March 13, 2023 – April 7, 2023
Diamond Pet Foods Truth or Tail Contest Terms & Conditions
1. NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Participation in the Diamond Pet Foods Truth or Tail Contest (the “Contest”) 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 Contest is open only to legal residents of the United States. Participants must be 18 years of age or older at the time of entry. The Contest is limited to two entries per person per post for a total of 12 entries. Employees and their immediate families (spouses, parents, children and siblings and their respective spouses) of Schell & Kampeter, Inc. 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 Contest is sponsored by Schell & Kampeter, Inc. d/b/a Diamond Pet Foods with an address at 103 N. Olive, Meta, MO 65058 (“Sponsor”).
4. CONTEST TIMING: The Contest begins at 11:00 a.m. CDT on 3/13/2023 and ends at 11:00 a.m. CDT on 4/7/2023 (the “Contest Period”). Eligibility for entry into the Contest 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 Contest.
5. HOW TO ENTER: Fans can enter the Contest on Facebook by commenting whether they think the statement on any of the contest posts is true or false (or “Truth” or “Tail”). Fans can enter the Contest on Instagram by following @diamondpetfoods and commenting whether they think the statement on any of the contest posts is true or false (or “Truth” or “Tail”). On both Facebook and Instagram, fans can gain one entry per contest post, and an additional entry can be received per post by tagging a friend in the comments. Receipt of entries 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 (5 prizes): Five winners will receive a matching best friend collar (cat winners) or bandana (dog winners) and bracelet set and a voucher for a free bag of Diamond®, Diamond Naturals® or Pro89® dog or cat food. Winners will be announced and contacted at the end of the Contest and have 30 days 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 Contest, including but not limited to federal, state and local income taxes, is 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 nonassignable and non transferable and may not be redeemed for cash. Odds of winning will be dependent upon the number of entries received.
7. DISCLAIMER: If for any reason the Contest 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 Contest, 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 Contest. In the event of early termination or cancellation of the Contest, Sponsor may, in its sole discretion, choose not to award the prize. Sponsor reserves the right to cancel the entry period of the Contest if any aspect of the Contest becomes technically corrupted and determine the Contest 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 CONTEST 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 Contest or the awarding of prizes. Winners assume all liability for any injury or damage caused, or claimed to be caused, by participation in the Contest or use or redemption of prize.
8. RELEASE: By submitting an entry, you hereby grant the Sponsor, its affiliates, subsidiaries, assigns, licensees and legal representatives the irrevocable, perpetual, worldwide right to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon and promote the entry (as such may be edited and modified by the Sponsor in its discretion) for editorial, commercial, promotional and all other purposes (including posting on any websites). You represent and warrant that i) the entry does not and shall not infringe on any copyright or trademark or any other third-party right nor violate any applicable law or regulation, and ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright, trademark and other related rights to the entry, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity. You waive any right to inspect or approve uses of the entry or to be compensated for any such uses. You hereby release Sponsor, its affiliates, officers, directors, agents, co-branders or other partners, and any of its employees (collectively, the “Contest Indemnitees”) and Facebook, harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Contest Indemnitees due to or arising out of your participation in the Contest, including any claims for including but not limited to trademark, copyright or other intellectual property rights, right of publicity, right of privacy or defamation. You further agree, BY SUBMITTING AN ENTRY, THE PARTICIPANT ACKNOWLEDGES THAT THE NON-IDENTIFYING DETAILS OF HIS/HER ENTRY MAY BE USED IN SPONSOR’S ADVERTISING AND MARKETING MATERIALS, IN SPONSOR’S SOLE DISCRETION. Specifically, by entering the Contest, the participant agrees that the Sponsor and its representatives, and those acting under the authority of the Sponsor or its representatives, may use (or refrain from using) information from the participant’s entry, anonymously, for any and all advertising and promotional purposes in any and all media now known or hereafter invented (including but not limited to digital and print media) without territorial or time limitations and without further consideration, at the sole discretion of the Sponsor, unless prohibited by law, in conjunction with this Contest and similar promotions without notice to the participant. Notwithstanding the above, Sponsor will never use the participant’s identifying information, such as his/her full name or specific address, but may use the participant’s location information. By way of example, Sponsor may use the following in its marketing materials: “Bob S. from Washington, D.C., won a Diamond Pet Foods package.” The participant will have no right of approval, no claim to any compensation, or no claim arising out of the use, alteration, distortion, or illusionary effect or use in any composite form of the participant’s entry. By submitting an entry, the participant agrees that the submission is gratuitous and made without restriction, and will not place the Sponsor under any obligation. Sponsor is free to disclose the ideas contained in the entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to the participant. Participant acknowledges that by acceptance of his/her entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than the participant.
9. 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 Contest 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 Contest, 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 Contest, 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.
This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram.