TIDY CARE REFRESH CONTEST

Official Rules

NO PURCHASE OR PAYMENT NECESSARY. A
PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
BY SUBMITTING A PHOTO IN THIS CONTEST,
THE ENTRANT HEREBY ACKNOWLEDGES AND AGREES THAT THE PHOTO MAY APPEAR ON SPONSOR’S
WEBSITE AND SOCIAL MEDIA PAGES.
BY ENTERING THE CONTEST, EACH ENTRANT
AGREES TO THESE OFFICIAL RULES.

Eligibility: 
The Nestlé Purina PetCare Company, – Tidy Care Refresh Contest (the “Contest”) is
open only to legal residents of the 50 United States and District of Columbia who
are cat owners with a maximum of three (3) cats in their household, and 18 years or
older (or 19 years or older for residents of AL & NE). Void where prohibited by law.
No purchase necessary to enter the Contest. Employees of Nestlé Purina PetCare
Company, 1 Checkerboard Square, St. Louis, MO 63164 (the “Sponsor”), Brandmovers,
Inc., 1519 Carroll Drive, Atlanta, GA 30318 (“Administrator”), Wal-Mart Stores, Inc.
(collectively with Sponsor and Administrator, the “Released Parties”), and any of
their respective parent companies, affiliates, subsidiaries, advertising agencies,
or any other company or individual involved with the design, production execution or
distribution of the Contest and their immediate family (spouse, parents and
step-parents, siblings and step-siblings, and children and step-children) and
household members of each such employee are not eligible to enter or win. The
Contest is subject to all applicable federal, state and local laws and regulations.
Participation constitutes entrant’s full and unconditional agreement to these
Official Rules and Sponsor’s decisions, which are final and binding in all matters
related to the Contest. Winning a prize is contingent upon fulfilling all
requirements set forth herein.

Contest
Periods: 
The Contest consists of the following two (2) time periods and deadlines:

 The entry period begins on April 10, 2023 at 12:00:00 AM Central Time
(“CT”) and ends May 8, 2023 at 11:59:59 PM CT (the “Contest Entry Period”).

 The judging period will run from May 9, 2023 through May 22, 2023
(“Judging Period”).

How to Enter.
 
To enter the Contest, eligible entrants can visit www.TidyCareRefresh.com
(“Website”) during the Contest Entry Period (defined in Official Rule #2(a) above).
Once on the Website, find, complete and submit the online entry form, including
answering the questions (“Answers”) and uploading a photo of your cat and your cats’
litter box space (“Photos”). Photos must be in JPG, JPEG or PNG format and no larger
than 5 MB in size. The entry form, Photos and Answers will collectively be referred
to as a “Submission.” All Submissions must be received by 11:59:59 PM CT on May 8,
2023 to be eligible for the Contest. Sponsor is not responsible for any technical
issue relating to the entry form, including any issues with uploading the Photos,
entry form or Answers. Limit one (1) Submission per–household during the entire
Contest Entry Period.

Photo and
Answers Requirements:  
Entrants agree to and understand that the Photos and Answers will be made available
to the public, including without limitation, posting on the Internet and may appear
in Sponsor’s advertising and marketing materials. Whether or not Photos and Answers
are published on the Internet, Sponsor does not covenant or guarantee any
confidentiality with respect to any Photos and Answers entries.

The Photos and Answers must not have been submitted previously in any
Contest of any kind or exhibited or displayed publicly (i.e., disclosed
beyond your immediate circle of friends and family) through any means
previously.
The Photo must be the entrant’s personal cat and taken at entrant’s home. No
professionally-taken Photos will be accepted.
Each Photo and Answers must be an original creation of the submitting
entrant which is under no restriction, contractual or otherwise, that will
prevent Sponsor’s use of the Photos and Answers and each Photos and Answers
must be free of any and all liens, encumbrances and claims of third parties.
Entrant acknowledges, agrees and warrants that, nothing in the Photos or
Answers infringes on any copyrights, confidential information, trade secrets
or trademarks belonging to any person or entity other than the entrant
absent a suitable license, clearance or permission agreement (proof of which
is required upon submission), or violates any person’s rights of privacy or
publicity and that all necessary releases and permissions have been secured.
Entrant agrees to indemnify and hold harmless each of the Released Parties
and their respective parent, subsidiaries, and affiliates and each of their
respective officers, directors and employees, from and against any and all
claims, demands, damages, costs, liabilities and causes of action of
whatsoever nature that are based upon or arise out of any breach by entrant
of these Official Rules or the warranties and representations made by
entrant in this paragraph. Modifying, enhancing or altering a third party’s
preexisting work does not qualify as entrant’s original creation.
By uploading the Photos and Answers, the entrant agrees, for zero
compensation, to grant to Sponsor all intellectual property rights in the
Photos and Answers and each of its constituent parts, which rights include,
without limitation, the Sponsor’s right to publish, make available to the
public and/or reproduce the Photos and Answers through any media available
at any time during, or after, the Contest Period on any related websites, in
any promotional materials, whether related or un-related to the Contest, and
at any other location, whether physical or online, that Sponsor, in its sole
discretion, deems appropriate and necessary for the operation and promotion
of this Contest. In addition, entrant warrants that any so called “moral
rights” in the Photos and Answers have been waived and entrant acknowledges
and agrees that Sponsor may use any ideas from any Photos and Answers or
other submitted materials, whether or not entrant has been awarded a prize
in connection with any such Photos and Answers or other materials. Entrant
agrees to release, defend, indemnify and hold harmless each of Released
Parties, and each of their parent, subsidiaries, and affiliates and each of
their respective owners, employees, directors, officers, agents, and
subcontractors from all claims, demands, and causes of action of any nature
whatsoever which entrant or entrant’s heirs, representatives, executors,
administrators, or any other persons acting on entrant’s behalf or on behalf
of entrant’s estate, have or may have by reason of: (i) Sponsor’s exercise
of any rights granted by entrant in this paragraph; (ii) claims based on
violation of any right of publicity or rights of personality, infringement
of copyright or trademark, libel, slander, defamation, invasion of privacy,
loss of earnings or potential earnings in connection with Sponsor’s use of
the Photos entry and any portion thereof, or the likeness of any natural
person therein.
Entrants are responsible for securing necessary permissions, talent and
location releases, and licenses for any visual material contained in the
Photo entries.

Photos and Answers Content Restrictions
Photos and Answers must not contain material that:

Contains or depicts someone smoking or intoxicated;

Violates or infringes another’s rights, including without limitation,
privacy, publicity or intellectual property rights, or that constitutes
copyright infringement;

Contains material that promotes bigotry, racism, hatred or harm against any
group or individual or promotes discrimination based on race, sex, religion,
nationality, disability, sexual orientation or age;
Contains any unacceptable clothing or adornments, or displays any
commercial/corporate brand or advertising other than that of Sponsor
(including but not limited to corporate logos, brand names, trademarks,
slogans, political, personal and religious statements);

Contains indecent or unsafe behavior or situations, profanities or
obscenities, including but not limited to nudity, or pornography, or is
otherwise inappropriate, indecent, profane, obscene, hateful, tortuous,
slanderous or libelous;
Because Nestlé Purina PetCare Company promotes the compassionate care of all
pets, photos depicting or describing animals in unsafe conditions or
conditions not exemplifying responsible pet ownership, in Sponsor’s sole
discretion, will be disqualified. You should avoid even the “appearance” of
your cat being in unsafe conditions in your entry.Sponsor’s determination of
what constitutes an unsafe activity or condition shall be final.;
References persons or organizations without their written permission;
Disparages any persons or organizations;
Includes threats to any person, place, business, or group;
Is unlawful, in violation of or contrary to all applicable federal, state,
or local laws and regulations.
Failure of any Photo or Answers to comply with the above “Photo and Answers
Requirements” and “Photo and Answers Content Restrictions,” as determined by
Sponsor, in its sole discretion, may result in disqualification of entrant.
Without limitation, Sponsor reserves the right in its sole discretion to
disqualify any entry that, in their sole opinion, refers, depicts or in any
way reflects negatively upon the Sponsor, the Contest or any other person or
entity, does not comply with these Official Rules or if Sponsor receives
notification about any potential infringements or breaches of law or any
other reason set forth herein. All Photos and Answers entries shall become
the exclusive property of Sponsor and will not be returned. Photos and
Answers entries must be suitable for presentation in a public forum, in sole
determination of Sponsor.
Failure of any Photo entry to comply with the
above
“Photo Entry Requirements” and “Photo Entry
Content Restrictions,” as determined by Sponsor, in its sole discretion, may
result in
disqualification of entrant. Without limitation, Sponsor reserves the right
in its sole discretion to
disqualify any entry that, in their sole opinion, refers, depicts or in any
way reflects negatively
upon the Sponsor, the Sweepstakes or any other person or entity, does not
comply with these
Official Rules or if Sponsor receives notification about any potential
infringements or breaches of
law or any other reason set forth herein. All Photo entries shall become the
exclusive property of
Sponsor and will not be returned. Photo entries must be suitable for
presentation in a public
forum, in sole determination of Sponsor.

Judging
Criteria/Semi-Finalist/Finalist/Prize Winners Selection:  

Finalists:  
During the Judging Period, all eligible Submissions received during the
Contest Entry Period will be judged by independent judging panel from
Sponsor using the following judging criteria and percentages: (a) Fit within
the Tidy Care brand and Contest theme (25%); (b) Need for Litter Box Refresh
based on Written Entry (25%); (c) Creativity of Written Entry (25%), and
Richness of Visual Assets Submitted with Entry (25%) (collectively, the
“Judging Criteria”). The Submission that receives the overall highest score
will be deemed the Grand Prize winner, the remaining five (5) Submissions
will be deemed Runner Up Winners. In the event of a tie, the Grand Prize
winner will be deemed the Submission who received the highest score in the
Need for Litterbox Refresh as explained in the Answers criteria. Each
potential winner will be notified by Administrator or Sponsor on or about
the business day following the Judging Period by email or telephone.
Administrator will make up to two (2) attempts to contact each potential
winner. Each potential winner must respond within 48 hours from
Administrators sending the email to the potential winner, or prize will be
forfeited and awarded to an alternate winner, time permitting.

Prizes and
Approximate Retail Value (“ARVs”) – One (1) Grand Prize –
 
A $5,000.00 Walmart Gift Card to go towards the Refresh transformation, a 1-year
supply of Tidy Care Comfort cat litter, awarded as twenty (20) manufacturers
coupons, each good for a 24 lb. box (Free up to $29.99) of Tidy Cats® Tidy CareTM
comfort cat litter, a 1-year W+ subscription, and a virtual consultation with a
Sponsor-selected design expert, along with a virtual consultation with Purina
Principal Pet Behavior Specialist, to further understand the space and cat
behaviors. Consultation with Sponsor’s design expert will include room renderings or
style boards created and provided by Sponsor’s design expert, a list of recommended
home products from Walmart that will work well in the space, guidance from Purina
Principal Pet Behavior Specialist to keep cat behaviors in mind, and ARV: $7,000.00.
Sponsor will also provide Grand Prize winner with a single cash payment in the form
of a corporate check, which is intended to assist the winner with any federal,
state, or other tax obligations related to the Grand Prize (the “Tax Gross-Up
Payment”). The Tax Gross-Up Payment will be $2,800. The Grand Prize winner’s actual
tax liabilities related to the Grand Prize could exceed the Tax Gross-Up Payment.
The Grand Prize winner is solely responsible for all applicable federal, state, or
other tax obligations related to the Grand Prize. Sponsor will not provide any
further assistance toward the winner’s tax obligations. Gift cards are subject to
the terms, conditions and restrictions printed on the card. The virtual consultation
will occur at a Sponsor-specified date and time and in the event the Grand Prize
winner is unwilling or unable to meet with Sponsor’s design expert or Purina
Principal Pet Behavior Specialist at such time, the consultation portion of the
Grand Prize will be forfeited and go unawarded at Sponsor’s sole discretion and the
total ARV of the Grand Prize will be reduced to $5,298.00. Released Parties are not
responsible in the event design expert or Purina Principal Pet Behavior Speciali are
unable to make the virtual consultation. Five (5) Runner Up Prizes
– A Tidy Care
prize pack consisting of [insert products] $100 in Purina Tidy Cats product coupons,
and a 1-year W+ subscription. ARV: $500.00 each. Coupons are subject to the terms,
conditions and restrictions printed on coupons. The total ARV of all Prizes is
$12,300.00.

Prizes are non-transferrable, and not substitutable and not redeemable for cash.
Sponsor may substitute a prize, or portion thereof, for one of equal or greater
value at Sponsor’s sole discretion for any reason. Winners are solely
responsible for all local, state and federal taxes associated with the Prizes.
Winners may be required to sign a Winner Release & liability and/or publicity
release (“Prize Release”) form prior to issuance of a prize, including a W9 tax
form, if applicable. A 1099 form may be submitted to all appropriate taxing
authorities. The winners must meet the eligibility requirements as set forth in
Paragraph 1 of these Official Rules.

Claiming the
Prize:
 
In order to collect the Prizes, the potential Prize winners will be required to
verify their email and mailing address to Sponsor (no PO Boxes), and provide the
Prize Release and W9 (if applicable) to Sponsor, within ten (10) business
days of
being notified they are a winner. Upon receipt of the Prize Release and W9 (if
applicable), Sponsor or Administrator will mail the Prize to that winner. In the
event the potential winner fails to verify their address or any required documents
within the timeframe provided by Sponsor, they will forfeit their right to the
Prize. Sponsor is not responsible for lost, late, delayed, damaged, stolen,
returned, technical glitches or mutilated mailing or emailing of any prize. All
unclaimed or returned prizes remain the property of Sponsor.

Participation
Conditions/Release/Consent to use Likeness:
 
By participating, each participant agrees to: (a) comply with and be bound by these
Official Rules and the decisions of the Sponsor which are binding and final in all
matters relating to this Contest; (b) release and hold harmless the Released Parties
from and against any and all claims, expenses, and liability, including, but not
limited to, negligence and damages of any kind to persons and property, including,
but not limited to, invasion of privacy (under appropriation, intrusion, public
disclosure of private facts, false light in the public eye or other legal theory),
defamation, slander, libel, violation of right of publicity, infringement of
trademark, copyright or other intellectual property rights, property damage, or
death or personal injury arising out of or relating to a participant’s participation
in this Contest, and acceptance or use or misuse of prize; (c) indemnify, defend and
hold harmless the Released Parties from and against any and all claims, expenses,
and liabilities (including reasonable attorney’s fees) arising out of or relating to
an entrant’s participation in the Contest and/or entrant’s acceptance, use or misuse
of prize; and (d) allow Sponsor’s use for promotional purposes of his/her likeness,
voice and/or address (city/state) without any additional compensation.

General
Conditions:
 
By participating, each participant agrees to: (a) comply with and be bound by these
Official Rules and the decisions of the Sponsor which are binding and final in all
matters relating to this Contest; (b) release and hold harmless the Released Parties
from and against any and all claims, expenses, and liability, including, but not
limited to, negligence and damages of any kind to persons and property, including,
but not limited to, invasion of privacy (under appropriation, intrusion, public
disclosure of private facts, false light in the public eye or other legal theory),
defamation, slander, libel, violation of right of publicity, infringement of
trademark, copyright or other intellectual property rights, property damage, or
death or personal injury arising out of or relating to a participant’s participation
in this Contest, and acceptance or use or misuse of prize; (c) indemnify, defend and
hold harmless the Released Parties from and against any and all claims, expenses,
and liabilities (including reasonable attorney’s fees) arising out of or relating to
an entrant’s participation in the Contest and/or entrant’s acceptance, use or misuse
of prize; and (d) allow Sponsor’s use for promotional purposes of his/her likeness,
voice and/or address (city/state) without any additional compensation.

General
Conditions:
 
Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part
of it, for any reason whatsoever, including, without limitation, fire, flood,
natural or man-made pandemic or epidemic of health or other means, earthquake,
explosion, labor dispute or strike, act of God or public enemy, satellite or
equipment failure, riot or civil disturbance, terrorist threat or activity, war
(declared or undeclared) or any federal state or local government law, order, or
regulation, public health crisis, order of any court or jurisdiction or if any
fraud, technical failures or any other factor beyond Sponsor’s reasonable control
impairs the integrity or proper functioning of the Contest, as determined by Sponsor
in its sole discretion. Sponsor reserves the right, in its sole discretion, to
disqualify any individual it finds to be tampering with the participation process or
the operation of the Contest or to be acting in violation of these Official Rules or
any other Contest or in an unsportsmanlike or disruptive manner. Any attempt by any
person to deliberately undermine the legitimate operation of the Contest may be a
violation of criminal and civil law, 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. Only the type and quantity of prize described in these Official
Rules will be awarded. The invalidity or unenforceability of any provision of these
rules shall not affect the validity or enforceability of any other provision. In the
event that any provision is determined to be invalid or otherwise unenforceable or
illegal, these rules shall otherwise remain in effect and shall be construed in
accordance with their terms as if the invalid or illegal provision were not
contained herein. Sponsor’s failure to enforce any term of these Official Rules
shall not constitute a waiver of that provision.

Limitations
of Liability:
 
The Released Parties as set forth above are not responsible for: (1) any incorrect
or inaccurate information, whether caused by entrants, printing errors or by any of
the equipment or programming associated with or utilized in the Contest; (2)
technical failures of any kind, including, but not limited, to malfunctions,
interruptions or disconnections in phone lines or network hardware or software; (3)
unauthorized human intervention in any part of the participation process or the
Contest; (4) technical or human error which may occur in the administration of the
Contest or the processing of phone calls; or (5) any injury or damage to persons or
property which may be caused, directly or indirectly, in whole or in part, from
entrant’s participation in the Contest or receipt or use or misuse of any Prize.

Privacy
Policies and Data Collections:
 
Information provided by you for this Contest on the entry form, including the Photos
and Answers, is subject to Administrator’s Privacy Policy: http://www.brandmovers.com/legal/privacy;
or Sponsor’s privacy policy:
www.purina.com/privacy-policy
as applicable. By entering this Contest, each entrant
(or their parent/legal guardian if entrant is a minor in the state of their
residence) agrees that the Sponsor and/or Administrator has the right to contact the
entrant by phone, direct message, or email accounts provided on the Entry Form to
administer and fulfill this Contest.

Disputes/Governing Law:
 
Entrant (or their parent/legal guardian if entrant is a minor in the state of their
residence) agrees that: (i) any and all disputes, claims and causes of action
arising out of or connected with this Contest, other than those concerning the
administration of the Contest or the determination of Winners or for any disputes
arising from the loss or injury from the participation in a Prize, shall be resolved
individually, without resort to any form of class action; (ii) any disputes arising
out of these Official Rules (except for any disputes arising from the loss or injury
from the use of Prizes) shall be submitted to final, binding arbitration conducted
in Michigan under the Arbitration Rules and Procedures of the Judicial Arbitration
and Mediation Services Inc. before a single, neutral arbitrator who is a former or
retired Michigan state or federal court judge with experience in entertainment
matters who shall follow Michigan law and the Federal Rules of Evidence and have no
authority to award punitive damages. Either party may enforce a final arbitration
award in any court of competent jurisdiction in Michigan, including an award of
costs, fees and expenses incurred in enforcing the award. Notwithstanding the
foregoing, Released Parties shall be entitled to seek injunctive relief (unless
otherwise precluded by any other provision of these Official Rules) in the state and
federal courts of Michigan. Any dispute or portion thereof, or any claim for a
particular form of relief (not otherwise precluded by any other provision of these
Official Rules), that may not be arbitrated pursuant to applicable state or federal
law may be heard only in a court of competent jurisdiction in Michigan; (iii) any
and all claims, judgments and awards shall be limited to actual out-of- pocket costs
incurred, including costs associated with entering this Contest, but in no event
attorneys’ fees; and (iv) under no circumstances will entrant be permitted to obtain
awards for, and entrant 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.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues
and questions concerning the construction, validity, interpretation and
enforceability of these Official Rules, or the rights and obligations of the entrant
and Sponsor in connection with the Contest, shall be governed by, and construed in
accordance with, the laws of the State of Michigan, without giving effect to any
choice of law or conflict of law rules (whether of the State of Michigan or any
other jurisdiction), which would cause the application of the laws of any
jurisdiction other than the State of Michigan.

Contest
Winners:
 For the Contest Winners’ names (available after May 23, 2023),
send a hand-printed, self-addressed, stamped envelope to: Winners List, Nestle
Purina Pet Care – Tidy Care Refresh Contest Winners, Brandmovers, Inc., 1519 Carroll
Drive, Atlanta, GA 30318.

Official Rules:  
For a copy of these Official Rules see the Website during the Contest Period or
send a hand-printed, self-addressed, stamped envelope to: Official Rules – Tidy
Care Refresh Contest Rules, Brandmovers, Inc., 1519 Carroll Drive, Atlanta, GA
30318.

Administrator  
Brandmovers, Inc., 1519 Carroll Drive, Atlanta, GA 30318.