1. NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
Participation in the Diamond Pet Foods Answer. Enter. Win! Giveaway (the “Giveaway”) constitutes entrant’s full and unconditional agreement to, and acceptance of, these Official Rules and the decisions of the Sponsor, which are final and binding.
2. ELIGIBILITY: The Giveaway is open only to legal residents of the United States, 18 years of age or older at the time of entry. The Giveaway is limited to one entry per month. Employees and their immediate families (spouses, parents, children and siblings and their respective spouses) of Schell & Kampeter, Inc. d/b/a Diamond Pet Foods and each of their respective parent companies, sponsors, affiliates, distributors, subsidiaries and advertising/promotion agencies and/or those living in the same household of each such employee are not eligible. Subject to all applicable federal, state, provincial and local laws and regulations. Void where prohibited by law.
3. SPONSOR: The Giveaway is sponsored by Schell & Kampeter, Inc. d/b/a Diamond Pet Foods with an address at 103 N. Olive, Meta, MO 65058 (“Sponsor”).
4. GIVEAWAY TIMING: The Giveaway begins at 6:00 p.m. CDT on 11/8/2022 and ends at 11:59 p.m. CDT on 12/12/2023. Eligibility for entry into the Giveaway will cease at the applicable time and date, and all entries received thereafter will be considered disqualified and will be ineligible for participation. If Sponsor does not receive your entry for any reason, or if your entry is not entered correctly, the entry will be invalid, and you will be ineligible to participate or win. Sponsor’s clock will be the official clock of the Giveaway.
5. HOW TO ENTER: You may access the Giveaway through the Diamond Pet Foods “The Scoop” Newsletter. To enter, respond to the “Answer. Enter. Win!” pod of the newsletter each month.
All entries become the sole and exclusive property of Sponsor. Receipt of entry may not be acknowledged and proof of submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for and shall not be liable for late, lost, misdirected, unsuccessful, damaged, postage-due, stolen or illegible entries for any reason. Entries that are invalid or incomplete are not eligible and will not be accepted. Sponsor reserves the right in its sole discretion to reject any entry for failure to fully comply with these official rules.
6. PRIZE (12 prizes): There will be twelve winners. All twelve winners will receive a Diamond baseball hat. Winners will be contacted following the conclusion of the Giveaway and have 30 days from when they are contacted to provide the information necessary for fulfillment of the prize.
The reporting and payment of all tax liabilities incurred by any winner as a result of the Giveaway, including but not limited to federal, state and local income taxes, are the sole responsibility of the winner. All federal, state and local laws and regulations apply. The winner is solely responsible for all other fees or costs associated with the prize received, regardless of whether it, in whole or in part, is used. The winner may be required to provide his/her Social Security Number for tax reporting purposes. The winner may also be required to complete an IRS 1099-MISC form for the value of the prize and return it to Sponsor. The prize is awarded AS IS and WITHOUT WARRANTY OF ANY KIND, expressed or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. The winner may waive his/her right to receive the prize. No substitution of the prize will be permitted, except by Sponsor, which may substitute a prize of equal or greater value if the advertised prize becomes unavailable. The prize is non-assignable and non-transferable and may not be redeemed for cash. Odds of winning are dependent upon the number of entries received.
7. DISCLAIMER: If for any reason the Giveaway is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of the Sponsor that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Giveaway, Sponsor reserves the right, in its sole discretion, to disqualify any individual (and all of his or her entries) who tampers with the entry process and/or to cancel, terminate, modify or suspend the Giveaway. In the event of early termination or cancellation of the Giveaway, Sponsor may, in its sole discretion, choose not to award the prize. Sponsor reserves the right to cancel the entry period of the Giveaway if any aspect of the Giveaway becomes technically corrupted and determine the Giveaway winner from entries received prior to cancellation. The Sponsor reserves the right, in its sole discretion, to disqualify any individual who violates the Official Rules, or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Sponsor and its agencies and each party’s respective affiliates, officers, directors, agents and employees will have no liability or responsibility for any claim arising in connection with participation in the Giveaway or the awarding of prizes. Winners assume all liability for any injury or damage caused, or claimed to be caused, by participation in the Giveaway or use or redemption of prize.
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8. GOVERNING LAW AND JURISDICTION: Except where prohibited, all participants agree that (i) any and all disputes, claims and causes of action arising out of or in connection with the Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a state or federal court having venue in Osage County, Missouri; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, if any; and (iii) under no circumstances will participant be permitted to obtain awards for, and participant 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 participant and the Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Missouri, without giving effect to any choice of law or conflict of law rules (whether of the State of Missouri or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Missouri.
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