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Explanation: Official Rules for the AquaMax “Best Fish” Contest and Dealer Promotion
Use: Official Rules should be included in every contest promotion kit, posted at participating Dealer locations, provided with every Dealer Kit, available on the website, and easily accessible to any participant.
| Purina Mills AquaMax Fish Food “Best Fish” Contest -Official Contest Rules- |
NO PURCHASE NECESSARY TO ENTER OR WIN THE CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
Welcome to the Purina Mills AquaMax Fish Food “Best Fish” Contest (“Contest”), sponsored by Land O'Lakes Purina Feed, LLC and your local participating Purina Mills Dealer (“Sponsors”). Eligible Participants can participate in the Contest by submitting their fish photograph, along with a completed entry form. Eleven (11) Grand Prize professionally mounted fish photograph replicas worth an approximate retail value (“ARV”) of $600/each will be awarded, as more fully described and subject to the terms and conditions specified in these Official Contest Rules. The Contest entry period commences on February 1, 2009 (12:00:01 a.m. CST) and continues through and including December 31, 2009 (11:59:59 p.m. CST) (“Contest Term”). This Contest includes all fifty (50) United States and the District of Columbia.
Participation in the Contest is only available to individual legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age at the time of the entry (together with all other eligibility and participation criteria as specified herein, a “Participant”). The Contest is void where prohibited or to the extent restricted by law.
These specifications, terms and conditions relating to the Contest comprise these Official Contest Rules (“Rules”) and shall govern and apply to all participation and activity arising out of and relating to the Contest. Interface with Sponsors through their Contest-related web properties shall additionally be governed by the prevailing and posted Privacy Statement, Terms of Use, and other disclosed terms and conditions. In the event of a conflict between the Rules and any other official Contest-related communications by Sponsors, these Rules shall govern. Participant shall review these Rules which, by Participant’s participation and as a condition to claiming, redeeming, and use of any Contest prize, Participant agrees will govern all aspects of Participant’s relationship with the Contest and Sponsors. Sponsors reserve the right to terminate this Contest. These Rules cannot be modified or superseded except by Sponsors, in their reasonable discretion, in a written revision to these Rules posted on the official Website (www.AquaMaxBass.com) (“Site”), at participating Purina Mills retail locations, and at Sponsors’ sole discretion, other potential official Contest communication methods reasonably calculated to reach potential, active, or historical Participants.
2. How to Enter.
No purchase necessary to participate in the Contest. To enter, complete an Official Contest Entry Form (available at participating Purina Mills Dealers), attach a 3” x 5” photograph of a fresh water fish you have caught within your own or local pond, lake, or wetland area (“Photo”), and submit the completed Form with the Photo attached to your local Purina Mills Dealer. Photos deemed non-reputable, retouched, digitally enhanced, or photoshopped will be disqualified from the Contest. Limit one (1) entry per person. All entries must be received by no later than 11:59:59 p.m. CST on December 31, 2009 to be eligible to win.
To enter by mail, Participant must send a Photo and a hand printed 3” x 5” card with Participant’s complete name, address, city, state, zip code, day and evening phone numbers, and e-mail address in a first-class stamped envelope to: AquaMax Promotion, 16660 Old Chesterfield Rd., Chesterfield, MO 63017. Entries must be postmarked by December 31, 2009 and received by January 15, 2010. Limit one (1) entry per name/address/e-mail address regardless of the method of entry. The Sponsors shall determine the official time keeping device for this Contest. Any attempt to submit more than the maximum number of entries using multiple/different identities or any other methods may void that Participant’s entry. Entries generated by a robotic, programmed, script, macro or other automated means will be disqualified. No other forms of entry are valid other than those set forth above. All entry information becomes the property of the Sponsors and will not be returned.
3. Prizes.
Eleven (11) Grand Prizes: One (1) Participant (“Winner”) will be selected each month for eleven months to receive a professionally mounted replica of Participant’s winning entry fish from their submitted Photo (“Grand Prize”). ARV of Grand Prize is $600.00.
There are a total of eleven (11) Grand Prizes with an overall ARV of $6,600. Grand Prizes will be awarded based on the specific, objective criteria set forth in these Rules. Odds of winning a Grand Prize depends upon the total number of eligible entries received. Limit one (1) Grand Prize per person. The Grand Prize does not include insurance, licenses, transfer fees, taxes, and other expenses or items not specifically described as part of the Grand Prize in these Rules. No cash or other substitution, assignment, or transfer of Grand Prize is permitted, except that Sponsors reserve the right, but have no obligation, to substitute a Grand Prize with another prize of comparable value. Any and all taxes, expenses, and/or fees associated with the Grand Prize receipt, redemption and use are the sole responsibility of the Winner. All Contest Grand Prize details are at Sponsors’ sole discretion. In addition to the Grand Prize awarded to each Winner, a similar trophy mount replica of the winning entry fish (ARV $600.00) will be given to each Winner’s local Purina Mills Dealer (either the Dealer that Winner submitted his/her Official Contest Entry Form to or, if Form was mailed, the Dealer located the closest to Winner, as determined by Sponsors). Contest Grand Prizes will be awarded to individual winning Participants and should be retained by such individuals only in conformity with these Rules.
4. Judging.
One (1) Winner will be selected each month, for a total of eleven (11) consecutive months during the Contest Term, by an independent judging committee consisting of Dr. Mark Griffin, Ph.D., Director, Zoo and Aquaculture, Land O’ Lakes Purina Feed LLC, Bob Lusk, Publisher, Pond Boss Magazine, and Ray Scott, founder of B.A.S.S (collectively “Committee”). The Committee will review all eligible entries on or about the third (3rd) week of each month during the Contest Term. The Committee will judge each and every eligible entry Photo against a list of objective factors to determine the “Best Fish” and award a Winner. Objective judging criteria for the Contest shall include, without limitation, fish color, weight, length, size, species origin, and region or location of pond, lake, or wetlands. Committee will determine the “Best Fish” by careful examination of each and every entry Photo. In the event of a tie, the Winner will be determined based on which eligible Photo entry received the highest score in the judging category of fish size; if there is still a tie, the Winner will be selected based on the highest score in the category of fish species origin.
The Winner must comply with all terms and conditions of these Rules. Winners will be notified by e-mail, telephone, or mail on or about the fourth (4th) week of each month during the Contest Term. Winners must properly complete, sign, notarize, and return to Sponsors by mail within ten (10) days of being notified, an Affidavit of Eligibility and Liability/Publicity release in order to confirm eligibility for Grand Prize (unless prohibited by law). If a Winner cannot be contacted after the first attempt; if Winner fails to sign and return the Affidavit of Eligibility and Liability/Publicity release within the required time period; if Winner is otherwise ineligible pursuant to these Rules; the Winner will be deemed to have forfeited the Grand Prize. In the event of forfeiture by a Winner, an alternate Winner will be chosen by the Committee from eligible entries.
5. Eligibility.
Contest open only to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older at the time of entry. Employees, officers, and directors of Sponsors, and all of their respective parents, subsidiaries, divisions, affiliates, suppliers, printers, distributors and advertising, promotional and judging agencies, (and their respective IRS dependents, immediate family members [parents, children, siblings and spouse]) and individuals residing in their same household (whether or not related) (collectively, “Sponsor and Contest Parties”) are not eligible to participate or win.
6. General Terms.
By participating in this Contest, Participants agree to be bound by these Rules and the decisions of the Sponsors, which shall be final. All federal, state, and local laws apply.
Sponsors are not responsible for late, lost, stolen, incomplete, illegible, damaged, postage due, or misdirected entries. Void wherever prohibited or restricted by law. Sponsors and their affiliates, directors, agents, and employees will have no responsibility and/or liability for any harm, damage, loss, or injury arising from participating in this Contest and the use, misuse, possession, or loss of Grand Prize or participation in Prize-related activities. Winner shall bear all risks of loss or damage to Grand Prize after it has been delivered. Sponsors make no representations or warranties of any kind concerning the appearance, safety or performance of any Grand Prize. Winners will be solely responsible for all applicable federal, state and local taxes on Grand Prize. If applicable, Winners may receive an IRS Form 1099 for the retail value of the Grand Prize. All other expenses on the receipt and use of the Grand Prize not specifically mentioned herein are solely the responsibility of the Winners. Any portion of a Grand Prize not accepted by Winner will be forfeited.
By accepting the Grand Prize, Winner grants to Sponsors the right to print, publish, broadcast, and use worldwide in any media now known or hereinafter known the Winner’s name, image, Photo, voice, statement, picture, biographical information, address (city and state only), or other likeness, without additional review, notification, or compensation, for public relations, advertising, trade, and promotional purposes as may be determined by Sponsors, unless prohibited by law. The entry information provided is subject to the Privacy Policy on the above-stated Site.
7. Dispute Resolution, Indemnification & Disclaimer.
Except where prohibited, by participating in this Contest, Participant agrees that all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of Participant(s) and Sponsors, shall be governed by and construed exclusively in accordance with the laws of the State of Minnesota without giving effect to any principles of conflicts of law of any jurisdiction and that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating, but in no event attorneys' fees; and (c) under no circumstances will any Participant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
Participants agree to release, defend, indemnify, and hold harmless the Sponsors from and against, any and all liability, claims, losses, damages, or proceedings, including but not limited to death (including reasonable attorneys’ fees) relating to the Contest, Grand Prizes, and any other matters in connection with a Participant’s participation in the Contest.
In the event that fraud and/or other causes beyond the control of the Sponsors corrupt the administration, security or proper handling of the Contest, or if the Contest is challenged by any legal or regulatory authority, Sponsors reserve the right to discontinue or modify the Contest, or to disqualify Participants residing in the affected geographic areas. In such event, Sponsors shall have no liability to any Participant who is disqualified due to such action.
8. Sponsor Information
Land O'Lakes Purina Feed, LLC is a Delaware limited liability company with its principal place of business at 1080 County Road F West, Shoreview, MN 55126-2910.
9. Winner’s List.
For Contest results and/or the name(s) of the Winner(s), send a self-addressed, first-class stamped envelope to: AquaMax Promotion, 16660 Old Chesterfield Rd., Chesterfield, MO 63017 postmarked by December 31, 2009. Winners will be posted each month on the Site along with the winning Photo and a short biography of the Winner.
