Hartz Sponsored Promotions-
NO PURCHASE NECESSARY TO ENTER OR WIN. Each sweepstakes (a “Sweepstakes”) or contest (a “Contest”, and collectively with Sweepstakes, each a “Promotion” and collectively, “Promotions”) announced on any social media or on the website www.hartz.com or via any other medium now existing or which may exist in the future by The Hartz Mountain Corporation (the "Sponsor") from time to time, whether a single event or a repeating event, shall be subject to these Official Rules.
1. Eligibility: Each Promotion will be held during the time period specified in an announcement (“Announcement”) from the Sponsor until such time as the Sponsor discontinues such Promotion. To enter, entrants must be 18 years of age or older at the time of entry into the Promotion and reside in the US. Entries must be posted or uploaded during the time period specified in the Announcement. Once submitted, entries are referred to herein as “Submissions.” The computer clock of Sponsor’s webmaster is the official timekeeping device of the Promotion. Employees of Sponsor, their respective subsidiaries, affiliates, promotion or fulfillment agencies, and any of their affiliated companies and suppliers, and immediate families and members of household (whether or not related) and their respective officers, employees and directors are not eligible to enter or win. Use of any robotic, automatic, programmed, or similar entry method or entering more than the number of times permitted will void all entries and result in disqualification. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules.
Sweepstakes are a promotional drawing in which prizes are given away at random at no charge to the entrants. Some Sweepstakes may give Prizes based on the order of the receipt of the eligible entry: for instance, entrants 100, 110 and 120 will receive Prizes. Other Sweepstakes may give Prizes in a random drawing from all eligible entries. Each Sweepstakes is conducted at no cost to the participant.
Contests are a promotion based on skill and winners are selected by judges based on clearly defined criteria that will be described in an Announcement. For instance, if the Announcement requires the entrant to submit a photograph or series of photographs, the judges (who may be employees of the Sponsor or of the Sponsor’s agent) will evaluate the clarity, composition, quality and artistry of the following: the photograph as a whole, the pet depicted in the photograph, the Hartz product depicted in the photograph, and any other criteria specified in the Announcement. Other Contests may ask you to disclose information about your interaction with your pet, such as favorite moments inside or outside, as will be specified in the Announcement. The judges will evaluate the story for clarity, composition and artistry. Each Contest is conducted at no charge to the entrants.
For certain Promotions, each entrant must complete an entry form that may contain questions. These questions may ask about the type of pet you have, the size of the pet, the type of toys or treats your pet prefers, the number of people in your household, or how you might interact with your pet. For other Promotions, each entrant might be required to have a personal, public Instagram or Facebook account to qualify. Certain Promotions are open only to Hartz Insiders.
The Announcement shall contain details about the type of Promotion.
3. Prizes: the value of the Prizes shall range from $20.00 to $100.00 USD, as will be stated in the Announcement.
Sweepstakes: The winning entries will be selected in a random drawing after the time period the Sweepstakes runs from all eligible entries received during the Sweepstakes period. The Announcement shall indicate the number of winners and how the winners are drawn.
Contests: The winning entries will be selected by the panel of judges based on the criteria set forth in the Announcement after the time period the Contest runs from all eligible entries received during the Contest period.
The winners will be contacted via the method outlined in the Announcement and asked to provide their first and last name, physical address, telephone number and sex and size of pet. Within fifteen (15) days after the Sponsor receives all of the requested information from each winner, each winner will be sent the prize set forth in the Announcement, depending upon the sex of the and size of the pet. No transfer or substitution of any Prize is allowed except by the Sponsor in its sole discretion.
4. Taxes: Any tax liabilities are solely the responsibility of each winner.
5. Interpretation: Sponsor shall be deemed sole interpreter of the rules and conditions governing the Promotion. By participating, entrants acknowledge and agree to be bound by these Official Rules and that the decisions of the Sponsor and the panel are final.
7. Elimination: Any false information provided within the context of the Promotion by any entrant concerning identity, postal address, telephone number, email address, ownership of right or non-compliance with these rules or the like may result in the immediate elimination of the entrant from the Promotion. Sponsor further reserves the right to disqualify any entrant that it believes, in its sole and unfettered discretion, has infringed upon or violates the rights of any third party or otherwise does not comply with these Official Rules. Return of any Prize notification as undeliverable will result in automatic disqualification, and an alternate winner will be selected by Sponsor.
8. Permission and Publicity Release: By entering the Promotion, each entrant grants an exclusive, worldwide, perpetual, fully-paid, royalty-free, freely transferable license to the Sponsor and its agencies to post the Submission on the Sponsor’s social media or any other media. By accepting the Prize, a winner grants an exclusive, worldwide, perpetual, fully-paid, royalty-free, freely transferable license to the Sponsor and its agencies to use, reproduce, distribute, create derivative works of, publicly perform, and publicly display the winning Submission and the winner’s first name, city, state, portrait, picture, voice, likeness, image, and statements about the Submission for all purposes in any and all media now known and later devised, without further notice, review, consent or compensation, except where prohibited by law. Each winner waives all claims that it may have to its moral rights in its Submission.
9. Indemnification: Each entrant certifies that their Submission is original, that they are the sole and exclusive owner and right holder of the Submission and that they have the right to submit the Submission in the Promotion. Each entrant agrees to indemnify and hold the Sponsor, their subsidiaries and affiliates and their respective directors, officers, employees, agents and assigns, harmless against any and all claims, costs, damages, attorneys’ fees, expenses, any amounts and any liability arising out of acceptance, use or misuse of the Prize, which indemnity shall survive indefinitely.
10. General Rules: Sponsor reserves the right at any time to modify, change or revise any of these Official Rules. Every Promotion is void where prohibited, taxed or restricted by law. All federal, state and local laws and regulations apply.
11. 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. Each entrant understands that Sponsor is relying on this Agreement and will incur significant expense in reliance on this Agreement, and each entrant agrees that this Agreement cannot be terminated, rescinded, or modified, in whole or in part.
12. Limitations of Liability: The Sponsor assumes no responsibility for any technical malfunctions that may occur during participation in the Promotion or any Promotion-related activity. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing (including, without limitation, any such problems which may result in the inability to access social media or the website(s)). The Sponsor are not responsible for any injury or damage to entrants or any other person, or to any computer related to or resulting from participating in the Promotion. If, for any reason, the Promotion 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 the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion in whole or in part (including, without limitation, any Promotion date or deadline) and select winners from among those eligible entrants from that portion of the Promotion that has not been compromised, if any.
IN NO EVENT WILL THE SPONSOR BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS), ARISING OUT OF OR IN CONNECTION WITH THE PROMOTION.
13. Jurisdiction and Venue: Except where prohibited, as a condition of participating in the Promotion, each entrant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Promotion, or any Prize awarded, or the determination of winners shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will any entrant 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-pocket expenses (e.g., costs associated with entering the Promotion), and each entrant further waives all rights to have damages multiplied or increased. All issues, questions, rights and obligations of entrant in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the State of New Jersey, U.S.A., without giving effect to the conflict of laws rules thereof and any matters or proceedings as set forth in these Official Rules, shall take place in the County of Hudson, New Jersey. The parties waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or any Promotion.
14. Social Media: Each Promotion is in no way sponsored, endorsed, administered by or associated with Facebook or with Instagram. To the fullest extent permitted by applicable law, each entrant hereby (i) irrevocably waives all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, "Claims") arising directly or indirectly from the Sponsor’s exercise of its rights under this Agreement or the production, exhibition, exploitation, advertising, promotion, or other use of the Submission and the rights granted in Section 8, and whether resulting in whole or in part by the negligence of Sponsor, Facebook, Instagram or any other person (“Authorized Persons”), (ii) covenants not to make or bring any such Claim against any Authorized Persons, and forever releases and discharge the Authorized Persons from liability under such Claims.
15. Winner’s List: To obtain the name of the Winners for any Promotion, send a self-addressed, stamped envelope to the Sponsor.
Sponsor: The Hartz Mountain Corporation, 400 Plaza Drive, Secaucus, NJ 07094, Attention: Marketing Department.