Refer-A-Friend Terms and Conditions
By participating in the Pets Best Insurance Services, LLC (“Pets Best,” “Company”) Refer a Friend program (“Program”), you agree to receive communications from Pets Best with regards to your participation. The following Terms & Conditions shall apply to participation in the Program:
Eligible Referrer
Users who refer are called “Referrers.” Individuals who receive a referral are called “Referred Friends.”
To be "eligible," a Referrer must: be a legal resident of the United States of America; and be at least 18 years old; and be a resident of a state where the Program is not prohibited by applicable law or regulation.
An “eligible” Referrer who is fully compliant with these Terms & Conditions may qualify for “Donation(s)” for every “Completed Referral”, as described below.
Making a Referral
To participate, visit the Refer a Friend web page and follow the on-screen instructions to refer friends, family members or colleagues to Pets Best.
The Referred Friend cannot currently or previously have been a customer with Pets Best. The Referred Friend must be a) a legal resident of the United States of America and b) at least 18 years old.
Referrers must respect the spirit and rules of the Program by only referring real individuals who meet the requirements of these Terms & Conditions. Referrers cannot refer themselves. For example, a Referrer may not create multiple or fake accounts with Pets Best or participate in the Program using multiple or fake email addresses or identities. Referrers may not participate in the Program where doing so would be prohibited by any applicable law. Referrers may not use Spam to obtain referrals (See the section below Bulk Referrals – “Spam” for more details), or through message board postings, where the postings are unrelated to the topic of discussion or otherwise violate the terms of the site.
Completed Referral
A Completed Referral means that all the following conditions are met:
The Referred Friend receives a pet insurance quote using the Referrer’s “Personal Link,” or provides the Referrer’s policy number or full name while getting a quote by phone. If a Referred Friend receives a pet insurance quote with Pets Best using any other link or method other than what is defined above, the quote will not count as a Completed Referral and the Referrer will not earn a Donation Credit; Referred Friends may not participate in the Program where doing so would be prohibited by any applicable law or regulations.
Credit for Completed Referrals
Donation Credit can only be awarded for Completed Quotes.
Earning Donations
Once an individual refers a friend, family member, or colleague, that individual becomes a Referrer and will be provided with a unique referral link (“Personal Link”) that allows the Referrer to earn a donation credit for each Completed Referral (“Donation Credit”). Personal Links are only issued to individuals.
Referrer shall receive one (1) Donation valued at $25 that is directly donated to charity for each verified Completed Referral generated by Referrer.
Pets Best will split the donation among the charitable organizations shown within the customer portal. Available charitable organizations are chosen at Company’s sole discretion and subject to change. Check your Pets Best Refer a Friend account for details. Restrictions may apply.
Referrers are only eligible to receive up to $100 in charitable donation credits per 12-month rolling period.
Verified Completed Referrals
Donation Credits are subject to verification. The Company may delay a Donation Credit for the purposes of investigation. It may also refuse to verify and process any transaction Company deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms & Conditions, or likely to impose potential liability on Company, its subsidiaries, affiliates, or any of their respective officers, directors, employees, representatives, and agents.
All of the Company's decisions are final and binding, including decisions as to whether a Completed Referral or Donation Credit is verified.
Transfer and Value of Donation Credits
Donation Credits are not transferable and may not be auctioned, traded, bartered or sold.
Privacy
Individuals may participate in the Program to recommend Pets Best or content made available by Company to their friends, family or colleagues ("Users"). To do this, Users must necessarily submit personal information about themselves and their friends, family members or colleagues, such as name and e-mail address information, so that the Company can send these recommendations on their behalf. The personal information will be collected, processed and used in accordance with Company’s Privacy Agreement, which can be found at https://www.petsbest.com/privacy-agreement.
In addition, personal information may be used by Company to contact Users with regards to their participation in the Program and to receive communications from Company. Where a User provides personal information about its friends, family members or colleagues to receive communications via the Program, the provided personal information will be used by the Company for sending these communications on behalf of the User and User understands that Company may send out additional follow-up communications on behalf of the User to encourage or remind the friends, family members or colleagues to complete the purchase or registration process.
Sponsor
The sole sponsor of this promotion is Pets Best Insurance Services, LLC. All charitable contributions will be paid by Pets Best.
Disclaimer of Warranties
USERS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK, THE PROGRAM IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS, AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OF PETS BEST OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE COMPANY MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE PROGRAM WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
Limitation of Liability and Governing Law
LIMITATION OF LIABILITY/GOVERNING LAW: EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS PROMOTION, BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (2) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY 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. EACH ENTRANT HEREBY WAIVES THEIR RIGHT TO CONTEST JURISDICTION FOR ANY SUCH DISPUTE OR CLAIM. 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 Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
The Company reserves the right to cancel or suspend the Program should it determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.
Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
Users should use the Program at their own risk.
Bulk Distribution (“Spam”)
If a Referrer provides a Personal Link to a Referred Friend by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues, and family members. By submitting the email addresses, the Referrer represents that he/she has the prior consent of a Referred Friend to submit their email address.
Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in the Company's sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer’s account and deactivation of the Personal Link. We have a no-tolerance spam policy.
The Company has no obligation to monitor the content provided by Users; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
Each Referrer is the actual sender of the emails and must comply with applicable law. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Company and Program vendors against any liabilities, costs, and expenses it incurs as a result of such spam.
Fraudulent and Suspicious Behavior
The Company may prohibit a User from participating in the Program or receiving a Donation Credit, in their sole discretion, if they determine such User is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other users or representatives of the Company.
Use of any automated system, script, or macro to participate is strictly prohibited and will result in disqualification.
Users may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Donation Credit.
The Company reserves the right to disqualify any User and/or cancel any Donation Credits(s) if they find a User to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Dispute Resolution
Any claim, cause of action or proceeding arising out of or relating to any Promotion shall be resolved by mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes. The Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. Entrants irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief. Should either party pursue any other judicial or administrative action with respect to any matter included within the scope of this binding arbitration provision, the responding party will be entitled to recover its costs, expenses and attorneys’ fees incurred as a result of such action. Further, any and all disputes, claims and causes of action arising out of or connected with a Sweepstakes, or any Prize awarded, will be resolved individually, without resort to any form of class action. If a court determines that a public injunctive relief claim may proceed notwithstanding the “No Class Actions” provision, and that determination is not reversed on appeal, then the public injunctive relief claim will be decided by a court, and any individual claims will be arbitrated. The parties will ask the court to stay the public injunctive relief claim until the other claims have been finally concluded.
General Terms
These terms constitute the entire agreement between Users and the Company concerning Users’ use of the Program. Pets Best reserves the right to modify or amend at any time these guidelines and the methods through which Completed Submitted Applications are credited. We reserve the right to disqualify you at any time from participation in the Program if you do not comply with any of these terms and conditions. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. A person who is not a party to these Terms shall have no right to enforce or receive the benefit of any of these Terms.
By participating in the Pets Best Insurance Services, LLC (“Pets Best,” “Company”) Refer a Friend program (“Program”), you agree to receive communications from Pets Best with regards to your participation. The following Terms & Conditions shall apply to participation in the Program:
Eligible Referrer
Users who refer are called “Referrers.” Individuals who receive a referral are called “Referred Friends.”
To be "eligible," a Referrer must: be a legal resident of the United States of America; and be at least 18 years old; and be a resident of a state where the Program is not prohibited by applicable law or regulation.
An “eligible” Referrer who is fully compliant with these Terms & Conditions may qualify for “Donation(s)” for every “Completed Referral”, as described below.
Making a Referral
To participate, visit the Refer a Friend web page and follow the on-screen instructions to refer friends, family members or colleagues to Pets Best.
The Referred Friend cannot currently or previously have been a customer with Pets Best. The Referred Friend must be a) a legal resident of the United States of America and b) at least 18 years old.
Referrers must respect the spirit and rules of the Program by only referring real individuals who meet the requirements of these Terms & Conditions. Referrers cannot refer themselves. For example, a Referrer may not create multiple or fake accounts with Pets Best or participate in the Program using multiple or fake email addresses or identities. Referrers may not participate in the Program where doing so would be prohibited by any applicable law. Referrers may not use Spam to obtain referrals (See the section below Bulk Referrals – “Spam” for more details), or through message board postings, where the postings are unrelated to the topic of discussion or otherwise violate the terms of the site.
Completed Referral
A Completed Referral means that all the following conditions are met:
The Referred Friend receives a pet insurance quote using the Referrer’s “Personal Link,” or provides the Referrer’s policy number or full name while getting a quote by phone. If a Referred Friend receives a pet insurance quote with Pets Best using any other link or method other than what is defined above, the quote will not count as a Completed Referral and the Referrer will not earn a Donation Credit; Referred Friends may not participate in the Program where doing so would be prohibited by any applicable law or regulations.
Credit for Completed Referrals
Donation Credit can only be awarded for Completed Quotes.
Earning Donations
Once an individual refers a friend, family member, or colleague, that individual becomes a Referrer and will be provided with a unique referral link (“Personal Link”) that allows the Referrer to earn a donation credit for each Completed Referral (“Donation Credit”). Personal Links are only issued to individuals.
Referrer shall receive one (1) Donation valued at $25 that is directly donated to charity for each verified Completed Referral generated by Referrer.
Pets Best will split the donation among the charitable organizations shown within the customer portal. Available charitable organizations are chosen at Company’s sole discretion and subject to change. Check your Pets Best Refer a Friend account for details. Restrictions may apply.
Referrers are only eligible to receive up to $100 in charitable donation credits per 12-month rolling period.
Verified Completed Referrals
Donation Credits are subject to verification. The Company may delay a Donation Credit for the purposes of investigation. It may also refuse to verify and process any transaction Company deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms & Conditions, or likely to impose potential liability on Company, its subsidiaries, affiliates, or any of their respective officers, directors, employees, representatives, and agents.
All of the Company's decisions are final and binding, including decisions as to whether a Completed Referral or Donation Credit is verified.
Transfer and Value of Donation Credits
Donation Credits are not transferable and may not be auctioned, traded, bartered or sold.
Privacy
Individuals may participate in the Program to recommend Pets Best or content made available by Company to their friends, family or colleagues ("Users"). To do this, Users must necessarily submit personal information about themselves and their friends, family members or colleagues, such as name and e-mail address information, so that the Company can send these recommendations on their behalf. The personal information will be collected, processed and used in accordance with Company’s Privacy Agreement, which can be found at https://www.petsbest.com/privacy-agreement.
In addition, personal information may be used by Company to contact Users with regards to their participation in the Program and to receive communications from Company. Where a User provides personal information about its friends, family members or colleagues to receive communications via the Program, the provided personal information will be used by the Company for sending these communications on behalf of the User and User understands that Company may send out additional follow-up communications on behalf of the User to encourage or remind the friends, family members or colleagues to complete the purchase or registration process.
Sponsor
The sole sponsor of this promotion is Pets Best Insurance Services, LLC. All charitable contributions will be paid by Pets Best.
Disclaimer of Warranties
USERS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK, THE PROGRAM IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS, AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OF PETS BEST OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE COMPANY MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE PROGRAM WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
Limitation of Liability and Governing Law
LIMITATION OF LIABILITY/GOVERNING LAW: EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS PROMOTION, BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (2) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY 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. EACH ENTRANT HEREBY WAIVES THEIR RIGHT TO CONTEST JURISDICTION FOR ANY SUCH DISPUTE OR CLAIM. 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 Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
The Company reserves the right to cancel or suspend the Program should it determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.
Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
Users should use the Program at their own risk.
Bulk Distribution (“Spam”)
If a Referrer provides a Personal Link to a Referred Friend by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues, and family members. By submitting the email addresses, the Referrer represents that he/she has the prior consent of a Referred Friend to submit their email address.
Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in the Company's sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer’s account and deactivation of the Personal Link. We have a no-tolerance spam policy.
The Company has no obligation to monitor the content provided by Users; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
Each Referrer is the actual sender of the emails and must comply with applicable law. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Company and Program vendors against any liabilities, costs, and expenses it incurs as a result of such spam.
Fraudulent and Suspicious Behavior
The Company may prohibit a User from participating in the Program or receiving a Donation Credit, in their sole discretion, if they determine such User is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other users or representatives of the Company.
Use of any automated system, script, or macro to participate is strictly prohibited and will result in disqualification.
Users may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Donation Credit.
The Company reserves the right to disqualify any User and/or cancel any Donation Credits(s) if they find a User to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Dispute Resolution
Any claim, cause of action or proceeding arising out of or relating to any Promotion shall be resolved by mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes. The Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. Entrants irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief. Should either party pursue any other judicial or administrative action with respect to any matter included within the scope of this binding arbitration provision, the responding party will be entitled to recover its costs, expenses and attorneys’ fees incurred as a result of such action. Further, any and all disputes, claims and causes of action arising out of or connected with a Sweepstakes, or any Prize awarded, will be resolved individually, without resort to any form of class action. If a court determines that a public injunctive relief claim may proceed notwithstanding the “No Class Actions” provision, and that determination is not reversed on appeal, then the public injunctive relief claim will be decided by a court, and any individual claims will be arbitrated. The parties will ask the court to stay the public injunctive relief claim until the other claims have been finally concluded.
General Terms
These terms constitute the entire agreement between Users and the Company concerning Users’ use of the Program. Pets Best reserves the right to modify or amend at any time these guidelines and the methods through which Completed Submitted Applications are credited. We reserve the right to disqualify you at any time from participation in the Program if you do not comply with any of these terms and conditions. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. A person who is not a party to these Terms shall have no right to enforce or receive the benefit of any of these Terms.