Petco Promotion – Additional Terms
No Purchase Necessary. A Purchase Will Not Increase Your Chances Of Winning.
- Official Rules: These terms, combined with the terms disclosed in connection with the specific promotion, constitute the Official Rules for the promotion.
- Eligibility: The promotion is open to legal residents of the 50 United States (including DC) who are at least 18 years old at the time of entry. Employees of Petco (“Sponsor”), as well as the immediate family (spouse, parents, siblings, and children) and household members of those employees, are not eligible to enter. There is a limit of one (1) entry per person. By entering, you indicate your full agreement to these rules and Sponsor’s decisions regarding the promotion, which are final and binding.
- Potential Winner Requirements: Except where prohibited, a potential winner may be required to complete and return a declaration of eligibility and liability/publicity release. If a potential winner fails to sign and return these documents within the required time period, and time permits, an alternate potential winner may be selected in his/her place.
- Prize: A winner is responsible for paying any applicable income taxes and any and all other costs and expenses not listed above. Any prize details not specified will be determined by Sponsor, in its sole discretion. A prize may not be transferred and must be accepted as awarded. A winner may not request cash or a substitute prize; however, Sponsor reserves the right to substitute a prize with another prize of equal or greater value if the advertised prize is not available for any reason, as determined by Sponsor, in its sole discretion.
- General Conditions: In the event that the operation, security, or administration of the promotion is impaired in any way, Sponsor may, in its sole discretion, either: (a) suspend the promotion to address the impairment and then resume the promotion; or (b) award the prize from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify and seek damages from any individual who tampers with the operation of the promotion, violates the Official Rules, or acts in a disruptive manner. Sponsor’s failure to enforce any term of the Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. The promotion is subject to federal, state, and local laws and regulations and is void where prohibited.
- Release and Limitations of Liability: By participating in the promotion, you agree to release and hold harmless Sponsor, the social media platform (i.e. Instagram, Facebook, or TikTok), and Sponsor’s and the social media platform’s respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the promotion, including, but not limited to: (a) unauthorized human intervention in the promotion; (b) technical errors that may impair your ability to participate in the promotion; (c) errors in the administration of the promotion arising from circumstances beyond our reasonable control; (c) any claim or allegation that your entry infringes any copyright, trademark, or any other intellectual property right; and (e) claims relating to injuries, death, or damage to persons or property relating in any way to your participation in the promotion or use of a prize.
- Grant of Rights to Your Materials: In consideration for your participation in the promotion, you agree to hereby sell, transfer, assign to Petco and its affiliates royalty-free, worldwide, perpetually, and irrevocably, all ownership and any and all other rights, titles, and interests (including, without limitation, copyrights) in and to any and all materials you submitted in connection with the promotion (collectively, the “Materials”) to the fullest extent permitted by law and in any and all media, whether now known or hereafter known. To the extent such an assignment is not legally permissible, you grant Petco and its affiliates an exclusive, royalty-free, worldwide, perpetual, irrevocable, assignable, sub-licensable and unrestricted license to the Materials to the fullest extent permitted by law. You agree to execute any documents that Petco reasonably determines are necessary to document Petco’s rights in the Materials to secure or perfect any intellectual property right (e.g., trademark, trade dress, copyright, patent, etc.) relating to the Materials. For avoidance of doubt, you acknowledge and agree that Petco shall have the absolute and exclusive right to publicly display, publicly perform, exhibit, reproduce, adapt, edit, transmit, distribute, communicate, make available and otherwise use (and authorize others to use) the Materials in connection with, among other things, the commercial exploitation of the Materials, use of the Materials on any of Petco’s products, or uses of the Materials in any advertising, marketing or promotion of the same whether via print, radio broadcast, cable transmission, satellite transmission, television broadcast, digital transmissions, or any other method now or hereafter known. You also waive any moral rights you may have in the Materials, in whole or in part, in favor of Petco.
- Liability: Your participation in the promotion is entirely your responsibility. IN CONSIDERATION OF PARTICIPATING IN THE PROMOTION, YOU EXPRESSLY AND VOLUNTARILY ASSUME RESPONSIBILITY FOR ALL RISK OF PERSONAL INJURY, DEATH, DAMAGES OF ANY KIND PHYSICAL OR PERSONAL, OR LOSS YOU MAY SUSTAIN RELATED TO THE PROMOTION OR THE USE OF THE PRIZE, OR ANY SUCH PERSONAL INJURY, DEATH, OR LOSS ASSOCIATED IN ANY WAY WITH THE PROMOTION OR THE PRIZE, EVEN IF SUCH PERSONAL INJURY, DEATH, DAMAGES OF ANY KIND PHYSICAL OR PERSONAL, OR LOSS IS CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF ANY OF THE RELEASED PARTIES (defined below). The term “loss” herein shall mean all damages, losses, costs, and injuries of every kind and character, including, but not limited to, all economic damages, physical or property damages, loss of business opportunities, embarrassment, mental anguish, loss of consortium, loss of services, loss of companionship, and loss of employment. You understand that you are liable for any injury or damage caused, or claimed to be caused, by participation in this promotion or by use or redemption of the Prize.
- Release. By participating in this promotion, you agree that you, to the fullest extent permitted by applicable law and on behalf of yourself, and your personal representatives, your companion(s) (if any), relatives, heirs, assignees, successors, executors and administrators, hereby permanently, irrevocably and forever release Petco and its parent corporations, members, subsidiaries, affiliates, directors, officers, employees, agents, representatives, successors, distributors, partners, licensees and assigns, and any entity or person connected with the promotion (collectively, the "Released Parties") from and against any and all actual and potential, known and unknown, suspected and unsuspected claims, demands, causes of action, liabilities and damages for personal injuries, death, damage or loss to personal property, or other harm or loss of any nature whatsoever sustained in connection with promotion and/or the receipt, possession, ownership, use or misuse of the Prize, as well as any and all claims, demands or causes of action that you may now have or may hereafter have for libel, defamation, invasion of privacy, violation of the right of publicity, infringement of copyright or violation of any other right arising out of or relating to any of the rights granted herein to Petco. Without limiting the foregoing, you, to the fullest extent permitted by applicable law on behalf of yourself, and your personal representatives, relatives, heirs, assignees, successors, executors and administrators, hereby agree to absolutely and forever release, acquit, and discharge the Released Parties of and from any and all liabilities, actions, claims, counter-claims, causes of actions, suits, debts, sums of money, accounts and controversies, damages, judgments and demands whatsoever, in law or in equity, which you ever had, or can, shall or may have against the Released Parties from the beginning of the world to the date of this agreement, in connection with any and all claims, demands, actions and causes of action, known or unknown, with respect to or in connection with the promotion. You further agree that you will indemnify, defend and hold harmless the Released Parties from and against all claims, liabilities, losses or damages of any kind physical or personal (including, but not limited to, court costs and attorney’s fees) arising out of, connected with, or as a result of your participation in this promotion and/or acceptance and use of any Prize. YOU ACKNOWLEDGE AND UNDERSTAND THAT BY PARTICPATING YOU WILL LOSE ANY RIGHT YOU MAY HAVE HAD TO SUE ANY OF THE RELEASED PARTIES BECAUSE OF ANY PERSONAL INJURY, DEATH, DAMAGES OF ANY KIND PHYSICAL OR PERSONAL, OR LOSS YOU OR ANY OF YOUR GUESTS/COMPANIONS MAY SUSTAIN WHILE USING THE PRIZE, OR ARISING OUT OF OR AS A RESULT OF YOUR PARTICIPATION IN THE PROMOTION OR USE OF THE PRIZE, EVEN IF SUCH PERSONAL INJURY, DEATH, DAMAGES OF ANY KIND PHYSICAL OR PERSONAL, OR LOSS RESULTS FROM OR IS CAUSED BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF ANY OF THE RELEASED PARTIES, IN WHOLE OR IN PART TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW
- Disputes: You agree that any and all disputes, claims and causes of action arising out of, or connected with, the promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the Southern District of California. All issues and questions concerning the construction, validity, interpretation, and enforceability of the Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the promotion, shall be governed by, and construed in accordance with, the laws of California, without giving effect to any choice of law or conflict of law rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.
- Winner Information: To request the name(s) of the winner(s), please email email@example.com.
- Sponsor: The promotion is sponsored by Petco, 10850 Via Frontera, San Diego, CA 92127. The promotion is in no way sponsored, endorsed, or administered by, or associated with Instagram, Facebook, or TikTok.