The Delectables Lickable Spoon™ Promotion (the “Promotion”), as announced by The Hartz Mountain Corporation (the “Sponsor”) on the website www.delectablescattreats.com (the “Website”), is intended to promote one or more of Sponsor’s pet products. Persons desirous of participating in the Promotion (each a “Participant”), who are ‘eligible’ (as provided in these Official Rules), may enroll in the Promotion as directed on the Website (“Method 1”); alternatively, an eligible Participant may enroll in the Promotion if such Participant were to find a Promotion Insert Card that were randomly placed in certain packages of Delectables Lickable Spoon™ cat treats sold by the Sponsor on various e-commerce websites, which Promotional Insert Cards provide instructions on how to enroll in the Promotion (“Method 2”). All Participants in the Promotion shall be subject to these Official Rules. NO PURCHASE IS NECESSARY TO PARTICIPATE if the Participant enrolls in the Promotion via Method 1.
- Eligibility: The Promotion will be held during the period from December 1, 2024 through December 31, 2025 (the “Participation Period”). To participate, Participants must be 18 years of age or older at the time of participation in the Promotion and must reside in the United States. Enrollment in the Promotion must be completed via either Method 1 or Method 2 during the Participation Period. The computer clock of Website’s webmaster is the official timekeeping device of the Promotion and of the Participation Period. Employees of Sponsor, their respective subsidiaries, affiliates, promotion or fulfillment agencies, and any of their affiliated companies and suppliers, and immediate families and members of household (whether or not related) and their respective officers, employees and directors are not eligible to participate in the Promotion. Use of any robotic, automatic, programmed, or similar participation entry method will result in disqualification. You may not attempt to participate by using multiple email addresses, identities, or devices in an attempt to circumvent these Official Rules.
- Participation Requirements: Whether entering the Promotion by Method 1 or by Method 2, a Participant must complete the Promotion requirements as stated on the Website’s Promotion Page. By participating, you represent that you have read these Official Rules, the website policies found at https://www.delectablescattreats.com/privacy-policy/ and the Terms of Use found at https://www.delectablescattreats.com/terms-of-use/ and that you agree to be bound by them. Only one participation per household is permitted.
- Promotion Award: For participating in the Promotion, a Participant will receive a free box of Delectables™ cat treats, which will have a value of not more than [$25.00].
- Odds of Receiving a Promotion Award: 100% of Participants in the Promotion who participate through Method 1 during the Participation Period will receive the Promotional Award unless the Participant does not complete the Promotion correctly. Approximately 6% of persons purchasing a package of Delectables Lickable Spoon™ cat treats via an ecommerce website during the Participation Period will find a Promotion Insert Card located within the box that will invite such person to participate in the Promotion via Method 2. Unless the Participant does not complete the Promotion correctly, 100% of such Method 2 Participants will receive the Promotional award.
- Taxes: Any tax liabilities arising as a result of participating in the Promotion are solely the responsibility of each such Participant.
- Interpretation: Sponsor shall be deemed sole interpreter of these Promotion Official Rules.
- Data Privacy: Participants agree that personal data, especially names and addresses, may be processed, stored and otherwise used for the purposes and within the context of the Promotion and any other purposes outlined in these Official Rules. The data may also be used by the Sponsor in order to check the Participants’ identity, postal address, and telephone number or to otherwise verify their eligibility to participate in the Promotion and to receive any Promotion Award. Participants have a right to access, review, rectify, or cancel any personal data held by the Sponsor by writing to the Sponsor care of the Legal Department (Attention: legal@hartz.com) or at the mailing address listed below. If the Participant’s data required for entry in the Promotion is not provided or is inaccurate, the Participant’s Submission will be ineligible. Participants agree that any personal data or other information provided in order to participate in this Promotion will be subject to the Privacy Policy found at https://www.delectablescattreats.com/privacy-policy/ and the Terms of Use found at https://www.delectablescattreats.com/terms-of-use/ and Sponsor shall have no liability or responsibility in connection therewith. By participating in the Promotion, each Participant agrees that its name may be disclosed to other Participants per paragraph 13 below.
- Elimination: Any false information provided within the context of the Promotion by any Participant concerning identity, postal address, telephone number, email address, ownership of right or non-compliance with these rules or the like may result in the immediate elimination of the Participant from the Promotion. Sponsor further reserves the right to disqualify any Participant that Sponsor believes, in its sole and unfettered discretion, has infringed upon or violates the rights of any third party or otherwise does not comply with these Official Rules. Return of any Promotion Award as undeliverable releases Sponsor of any further responsibility to such Participant.
- Indemnification: Each Participant agrees to indemnify and hold the Sponsor, their subsidiaries and affiliates and their respective directors, officers, employees, agents and assigns, harmless against any and all claims, costs, damages, attorneys’ fees, expenses, any amounts and any liability arising out of acceptance, use or misuse of the Promotion Award, which indemnity shall survive indefinitely.
- General Rules: Sponsor reserves the right at any time to modify, change or revise any of these Official Rules. The Promotion is void where prohibited, taxed or restricted by law. All federal, state and local laws and regulations apply.
- 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. Each Participant understands that Sponsor is relying on this Participant’s agreement with these Official Rules, and each Participant agrees that its agreement with these Official Rules cannot be terminated, rescinded, or modified, in whole or in part.
- Limitations of Liability: The Sponsor assumes no responsibility for any technical malfunctions that may occur during participation in the Promotion or any Promotion-related activity. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing (including, without limitation, any such problems which may result in the inability to access social media or the website(s)). The Sponsor are not responsible for any injury or damage to a Participant or any other person, or to any computer related to or resulting from participating in the Promotion. If, for any reason, the Promotion 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 the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion in whole or in part (including, without limitation, any Promotion date or deadline), and to limit Participants receiving a Promotion Award to those eligible Participants from that portion of the Promotion that has not been compromised, if any.
IN NO EVENT WILL THE SPONSOR BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS), ARISING OUT OF OR IN CONNECTION WITH THE PROMOTION.
- Jurisdiction and Venue: Except where prohibited, as a condition of participating in the Promotion, each Participant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Promotion, or any Promotion Award, shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will any Participant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than Participant’s actual out-pocket expenses (e.g., any costs associated with entering the Promotion), and each Participant further waives all rights to have damages multiplied or increased. All issues, questions, rights, and obligations of a Participant in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the State of New Jersey, U.S.A., without giving effect to the conflict of laws rules thereof and any matters or proceedings as set forth in these Official Rules, shall take place in the County of Hudson, New Jersey. The parties waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or any Promotion.
- List of Participants: To obtain the name of the Participants in the Promotion, send a self-addressed, stamped envelope to the Sponsor.
Sponsor: The Hartz Mountain Corporation, 200 Plaza Drive, Secaucus, NJ 07094, Attention: Marketing Department.
