Terms and Conditions
Binding Agreement and Terms
The use of Store.Purina.com (the “Site”) and the purchase or products through the Sites is subject to these terms and conditions (this “Agreement”). By using the Site, you acknowledge that you have read and understand this Agreement and that you agree to be bound by all of its terms.
Nestlé Purina PetCare Company (“Purina”) reserves the right to amend or modify these terms or any other terms or policies referenced herein in its sole discretion. By accessing the Site, you agree to be bound by the most recent version of this Agreement. The Site is intended for use by United States residents age 18 or older. Anyone under the age of 18 should not use the Site without the consent and supervision of a parent or legal guardian.
You have the option of registering a user account on the Site (an “Account”) that will require you to establish a username and password. You are solely responsible for maintaining the confidentiality of your username and password, for restricting access to your computer, and for all activities that occur under your Account or password. Purina is not liable for any loss that you may incur as a result of someone else using your Account or password, either with or without your knowledge.
Purina makes reasonable efforts to ensure that product descriptions on the Site are as accurate as possible. However, Purina does not guarantee that product descriptions or other content on the Site is current or error-free. All features, content, specifications, sizes, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Packaging may vary from that shown. Purina reserves the right to limit or condition the quantity of any item that may be available for purchase.
Pricing and Availability
All prices and availability of products are subject to change without notice. Purina makes reasonable efforts to provide you the most accurate, up-to-the-minute information on product pricing and availability, but does not guarantee such information. Some of the items on the Site may be incorrectly priced or no longer available at the time you place your order.
In the event a product is listed at an incorrect price, Purina reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price. Although Purina makes reasonable attempts to have items in stock, occasionally items may be temporarily out of stock. If any item in your order is out of stock and Purina is be unable to ship it to you within ten (10) days of the date of your order, Purina will notify you of the delay, and you will have the opportunity to cancel the order and receive a refund if you wish by following the directions specified in the notice.
To purchase a product on the Site, you must provide valid credit card, shipping, and other information. You represent to us that all information you provide is accurate, complete, and current. You agree to be responsible for all charges incurred by you or through your Account, including all applicable taxes, shipping and handling, and processing charges, if any, associated with purchases.
Purina requires all payments to be made through a valid credit card and does not accept cash, check, wire transfer, or any other payment methods. Purina currently only accepts the following credit cards: Visa, MasterCard, Discover, and American Express. By placing an order through the Site, you authorize Purina or its representatives to charge your credit card for the amount stated and represent to Purina that you are authorized to use the card you provide. Purina is not responsible for any shipping or fulfillment errors that result from your failure to provide accurate information.
The advertisement of any product on the Site does not constitute an offer to sell. Your order or your receipt of an electronic or other form of order confirmation does not signify Purina’s acceptance of your order, nor does it constitute confirmation of our offer to sell. Purina reserves the right at any time after receipt of your order to accept or decline your order. All orders placed are subject to additional credit verification. Purina may also require additional verifications or information before shipping any order.
Orders will only be shipped to valid United States mailing addresses within the 48 continental states and the District of Columbia. Orders cannot be shipped to P.O. boxes. Shipping estimates are not guarantees or promises that a product will ship on a specific day or be received by you within a specific period. The amount of time it takes for you to receive a product will depend on how long it takes Purina to process your order and how long it takes the carrier to deliver the order to you once it is shipped. Your order will be shipped after your credit has been approved and all other necessary verifications have been completed. To be eligible to be shipped the same day, your order must be submitted and credit approval and all other verifications must be completed by no later than 1:00 p.m. central time on a business day. All other orders are typically shipped on the business day that credit approval and all other verifications are completed, unless the same takes place after 1:00 p.m. central time, in which case the order will typically be shipped on the following business day.
Risk of Loss
All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon Purina’s delivery to the carrier.
If Purina has verified that the item you received was damaged or incorrect, you will either receive a refund, a replacement item, or a credit. If you believe an item you receive is damaged or incorrect, please contact Purina at the contact information provided at the bottom of these terms and conditions.
Occasionally, shipments to customers are returned to Purina as undeliverable. For example, this may happen when the address is incorrect, or the customer refuses to accept a shipment, or the carrier is unable to deliver after multiple attempts. If a shipment is returned to Purina as undeliverable, Purina will attempt to contact you at the contact information you provided.
When you visit the Site or send emails to Purina, you are communicating with Purina electronically. You consent to receive communications from Purina electronically. Purina will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Purina provides to you electronically satisfy any legal requirement that such communications be in writing.
All trademarks and other intellectual property on the Site are owned by Société des Produits Nestlé S.A., Vevey, Switzerland or are used with permission. If you believe that your intellectual property is being improperly used on the Site without your permission, please provide Purina with notice in accordance with our Copyright Infringement Notification process and procedures.
Reviews, Comments, and Ratings
Users of the Site may have the option to post reviews, comments, photos, and other content; send product information communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You agree not to post, upload, or transfer software viruses, commercial or political solicitations or campaigns, chain letters, mass mailings, or any form of “spam.” You agree not use a false email address, impersonate any person or entity, or otherwise contribute false or misleading content. Purina reserves the right (but not the obligation) to remove or edit such content. However, Purina is not obligated to review or screen posted content. All submissions are subject to Purina’s User-Generated Content Terms and Conditions. Purina may amend or modify these terms and conditions in its sole discretion.
Disclaimer and Limitation of Liability
THIS SITE, INCLUDING ALL CONTENT AND INFORMATION CONTAINED WITHIN IT AND ANY SITE-RELATED SERVICE, AND ALL PRODUCTS OR SERVICES LICENSED OR PURCHASED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PURINA DOES NOT WARRANT THAT THE SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; PURINA’S OR ITS REPRESENTATIVES SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM PURINA OR ITS REPRESENTATIVES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. PURINA IS NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Disputes and Applicable Law
All disputes relating to the Site or to products or services sold or distributed by Purina through the Site shall be subject to the laws of the State of Missouri and shall be subject to the exclusive venue and jurisdiction of state and Federal courts located in St. Louis County or the City of St. Louis, Missouri.
If you have questions, please contact Purina’s Office of Consumer Affairs Monday through Friday (excluding holidays) between the hours of 7:00 a.m. and 7:00 p.m. central time at 1-800-579-7733 or online at Purina Contact Page.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
PLEASE CAREFULLY READ THESE OFFICIAL RULES BEFORE ENTERING. BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT AND LIMIT CERTAIN OF YOUR LEGAL RIGHTS.
1. Who Can Enter (Eligibility): The Nestle Purina® Store Survey Sweepstakes (the “Sweepstakes”) is open to individual legal residents of one of the 50 United States and Washington, D.C., who are the age of majority (age 21 in Mississippi; age 19 in Alabama and Nebraska; age 18 in other states and D.C.) in their places of residence or older at the time of entry and who own a dog. This Sweepstakes is not open to employees and their immediate family (i.e., spouse, parent, child or sibling and their respective spouses or "step" family) and household members of Nestlé Purina PetCare Company (“Sponsor”), Promotion Fulfillment Center (“Administrator”), Digital Evolution Group, Quester and their respective subsidiary companies, affiliates, service providers and advertising and promotional agencies.
2. When to Enter: The Sweepstakes begins at 12:00:00 a.m. Eastern Time (“ET”) on August 1, 2018 and ends at 11:59:59 p.m. ET on July 31, 2019 (the “Sweepstakes Period”). The Sweepstakes Period is comprised of four (4) separate entry periods (each, an “Entry Period”). Each Entry Period begins at 12:00:00 a.m. ET and ends at 11:59:59 p.m. ET, as set forth in Rule 4 below.
3. How to Enter: During an Entry Period, follow the link provided in the survey email to access survey website (“Website”) and then follow the on-screen prompts to provide your first name and to take the short survey. ENTRY LIMIT: one entry per email address per Sweepstakes Period. Each entry is deemed made by the natural person assigned the email address by the entity that is responsible for assignment of email addresses for the domain associated with such person’s email address. Sponsor reserves the right to disqualify any entrant that is suspected of using more than one email address to circumvent the Sweepstakes entry limit. If you use your mobile device to enter the Sweepstakes, you are solely responsible for all associated data and other fees.
4. Drawings: Administrator will conduct one random drawing per Entry Period (“Drawing”) from among eligible entries received during the Entry Period. Administrator will conduct Drawings on or after the “Drawing Date” set forth in the table below. Each entry is eligible only for the Drawing for the Entry Period during which the entry is received by Sponsor. Non-winning entries eligible for one Drawing are not eligible for any other Drawing. Administrator’s decision about eligibility for a Drawing is final. Odds of winning a prize in a Drawing depend upon the number of eligible entries received during the applicable Entry Period.
Entry Period No.
Start and End Date
5. Prizes: Four (4) Prizes (One (1) Prize per Drawing): each, a $250 prepaid debit card. Approximate Retail Value (ARV) of each Prize: $250. Total ARV of Prizes: $1,000. Prepaid debit cards are subject to terms and conditions of their issuer. All other prize details are determined by Sponsor in its sole discretion. Sponsor reserves the right to substitute any prize with a prize of equal or greater value but no other substitution or transfer is permitted. Sponsor is responsible only for prize delivery and is not responsible for the prize’s utility to winner. Winners are solely responsible for any and all taxes, fees and other expenses associated with acceptance and use of prizes. Sponsor is obligated to award only the prizes stated above. EACH PRIZE IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM SPONSOR. Unclaimed prizes will not be awarded. PRIZE LIMIT: one (1) Prize per household.
6. Winner Notification: Administrator will notify all selected winners by telephone (or voice mail) or email (using the information provided in the entry) approximately 2 days after the applicable Drawing Date. Administrator will leave one (1) voice message or send one email. Each winner may be required to complete and return an affidavit of eligibility and release (including, if legally permissible, a publicity release) within five (5) days of attempted notification. If a winner does not respond to Administrator within the specified time period, if Administrator determines that the selected winner cannot or does not comply with these Official Rules or if a prize or any written or electronic communication is returned as undeliverable, the selected winner forfeits his or her prize and Administrator may select an alternate winner in a random drawing from among the remaining eligible entries received.
7. Entrant Agreement and Release. BY SUBMITTING AN ENTRY:
YOU PROVIDE YOUR FULL AND UNCONDITIONAL AGREEMENT TO THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR AND ADMINISTRATOR, WHICH ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES;
YOU AGREE THAT ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, PARTICIPANT’S RIGHTS AND OBLIGATIONS, OR THE RIGHTS AND OBLIGATIONS OF THE SPONSOR IN CONNECTION WITH THE SWEEPSTAKES, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF STATE OF GEORGIA, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES;
YOU CONSENT TO THE JURISDICTION AND VENUE OF THE FEDERAL, STATE AND LOCAL COURTS LOCATED IN ST. LOUIS, MISSOURI;
YOU AGREE THAT ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ANY AND ALL CLAIMS, JUDGMENTS, AND AWARD SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET DAMAGES, EXCLUDING ATTORNEYS’ FEES AND COURT COSTS;
YOU RELEASE AND HOLD HARMLESS SPONSOR, ADMINISTRATOR AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS AND ADVERTISING AND PROMOTIONAL AGENCIES AND THE DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, SUCCESSORS AND/OR ASSIGNS OF EACH (COLLECTIVELY, THE “SWEEPSTAKES PARTIES”) FROM ANY DAMAGE, LOSS OR LIABILITY, DUE IN WHOLE OR PART, DIRECTLY OR INDIRECTLY, ARISING FROM OR RELATED TO PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, USE OR MISUSE OF PRIZE.
BY ACCEPTING A PRIZE, YOU AGREE TO USE OF YOUR NAME, ADDRESS, LIKENESS AND/OR PRIZE INFORMATION FOR PROMOTIONAL PURPOSES (INCLUDING THE WINNERS LIST) IN ANY MEDIUM WITHOUT ADDITIONAL COMPENSATION TO THE EXTENT PERMITTED BY LAW.
CALIFORNIA RESIDENTS: BY PARTICIPATING IN THIS SWEEPSTAKES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
8. Limitations of Liability. The Sweepstakes Parties are not responsible or liable for: late, lost, stolen, damaged, garbled, incomplete, postage-due, undeliverable, delayed, intercepted, misaddressed or misdirected Sweepstakes entries, email or other communications related to this Sweepstakes; loss, corruption, theft or destruction of information submitted by entrant or entrant’s inability to submit any information in connection with this Sweepstakes; errors, omissions, interruptions, deletions, defects or delays in operation or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices and their settings; issues arising in connection with telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other electronic communication problems; any damage or loss to computer equipment or devices resulting from participation in the Sweepstakes; unauthorized access or alteration to or destruction of Sweepstakes-related information or materials; tampering, hacking, theft, virus, bugs, worms; any errors or omissions in the announcement of prizes or any inaccurate or incorrect information on the Website; or undeliverable emails resulting from any form of active or passive email filtering or for insufficient space in user's email account to receive email messages.
9. General Terms of Participation. This Sweepstakes is void outside the 50 United States and Washington, D.C. and where prohibited, restricted or taxed. Sponsor reserves the right, in its sole discretion to modify, cancel or suspend this Sweepstakes if this Sweepstakes cannot be executed as planned. If Sponsor modifies, terminates or suspends this Sweepstakes, Sponsor will post a notice on the Website and, if time and circumstances allow, determine procedures for awarding the prizes. Sponsor also reserves the right, at its sole discretion, to disqualify any participant from this Sweepstakes or any other promotion conducted by Sponsor or any of its affiliates if his or her fraud or misconduct disrupts the intended execution of this Sweepstakes. Sponsor also reserves the right to correct errors or inconsistencies in promotional materials or in the announcement of prizes. If Sweepstakes-related promotional materials and these Official Rules are inconsistent, then the Official Rules shall govern with respect to this Sweepstakes. Automated entries are prohibited, and any use of automated devices will cause disqualification. Sponsor reserves the right to restrict participation from any IP or MAC address or device if suspicious activity is detected or suspected.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
10. Winners List: Prize winners will be posted at https://store.purina.com/terms-and-conditions after all winners are selected and verified.
Sponsor: Nestlé Purina PetCare Company, Checkerboard Square, St. Louis, MO 63164.
Administrator: Promotion Fulfillment Center, 311 21st Street, Camanche, Iowa 52757.
All trademarks are property of their respective owners.