bSerene and CATWATER February 2022 Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.
1. SWEEPSTAKES TIMING: The bSerene and CATWATER February Sweepstakes (the “Sweepstakes”) entry period begins on “February 3rd, 2022” at 12:00:01 p.m. Eastern Time (“ET”) and ends on “February 17th, 2022” at 11:59:59 p.m. ET (the “Entry Period”). All Eligible Entries will be reviewed for compliance with these Official Rules (“Official Rules”) and, if compliant, will be made available for the Sweepstakes. A random drawing will be conducted on or about “February 17, 2022” at 11:59:59 pm EST to select one (1) prize-winning entry (“Winner”). The Sponsor’s database clock will be the timekeeper for the Sweepstakes.
Entry in the Sweepstakes does not constitute entry into any other promotion, contest, or sweepstakes. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of H&C Animal Health, LLC, 18403 Longs Way, Unit 102, Parker, Colorado (the “Sponsor”) whose decisions shall be final and legally binding in all respects and not subject to further review in any forum.
2. ELIGIBILITY: Open to legal residents of the 50 United States and the District of Columbia, at least eighteen (18) years of age or the age of majority in the state you reside, whichever is older at the time of entry (“Entrant”). Sponsor and each of its companies, subsidiaries, advertising and promotion agencies, and any and all other companies associated with the Sweepstakes (collectively, the “Promotion Entities”), and each of their immediate family members and/or people living in the same household are not eligible to participate. All eligibility is subject to all federal, state and local laws and regulations. All entries submitted are the property of the Sponsor. The Sweepstakes shall be void where prohibited or restricted by law.
3. HOW TO ENTER:
Each Instagram and Facebook Entrant must be an active holder of a non-private account to be eligible to enter the Sweepstakes via social media (i.e., Entrant must make sure his or her posts are set to “public” and not “private”). NOTE: Any photo/video posted on Instagram or Facebook that Includes or depicts any logo e.g. on clothing, hats, background, etc., or contains an image of any celebrity or contains other people in the photo/video will not be an eligible entry.
There are multiple social media activities you may select to enter this Sweepstakes.
ACTIVITIES YOU MAY SELECT (each activity earns one (1) Sweepstakes entry):
a. Comment on a sweepstakes post on Sponsor’s Facebook page
a. Post a photo or video of your pet (dog/cat) on Sponsor’s Facebook page along with the hashtag #bSerenesweepstakes and/or #catwatersweepstakes
b. Like or comment on a sweepstakes photo or video on Sponsor’s Facebook page
c. Post a short story about your pet (dog/cat) on Sponsor’s Facebook page along with the hashtag #bSerenesweepstakes and/or #catwatersweepstakes
ACTIVITIES YOU MAY SELECT (each activity earns one (1) Sweepstakes entry):
b. Comment on a sweepstakes post on Sponsor’s Instagram Page along
c. Post a photo or video of your pet (dog/cat) on Sponsor’s Instagram page along with the hashtag #bSerenesweepstakes and/or #catwatersweepstakes
d. Like or comment on a sweepstakes photo or video on Sponsor’s Instagram page
e. Post a short story about your pet (dog/cat) along with the hashtag #bSerenesweepstakes and/or #catwatersweepstakes
Your Eligible Entry must comply with these Official Rules and may not contain any of the Prohibited Content set forth below.
Limit: One (1) entry per person per social activity per day (ET) during the Entry Period.
You may also enter for one (1) chance to win the Sweepstakes via mail. To enter the Sweepstakes by mail, handprint your first and last name, street address, city, state, zip code, daytime telephone number and email on a postcard and mail your completed postcard with the above-stated required information to: ATTN: SOCIAL MEDIA TEAM c/o H&C Animal Health, LLC, 18403 Longs Way, Unit 102, Parker, Colorado (each, a “Mail-in Entry”). By correctly completing the foregoing, you will receive one (1) Mail-in Entry into the Promotion subject to the terms of these Official Rules. ALL MAIL-IN ENTRIES MUST BE POSTMARKED DURING THE ENTRY PERIOD AND RECEIVED BEFORE “February 17th, 2022”. Sponsor is not responsible for any lost or misdirected Mail-in Entries. Illegible or incomplete Mail-in Entries and mechanically reproduced Mail-in Entries will be disqualified. Moreover, false, fraudulent or deceptive Mail-in Entries or acts shall render Mail-in Entry participants ineligible.
Proof of delivery or receipt of entry will not be deemed by the Sponsor as proof of entry into the Sweepstakes. All entries become the sole property of Sponsor. Entries will not be acknowledged or returned. All entries are subject to verification and approval by the Sponsor. Entries that do not meet the requirements specified herein will be disqualified. Any attempted form of entry other than as described herein is void. Sponsor will determine in its sole discretion, what constitutes a valid entry.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ACROSS ANY OR ALL OF THE SPONSOR’S AND OTHER RELEASED PARTIES’ DIGITAL AND SOCIAL ASSETS, AT THE SPONSOR’S DISCRETION. Submission of an entry grants the Sponsor and its agents the right to publish, use, adapt, edit, publicly perform and/or modify such entry in any way, in any and all media, including for use in advertising and marketing, without limitation, and without consideration to Entrant.
Entries must not violate the rights of any other party, including but not limited to intellectual property rights or rights of privacy/publicity.
Entry submissions may not contain, as determined by the Sponsor, in its sole discretion, any material or content that:
a) is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
b) promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
c) includes obscene or offensive messages; endorsement of any form of hate or hate group; duplication of any other photo submission;
d) promotes terrorist acts, such as providing instructions on how assemble bombs, grenades and other such weapons or providing instructional information about illegal activities;
e) defames, misrepresents or contains disparaging remarks about Sponsor, its customers or products or other people or companies;
f) includes personal identification, such as personal names or e-mail addresses;
g) includes messages or images inconsistent with the positive images and/or good will to which the Sponsor wishes to associate;
h) infringes the rights of any third party; and/or
i) violates any law;
Entrant’s Representations: By entering the Sweepstakes you represent and warrant that (a) the submission is Entrant’s original work product and does not infringe the rights of any third party, (b) publication of the submission via various media will not infringe the rights of any third party and (c) the submission has not been previously published in any medium. Each Entrant will indemnify and hold harmless Sponsor and other Released Parties (defined below) from any claims to the contrary. Any Entrant whose work includes likenesses of third parties or contains elements not owned by Entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including the Sponsor’s use of such entry, in a form satisfactory to the Sponsor, upon request, prior to awarding of prize.
Entry Notes: Entrant will be able to review his or her entry prior to submission, but once any entry is submitted, Entrant cannot access/revise such entry in any way. Entries made on another’s behalf by any individuals or other entities, including but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for the Sweepstakes. 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. By entering, all Entrants release the Sponsor, Instagram and Facebook, and their parent, subsidiary and affiliated entities including, all of their respective shareholders, officers, directors, employees, agents, contractors, attorneys, successors and assigns (the “Released Parties”) from and against all claims and damages arising out of or in connection with each Entrant’s participation and/or entry in the Sweepstakes and/or his/her receipt or use of the prize awarded in the Sweepstakes.
4. PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS OF WINNING:
One (1) Prize: The winner will receive the following:
H&C Animal Health products consisting of:
• Two (2) 16.9-ounce bottles of CATWATER, one (1) bSerene Calming Spray, and one (1) bSerene Calming Chews -
Approximate retail value of one (1) 16.9-ounce CATWATER is $2.49, two (2) is $4.98
Approximate retail value of one (1) bSerene Calming Chews is $6.07
Approximate retail value of one (1) bSerene Calming Spray is $11.91.
Approximate retail value of all prizes is $22.96.
LIMIT: One (1) prize per person or household.
Winner is solely responsible for any expenses beyond the Prize’s ARV, including any utilization costs. Prizes are subject to, and Winner is responsible for, all applicable local, state, and/or federal taxes and fees. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). An unclaimed and/or unused Prize will remain the property of Sponsor.
Odds of winning the Prize will depend on the number of entries, including Mail-in Entries, received by Sponsor during the Entry Period.
A random drawing will be conducted by the Sponsor on or about “February 18th, 2022” from all eligible entries received during the Entry Period.
6. WINNER NOTIFICATION: The Sweepstakes Winners will be notified via email or by direct message or by phone, by the Sponsor requesting confirmation of the winner’s name, email address and mailing address. If a potential Winner fails to respond to any notification attempt within 72 hours, or if any attempted notification or prize delivery is returned as undeliverable, or if a potential Winner fails to respond to any Sponsor requested information within the specified time period, the potential Winner may be disqualified and an alternate winner may be selected. Once eligibility has been verified and the Sponsor receives the prize Winner’s requested information, the Sponsor will arrange to award the Prize. Prize Winner must reply with all required information in order to receive their Prize.
7. PUBLICITY RELEASE/ASSIGNMENT OF RIGHTS: Entry constitutes permission for the Promotion Entities to use Entrant’s entry materials, name, photograph, likeness, voice, biographical information, statements and complete address (collectively, the “Attributes”), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Promotion Entities from all claims arising out of the use of such Attributes.
Submission of an entry grants the Sponsor and its agents the right to record, copy, publish, use, edit, exhibit, distribute, perform, merchandise, license, sublicense, adapt and/or modify such entry in any way, in any and all media, without limitation and without any compensation to the entrant. Submission of an entry further constitutes the entrant’s consent to irrevocably assign and transfer to Sponsor any and all rights, title and interest in the entry, including, without limitation, all copyrights.
8. DISQUALIFICATION: CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS GIVEAWAY OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to have tampered with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to disparage, annoy, abuse, threaten or harass any other person. No incomplete, forged, software-generated or other automated multiple entries will be accepted. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
9. LIMITATION OF LIABILITY: None of the Released Parties shall be held responsible for, and Entrant hereby releases the Released Parties from any claims arising from or in any way relating to: (i) late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information or technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Sweepstakes; (iv) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; (v) any injury or damage to persons or property, including but not limited to Entrant’s computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes (vi) use of any prize and (vii) the outcome of the Sweepstakes.
The Sweepstakes is in no way sponsored, endorsed, administered by or associated with Facebook or Instagram. You are submitting your information to Sponsor and not Facebook or Instagram.
11. DISPUTES: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the federal or state courts located in the State of Colorado (and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of any kind arising under or relating to these Official Rules), (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (3) unless otherwise prohibited, under no circumstances will Entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules principles (whether of the State of Colorado or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Colorado.
12. WINNERS LIST: To obtain the name of the Winners, send a self-addressed stamped envelope to: ATTN: SOCIAL MEDIA TEAM c/o H&C Animal Health Winners “February” 18403 Longs Way, Unit #102, Parker, CO 80134. All such requests must be received within 30 days of the Sweepstakes ending date.