Rules

Open Farm x Paw Giveaway

NO PURCHASE NECESSARY TO PLAY OR WIN.  PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. 

The Open Farm x Paw Self-Care Sweepstakes (the “Promotion”) is sponsored by Open Farm Inc. (“Sponsor”).  By entering the Promotion, you agree to comply with and be bound by the followingThe Open Farm x Paw Self-Care Sweepstakes Rules (the “Contest Rules”).  Please review the Contest Rules carefully.  If you do not agree to the terms and conditions of the Contest Rules in their entirety, you are not permitted to enter the Promotion.   

ELIGIBILITY: 

The Promotion is open only to individuals that are citizens or lawful permanent residents of, and living in, Canada, the United States and the District of Columbia, who are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions) and that can enter into legally binding contracts under applicable law.  The Promotion is expressly void in the Province of Quebec, Puerto Rico and where otherwise prohibited by law.  Employees, officers and directors of Sponsor, its parent, subsidiaries and affiliated companies, and each of their legal representatives, advertising, promotional, fulfillment and marketing agencies, and their immediate families (and those living in their respective households), are not eligible to participate or claim a Prize (as defined below) in the Promotion.  Entrants wishing to obtain a copy of these Contest Rules may request a printed copy by writing to: Open Farm Inc., Wellness for You & Your Furry Best Friend Sweepstakes, 170 Bedford Rd., Suite 300, Toronto, ON, M5R 2K9.  Participation constitutes each entrant’s full and unconditional agreement to Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a Prize is contingent upon fulfilling all requirements set forth herein. 

By entering the Promotion, and where you have otherwise provided the requisite consent, you agree to receive e-mail and direct mail marketing messages from Sponsor and its marketing partners (“Marketing Partners”), including: (a) Paw (“Paw”).  See the “Privacy Statements” section hereinbelow for a link to the Sponsor and Marketing Partner Privacy Policies.   

LIMITED TIME ONLY:  

The Promotion period begins at 9:00:00 a.m. Pacific Standard Time (“PST”) on November 3, 2021, and ends at 9:00:00 p.m. PST on November 9, 2021 (“Promotion Period”).  Entries must be received prior to the expiration of the Promotion Period to be eligible to win a Prize.   

HOW TO ENTER: 

1. Instagram® Entries.  In order to enter the Promotion during the Promotion Period via Instagram®, you must: (i) enter your e-mail address (“Form Registration Data”) on the designated Promotion website (“Site”); (ii) then log in to your Instagram® account or create a new Instagram® account where you do not already have one; and (iii) then follow the instructions set forth below.  After you log in to your Instagram® account, you must like the designated Promotion post on Sponsor’s Instagram® page (“Sponsor Post”) and follow each of the following Instagram accounts: @openfarmpet, @paworiginal  (collectively, “Initial Instagram® Requirements”).  Subject to any limitations, terms and conditions set forth in these Contest Rules, upon completing the Initial Instagram® Requirements, you will receive one (1) entry in the Promotion (each, an “Instagram® Entry”).  In addition, you can obtain: (A) one (1) additional Instagram® Entry where you re-post the Sponsor Post to your Instagram® Story page (“Promotion Re-Post”); and (B) one (1) additional Instagram® Entry for each Instagram® friend that you tag in your Promotion Re-Post (each, a “Tag Entry,” which shall be deemed a subset of Instagram® Entries for purposes of these official Contest Rules), up to a maximum of ten (10) Tag Entries. You will not receive any additional Tag Entries where you tag more than ten (10) Instagram® friends in your Promotion Re-Post.  Each Promotion Re-Post must include the hashtag “#SweepstakesAd” in order to be considered a valid Promotion Re-Post.  Please note that purchasing our products is entirely optional, purchases are not required to enter the Promotion and purchases will not increase an entrant’s odds of winning in any way.   Each entrant must ensure that her/his Promotion Re-Post complies with the Federal Trade Commission Guidelines Concerning the Use of Endorsements and Testimonials and Native Advertising: A Guide for Businesses, as well as the FTC’s Do you endorse things on social media? (collectively, the “FTC Guidelines”), by including any necessary caveats and disclaimers.  In connection with Instagram® Entries, entrants must at all times comply with Instagram’s® Terms of Service.  The Sponsor Instagram® Page is the official timekeeper for Instagram® Entries submitted in connection with the Promotion.      

(b)    Referral Entries.  Each entrant (each, a "Referrer") will be provided with a unique code (“Referral Code”) and unique link that can be utilized to refer prospective new Promotion entrants (“Referral Link”) via e-mail, Social Media Websites (as defined below) or other methods permitted by applicable law.  Each Referrer will receive an entry (each, a “Referral Entry”) for each unique person ("Referral") who clicks on that Referrer’s Referral Link and successfully enters the Promotion.  Already-existing Promotion entrants, and/or individuals that had previously entered the Promotion at any time, will not count as Referrals.  Limit: Each entrant may receive only three (3) Referral Entries, and any Referral Entry(ies) submitted by the same individual in excess of the three (3) Referral Entry limit will be discarded; provided, however, that the total combined number of Instagram® Entries, Referral Entries and AMOE Entries (as defined below) submitted during the Promotion Period may not exceed fifteen (15) in the aggregate. 

IMPORTANT: REFERRALS MUST CLICK THROUGH THE REFERRAL LINK IN ORDER FOR THE REFERRER TO EARN REFERRAL ENTRIES.  IF A PROSPECTIVE REFERRAL DOES NOT REGISTER TO ENTER THE PROMOTION VIA THE REFERRAL LINK, THAT PROSPECTIVE REFERRAL SHALL NOT BE CONSIDERED A REFERRAL AND THE PROSPECTIVE REFERRER WILL NOT RECEIVE A REFERRAL ENTRY. 

NO ENTRANT IS PERMITTED TO OPEN ANY ADDITIONAL, SEPARATE EMAIL ACCOUNTS, OR OTHERWISE SUBMIT ENTRIES, UNDER ALIASES IN ORDER TO ADD HER/HIMSELF AS A REFERRAL AND EARN ADDITIONAL REFERRAL ENTRIES IN CONNECTION WITH THOSE ADDITIONAL EMAIL ACCOUNTS (“SELF-REFERRAL”). 

SPONSOR RESERVES THE RIGHT TO INVALIDATE ANY PROSPECTIVE REFERRAL AND/OR ANY ASSOCIATED REFERRAL ENTRIES WHERE SPONSOR DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, THAT THE REFERRAL IS A SELF-REFERRAL AND/OR WAS THE PRODUCT OF COLLUSION, WAS GENERATED USING ANY FRAUDULENT OR DECEPTIVE METHOD, WAS GENERATED IN BAD FAITH OR WAS OTHERWISE GENERATED IN VIOLATION OF THESE RULES.  

In addition to, and without limiting, any and all obligations and restrictions set forth in these Contest Rules, you agree to the following “Referrer Requirements” in connection with your attempt to generate Referrals:  

(i)  Your activities in connection with generating Referrals (“Referral Activities”), and the text, images, content and other materials used by you in connection with same (“Creative”), must: (A) comply with all applicable federal and state laws, rules and regulations including, without limitation, the CAN-SPAM Act of 2003, as amended, and the Federal Trade Commission’s report entitled, “Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers,” as amended; (B) not infringe upon any third party intellectual property or other proprietary rights; (C) comply with the FTC Guidelines by including any necessary caveats and disclaimers including prominent disclosures that you stand to gain additional Entries in the Promotion where the prospective Referral(s) enters the Promotion; and (D) not include any language or statement to the effect that prospective Referrals must pay money or make donations in order to enter the Promotion.   

(ii)  Sponsor reserves the right to terminate your participation in the Promotion and invalidate any Entries and/or Prize(s) awarded to you for any Prohibited Conduct.  For purposes of these Contest Rules, “Prohibited Conduct” is defined as those instances where you engage in any of the following: (A) any Referral Activities via facsimile or telemarketing; (B) any Referral Activities in connection with mobile telephones or portable electronic devices via SMS, Smart Messaging, EMS, MMS or any other type of text messaging service or protocol; (C) violations of the terms of service of, or Abusing, social media websites such as Facebook®, WhatsApp®, Instagram® LinkedIn®, Pinterest® or Twitter® (collectively, “Social Media Websites”) in connection with your Referral Activities (for purposes of these Contest Rules, “Abuse” shall mean spamming, sending any unsolicited mass mailing or instant messaging, using Social Media Websites for commercial purposes, making any automated use of systems, such as using scripts to send bulletins or other communications, or any other activity that violates the applicable terms of service); (D) any unlawful activity; (E) any fraudulent or deceptive activity; and/or (F) any conduct that Sponsor reasonably objects to.  

(iii)  You shall not place any Creative in, on or through any e-mail messages or online venue that contains, promotes, references or has links to: (A) web pages with no content; (B) profanity, sexually explicit material, hate material, material that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or family status, or any other material deemed unsuitable or harmful to the reputation of Sponsor; (C) piracy (of software, videos, audio/music, books, video games, etc.) hacking/cracking/phreaking, emulators/ROMs, or distribution of copyrighted materials; (D) illegal activities or advice; (E) deceptive acts or practices; (F) violations of the rights of others, such as intellectual property or privacy rights; (G) personal web pages, free hosted pages or venues under construction; or (H) activities generally understood as Internet abuse including, but not limited to, the sending of unsolicited bulk electronic mail. 

(c)    Free Alternative Means of Entry.  As a free alternative means of entry in the Promotion, prospective entrants may obtain a certain number of entries (each, an “AMOE Entry,” and together with the Instagram® Entries, the “Entries”), by e-mailing Sponsor at: partnerships@openfarmpet.com and including all applicable AMOE Registration Data, as defined below (each, an “AMOE Entry E-mail”).  For a properly submitted AMOE Entry E-mail, the entrant shall receive fifteen (15) AMOE Entries.  To complete an AMOE Entry E-mail, entrants must include “Open Farm x Paw Giveaway Sweepstakes” within the subject line of the AMOE Entry E-mail, and the following information in the body of the AMOE Entry E-mail: (i) full name; (ii) country of residence; and (iii) e-mail address (collectively, “AMOE Registration Data”). All AMOE Entries must be received by Sponsor by 9:00:00 p.m. PST on November 9, 2021, to be entered in the Prize drawing.  Any improperly submitted AMOE Entry E-mails (i.e., any potential AMOE Entry E-mail having invalid or incomplete AMOE Registration Data) will be VOID.  Limit: Each entrant may receive only fifteen (15) AMOE Entries, and any AMOE Entry(ies) submitted by the same individual in excess of the fifteen (15) AMOE Entry limit will be discarded. 

(d)    Entry Limits/General Provisions.  The total combined number of Entries submitted during the Promotion Period per entrant may not exceed fifteen (15) in the aggregate.  So, by way of example, if an entrant obtains fifteen (15) AMOE Entries during the Promotion Period, that entrant may not also obtain any Instagram® Entries and/or Referral Entries during the Promotion Period.  Any Entries submitted in excess of this limitation will be discarded.  Multiple individuals are not permitted to share the same email address.  Any attempt by any individual to obtain more than the permitted number of Entries by using multiple/different mobile devices, identities, registrations and user-names, or any other method, will void all of that individual’s Entries and that individual will be disqualified from participating in the Promotion.  Use of any automated system to participate in the Promotion is prohibited and will result in disqualification.  Sponsor reserves the right to reject any Entry that it believes, in its sole and reasonable discretion, is fraudulent, incomplete or otherwise invalid.  Entrants who are potential Prize winners may be required to provide some or all of the following: (i) date of birth; (ii) Social Security Number; (iii) picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification; and (iv) any other information requested by Sponsor in connection with the Prize verification/award process (“Prize Winner Data,” and together with the Form Registration Data and AMOE Registration Data, the “Registration Data”).  Entrants must update their Registration Data, as necessary, to remain eligible to receive a Prize.  Sponsor is not responsible for Entries, Promotion-related e-mail, Promotion-related push notifications, claims or notices that are lost, late, illegible, misdirected, damaged, incomplete or incorrect.   

SPONSOR IS NOT RESPONSIBLE FOR REGISTRATIONS, INSTAGRAM® ENTRIES, AMOE ENTRIES, CLAIMS OR NOTICES THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT.  IF YOU FAIL TO SUBMIT AN ENTRY DURING THE PROMOTION PERIOD FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, WHERE YOU CANNOT ACCESS THE SITE AND/OR THE INSTAGRAM® WEBSITE, YOU WILL NOT QUALIFY FOR A PRIZE. 

Instagram® is a registered trademark of Facebook, Inc. (“Instagram”).  The Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram.  By entering the Promotion, you agree to fully release and hold harmless Instagram, as further detailed in the “Release” Section below. 

IDENTIFICATION OF ENTRANTS:   

Each Entry will be identified by its applicable e-mail address, as collected and stored in the Promotion Database.  For purposes of these Contest Rules, the “Promotion Database” is defined as the entire list of valid Entries generated during the Promotion Period.  Sponsor will stop accepting Entries at 8:59:99 p.m. PST on November 9, 2021.  

HOW TO WIN A PRIZE; PRIZE CONDITIONS: 

Drawings: Within thirty (30) days of the conclusion of the Promotion Period, Sponsor will randomly select, using third-party randomizer software, from all eligible Entries received by Sponsor during the Promotion Period, two (2) potential Prize winners. 

General Terms: The Prizes are subject to certain terms and conditions as specified herein.  The potential Prize winners must comply with these Contest Rules.  Failure to do so may result in forfeiture of the Prizes in their entirety.  The potential Prize winners will be notified via e-mail within ten (10) days after the winning Entries are selected (entrants should ensure that their Registration Data is accurate and up to date).  The potential Prize winners are subject to eligibility verification.  The potential Prize winners will be required to execute a notarized Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”) and return such Affidavit within ten (10) days following attempted notification.  In addition, each potential Prize winner may be required to provide picture proof of identification, which may include a driver's license, passport, voting card, or similar government-issued identification, and proof that he/she is the entrant that submitted the applicable winning Entry.     

Non-compliance within this time period may result in forfeiture of a Prize. The return of a Prize/Prize notification as undeliverable may result in forfeiture. In no event shall Sponsor be liable in any manner where a potential Prize winner has not received notification sent from Sponsor or where Sponsor fails to receive a response from a potential Prize winner within the required response period.  The winning e-mail address, as well as the associated information of the winner, must identically match the records maintained by Sponsor in order for a Prize to be awarded.  In the event of a dispute, the information maintained by Sponsor will govern.  Entries will be deemed made by the person under whose e-mail address the Entry was registered, regardless of who actually submitted the Entry.  Be sure to use your correct name and your own e-mail address.   

Sponsor is not responsible or liable to any entrant or winner (or any person claiming through such entrant or winner) for failure to supply a Prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, COVID-19 or any similar virus, disease and/or pandemic, as well as any private sector or governmental response thereto,, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control. 

PRIZE DESCRIPTION: 

(a)    Prize.  The two (2) Prize winners will each receive: (i) one (1) Open Farm gift voucher in the amount of Two Hundred and Fifty Dollars ($250), (1) Paw™ gift card in the amount of Two Hundred and Fifty Dollars ($250.00).

(b)    Prize Terms and Conditions.  The Prize winners will not receive the difference between the actual Prize value and the ARV.  The specifics of all aforementioned elements of the Prize shall be determined by Sponsor in its sole and exclusive discretion.  Some restrictions may apply.  Without limiting the foregoing, the Open Farm™ gift vouchers made available in connection with the Prizes may contain terms, conditions and restrictions as established by Sponsor, in its sole discretion. Except where otherwise stated herein, all Prizes will be delivered free of charge (or in the case of gift vouchers – emailed) to the applicable Prize winners. Sponsor will not ask Prize winners for money for shipping costs as a condition for receipt of a Prize. 

ODDS OF WINNING A PRIZE:  

The odds of winning the Prizes depend on the number of entrants participating during the Promotion Period but can be calculated by dividing the number of Prizes by the total number of Entries received. 

PRIVACY STATEMENTS:  

For a thorough recital of the Sponsor Privacy Policy, Click Here. To the extent that the Sponsor Privacy Policy, or any Marketing Partner Privacy Policy, is in conflict or inconsistent with these Contest Rules as they pertain to the Promotion, these Contest Rules shall take precedence.  

WINNERS LIST:  

To request written confirmation of the Prize winner, send a self-addressed stamped envelope to: Open Farm Inc., Open Farm x Paw Giveaway, 170 Bedford Rd., Suite 300, Toronto, ON, M5R 2K9. 

TAX INFORMATION:  

Federal, state and local taxes, and all similar fees and assessments, are the responsibility of the Prize winners.  Sponsor reserves the right to withhold taxes from the winning Prizes, as appropriate.  Where required by law, Sponsor will issue a form 1099-MISC for Prize winners in the amount of the subject Prizes. 

NO SUBSTITUTION OF WINNERS:  

The Prizes are non-transferable, and no substitution or transfer of the Prizes will be accommodated or permitted, other than as expressly set forth herein or in Sponsor’s sole discretion. Sponsor reserves the right to substitute any Prize, or any portion thereof, for a substitute of equal or greater value for any reason.   

PUBLICITY:  

Other than for residents of the State of Tennessee and where otherwise prohibited by law, Promotion entry constitutes permission for Sponsor ‌to‌ ‌reproduce,‌ ‌display,‌ ‌perform,‌ ‌distribute‌ ‌and‌ ‌otherwise‌ ‌use‌ entrant’s name and likeness ‌in‌ ‌connection‌ ‌with‌ promoting Sponsor, Sponsor’s products and/or Sponsor’s online venues in any and all forms of marketing and promotional material including, without limitation, email marketing, online ads, social media ads, as well as printed extracts and reproductions of any portion thereof.  

RELEASE:  

By entering the Promotion, each entrant agrees to release and hold harmless Sponsor, the Marketing Partners, Instagram and their respective representatives, affiliates, subsidiaries, parents, agents, and their respective members, officers, directors, employees and agents (collectively, “Covered Parties”) from and against any and all liability for any injuries, loss or damage of any kind arising from, or in connection with, the Promotion (including the Prizes) including, but not limited to, liability arising from copyright infringement, improper use of likeness, personal injury, death, damages or monetary loss.  Restrictions, conditions and limitations apply.  By entering, each entrant further agrees that, in the event that there is any conflict or other inconsistency between the Contest Rules and any advertisements, promotional or marketing materials, e-mails or announcements relevant to the Promotion, these Contest Rules will govern. 

CHOICE OF LAW/DISPUTE RESOLUTION/CLASS ACTION: 

These Contest Rules shall be treated as though they were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles).  The parties/Covered Parties hereby agree to arbitrate all claims that may arise under and/or relate to the Promotion and/or these Contest Rules.  Without limiting the foregoing, should a dispute arise between the parties/Covered Parties including, without limitation, any matter concerning the Promotion, the Prizes, the terms and conditions of these Contest Rules or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. The Covered Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”).  If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions.  If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction.  Although the Named Party(ies) may have a right to an award of attorneys' fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous. will not seek such an award from you unless the arbitrator determines that your claim was frivolous.  

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Covered Parties.  You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first enter the Promotion.    

DISQUALIFICATION: 

The Covered Parties are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost Entries, jumbled, scrambled or misdirected transmissions or other error of any kind, whether human, mechanical or electronic.  Persons found tampering with or abusing any aspect of the Promotion, as solely determined by Sponsor, will be disqualified.  If disqualified for any of the above reasons, Sponsor reserves the right to terminate entrant’s eligibility to participate in the Promotion.  In the event that any portion of the Promotion is compromised by technical error, virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupts or impairs the administration, security, fairness or proper determination of the Promotion, Sponsor reserves the right, in its sole discretion, to suspend or terminate the Promotion or any part of the Promotion, or any combination of the above.  The Covered Parties are not responsible for any problem with Entries generated by computer hardware or software malfunction, error or failure, whatever the cause.   

INDEMNIFICATION:  

You agree to release, indemnify and hold the Covered Parties harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your improper and/or unauthorized participation in the Promotion; (b) your breach of these Contest Rules and/or Instagram’s® Terms of Service; and/or (c) your violation of any rights of another individual and/or entity.  The provisions of this paragraph are for the benefit of the Covered Parties.  Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf. 

LEGAL WARNING:  

Any attempt by any individual, whether or not an entrant, to damage, destroy, tamper with or vandalize any portion of the Promotion, or otherwise interfere with the operation of the Promotion, is a violation of criminal and civil law and Sponsor will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.