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$100 Nylabone Gift Pack Sweepstakes -
Rules & Regulations

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OFFICIAL RULES
 
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
 

1.         Sponsor of Club Nylabone $100 Gift Pack Sweepstakes (the “Sweepstakes”). The Sponsor of the Sweepstakes is T.F.H. Publications, Inc., a wholly owned subsidiary of Central Garden & Pet Company, P.O. Box 427, Neptune, New Jersey 07754 (the “Sponsor”).   

 

2.         Eligibility. The Sweepstakes is open to all legal residents of the fifty (50) United States (including the District of Columbia), who are eighteen (18) years or older as of the time of entry.   Employees, officers, directors and agents of T.F.H. Publications, Inc., Central Garden & Pet Company, their respective parent companies, affiliates, subsidiaries, advertising, promotion or production agencies, their affiliates and each of their respective employees, officers, directors, agents, parents, affiliates, subsidiaries, and assigns (collectively the “Released Parties”), and their immediate family members (spouse and parents, siblings and children, and each of their spouses, regardless of where they live) and persons living in the households of each of these individuals, whether related or not, are not eligible to participate. Void where prohibited or restricted by law. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations.

 

3.         How To Enter. The Sweepstakes begins on February 15th, 2011 and ends on August 31st, 2011 (the “Sweepstakes Period”). The Sweepstakes is an online-only Sweepstakes. The Sweepstakes consists of six (6) entry periods as set forth in the chart below (each an “Entry Period”). 

 
Sweepstakes Entry Periods
 

Entry Period

Starts at 12:00 a.m. EST

Ends at 11:59 p.m. EST

Approx. Drawing Date

1
 February 15th, 2011
 March 31st, 2011
 April 1st, 2011
2
 April 1st, 2011
 April 30th, 2011
 May 2nd, 2011
3
 May 1st, 2011
 May 31st, 2011
 June 1st, 2011
4
 June 1st, 2011
 June 30th, 2011
 July 1st, 2011
5
 July 1st, 2011
 July 31st, 2011
 August 1st, 2011
6
 August 1st, 2011
 August 31st, 2011
 September 1st, 2011
 

Sponsor’s computer is the official timekeeping device for the Sweepstakes. 

  

During each Entry Period, you can enter the Sweepstakes using the following methods:

 

            a.  Entrants who are not currently Club Nylabone members, go to http://www.nylabone.com/about/club-nylabone and follow the instructions to register to become a Club Nylabone member by providing your name, e-mail address, zip code/postal code, country and Nylabone content interests. There is no fee associated with becoming a Club Nylabone member. Each entrant will be entered into the Sweepstakes and will be assigned an entry number.   

           

            b.   Club Nylabone members and non-members, become a follower of @Nylabone on Twitter.com. If you are not currently a follower of @Nylabone on Twitter, go to http://www.twitter.com/nylabone and click on the “Join Today” in the header of the page. There is no fee associated with becoming a Twitter follower. To enter, tweet a message as a target reply to @Nylabone using Twitter’s “@Reply” function stating “@Nylabone I entered the $100 Nylabone Gift Pack Sweepstakes! Enter today at: http://bit.ly/bUp3RV #dogchews, #dogtreats, #dogtoys.” Each entrant will be entered into the Sweepstakes and will be assigned an entry number.   

 

            c.   Club Nylabone members and non-members, access the Sweepstakes through Facebook by visiting the official Nylabone Fan Page at http://www.facebook.com/nylabone. Follow the on-screen prompts to complete the Sweepstakes application, which include providing your name and e-mail address. If you are not already a “fan” of the official Nylabone Fan Page, you will be required to become a “fan” of that Page (also known as choosing to “like” the page) during the application process. There is no fee associated with becoming a Facebook fan of Nylabone.   Each entrant will be entered into the Sweepstakes and will be assigned an entry number.

 

Limit: Each participant may enter up to one (1) entry per applicable entry method described above during each Entry Period. Non-winning entries will not carry over into subsequent Entry Periods. Multiple entrants are not permitted to share the same e-mail address, Twitter account and/or Facebook account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different e-mail addresses and/or Twitter/Facebook accounts, identities, registrations and logins, or any other methods, including, but not limited to repeatedly posting the tweet message set forth above, shall void the entrant’s entries and that entrant shall be disqualified and forfeits any and all prizes won. Use of any automated system to participate is prohibited and will result in disqualification. In the event of any dispute as to any registration, the authorized account holder of the e-mail address used to register at http://www.nylabone.com/about/club-nylabone, twitter.com, or facebook.com will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an e-mail address by an internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Sponsor may require each potential winner to show proof of being the authorized account holder. Entries submitted become the property of Sponsor and will not be acknowledged or returned.

 

4.         Random Drawing / Selection of Winners. During the Sweepstakes Period, three (3) winners will be selected in a random drawing each month on or about the dates specified in the chart above (one (1) from Club Nylabone, one (1) from Twitter and one (1) from Facebook) from all eligible entries as of the end of the applicable Entry Period set forth in the chart above. The drawing process will utilize an independent third-party random number generator. Sponsor’s decisions will be final and binding. Winners will be notified by e-mail and/or Twitter / Facebook Account within forty-eight (48) hours after the random number generated drawing, and will be required to complete and sign an Affidavit of Eligibility / Liability Release and, where legal, a Publicity Release, along with their shipping address, information pertaining to their dog’s breed, size, weight and chew style, which must be received by Nylabone within five (5) business days after prize notification. If the e-mail and/or Twitter/Facebook Account notification is unclaimed or returned as undeliverable and/or the Affidavit of Eligibility/Liability Release and Publicity Release and the requested information set forth above is not returned within the specified time period, the winner will be disqualified and the prize will be forfeited without compensation of any kind and will be awarded to an alternate winner selected from all remaining eligible entries pursuant to the same procedures outlined above. Prizes will be shipped to eligible winners within seven (7) days of the Affidavit of Eligibility/Liability Release and Publicity Release and the requested information set forth above being received by Sponsor within the specified time period.

 

5.         Odds of Winning. Odds of winning a prize are dependent upon the total number of eligible entries received.

 

6.         PrizesSponsor will award a total of eighteen (18) prizes (three (3) per Entry Period as set forth above), each consisting of one (1) gift basket of Nylabone products based on dog’s breed, size, weight, and chew style, with an approximate retail value of USD $100 each, for a total approximate retail value of all prizes in the Sweepstakes of USD $1,800.  

 

7.         Prize Restrictions. Limit one (1) prize per individual during the Sweepstakes Period. Prizes are not transferable. No substitution or cash equivalent of any prize or any portion thereof is permitted except at the sole discretion of the Sponsor. In the event a prize is unavailable, Sponsor reserves the right to substitute a prize in whole or in part for one of comparable or greater value. Sponsor shall be responsible for all shipping costs associated with delivery of the prizes to winners. All applicable Federal, State, and local taxes and any other expenses relating to a prize are the sole responsibility of winner. Any difference between stated approximate retail value and actual value of a prize will not be awarded. Prizes shall be awarded only to winners who have fully complied with these Official Rules.   

 

8.         Additional Terms.  By participating, entrants agree to: 

 

            a.   Be bound by these Official Rules, the Sponsor’s Legal Disclaimer and Privacy Policy as published at http://www.nylabone.com/about/club-nylabone, and to accept the decisions of Sponsor as final and binding in all matters relating to the Sweepstakes, including, without limitation, interpretation of these Official Rules and the awarding of the Sweepstakes prizes, which cannot be appealed;

 

            b.   Release, discharge, and hold harmless Released Parties, Facebook and Twitter (and any of their subsidiaries, affiliates, officers, directors, employees and agents) from any and all liability, claims, damages or losses to persons, pets or property (including death), including, without limitation, any indirect, incidental, consequential or punitive damages, arising in whole or in part, directly or indirectly, from their participation in the Sweepstakes (including, without limitation, any damage to an participant’s computer and the manner of entering the Sweepstakes), and the acceptance, use, misuse, or possession of any prize; and

 

            c.   By acceptance of a prize as a winner, consent to the unrestricted use of his/her name, city, state, likeness and photograph of winner and his/her dog for advertising, promotional and trade purposes in any medium throughout the world in perpetuity by Sponsor and its related and affiliated companies (and those acting pursuant to their authority) without additional compensation, notice, review or approval, to the extent permitted by law.

 

Each participant further understands and agrees 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 each participant may have with respect to the release set forth herein are hereby expressly and forever waived. Each participant understands 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 FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBOTOR.

 

9.         Limitation of Liability. The Released Parties, Facebook and Twitter (as the case may be) are not responsible for: (a) lost, late, incomplete, invalid, misdirected, undelivered, misrouted, illegal or inaccurate entries; (b) e-mail or any computer, online, network, hardware or software malfunction, or technical malfunctions or errors that may occur (whether human or technical in nature); (c) printing or typographical errors in any Sweepstakes-related materials; (d) unauthorized human intervention in any part of the entry process or the Sweepstakes; (e) any condition caused by events beyond the control of Sponsor that may cause the Sweepstakes to be disrupted or corrupted; (f) any injury, damage or loss to persons, pets or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or winner’s receipt or use or misuse of any prize (or any portion thereof); (g) any claims based on publicity rights, defamation or invasion of privacy; (h) any inability of any winner to accept or use any prize (or any portion thereof) for any reason; and (i) any failure of delivery of winner notification.  

 

Each participant who enters the Sweepstakes does so at his/her own risk. By entering the Sweepstakes, each participant acknowledges and agrees that Sponsor has not made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize or to any portion thereof, including, but not limited to, its quality, merchantability, mechanical condition, or fitness for a particular purpose, and hereby specifically disclaims all such warranties. 

 

In no event shall the Released Parties, Facebook and Twitter be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

 

The Sponsor reserves the right, in its sole discretion, to cancel, modify, extend or suspend the Sweepstakes should (in its sole discretion) computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failure or other causes beyond its control impair the administration, security or proper conduct of the Sweepstakes. Sponsor reserves the right (in its sole discretion) to award the prizes at random from among the eligible entries received up to the time of the impairment. Any attempt by an entrant or any other person to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages or other remedies from any such person(s) responsible for the attempt to the fullest extent permitted by law. 

 

10.       PrivacyAny information that you provide in connection with the Sweepstakes will be subject to Sponsor’s Privacy Policy, located at http://www.nylabone.com/privacy-policy/.

 

11.       Governing Law and Venue / JurisdictionAll issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants or Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of California without regard to conflict or choice of law provisions. By entering, participants consent to the venue and jurisdiction being exclusively in the federal and state courts situated in Contra Costa County in the State of California.

 

12.       Winners ListSponsor reserves the right to post the winners applicable to each Entry Period on http://www.nylabone.com/about/club-nylabone, http://www.twitter.com/nylabone, and/or http://www.facebook.com/nylabone. You may request a list of winners applicable to an Entry Period by sending an e-mail to: btedeschi@tfh.com and specifying the Entry Period. A winners list for the applicable Entry Period will be available after all prizes for the applicable Entry Period have been shipped and will continue to be available for request for a period of thirty (30) days after the end of the Sweepstakes. 

 

13.       Official RulesFor a copy of these Official Rules, visit http://www.nylabone.com/about/club-nylabone,  or

http://www.nylabone.com/about/club-nylabone/100-nylabone-gift-pack-sweepstakes.htm
 
 

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter. You understand that you are providing your information to Sponsor and not to Facebook or Twitter. Any questions, comments or complaints regarding this Sweepstakes shall be directed to Sponsor and not Facebook, Twitter or any other third-party.  

 

Each participant acknowledges that any promotional photographs or displays of Nylabone gift basket(s) are for promotional purposes only and do not necessarily depict the exact prize that a winner will receive under this Sweepstakes. Prizes under this Sweepstakes will be awarded in accordance with these Official Rules.  

 

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