor, Armstrong, the Promotion, or any other person or entity or does not comply with these requirements or these Official Rules.
4. Drawings, Notification, and Odds:
DAILY PRIZE DRAWINGS: A random drawing will be conducted under the supervision of Armstrong from among all entries received as of 11:59:59 p.m. ET each day of the Promotional Period (each a “Promotion Day”) approximately seven (7) days after the end of each Promotion Day to select the winning clinics (subject to verification) for the Daily Prizes (defined below). A total of thirty-two (32) Daily Prize drawings will be conducted. Entries are cumulative and will be rolled over from day to day for the Daily Prize drawings.
Each winning clinic will be notified that it may have won a daily prize in this Sweepstakes by mail or telephone (at Sponsor’s sole discretion) within approximately ten (10) days after the drawing. There is a limit of one (1) Daily Prize per clinic for the entire Sweepstakes. Odds of winning a Daily Prize depend on the total number of eligible entries received for that drawing.
GRAND PRIZE DRAWINGS: On or about June 15, 2009, a random drawing will be conducted under the supervision of Armstrong from among all eligible entries received during the Promotional Period to select the winning clinics for the Grand Prizes (defined below), subject to verification.
Each eligible entry, regardless of whether the entrant associated with the entry won a Daily Prize, will be entered into the Grand Prize drawing. Each winning clinic will be notified that it may have won a Grand Prize in this Sweepstakes by mail or telephone (at Sponsor’s sole discretion) within approximately ten (10) days after the drawing. Odds of winning the Grand Prize depend on the total number of eligible entries received during the Promotional Period.
5. Prizes:
Daily Prizes: Thirty-two (32) winning clinics, subject to verification, will each receive one (1) check made payable to the winning clinic for $500 (each a “Daily Prize”). Approximate Retail Value (“ARV”) of each Daily Prize is $500.
Grand Prizes: Three (3) winning clinics, subject to verification, will each receive one (1) check made payable to the winning clinic for $3,000 (each a “Grand Prize”). ARV of each Grand Prize is $3,000.
Winning clinics may be required to complete, sign, have notarized and return an affidavit of eligibility and liability/publicity release and tax forms to Sponsor within fourteen (14) days of mailing of the winner documents or the prize may be forfeited. In the event of non-compliance with any of these requirements or if the documentation is insufficient, the relevant prize will be forfeited. All affidavits of eligibility and liability/publicity releases and tax forms are subject to verification by Sponsor or Armstrong. If any prize, prize notification or Sweepstakes-related communication is rejected, faulty or returned as undeliverable or if either Sponsor or Armstrong cannot reach potential winning clinic after it has made a reasonable attempt (in its sole discretion), prize may be forfeited and an alternate winning clinic may be selected.
For clarification, only the clinic wins and not any individual employee or contractor of the clinic. Total ARV of all prizes: $25,000.
6. License: By entering, except where prohibited by law, each participating clinic grants to Sponsor, Armstrong, or either of their licensees, assigns or agents in perpetuity the irrevocable, sublicensable, absolute right and permission to use, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, separate, dub, adapt, publish, combine with other material, reuse, adapt, and exploit the content of and elements embodied in its Photograph, entry, and the entry itself (collectively “Licensed Materials”), in any and all media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. Each participating clinic agrees that the licensed entities may, but are not required to, attribute the Licensed Materials to a participating clinic. Each participating clinic waives and releases the Sponsor Affiliates (defined in Section 7 below) from any and all claims that participating clinic may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the exploitation of entries without further notification or compensation to or approval of participating clinic of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor Affiliates on the grounds that any use of any entry, or any derivative works, infringe or violate any of participants rights therein.
7. General: (a) Neither Sponsor nor its parents, subsidiaries, affiliates, prize suppliers, advertising and promotion agencies (including Armstrong and its parents, subsidiaries, affiliates and agencies) and all of their respective directors, officers, employees and agents (collectively, the “Sponsor Affiliates”) are responsible for any of the following, whether caused by a Sponsor Affiliate, a clinic, or by human error: any lost, late, illegible, incomplete, stolen, mutilated, misdirected, undelivered entries, mail, or Sweepstakes-related correspondence or materials or postage-due mail; technical or mechanical malfunctions; any virus, error, omission, interruption, defect or delay in transmission or communication; interrupted or unavailable cable or satellite systems; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Sponsor Affiliates are not responsible, and may disqualify you, if your mailing address or telephone number does not work or if it is changed without prior written notice to Sponsor. Sponsor Affiliates are not responsible or liable to any entering or winning clinic or any person claiming through such entering or winning clinic for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Sponsor Affiliates’ sole control.
(b) All federal, state, local and other taxes and any and all other expenses not specified in these Official Rules as being provided as part of the prize are the sole responsibility of each winning clinic. Sponsor will not replace any lost, mutilated or stolen prizes. If winning clinic does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No prize will or may be transferred, substituted, assigned or redeemed for cash, except at Sponsor’s sole discretion, and Sponsor reserves the right to substitute a prize or portion thereof, with another prize or portion thereof, of equal or greater value for any reason, including, without limitation, if a stated prize or portion thereof becomes unavailable. All prizes legitimately claimed will be awarded.
(c) By entering the Sweepstakes, the duly authorized representative of each entering clinic grants (and agrees to confirm that grant in writing) to the Sponsor Affiliates the right to use the clinic’s and its duly authorized representative’s name, trademark, logo, picture, image, portrait, likeness, biographical information and other information about the clinic for advertising, trade, promotional, and commercial purposes, in any and all media now known or hereafter invented, devised, or discovered, worldwide and on the Internet, without review, notice, compensation, or approval, except where prohibited by law. Nothing contained in these Official Rules obligates Sponsor Affiliates to make use of any of the rights granted herein and winning clinic waives any right to inspect or approve any such use.
(d) BY PARTICIPATING, EACH CLINIC AGREES TO RELEASE, DISCHARGE, INDEMNIFY, DEFEND, AND HOLD HARMLESS THE SPONSOR AFFILIATES FROM AND AGAINST ANY AND ALL LIABILITIES, LAWSUITS, COSTS, EXPENSES AND FEES (INCLUDING ATTORNEYS’ FEES) WHATSOEVER FOR ANY INJURY, NEGLIGENCE, LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INJURY, DAMAGE, LOSS, DEATH, OR ACCIDENT TO PERSON, PET, OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY, FROM OR IN CONNECTION WITH ACCEPTANCE, AWARDING, POSSESSION, USE OR MISUSE OF A PRIZE, OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY SWEEPSTAKES- OR PRIZE-RELATED ACTIVITY.
EACH ENTERING CLINIC UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY IT. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. 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.”
(e) The Sponsor Affiliates are not responsible for any typographical or printing error in these Official Rules, advertising for this Sweepstakes, or any other materials. Sweepstakes materials and entries are void if not obtained through the authorized, legitimate channels, or if any part is defective, altered, forged, counterfeited, mutilated, or tampered with in any way, or if the Web Site contains a mechanical, technical, or other error, which will be determined in Sponsor’s sole discretion. No more than the stated number of prizes will be awarded.
(f) If this Sweepstakes is incapable of running as planned for any reason, including, without limitation, because of tampering, unauthorized intervention, fraud, human error, or any other cause that corrupts or threatens to corrupt or adversely affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, suspend, or modify the Sweepstakes.
(g) EACH WINNING CLINIC AGREES THAT THE PRIZE IS PROVIDED AS-IS AND THE SPONSOR AFFILIATES MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY OF THE PRIZES INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER NOW KNOWN OR HEREAFTER ENACTED.
(h) Sponsor reserves the right to permanently disqualify any clinic it believes has violated or attempted to violate these Official Rules. By participating in this Sweepstakes, each clinic agrees to not damage or cause interruption to the Sweepstakes and/or prevent others from participating in the Sweepstakes. Any attempt to tamper with, impair, damage, or undermine the legitimate operation, administration, security, fairness, or proper play of this Sweepstakes violates criminal and/or civil laws. If such an attempt is made or if any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that prize claimant or clinic and may seek damages and the prize claimant or clinic may be prosecuted to the fullest extent permitted by law.
(i) In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the clinic associated with the Merial account number submitted at the time of entry, but only if that clinic meets all other eligibility criteria. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible.
(j) Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), the discrepancy will be resolved in Sponsor’s sole discretion. If Sponsor determines at any time in its sole discretion that the winning clinic or potential winning clinic is disqualified, ineligible, or in violation of these Official Rules, Sponsor reserves the right in its sole discretion to select an alternate winning clinic, even if the disqualified potential winning clinic’s name may have been shown or announced on the Web Site, a winners’ list or elsewhere.
(k) Except where prohibited, as a condition of participating in this Sweepstakes, each entering clinic agrees that any and all disputes that cannot be resolved between the entering clinic and any Sponsor Affiliate, claims and causes of action arising out of or connected with this Sweepstakes, or the prize awarded, or the determination of the winning clinic must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entering clinic be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket (if any), not to exceed two hundred fifty dollars ($250), and entrant further waives all rights to have damages multiplied or increased.
8. Winners' List: For names of winning clinics, mail request with a self-addressed, stamped envelope for receipt by Sponsor by December 31, 2009, to: Merial 2009 Clinic Merchandising Trade Sweepstakes, 23 Prince Andrew Place, Toronto, Ontario M3C 2H2, or visit www.saynotofleas.com.
Sponsor: Merial Limited, 3239 Satellite Boulevard, Duluth, GA 30096-4640, USA.
®FRONTLINE is a registered trademark of Merial.
©2009 Merial Limited, Duluth, GA. All rights reserved.
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