Growing Memories Giveaway Official Rules

OPTIMAL FISH FOOD – GROWING MEMORIES GIVEAWAY SWEEPSTAKES

Official Rules

NO PURCHASE IS NECESSARY TO ENTER OR WIN.  A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

1. Eligibility: The Growing Memories Giveaway (“GMG”) is open only to legal residents of the fifty (50) United States, except for Florida, New York and Rhode Island, and the District of Columbia, who sign up at optimalfishfood.com/growingmemories. Entrants must be 18 years of age or older as of the date of entry.  Employees of Optimal Fish Food LLC, its corporate parent, affiliates, subsidiaries, advertising and promotion agencies, and suppliers (collectively the “OFF Affiliates”), and immediate family members and/or those living in the same household of OFF Affiliates are not eligible to participate in the GMG. The GMG is subject to all applicable federal, state, and local laws and regulations, and it is void where prohibited by law
2. Sponsor: The GMG is sponsored by Optimal Fish Food LLC (the “Sponsor”), located at 1811 Aksarben Drive, Omaha NE 68106. Sponsor will conduct the GMG substantially as described in these Official Rules.
3. Agreement to Official Rules: Participation in the GMG constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon compliance with these Official Rules and fulfilling all other requirements set forth herein.
4. Sweepstakes Period: Entries will be accepted online starting on March 1st, 2023 at 8:00am central time and ending December 31st, 2023 at 8:00am central time. All online entries must be received by December 30^th, 2023 at 8:00am central time.
5. How to Enter: Eligible entrants may enter the GMG by using the online form provided at optimalfishfood.com/growingmemories.  Limit one (1) entry per person, per email address, per day for the duration of the Sweepstakes Period.  More than one entry received from any person or email address in a single day will be void.  Any Entry must fulfill all GMG requirements, as specified, to be eligible to win a prize.  Entries that are incomplete, do not adhere to the rules or specifications, or are the result of fraudulent methods or attempts to circumvent the rules may be disqualified at the Sponsor’s sole discretion.
6. Prizes: The Winner(s) of the GMG (the “Winner”) will receive a free bag of Optimal Fish Food, which has a retail value of $57.00 and/or Optimal Fish Food promotional items. No cash or other prize substitution shall be permitted except at Sponsor’s sole discretion. The prize is nontransferable and non-assignable, and no request for the cash equivalent by Winner shall be permitted.  Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner.  Acceptance of the prize constitutes permission for Optimal Fish Food LLC to use the Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation unless prohibited by law.
7. Odds: The odds of winning depend on the number of eligible entries received.
8. Winner Selection and Notification: Winner will be selected at random under the supervision of Sponsor. Winner will be notified by email within five (5) days following the selection of Winner. Only winners will be notified of the contest outcome. Optimal Fish Food LLC shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail, or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 14 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in the GMG is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT OPTIMAL FISH FOOD LLC’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
9. Rights Granted by Entrant: In entering the GMG and submitting photographic, video and/or written content, the Entrant (“You” or “your”) understands and agree that Optimal Fish Food LLC, anyone acting on behalf of Optimal Fish Food LLC, and Optimal Fish Food’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent.  By entering this content, You represent and warrant that your entry is an original work of authorship and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Optimal Fish Food LLC.  If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Optimal Fish Food LLC from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Optimal Fish Food LLC may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
10. Terms & Conditions: Optimal Fish Food LLC reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the GMG should any virus, bug, non-authorized human intervention, fraud, or other cause beyond Optimal Fish Food LLC’s control corrupt or affect the administration, security, fairness, or proper conduct of the GMG. In such case, Optimal Fish Food LLC may select the Winner from all eligible entries received prior to the action taken by Optimal Fish Food LLC. Optimal Fish Food reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the GMG or website or violates these Terms & Conditions. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the GMG may be a violation of criminal and civil laws. Should such an attempt be made, Optimal Fish Food LLC reserves the right to pursue all available legal relief, including the recovery of damages, to the fullest extent permitted by law.
11. Limitation of Liability: By entering, You agree to release and hold harmless Optimal Fish Food LLC, its parent company, subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) your participation in the GMG and/or your acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the GMG; (v) electronic or human error in the administration of the GMG or the processing of entries.
12. Disputes: The GMG IS GOVERNED BY THE LAWS OF THE UNITED STATES AND NEBRASKA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in the GMG, You agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with the GMG, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Nebraska having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering the GMG). Participant further waives all rights to have damages multiplied or increased.
13. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the Optimal Fish Food LLC website. To read the Privacy Policy, click here: https://optimalfishfood.com/privacy-policy/.
14. Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Optimal Fish Food LLC 1811 Aksarben Drive, Omaha NE 68106. Requests must be received no later than November 1st, 2021 at 5:00pm central time.
15. Facebook: The GMG is in no way sponsored, endorsed, administered by, or associated with Facebook.