Rules

Open Farm Official Rules

OFFICIAL RULES & CONSUMER DISCLOSURE NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. – VOID WHERE PROHIBITED BY LAW

The Open Farm Giveaway (the “Sweepstakes”) is sponsored by Open Farm Inc., an Ontario Corporation located at 170 Bedford Rd, Suite 300, Toronto, ON, M5R 2K9 (“Open Farm”). Open Farm’s head office can be reached via telephone at: (416) 925-3080. By entering the Sweepstakes, you agree to comply with and be bound by the following Official Rules & Consumer Disclosure (“Official Rules”). Please review the Official Rules carefully. If you do not agree to the terms and conditions of the Official Rules in their entirety, you are not permitted to enter the Sweepstakes. 

LIMITED TIME ONLY: 

The Sweepstakes period (“Sweepstakes Period”) begins at 12:00:00 p.m. Eastern Standard Time (“EST”) on January 23, 2023 and ends at 11:59:59 p.m. EST on January, 30, 2023. Entries must be received prior to the expiration of the Sweepstakes Period to be eligible to win a Prize (as defined below).

ELIGIBILITY: The Sweepstakes is open only to legal residents of the United States of America 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 Sweepstakes is expressly void in Puerto Rico and where otherwise prohibited by law. The following individuals are not eligible to enter the Sweepstakes and/or win a Prize: (a) employees, officers, and directors of Open Farm, including its parent company, subsidiaries, affiliates, partners, advertisers, marketing and promotion agencies, manufacturers or distributors of promotion materials, and representatives; and (b) members of the immediate family (parents, children, siblings, or spouses) of a person listed in (a) and/or those living in the same household as a person listed in (a), regardless of familial relation. All federal, state and local laws and regulations apply. Entrants agree to be bound by the terms of these Official Rules and by the decisions of Open Farm, which are final and binding on all matters pertaining to this Sweepstakes. Entrants are prohibited from submitting an Entry (as defined below) for a purpose other than entering the Sweepstakes for the entrant’s personal benefit. Prohibited purposes include, but are not limited to, engaging in competition with Open Farm and/or inducing email messages to be sent to any fraud management tool such as a “spamtrap” or “honey pot.” If any Entry (as defined below) or entrant is determined to be non-compliant with these Official Rules, said Entry or entrant may be disqualified, as determined in Open Farm’s sole discretion.

HOW TO ENTER:

(a) Website Entries. Prospective entrants wishing to enter the Sweepstakes must first go to the Sweepstakes web page located at INSTERT LINK (the “Site”) and complete the Sweepstakes entry form. In order to complete the Sweepstakes entry form on the Site, each entrant must include her/his: (a) name; (b) email address; and (c) country of residence. Upon successful submission of the Sweepstakes entry form, with all required Site Registration Data, each individual shall receive one (1) entry in the Sweepstakes (each, a “Website Entry”). You may only submit one Website Entry during the Sweepstakes Period. Any Website Entries submitted in excess of this limitation will be discarded.

NO ENTRANT IS PERMITTED TO OPEN ANY ADDITIONAL, SEPARATE EMAIL ACCOUNTS, OR OTHERWISE SUBMIT ENTRIES, UNDER ALIASES IN ORDER TO EARN ADDITIONAL ENTRIES IN CONNECTION WITH THOSE ADDITIONAL EMAIL ACCOUNTS.

OPEN FARM RESERVES THE RIGHT TO INVALIDATE ANY PROSPECTIVE ENTRIES WHERE OPEN FARM DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, THAT THE ENTRY 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. 

(b) Instagram® Entries. Prospective entrants who have completed the Website Entry process may also attempt to obtain Instagram® Entries. In order to gain additional entries in the Sweepstakes during the Sweepstakes Period via Instagram®, you must log in to your Instagram® account, or create a new Instagram® account where you do not already have one, and then follow the instructions set forth below. After you log in to your Instagram® account, you must follow @openfarmpet and  tag up to ten (10) friends in the comments of the giveaway post. The Open Farm Instagram Page is the official timekeeper for Instagram® Entries submitted in connection with the Sweepstakes. Each entrant must ensure that her/his Sweepstakes Share complies with 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.

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

(c) Entry Limits/General Provisions. Entrants who are potential Prize winners may be required to provide some or all of the following: (i) Social Security Number; (ii) picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification; and (iii) any other information requested by Open Farm in connection with the Prize verification/award process (“Prize Winner Data,” and together with the Site Registration Data and AMOE Registration Data, the “Registration Data”). Entrants must update their Registration Data regularly to remain eligible to win a Prize. All Entries shall be deemed the property of Open Farm and will not be acknowledged or returned. The total combined number of Entries submitted during the Sweepstakes Period per entrant may not exceed one (1) in the aggregate. So, by way of example, if an entrant submits a Website Entry and an AMOE Entry during the Sweepstakes Period, that entrant will not be permitted to also submit any Instagram® Entries during the Sweepstakes Period. Any Entries submitted in excess of these limitations 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 Sweepstakes. Use of any automated system to participate in the Sweepstakes is prohibited and will result in disqualification. Open Farm reserves the right to reject any Entry that it believes, in its sole and reasonable discretion, is fraudulent, incomplete or otherwise invalid. Open Farm is not responsible for Entries, Sweepstakes-related e-mail, Sweepstakes-related push notifications, claims or notices that are lost, late, illegible, misdirected, damaged, incomplete or incorrect. By entering the Sweepstakes, and where you have otherwise provided the requisite consent, you agree to receive e-mail and direct mail marketing messages from Open Farm and its marketing partners, subject to the Open Farm Privacy Policy (the “Open Farm Privacy Policy”). See the “Eligibility/Privacy Statement” section hereinbelow for a link to the Open Farm Privacy Policy.

IDENTIFICATION OF ENTRANTS:  Each Entry will be identified by both the applicable entrant’s e-mail address, as collected and stored in the Sweepstakes Database. For purposes of Official Rules, the “Sweepstakes Database” is defined as the entire list of valid Entries generated during the Sweepstakes Period. Open Farm will stop accepting Entries at 11:59:59 p.m. EST on July 25, 2022.

RANDOM PRIZE WINNER DRAWING: Within ten (10) days of the end of the Sweepstakes Period, Open Farm shall select, using third-party randomizer software, two (2) potential Prize winners. All decisions of Open Farm are final and binding in all respects. Open Farm will attempt to notify each potential Prize winner within ten (10) days of her/his selection as a potential Prize winner, and the Prize will be delivered on the latter of three (3) weeks from acknowledgment of the notification and eligibility verification, or at such time as the Prize becomes available. Potential winners will be notified by e-mail, or another means as determined in Open Farm’s discretion. If a potential Prize winner does not respond to Open Farm’s notification within five (5) days or is unwilling to or cannot accept the Prize, the Prize will be forfeited, and an alternate potential Prize winner may be selected from the pool of Sweepstakes entrants. If an entrant is deemed ineligible, an alternate potential Prize winner may be selected from the Entry pool. No more than the advertised number of Prizes will be awarded. The potential Prize winners shall be subject to eligibility verification. Each potential Prize winner will be required to provide Prize Winner Data and execute a notarized Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”) and return such Affidavit within five (5) 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 she/he is the entrant that submitted the applicable winning Entry. If there is a dispute as to the identity of the entrant, the Prize will be awarded to the authorized account holder of the applicable email address. The “authorized account holder” is defined as the natural person to whom the applicable email address is assigned. At the sole discretion of Open Farm, disqualification, forfeiture, and the selection of an alternate potential Prize winner may result from any of the following: (1) a potential Prize winner’s failure to respond to winner notification within five (5) days of transmission; (2) the return of a notification as undeliverable after one (1) attempt; (3) a potential Prize winner’s failure to demonstrate her/his eligibility, or to provide Open Farm with satisfactory proof of age, identity, and residency within five (5) days of initial winner notification; (4) a potential Prize winner’s failure to execute and return an Affidavit, requested tax information and/or W9 within five (5) days of its transmission of same; or (5) any other failure to comply with these Official Rules.
 

ODDS: The odds of winning a Prize depend on the number of eligible Entries received but can be calculated by dividing the number of Prizes by the total number of Entries received.
 

PRIZES AND APPROXIMATE RETAIL VALUE: One (1) winner will be awarded prizes (each, a “Prize”), consisting of all of the following:

Prize: Open Farm products with an approximate retail value (“ARV”) of Eight Hundred and Fifty US Dollars ($850).

One (1) Grand Prize Winner shall receive the following (with a collective ARV of Eight Hundred and Fifty UD Dollars ($850)

- Kibble of your choice monthly (12lbs bag)

PRIZE CONDITIONS: No substitution or transfer of a Prize will be permitted, provided that Open Farm reserves the right to substitute a Prize of equal or greater value if the advertised Prize is unavailable. Prizes cannot be transferred by the Prize winners. No Prize can be redeemed for cash or can be used for a prior purchase. 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 Open Farm in its sole and exclusive discretion. Some restrictions may apply. If a Prize element is not available for any reason, the remaining elements of the Prize shall constitute full satisfaction of Open Farm’s Prize obligation to the applicable Prize winner, and no additional compensation will be awarded. Open Farm has no responsibility for cancellations, delays, or any other change by any company or person providing any element of the Prize due to reasons beyond Open Farm’s control and Open Farm is not responsible or liable for any expenses incurred as a consequence thereof. The Prizes are awarded without warranty of any kind from Open Farm, express or implied, without limitation. Except where otherwise stated herein, all Prizes will be delivered free of charge (or in the case of electronic vouchers – emailed) to the Prize winners. Open Farm will not ask Prize winners for money for shipping costs as a condition for receipt of a Prize.

TAXES: Federal, state and local taxes, and all similar fees and assessments, are the responsibility of the Prize winners. Open Farm reserves the right to withhold taxes from the winning Prizes, as appropriate. Open Farm will issue a form 1099-MISC for each Prize winner who is a resident of the United States in the amount of the Prize.

WINNER’S LIST: To request written confirmation of the Prize winners, send a written request to Open Farm, at 170 Bedford Rd., Unit 300, Toronto, ON, M5R 2K9, Canada. Any such request must be marked to attention of “Sweepstakes Administrator.”
 

CONDITIONS OF PARTICIPATION

ELIGIBILITY/PRIVACY STATEMENT. By participating in this Sweepstakes, all entrants represent and warrant that they are eligible to win and that they agree to be bound by these Official Rules and acknowledge understanding and acceptance of Open Farm’s Privacy Policy, as amended from time to time, which can be read here: https://openfarmpet.com/pages/privacy.

RELEASE. By participating in this Sweepstakes all entrants agree to release, indemnify and hold harmless Open Farm, Instagram, their respective representatives, affiliates, subsidiaries, parents, agents, and their respective shareholders, officers, directors, employees, agents successors and assigns (collectively, the “Released Parties”), from and against any and all liability, injury, death, loss, or damage to entrant or any person or entity, including, without limitation, damage to personal or real property, caused in whole or in part, directly or indirectly, by reason of their participation in this Sweepstakes (or related activities) or their acceptance, possession or use/misuse of a Prize. The Released Parties are not responsible for: any incorrect or inaccurate Entry information; human error; technical malfunctions; failures, omissions, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other computer relating to or resulting from participation in this Sweepstakes; inability to access any website; theft, tampering, destruction, or unauthorized access to, or alteration of Entries; transactions, including Entries, that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any website; printing or human or other errors; and any Entries which are late, lost, incomplete, misdirected, stolen, or any combination thereof. Online submission is not considered proof of delivery or receipt. All entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Open Farm makes no warranty with respect to the Prizes awarded.

PUBLICITY. Except for residents of the State of Tennessee and where otherwise prohibited by law, entrants hereby: (a) grant Open Farm and its assigns the right to use their names, likenesses, voices, opinions and biographical information, and residential city and state for publicity, advertising, trade and/or promotional purposes, in perpetuity, without further compensation or authorization; (b) release and waive any right of or claim to copyright, trademark rights, privacy rights, publicity rights, rights to use of name, image or likeness, and any other legal or moral rights, relating to, arising out of, or embodied in the Entry and/or arising out of the use of a Prize winner's name, image and likeness; and (c) agree not to pursue, support, maintain, or authorize any action, claim, or dispute of any kind against the Released Parties on the grounds that any use of the Entry, and/or the use of a Prize winner's name, image, or likeness violates or infringes any of a Prize winner’s rights, including, without limitation, copyrights, trademark rights, privacy, publicity and/or moral rights.

ADVERTISING AND SOLICITATION. By entering this Sweepstakes, and subject to applicable law, you consent to receiving emails, special offers, electronic newsletters and other solicitations from Open Farm and third-party vendors that may constitute requests to engage in a monetary transaction. Each email from Open Farm will provide you with the ability to opt out of future communications. If you would prefer to opt out now, please email support@openfarmpet.com. If you do not want Open Farm to share your information with third parties, please email support@openfarmpet.com. In some cases, your information may be shared before Open Farm receives and processes your opt-out request. In such situations, you will need to request removal from the email list of the entity or entities with which Open Farm has shared your information. Opting out of emails and offers will not decrease your chances of winning a Prize in the Sweepstakes.

DISCLOSURE OF INFORMATION. By participating in the Sweepstakes, you hereby agree to Open Farm’s collection, use, and dissemination of your personal information subject to Open Farm’s Privacy Policy, as amended from time to time, which can be read here: https://openfarmpet.com/pages/privacy.

ENTRY ERRORS. Open Farm is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected information. Open Farm is not responsible for lost or late Entries nor for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive Entry information by Open Farm or presenter on account of technical problems or traffic congestion on the Internet or at any website (including Instagram’s site) or any combination thereof. If for any reason the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Open Farm which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Open Farm reserves the right at its sole discretion, to disqualify any individual who tampers with the Entry process, violates these official rules, or acts in a disruptive or unsportsmanlike manner, and to cancel, terminate, modify or suspend the Sweepstakes. In such a situation, Open Farm reserves the right to select winners from eligible Entries received as of the termination date. Without limiting the foregoing, Open Farm may reject any entrant, if in Open Farm’s sole judgment, the entrant has been disqualified, has questionable eligibility, or is otherwise ineligible to enter or participate. CAUTION: A PERSON WHO ATTEMPTS TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PENALTIES AND FINES; AND OPEN FARM RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Open Farm is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of a Prize.

INDEMNIFICATION: 

You agree to release, indemnify and hold the Released 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 Sweepstakes; (b) your breach of these Official Rules; 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 Released Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

GOVERNING LAW/DISPUTE RESOLUTION: 

These Official 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 hereby agree to arbitrate all claims that may arise under and/or relate to the Sweepstakes and/or these Official Rules.  Without limiting the foregoing, should a dispute arise between the parties including, without limitation, any matter concerning the Sweepstakes, the Prizes, the terms and conditions of these Official 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 Released 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. 

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 Released 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 Released 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 Sweepstakes.  

SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
 

MISCELLANEOUS:

THIRD-PARTY FEES: You may be charged by your Internet service provider and/or mobile telephone carrier for visiting the Site and/or Instagram® site in accordance with the terms of the service agreement with your Internet service provider and/or mobile telephone carrier, as applicable. Please consult your provider regarding your pricing plan. You must use a Smartphone device to participate via your mobile phone. Not all mobile phone providers carry the necessary service to participate. Check your phone capabilities for specific Internet instructions. If your data usage exceeds what is allotted by your data plan, you could be subject to additional fees by your carrier. Please contact your provider with any questions regarding your bill.

COPY OF OFFICIAL RULES. To receive a printed copy of these Official Rules, send a written request by the end of the Sweepstakes Period to Open Farm, at 170 Bedford Rd, Unit 300, Toronto, ON, M5R 2K9, Canada. Any such request must be marked to attention of “Sweepstakes Administrator.”

RIGHT TO CANCEL OR SUSPEND CONTEST. If for any reason these Sweepstakes are not capable of running as planned, due to technical failures, or for any other reason and/or at the sole discretion of Open Farm, including, without limitation, due to any other causes that corrupt or affect the administration, security, fairness, integrity, or proper conduct of these Sweepstakes, Open Farm reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes, or to disqualify any individual(s) who tampers with the Entry process.