Petco – Make More Merry Holiday Sweepstakes

PETCO’S
MAKE MORE MERRY HOLIDAY CONTEST
OFFICIAL RULES

OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES
OR THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER.

NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

ELIGIBILITY: Open only to legal residents of the 50
United States or the District of Columbia who are 18 years of age or
older at time of entry. Employees of Petco Animal Supplies Stores,
Inc., its parents, affiliates, subsidiaries, advertising and
promotion agencies and webmasters/suppliers and members of the
immediate families and persons living in the same household (whether
or not related) of such employees are not eligible to enter or win.
The Sponsor’s determinations of eligibility are final and may be
made at any time prior to prize award. Void where prohibited.

CONTEST PERIOD: Petco’s Holiday Make More Merry
Contest (“Contest”) begins at 12: 00 am Pacific Time (“PT”) on
November 15, 2022 and ends at 11: 59 pm PT on December 28, 2022
(“Contest Period”).

HOW TO ENTER: Post a public photo on Instagram
showing us how you and your pet Make More Merry this holiday season
ensuring the following: you tag @petco (and no other pages or
accounts) in your post and use the hashtag #PetcoHolidayContest, and
you follow the @petco Instagram account. Doing so will result in
receipt of one entry (“Entry”) into the Contest. You may enter as
often as you wish, but each photo must be different. Photos must be
uploaded in accordance with the Instagram Terms of Use
(http://www.instagram.com/about/legal/terms/)

Only photos uploaded during the Contest Period may be considered
valid entries. Adding the hashtag to photos which were uploaded
prior to the Contest Period will not be eligible for participation
in this Contest (even if such photos are otherwise in compliance
with these Official Rules).

Entries must consist of a photo. Entries become the property of the
Sponsor and will not be acknowledged or returned. Use of any
automated system to enter as determined by the Sponsor in its sole
judgment is prohibited and will result in disqualification at the
Sponsor’s sole discretion. Normal Internet access and usage charges
imposed by your online service will apply. If you post updates to or
receive updates from your mobile phone, such activity will be
subject to the charges pursuant to your mobile service provider’s
rate plan. You further understand that by participating in the
Contest via mobile phone, if you are a potential winner, the Sponsor
may contact you via mobile phone, solely for purposes of Contest
administration, which will be subject to the charges pursuant to
your mobile service provider’s rate plan. Please consult your mobile
service provider for more information. All terms and conditions of
Instagram apply. Multiple entrants are not permitted to share the
same accounts. In the event of a dispute regarding the identity of
the person submitting an Entry, the Entry will be deemed to be
submitted by the natural person who is the “authorized account
holder” assigned to the account in question. It is your sole
responsibility to notify the Sponsor in writing if you change your
account(s). Further, note that your Entry will not be considered
successfully submitted if your social media account settings prevent
the Sponsor from seeing your Entry (i.e. your account should be set
to “public” or a similar setting that will allow the Sponsor to see
your Entry).

Nothing herein shall constitute an employment, joint venture, or
partnership relationship between you and the Sponsor or any other
Releasees. In no way are you to be construed as the agent or to be
acting as the agent of the Sponsor or any other Releasees. Entries
that do not include all required information will be considered
void.

By submitting an Entry, you represent and warrant that (a) you are
the sole creator of the Entry, (b) the Entry is wholly original, (c)
the Entry does not infringe the privacy or publicity rights or any
other legal or moral rights of any third party, (d) the Entry has
not previously been entered in any other Contest and (e) the Entry
has not been previously published on Instagram or in any other
medium. You further represent and warrant that you have obtained
written permission from each person whose name, image or likeness
(“Likeness”) is included in the Entry, that such person(s) have
granted you all necessary rights to use the Likeness as described in
these rules, and that you can and will give written copies of such
permissions to the Sponsor upon request. If your Entry includes the
Likeness of a person who is under the age of 18 or under the age of
majority in his/her jurisdiction of residence, whichever is greater
(a “Minor”), such grant of rights must include written permission
from the Minor’s parent or legal guardian, authorizing the use of
the Minor’s Likeness on behalf of the Minor. You further represent
and warrant that you are the owner of any pet(s) depicted in the
Entry, and, if not, that the owner(s) of such pet(s) has/have
granted you all necessary rights to include the pet(s) in the Entry
as per these rules, and that you can and will give written copies of
such permission(s) to the Sponsor upon request. Further, if the
submitted photo was taken by anyone other than you, you represent
and warrant that such person(s) have granted you all rights to the
photo (and that they understand that you alone are the contestant in
the Contest and will receive a prize if the Entry is selected as a
prize winner), and that you can and will give written copies of such
permissions to the Sponsor upon request. Once submitted, an Entry
may not be changed, altered, modified or deleted. By submitting an
Entry, you grant the Sponsor and each of its affiliated companies,
and their agents, licensees and assigns the unconditional and
perpetual right and permission to reproduce, encode, store, copy,
transmit, publish, post, broadcast, display, publicly perform,
adapt, modify, create derivative works of, exhibit, and otherwise
use the Entry or part thereof (with or without using your name) in
any media throughout the world for any purpose, without limitation,
and without additional review, compensation, royalty, or approval
from you or any other party. You agree that, upon request by the
Sponsor and without compensation, you will sign copyright
assignments as necessary to assign any and all rights to the photo
to the Sponsor. By submitting an Entry, you further agree not to
instigate, support, maintain, or authorize any action, claim, or
lawsuit against the Releasees (as defined below), or any other
person or entity, on the grounds that any use of the Entry, or any
derivative works, infringes any of your rights, including, without
limitation, copyrights and moral rights. You further acknowledge
that the Sponsor, its affiliated companies, and their agents,
licensees and assigns are in no way obligated to broadcast, publish
or use your Entry in any way. Nothing herein shall constitute an
employment, joint venture, or partnership relationship between you
and the Sponsor or any other Releasees. In no way are you to be
construed as the agent or to be acting as the agent of the Sponsor
or any other Releasees. See Section 7 below for additional
requirements for your Entry.

Entries will be reviewed by the Sponsor for compliance with the
Entry parameters set forth herein, and if accepted, may be re-posted
by the Sponsor (such re-posting merely indicates that the Entry has
been preliminarily determined to be eligible under these rules and
is not otherwise binding upon the Sponsor). The Sponsor reserves the
right in its sole discretion to decide if any Entry is appropriate
for posting or publication and may disqualify any Entry at any time
in the event it is determined, in the Sponsor’s sole discretion,
that the Entry is not appropriate or that the contestant has not
complied with these Official Rules.

ANY RE-POSTED PHOTO REPRESENTS SOLELY THE VIEWS/OPINIONS OF THE
APPLICABLE ENTRANT AND DOES NOT REFLECT THE VIEWS/OPINIONS OF THE
SPONSOR IN ANY MANNER. THE SPONSOR IS MERELY ENCOURAGING PERSONS TO
PROVIDE CONTENT, AND THE SPONSOR DISCLAIMS ANY AND ALL LIABILITY IN
CONJUNCTION WITH THE CONTENT OF ANY SUCH PHOTO INCLUDING MONITORING,
FILTERING OR MODERATION PHOTOS. THE SPONSOR WILL NOT EDIT OR MODIFY
PHOTOS SUBMITTED FOR THE CONTEST IN CONJUNCTION WITH THE
ADMINISTRATION OF THE CONTEST.

DRAWING/PRIZES/ODDS: On or about December 31,
2022, a random drawing from valid Entries received during the
Contest Period will be conducted by the Sponsor to award to eight
(8) winners each one (1) $500 Petco gift card (approximate retail
value is $500.00 each; $4,000 total).

The winners will be required to complete an Affidavit or Declaration
of Eligibility/Liability Release, and, where lawful, a Publicity
Release, and a W9 Form, which must be returned within the time
period specified by the Sponsor or the prize will be forfeited
without compensation and an alternate winner may be selected from
among all remaining eligible Entries). The value of the prizes will
be taxable to the winners as income. An IRS Form 1099 will be issued
in the name of each winner for the value of their prize.

Odds of winning will be determined by the number of eligible Entries
received.

WINNER NOTIFICATION: The winners will be notified
by @petco on Instagram via direct message and announced on Petco’s
Instagram. It is recommended that entrants confirm that their social
media notification settings are turned on, and that they continue to
follow @petco, such that they would be notified in a timely fashion
of the Sponsor’s attempt to contact them in this manner if selected
as a potential prize winner. To claim a prize, each winner will be
required to respond to the Sponsor’s notification within twenty-four
(24) hours after transmission of the aforementioned message and
provide his/her full name, email address, physical mailing address,
date of birth, and phone number. Subsequently, each winner will
receive additional prize claim instructions by direct message, mail
and/or email from the Sponsor, and may be required to complete, sign
and return an Affidavit or Declaration of Eligibility/Liability
Release, and, where lawful, a Publicity Release and perhaps other
documents. All requested documents must be returned to the Sponsor
within time period specified at time of prize notification. Prizes
are not transferable. No prize substitution is available. Prizes not
redeemable or exchangeable for cash except to the extent required by
law. Winners are solely responsible for all applicable federal,
state, and local taxes, and the winners agree to fully cooperate
with the Sponsor as to their compliance with Internal Revenue
Service and any other governmental reporting requirements, including
by providing their Social Security Number) and for any expenses,
costs or fees associated with acceptance and/or use of the prizes
not specified by the Sponsor as being included. The Sponsor reserves
the right to withhold any portion of a prize deemed necessary for
compliance with tax withholding requirements, and to forward such
portion to the applicable taxing authority on behalf of a winner,
including but not limited to, California non-resident tax
withholding (if applicable). At the sole discretion of the Sponsor,
disqualification, prize forfeiture and the selection of an alternate
winner may result from any of the following: (a) a potential
winner’s failure to respond to initial notification within
twenty-four (24) hours after its transmission; (b) the failure of
notification due to deactivation of a potential winner’s account
prior to receipt of notification; (c) a potential winner’s failure
to provide the Sponsor with satisfactory proof of age, identity and
residency; (d) a potential winner’s failure to complete and return
required documents by the date specified in the winner’s
notification; and (e) any other non-compliance with these Official
Rules.

CONDUCT: By entering the Contest, entrants agree
to comply with and be bound by these Official Rules. Failure to
comply with the Official Rules may result in disqualification from
the Contest. The Sponsor reserves the right in its sole discretion
to disqualify any entrant it finds to be: (1) tampering or
attempting to tamper with the Entry process or the operation of the
Contest; (2) violating the Official Rules; (3) violating the terms
of service, conditions of use or general rules or guidelines of any
the Sponsor property or service; or (4) acting in an unsportsmanlike
or disruptive manner, or with the intent to annoy, abuse, threaten
or harass any other person or whose acts or deeds (actual or
perceived) would or might be deemed detrimental to the Sponsor’s
reputation, as determined by the Sponsor in its sole discretion. Any
false information provided within the context of the Contest by any
entrant concerning identity, postal address, ownership of right or
non-compliance with Official Rules may result in the immediate
elimination of the entrant from the Contest. The Sponsor further
reserves the right to disqualify any Entry that it believes in its
sole and unfettered discretion infringes upon or violates the rights
of any third party, or does not comply with the Official Rules.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO
DELIBERATELY DAMAGE ANY WEBSITE, MOBILE SITE OR SERVICE OR UNDERMINE
THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF
CRIMINAL AND/OR CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE
SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM
ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Further, by
participating, each entrant: (a) agrees to waive any claim for
reimbursement for any equipment or materials necessary to submit an
Entry regardless of whether or not any particular Entry is selected
for a prize; (b) acknowledges that much of the material that will be
submitted as part of the Contest may embody materials, suggestions,
or ideas substantially similar to those which have been developed by
others, or by the Sponsor, and hereby acknowledges that any
similarity is purely coincidental and unavoidable in light of the
volume of ideas that the Sponsor routinely uses and considers in the
course of its business activities, and understands that he/she will
not be entitled to any compensation because of use by the Sponsor of
any materials similar to an entrant’s Entry; and (c) hereby waives
any right to any claim or liability with respect to the Sponsor’s
use of similar materials.

ENTRY REQUIREMENTS: By submitting an Entry, you
represent and warrant that your Entry: (a) is not violent (or
include dangerous stunts), derogatory of any person based on
religion, race, gender, sexual identification/orientation,
ethnicity, national origin or any other category, obscene or
offensive (as determined by the Sponsor in their sole discretion);
(b) does not invade the publicity or privacy rights, defame,
misrepresent or contain disparaging remarks about the Sponsor or its
products/services, or other people, products or companies; (c) does
not infringe any third party’s intellectual property or privacy
rights, or contain any personal identification, such as license
plate numbers, e-mail addresses or street addresses; and (d) is not
in violation of any law, including but not limited to those
prohibiting cruelty to animals. The Sponsor’s determination as to
whether any Entry violates the above is final and in the Sponsor’s
sole discretion. Entries that do not include all required
information and do not adhere to the foregoing and following
requirements will be considered void.

GENERAL CONDITIONS: Limit one (1) prize per person.
This Contest is subject to all federal, state and local laws and
regulations. The Sponsor will have no liability or further
obligation to a winner other than to supply the prize. In the event
that the operation, security, or administration of the Contest is
impaired in any way for any reason, including, but not limited to
fraud, virus, or other technical problem, the Sponsor may, in its
sole discretion, either: (a) suspend the Contest to address the
impairment and then resume the Contest in a manner that best
conforms to the spirit of these Official Rules; (b) award prize from
among the eligible Entries received up to the time of the
impairment; or (c) to proceed in such a manner as may be deemed fair
and equitable by the Sponsor in its sole discretion. If, due to a
human, typographical, mechanical or other error, the number of
potential winners notified is greater than the listed number of
prizes, such listed number of prizes will be awarded in a random
drawing from among all eligible entrants who submit a legitimate
prize claim. The Sponsor reserves the right in its sole discretion
to disqualify any individual it finds to be tampering with the entry
process or the operation of the Contest or to be acting in violation
of these Official Rules or in an unsportsmanlike or disruptive
manner. Any attempt by any person to undermine the legitimate
operation of the Contest may be a violation of criminal and civil
law, and, should such an attempt be made, the Sponsor reserves the
right to seek damages from any such person to the fullest extent
permitted by law. The Sponsor’s failure to enforce any term of these
Official Rules shall not constitute a waiver of that provision. In
the event that the Sponsor is prevented from continuing with the
Contest, or the integrity and/or feasibility of the Contest is
severely undermined by any event beyond the Sponsor’s control,
including but not limited to fire; flood; epidemic; earthquake;
explosion; labor dispute; materials shortage (including due to
product recall); strike; act of God; terrorist threat or activity;
any federal, state, or local governmental law, order, or regulation;
order of any court or jurisdiction; or other cause not reasonably
within the Sponsor’s control (each a “Force Majeure” event), the
Sponsor will have the right, in its sole discretion, to abbreviate,
modify, suspend, cancel, or terminate the Contest without further
obligation. If the Sponsor, in its sole discretion, elects to
abbreviate the Contest as a result of a Force Majeure event, the
Sponsor reserves the right, but not the obligation, to award the
prizes from among all the eligible entries received up to the date
of such Force Majeure event. The Sponsor reserves the right, in its
sole discretion, to cancel, modify or suspend the Contest in whole
or in part, in the event of fraud, technical or other difficulties
or if the integrity of the Contest is compromised, without liability
to any entrant.

RELEASE AND LIMITATIONS OF LIABILITY: By
participating in the Contest, entrants agree to release and hold
harmless the Sponsor, Instagram and their respective parent
companies, subsidiaries, divisions, affiliates, suppliers, brokers,
printers, distributors and advertising, promotional and judging
agencies, and any other entities affiliated with the administration
of the Contest, together with the respective officers, directors,
employees, and agents of each (collectively, the “Releasees”) from
and against any claim or cause of action arising out of
participation in the Contest or receipt or use/misuse of any prize,
including, but not limited to: (a) unauthorized human intervention
in the Contest; (b) technical errors related to computers, servers,
providers, or telephone or network lines; (c) printing errors or any
errors made in the advertisement of the Contest; (d) errors in the
administration of the Contest or the processing of entries; (e)
changes to Instagram policies and procedures that may interfere with
the operation of the Contest (and/or the filtering or other
operation of the functionality of Instagram); (f) 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 of any prize; and/or (g) if a winner, the use of name and/or
photograph for advertising and publicity purposes without
compensation (unless prohibited by law) and entrant further agrees
to execute specific consents to such use if asked to do so, and to
the announcement of his or her name, city and state. Entrants
further agree that in any cause of action, the Releasees’ liability
will be limited to the cost of entering and participating in the
Contest, and in no event shall the Releasees be liable for
attorney’s fees. Entrants waive the right to claim any damages
whatsoever, including, but not limited to, punitive, consequential,
direct, or indirect damages. Without limiting the foregoing, the
Contest, and all materials provided on or through any
Contest-related website are provided “as is” without warranty of any
kind, either express or implied, including without limitation the
implied warranties of merchantability, fitness for a particular
purpose, and non-infringement. Releasees are also not responsible
for Entries that are late, lost, garbled, incomplete,
inaccessible/blocked, corrupted, jumbled, misdirected, delayed or
damaged, regardless of cause, all of which are void.

INDEMNIFICATION: You agree to indemnify and hold
the Releasees harmless from any and all claims, damages, expenses,
costs (including reasonable attorneys’ fees) and liabilities
(including settlements), brought or asserted by any third party
against any of the Releasees due to or arising out of your Entry, or
your conduct in creating an Entry or otherwise in connection with
the Contest, including but not limited to: claims for trademark
infringement; copyright infringement; violation of an individual’s
right of publicity or right of privacy; defamation; or any injury
allegedly suffered participating in the Contest.

PUBLICITY: By submitting an Entry, you grant to the
Sponsor and its affiliated companies and agents, licensees and
assigns, the right, except where prohibited by law, to use your
name, likeness, picture, address (city and state), voice,
biographical information, Entry (including any submitted photo) and
written or oral statements, for advertising and promotional purposes
in promoting or publicizing the Sponsor, its affiliated companies,
and the products or services of each, in any and all media without
limitation as to time or territory, without compensation or further
notice. You shall have no right of approval, no claim to
compensation, and no claim (including, without limitation, claims
based on invasion of privacy, defamation, or right of publicity)
arising out of any use, blurring, alteration, or use in composite
form of your name, picture, likeness, address (city and state),
biographical information, or Entry (including any submitted photo).

PRIVACY: Information submitted in connection with
the Contest will be treated in accordance with these Official Rules
and the Sponsor’s Terms of Use and Privacy Policy (as may be amended
from time to time), currently located at www.Petco.com.

ARBITRATION/CHOICE OF LAW: Except where
prohibited, entrants (and entrant’s parent/legal guardian if entrant
is a minor) agree that: (1) any and all disputes, claims, and causes
of action arising out of or connected with this Contest, or any
prize awarded, or the determination of the winners, shall be
resolved individually, without resort to any form of class action,
and exclusively by arbitration pursuant to the Streamlined Rules and
Arbitration Procedures of Judicial Arbitration and Mediation
Services, Inc., then effective, and (2) 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 (3) 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. All issues and questions concerning the
construction, validity, interpretation and enforceability of these
Official Rules, or the rights and obligations of entrant and/or
Releasees in connection with the Contest, shall be governed by, and
construed in accordance with, the laws of the State of California,
without regard for conflicts of law doctrine of any jurisdiction,
and all proceedings shall take place in the State of California.

WINNERS LIST: For a list of the winners, mail a
self-addressed, stamped envelope to be received by January 15, 2023
to: Petco Instagram Make More Merry Holiday Contest Winner, ATTN:
Valerie Roa Baez, 10850 Via Frontera, San Diego, CA 92127.

Sponsor: Petco Animal Supplies Stores, Inc., 10850 Via Frontera, San
Diego CA 92127.

© 2022 Petco Animal Supplies Stores, Inc. All rights reserved.

This Contest is in no way sponsored, endorsed or administered by, or
associated with, Instagram.