Rules

'Glow Up’ Giveaway – 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 2021 'Glow Up’ 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 1 p.m. Pacific Standard Time (“PST”) on July 5, 2021, and ends at 11:59:59 p.m. PST on July 25, 2021.  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 Canada and 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 Quebec, 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 https://app.viralsweep.com/sweeps/full/d1b7fd-90222?framed=1 (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; (c) country of residence; and  (d) pet’s name (collectively, “Site Registration Data”). 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.   

(b) Referral Entries.  Each entrant (each, a "Referrer") that registers for the Sweepstakes on the Site will be provided with a unique code (“Referral Code”) and unique link that can be utilized to refer prospective new Sweepstakes 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 Sweepstakes.  Already-existing Sweepstakes entrants, and/or individuals that had previously entered the Sweepstakes at any time, will not count as Referrals.  Limit: Each entrant may receive only ten (10)Referral Entries, and any Referral Entry(ies) submitted by the same individual in excess of the ten (10) Referral Entry limit will be discarded; provided, however, that the total combined number of Referral Entries, Website Entries, Instagram® Entries (as defined below) and AMOE Entries (as defined below) submitted during the Sweepstakes Period may not exceed twelve (12) 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 SWEEPSTAKES 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”). 

OPEN FARM RESERVES THE RIGHT TO INVALIDATE ANY PROSPECTIVE REFERRAL AND/OR ANY ASSOCIATED REFERRAL ENTRIES WHERE OPEN FARM 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 Official 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 Federal Trade Commission Guidelines Concerning the Use of Endorsements and Testimonials and Native Advertising: A Guide for Businesses (the “FTC Guidelines”) by including any necessary caveats and disclaimers including prominent disclosures that you stand to gain additional Entries in the Sweepstakes where the prospective Referral(s) enters the Sweepstakes; 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 Sweepstakes.   

(ii)  Open Farm reserves the right to terminate your participation in the Sweepstakes and invalidate any Entries and/or Prize(s) awarded to you for any Prohibited Conduct.  For purposes of these 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®, Google+®, Instagram® LinkedIn®, Pinterest® or Twitter® (collectively, “Social Media Websites”), in connection with your Referral Activities (for purposes of these Official 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 Open Farm 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 Open Farm; (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, non-English language 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)  Instagram® Entries.  Prospective entrants who have completed the Website Entry process may also attempt to obtain Instagram® Entries.  In order to gain an entry 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 share the ‘Glow Up’ Giveaway Instagram® post via your Instagram® Story page (“Sweepstakes Share”).  Each Sweepstakes Share must include the hashtag “#Sweepstakes” in order to be considered a valid Sweepstakes Share.  By completing a Sweepstakes Share, you represent that you have read and agreed to the terms and conditions of these Official Rules.  Subject to any limitations, terms and conditions set forth in these Official Rules, upon completing a Sweepstakes Share via your Instagram® Story page, you will receive one (1) entry in the Sweepstakes (each, an “Instagram® Entry”).  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. 

(d) Alternative Means of Entry.  As an alternative means of entry in the Sweepstakes, prospective entrants who have completed the Website Entry process may submit an electronic mail (“e-mail”) entry that contains the AMOE Registration Data, as defined below (each, an “AMOE Entry E-mail”).  Where an entrant properly submits an AMOE Entry E-Mail, that entrant shall receive eleven (11) entries in the Sweepstakes (the “AMOE Entries,” and together with the Website Entries, Referral Entries and Instagram® Entries, the “Entries”).  To complete an AMOE Entry E-mail, entrants must include “Glow Up Giveaway” within the subject line of the email, as well as their full name (collectively, “AMOE Registration Data”). Entrants must send their AMOE email to partnerships@openfarmpet.com. Entries must be received by Open Farm no later than 11:59:59 p.m. EST on July 25, 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 only submit (1) AMOE Entry Email, representing eleven (11) AMOE Entries, and any AMOE Entry Email(s) and associated AMOE Entries submitted by the same individual in excess of the aforementioned limits will be discarded.   

(e)  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 twelve (12) 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 and/or Referral 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. PST on July 25, 2021. 

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 acknowledgement 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: Two (2) winners will be awarded prizes (each, a “Prize”), consisting of all of the following: 

Prize: Open Farm recipes with an approximate retail value (“ARV”) of One Thousand Five Hundred Canadian Dollars ($1,500.00). 

Winners can choose from the following categories of recipes for their respective pets: 

Dogs