Terms of Sale

OFFICIAL RULES FOR GIVEAWAYS/SWEEPSTAKES:

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

GENERAL TERMS:

Petal & Pup USA, Inc. or Petal & Pup Pty Ltd (the “Sponsor” or “Petal & Pup”) may post sweepstakes, giveaways, contests and other promotions (each a “Sweepstakes”) from time to time on social media, through its websites, including without limitation https://petalandpup.com or http://petalandpup.com/au and/or its retail stores. By entering a Sweepstakes, you (if a minor i.e., under 18, 19 or 21 years of age depending on your state of residence, your parent or legal guardian) (“you” or “entrant”) agree to abide and be bound by these Official Rules (“Official Rules”) and by the decisions of the Sponsor, which are final and binding on all matters pertaining to a Sweepstakes. Unless specifically stated otherwise, our Sweepstakes are in no way sponsored, endorsed, administered by, or associated with any social media platform, prize provider or organization not specifically named as a Sponsor in these Official Rules. Wireless Internet access fees and other charges imposed by your wireless carrier are your sole responsibility. The Sweepstakes may not be compatible with all mobile devices; wireless Internet access service may not be available in all areas.

ELIGIBILITY: 

Unless otherwise posted on the Sweepstakes Page, the Sweepstakes is only open to legal residents of the United States (excluding Puerto Rico), Australia, and Canada (excluding Quebec) who are at least 18 years of age at the date of entry. Employees of the Sponsor, prize providers, as well as their immediate family members and/or persons living in their households; as well as all of the Sponsor’s agents, affiliates, resellers, advertising and Sweepstakes agencies, and other entities in any way involved in production/distribution/administration of the Sweepstakes are not eligible to participate.

ENTRY DETAILS: 

To enter a Sweepstakes, follow the entry instructions posted on Sponsor’s social media channel, website or in its stores for the particular Sweepstakes (“Sweepstakes Page”). The entry period, prize description, retail value(s) and any material conditions for a particular Sweepstakes will be listed on the Sweepstakes Page for that Sweepstakes; the Sweepstakes Page is made a part of these Official Rules and incorporated herein by reference; should there be any inconsistency between these Official Rules and the Sweepstakes Page, these Official Rules shall govern (except as specifically set forth herein). All dates are subject to change. The clock time shall be determined by Sponsor’s or the applicable platforms’ timekeeping systems. The entry must fulfill all requirements, as specified on the Sweepstakes Page, to be eligible to win a prize. Entries that are not complete or do not adhere to the Official Rules or specifications may be disqualified at the sole discretion of Sponsor. Unless otherwise indicated in the Sweepstakes Page (which shall control for purposes of number of entries allowed), you may enter only once and any attempt to enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent the Official Rules is void and will result in disqualification. Sponsor is not responsible for lost, late, misdirected entries or entries not received regardless of cause. In the event of a dispute over who submitted an entry, the entry will be deemed to have been directly submitted by the authorized account holder of the applicable email or social networking account used to enter the Sweepstakes. The authorized account holder is deemed to be the natural person who is assigned to the account by the relevant entity responsible for assigning those accounts. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. 

FREE METHOD OF ENTRY: 

Unless provided for on the Sweepstakes Page, you may enter a Sweepstakes for free as follows: legibly handprint your name, street address, city, state or province, zip or postal code, complete e-mail address on a standard 4” x 6” postcard (with no outer envelope) and mail to: Petal & Pup Sweepstakes at Sponsor’s address below and include the full name of the particular Sweepstakes from the Sweepstakes Page. Post cards must be postmarked by the end date of the entry period on the Sweepstakes Page and received on or before 7 days after said end date of the entry period.

PRIZE & VALUE: 

Prize description and retail value(s) are listed on the corresponding Sweepstakes Page. Actual/approximate value may differ at time of prize award. The difference in value of a prize as stated in the Sweepstakes Page and the value at time of prize notification, if any, will not be awarded. Sponsor reserves the right to substitute a prize of equal or greater value. The specifics of the prize shall be solely determined by the Sponsor. If a portion or  any element of prize is forfeited, no alternate prize or compensation will be awarded. Prize is non-transferable and does not include travel unless otherwise stated in Sweepstakes Page. Any and all prize related expenses, including without limitation taxes or prize related add-ons shall be the sole responsibility of the winner. All prizes are “AS IS” without any warranty of any kind, express or implied. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winner is permitted except at Sponsor’s sole discretion. Gift cards or codes are subject to additional terms and conditions, have no cash value, can only be used for currently available merchandise on the corresponding website and may have certain product exclusions and expiration dates. Any items purchased with or amounts unused on the card/code may not be exchanged for cash. See gift card terms and conditions for further details and any restrictions.  All winners and for prizes that involve a guest, the guest must be age of majority or older and both must sign an Affidavit of Eligibility and Liability/Publicity Release within the indicated time period; no substitute prize or compensation will be awarded if winner elects participation without guest. Winner and guest (if applicable) must conduct themselves appropriately during prize activities; failure to do so may result in forfeiture without compensation. No insurance provided in conjunction with prize travel. No award points, frequent flier miles or other perks awarded for prize travel. If a prize that is being mailed to the winner, the prize will be mailed or delivered by Sponsor or third party courier, at Sponsor’s expense, to the winner at the physical address located in the eligible territories provided by the winner at time of notification within 30 days. Physical addresses only. The risk of loss and title for the prize passes to winner upon Sponsor’s delivery to the third-party carrier or at the delivery point to the winner’s shipping address. 

ODDS OF WINNING & WINNER NOTIFICATION: 

Sweepstakes winners will be selected by random draw based on all eligible entries received. Odds of winning depend on the number of eligible entries received. Potential winners (subject to verification of eligibility and compliance with these Official Rules) may be announced publicly by Sponsor’s social media page. Sponsor will notify each winner by direct message on its social media network, phone or email within ten (10) business days after the end date listed on the Sweepstakes Page (the “Winner Notification”). A winner must respond to the Winner Notification within 48 hours of receipt and must provide in such response all required information which may include: (i) winner’s full legal name, (ii) current residential mailing address, (iii) phone number, (iv) date of birth, (v) a social security number, (vi) proper identification, and/or (vii) a signed affidavit and release in order to claim the prize. In addition, a potential winner from Canada, if any, will be required to correctly answer a mathematical skill-testing question without aid or assistance in order to be declared a “Winner”. If a winner fails to respond to the Winner Notification in the time and in the manner required, or if a Winner Notification is returned as undeliverable, such winner will be disqualified and will be deemed to have forfeited their prize without compensation of any kind. Sponsor shall have no liability for a winner's failure to receive notices due to winners' spam, junk e-mail or other security settings, winners’ failure to follow/like the Sponsor’s social media page, or for winners' provision of incorrect or otherwise non-functioning contact information. It is the sole responsibility of an entrant to notify Sponsor of any changes in their name and/or address (or other contact information). Each winning entrant must sign and return any documents, if requested, within the time period stipulated by the Sponsor. If winning entrant entered by joining the Sponsor’s rewards loyalty program, winning entrant must still be a member of the program in full accordance with the program’s Terms of Use at time of prize award; cancellation of membership or voiding of membership may result in disqualification and forfeiture of the prize. If a potential winner cannot be contacted, fails to timely claim the prize, is disqualified, fails to timely execute and return any required forms, or if the prize notification is returned as undeliverable, Sponsor may select an alternate winner via random drawing from the remaining eligible entries. If by reason of printing or other error, more prizes are claimed than set forth above, a random drawing will be held to award the advertised number of prizes in the relevant category. No more than the advertised number of prizes will be awarded. 

TAXES & EXPENSES: 

Winners are solely responsible for all federal, state, and local taxes and all other fees and expenses associated with prize acceptance and use. Should prizes consist of or include points for a rewards loyalty program, the program’s Terms of Use shall govern the winner’s acceptance and use of such prizes. US Winners of prizes valued at $600 or more will be issued an IRS 1099 Tax Form reflecting the actual value of the prize; and such winners agree to execute and return an IRS W9 Tax Form and otherwise fully cooperate with Sponsor in conjunction with reporting their receipt of such prize to the US Internal Revenue Service as required by law.

RELEASES: 

By entering the Sweepstakes, each entrant (if a minor, their parent or legal guardian) indemnifies, releases and agrees to hold harmless Sponsor and its parents, subsidiaries, affiliates, owners, employees, partners, prize providers, advertising agencies, and any social media platform used in connection with the Sweepstakes from any liability whatsoever for any claims, costs, losses, or damages of any kind (including, but not limited to, consequential or punitive damages, those related to, personal injury, death, damage to property, infringement of proprietary rights, rights of publicity, or privacy or defamation, and attorney fees) arising out of or in connection with: (1) entering a Sweepstakes; (2) technological, programming, computer, network, electronic, social media platform malfunctions/errors/failures which corrupt or interfere with the intended conduct of any Sweepstakes, including but not limited to such malfunctions/errors/failures which result in lost, late, damaged, garbled, corrupted, incomplete, inaccessible or otherwise comprised entry submissions regardless of cause; (3) acceptance, use/misuse or possession of any prize; (4) entrant’s participation in this Sweepstakes or any Sweepstakes-related activities (including without limitation, events, travel, etc.) or (5) any other act or omission arising out of or relating to the Sweepstakes. 

DISPUTES: 

As a condition of participating in this Sweepstakes, entrant 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 Sweepstakes shall be resolved individually, without resort to any form of class action, exclusively before a court located in San Francisco, California having jurisdiction, with such court applying California law without regard to choice of law/conflict of law provisions. Entrant consents to the personal jurisdiction of such courts and waives any right of change of venue, forum non convenience, or the like. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased. Sponsor may waive any term of the Official Rules in its sole discretion. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms and if the invalid or illegal provision were not contained herein.

MISCONDUCT: 

Sponsor reserves the right at its sole discretion to disqualify or refuse entry to any person who (i) tampers with the registration process, the operation of a Sweepstakes or a Sponsor web site; (ii) acts in an unsportsmanlike or disruptive manner, or with the intent to annoy or harass another person; or (iii) is otherwise in violation of these Official Rules. Entries generated by a script, macro, or other automated means and entry by any means which subvert the entry process will be void. Sponsor reserves the right, in its sole discretion, to disqualify from the Sweepstakes and ban from any future Sweepstakes, any person it believes has intentionally violated these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or to have tampered with any element of the Sweepstakes without notice to the disqualified or banned person. Sponsor will interpret these Official Rules and resolve any disputes, conflicting claims or ambiguities concerning the Official Rules or the Sweepstakes and Sponsor’s decisions concerning such disputes shall be final. If the conduct or outcome of the Sweepstakes is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of Sponsor (including but not limited to natural disaster, epidemic/pandemic, civil commotion, riot or strike), Sponsor reserves the right to terminate this Sweepstakes or make such other decisions regarding the outcome as Sponsor deems appropriate in its sole discretion. In such an event, Sponsor shall endeavor to make all prizes and discounts available in a manner which is fair, appropriate and consistent with these Official Rules, to the extent feasible. Any attempt by an entrant to deliberately damage any web site or undermine the operation of the Sweepstakes may be a violation of criminal and civil laws and should such an attempt be made; Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The use of robotic, automatic, macro, programmed, or like methods for participation in this Sweepstakes is strictly prohibited and all such entries will be void. 

PUBLICITY & MARKETING: 

If an entry is chosen as a winner, each winning entrant expressly consents (where legal) to the use by Sponsor (without further permission or financial compensation) of winner’s name and/or likeness and any other indica of identity for purposes of publicity in connection with the Sweepstakes,  and marketing and advertising purposes in any medium, without further notice, approval, or compensation, unless prohibited by law . By submitting content as an entry in a Sweepstakes, entrant understand that Sponsor or anyone acting on behalf of Sponsor, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the world, entrant’s entry, including, without limitation, the entry content and winner's name, portrait, picture, voice, likeness, image or statements about the Sweepstakes or Sponsor’s goods and services, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any compensation. Submission of personal information in connection with this Sweepstakes (whether or not required) constitutes permission for Sponsor to use such personal information for purposes of administration of the Sweepstakes and for the purposes permitted by Sponsor’s Privacy Policy at including marketing messages. You may opt-out of receiving such communications as set forth in Sponsor’s Privacy Policy or as provided within any such marketing materials (e.g., “Unsubscribe” link). You understand that you are providing your information to Sponsor.

PRIVACY POLICY: 

Entry and related information collected by Sponsor in connection with the Sweepstakes is governed by Sponsor’s Privacy Policy, which can be viewed at https://petalandpup.com/pages/our-privacy-policy

THIRD PARTY PLATFORMS: 

The Sweepstakes is in no way sponsored, endorsed, administered by or associated with Instagram, TikTok or any other social network (collectively, the “Social Network”).  By participating, you confirm you are 13+ years of age, release the Social Network and its respective parent companies, subsidiaries, affiliates, partners, employees, directors, agents, advertising agencies, from and against any and all injury, loss or damage caused or claimed to be caused by your participation in the Sweepstakes and/or the acceptance, awarding, receipt, use and/or misuse of the prize, and agree to the Social Network’s terms of use. Any questions regarding this Sweepstakes should be directed to Sponsor. 

WINNER LIST: 

For any legally required prize winner list, or for an additional copy of these Official Rules, email Sponsor at contactus@petalandpup.com within 60 days of the end date of the entry period and be sure to include the full name of the particular sweepstakes from the Sweepstakes Page. Please specify “Name of Winner” or “Official Rules” (as applicable) in the subject line of your email.

SPONSOR: 

The Sponsor of the Sweepstakes is Petal & Pup with address of 100 Montogomery Street, Suite 2270, San Francisco, CA 94104, USA. PETAL & PUP and the Petal & Pup Logos are trademarks or registered trademarks of Sponsor in the USA, Australia, and other countries. Other names may be trademarks of their respective owners.  Any questions regarding this Sweepstakes should be directed to Sponsor at: legal@aka-brands.com.