By entering into the Diamond Pet Foods Pet Pals Program agreement (the “Program”), individuals acknowledge and agree to the terms and conditions outlined herein. This collaboration does not constitute an ongoing partnership, but rather a one-time agreement for video and photo content of your pet(s) in exchange for branded Diamond Pet Foods swag and two vouchers each redeemable for one free bag of pet food. By filling out this agreement, you agree to these terms and conditions and the official guidelines for the collaboration, which are final and binding.
ELIGIBILITY: This Program is open only to legal residents of the United States, excluding U.S. territories and possessions, 18 years of age or older at the time of participation. 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.
SPONSOR: The Program is sponsored by Schell & Kampeter, Inc. d/b/a Diamond Pet Foods with an address at 103 N. Olive, Meta, MO 65058 (“Sponsor”).
FILMING GUIDELINES: UGC Collaborators are expected to adhere to specific guidelines and expectations outlined in this agreement. UGC Collaborators should refrain from filming any content that features other brand logos; any other pet food or treat brands; drugs, alcohol and other sensitive human paraphernalia (guns, knives, condoms, birth control pills, etc.); controversial collars or training methods (shock collars, choke collars, pinch collars or AirTags); food with supplements or additional added ingredients; individuals who may have not consented to being photographed; pets in circumstances that could be deemed unsafe or inappropriate; and pets with cropped ears or tails. We also ask that UGC Collaborators abide by the following shooting guidelines: 1) Declutter and clean the background to draw attention to the subject. 2) Always ensure pets are wearing a collar or harness while outside or around any area where it is needed. 3) If people are in the footage, ensure their outfits are clean, well-fitting and wrinkle-free. 4) Avoid harsh shadows and high saturation when the sun is out by shooting between 11 a.m. and 2 p.m. When recording indoors, ensure adequate lighting — watch out for harsh shadows or low light, and use natural lighting when possible. Specific shot lists will be sent to creators to adhere to prior to filling out this agreement. Video content must be high resolution and should be filmed vertically with an aspect ratio of 1080×1920 pixels. Clips that are grainy, blurry or choppy will not be accepted.
CONTENT DISTRIBUTION & COMMUNICATIONS: All communications between the UGC Collaborator and Sponsor will take place either with the Sponsor’s official social media pages (@DiamondPetFoods on Instagram or Threads, @DiamondPetFoodsCompany on Facebook) or via the Sponsor’s outreach email, diamondpetfoodoutreach@wearewoodruff.com. UGC Collaborators should send all video and photo content either via social media direct messages to the official Diamond Pet Foods accounts or in a ZIP file to the outreach email within 10 days of receiving the first package. Once all content has been received by the Sponsor, the Sponsor will confirm receipt of the content. If the Sponsor deems that not enough of the content is usable or meets the standards outlined in the filming guidelines, they may request that the UGC Collaborator resubmit clips in order to receive their second voucher. Upon receipt, the content becomes the property of Diamond Pet Foods to use in any marketing materials with credit to the original filmer. When applicable, content will be credited to the original user’s Instagram or Threads account or credited via first name and last initial if received through other channels. If content is not received by the communicated deadline, the brand will notify the UGC Collaborator that they are no longer eligible to receive the second voucher. Content that is mutilated, tampered with, illegible, invalid or incomplete is not eligible and will not be accepted. Sponsor reserves the right in its sole discretion to reject any submissions for failure to fully comply with these official terms.
SWAG AND VOUCHER DISTRIBUTION: Upon filling out this agreement, UGC Collaborators will receive a package with Diamond Pet Foods-branded swag items and the first voucher for a free bag of [Diamond®, Diamond Naturals® or Diamond Pro89®] pet food. Vouchers can be redeemed at most physical Diamond Pet Foods retailers, which can be located at dpf.pet/where-to-buy. Once the final content has been received by the Sponsor, the second voucher will be mailed and UGC Collaborators will be notified when they can expect the second voucher to arrive. No substitution of the swag or vouchers will be permitted. The items are nonassignable and nontransferable and may not be redeemed for cash.
RELEASE: In this agreement, “content” includes but is not limited to photos, graphics, images, videos, reviews, testimonials, Facebook or Instagram stories, or information about the UGC Collaborator and their pet(s) that they have willingly shared. It does not include private or sensitive information. By replying to us with this agreement, UGC Collaborator grants to Diamond Pet Foods and its affiliates a non-exclusive, perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free license to modify, copy, reproduce, publish, add to, edit, exploit and otherwise use the image, video or statement in any form (including, without limitation, video, internet posting, reproduction, email, website, publication and distribution), for any purpose, including, without limitation, for advertising, promotional, trade, commercial or any other purposes and without further review, notice, approval, consideration or compensation. You represent and warrant that 1) you own any and all copyright(s) to the images, videos and statements, 2) that you have all the necessary rights or permissions to allow Diamond Pet Foods to use the images and statements. You also agree to indemnify and hold Diamond Pet Foods harmless from and against any third-party claims, losses, damages, liabilities, costs and expenses (including reasonable attorney’s fees) related to any breach of these representations and warranties, and 3) to the best of your knowledge, all laws and local rules and guidelines are being followed and represented in this image. You also hereby release and discharge Diamond Pet Foods, its employees, agents, successors, licensees and assigns from any and all claims you might have in connection with our use of the images, videos and statements, including, without limitation, any claims for copyright, trademark, defamation, violation of any moral or artist right, and/or any right of privacy or publicity.
You grant Diamond Pet Foods and its affiliates the right to use your name, your pet’s name(s), images, likeness, voice, photograph and/or video in connection with Diamond Pet Foods’ use of your images, videos or statements, without restriction as to frequency, duration, country or territory, and without further review, notice, approval, consideration or compensation, except as prohibited by law.
GOVERNING LAW AND JURISDICTION: Except where prohibited, all UGC Collaborators agree that (i) any and all disputes, claims and causes of action arising out of or in connection with the Program or any items gifted 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 agreement, if any; and (iii) under no circumstances will UGC Collaborator be permitted to obtain awards for, and UGC Collaborator 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 UGC Collaborator and the Sponsor in connection with the agreement, 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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