Program Terms & Conditions
P&G PET CARE BREEDSMART PARTNERS PROGRAM TERMS AND CONDITIONS PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU IF YOU REGISTER FOR THIS PROGRAM.
By registering for the BREEDSmart Partners Program ("Program"), you acknowledge and agree to be bound by all of the terms and conditions ("Terms") stated herein. If you do not agree to these Terms, do not register for the Program. PawPoints “Points” may be electronically redeemed for Iams and Eukanuba EVO Dog Food products available through the Procter & Gamble Distributing LLC ("P&G"). P&G reserves the right to modify or terminate the Program at any time and in any manner, in whole or in part, as outlined below, even though such changes may affect the value of the Points already accumulated or the availability of puppy kits ("Kits"). You agree that you will review these Terms periodically and that you shall be bound by these Terms and modifications hereof. Providing false information to gain membership or puppy kits will result in termination of membership and potential legal action.
- Eligibility. Membership in the Program is only open to individuals who are legal residents of the fifty (50) United States, the District of Columbia, Canada, and Puerto Rico, who are at least eighteen (18) years of age as of the date of enrollment and have the capacity to enter into a binding contract. Only one membership per household or address. The Program is not for institutional organizations, such as rescue groups, humane societies or animal shelters. The Program is void elsewhere and where prohibited.
- Your Member Account. To register for membership in the Program and set up your BREEDSmart Partners account ("Account"), you must register at www.BREEDSmartPartners.com from a computer with internet access or call 1-800-452-0605. You must provide your first name, last name, e-mail address, your date of birth, password, and complete mailing address as indicated. While registering, you must accept the BREEDSmart Partners Program Terms and Conditions, after which registration is complete and you are a “Member”. Only Members will accrue Points and be able to place orders for Kits and electronically redeem Points for Iams and Eukanuba, Dog Food products. Members earn Points by submitting Proof of Purchase UPCs from Eukanuba® and Iams®Dog Food products purchased at retail. Member Account summaries may be viewed at www.BREEDSmartPartners.com. P&G will attempt to credit Members' accounts with Points on a timely basis. However, each Member shall have the responsibility of ensuring that his or her Points are properly credited. Any claim for Points not credited accurately must be received by P&G within three (3) months of the date of the claimed accrual of such Points or 11:59:59 p.m. EST on June 30, 2019, whichever is earlier, or otherwise such Points shall no longer be valid or usable. P&G shall have no liability for any printing, production, typographical, mechanical or other errors in the Points summaries distributed by P&G or its agents, for any delay or failure to credit Points to Member Accounts or for any failure to provide Account summaries as outlined herein. P&G reserves the right to invalidate Points from a Member's Account with notice if it determines in its sole discretion that such Points were improperly credited to such Member's Account or were obtained fraudulently or otherwise in violations of these Terms. P&G reserves the right to require proof of accrual of Points and P&G reserves the right to delay the processing or redemption of any Points without notice, in order to assure compliance with the Terms outlined herein. Members, by participating in the Program, are responsible for maintaining the confidentiality of the individual's Member Account username and password and for restricting access to Member's Account. Member agrees to accept responsibility for all activities that occur under Member's username or password. Without limiting any other remedies, P&G may suspend or terminate any Account if P&G suspects in its sole discretion that any Member or other person has engaged in fraudulent activity in connection with this Program. Points do not constitute property, do not entitle a Member to a vested right or interest and have no cash value. As such, Points are not redeemable for cash, transferable or assignable for any reason. Participation in the Program is subject to the Terms, as well as policies and procedures that P&G may adopt or modify from time to time. Any failure to abide by the Terms or any policies or procedures implemented by P&G, any conduct detrimental to P&G, or any misrepresentation or fraudulent activity in connection with this Program, or failure to act in a manner consistent with federal, state, provincial or local laws, regulations or ordinances, may result, in addition to any rights or remedies available to P&G in law or equity, in the termination of membership in the Program, as well as forfeiture of any Points accrued to date and any other benefits earned in connection with the Program, in P&G's sole discretion. Members should submit only UPCs used for Breeding and Puppy purposes only and NOT from products purchased at retail for “own personal use.”
- Kits. Each Member may order up to 25 FREE Puppy Kits per calendar year. Additional Puppy Kits may be ordered by redeeming your Points at BREEDSmartPartners.com (5 Points per kit). Each member is solely responsible for ensuring that their shipping address is correct in the Program records prior to ordering Kits. Residents of Puerto Rico may be subject to an import tax on certain items, which must be paid at the time of delivery. P&G's obligation regarding delivery of kits is satisfied upon shipment to the address for the Member contained in the Program records as of the date of redemption. P&G is not responsible for lost or stolen Kits. Members must allow two to three weeks for shipment of Kits. The Kits and contents within are to be provided to individuals that purchase puppies from the Member and not for the Member's own personal use. P&G reserves the right to stop sending Kits to any Member that it suspects is using the Kits in violation of these Terms, to be determined in its sole discretion. [For members who are residents of Canada, please reference the Canadian specific terms & conditions for this section below]
- Points. Beginning 5:00 a.m. EST December 1, 2012 and ending 11:50 p.m. EST on June 30, 2019, Members can earn Points by purchasing Eukanuba® and Iams® Dog Food products at retail. Members earn one (1) point for every pound of Eukanuba® dog food purchased and credited, (.8) point for every pound of Iams® dog food purchased and credited. P&G RECOMMENDS THAT YOU MAIL YOUR UPCS BY CERTIFIED FIRST CLASS MAIL OR SOME OTHER TRACEABLE DELIVERY METHOD TO ENSURE PROOF OF DELIVERY VERIFICATION IN THE EVENT P&G DOES NOT RECEIVE YOUR UPCS. [For members who are residents of Canada, please reference the Canadian specific terms & conditions for this section below]
- Changes to the Point Structure. The Points structure is subject to modification or limitation at any time, with or without notice, in P&G's sole discretion, including, without limitation, the right to establish additional means of accruing Points, the right to modify and delete any or all of the recognized means of accruing Points existing at any given time, the right to change the Points available and their values and types and the Points redemption terms, and the right to exclude specific types of transactions from Points eligibility.
- Electronic Redemption for Eukanuba and Iams Dog Food – Subject to P&G’s rights to add, delete, or otherwise make changes to the Points structure and the rewards as more fully expressed in the preceding Section 5, Points may be redeemed electronically for Eukanuba and Iams Dog Food as posted and, from time to time, updated in the Program website at www.breedsmartpartners.com. See www.breedsmartpartners.com for details on how to redeem Points. Points will be subtracted from a member's account at the time the member initiates electronic redemption for Dog Food. P&G's obligation regarding delivery of Dog Food Product redeemed electronically is satisfied upon shipment to the address for the Member contained in the Program records as of the date of redemption. P&G is not responsible for lost, damaged, or stolen Product. Members must allow two to three weeks for shipment of Product. [For members who are residents of Canada, please reference the Canadian specific terms & conditions for this section below]
- Submission of UPCs. Each Member is solely responsible for ensuring that their shipping address is correct in the Program records prior to submitting UPCs. P&G IS NOT RESPONSIBLE FOR NON-RECEIPT OF UPCS. Residents of Puerto Rico may be subject to an import tax on certain items, which must be paid at the time of delivery. No cash will be exchanged for the unused portion of any Member's Points. Once Points have been redeemed for Dog Food and/or kits, they are no longer valid for any subsequent redemption and they may not be returned or refunded to a Member's Account for any reason. The Program and all Points expire not later than 11:50:50 p.m. EST. on June 30, 2019. Therefore, all Points redemption requests must be communicated to P&G as required by these Terms by such time.
- Expiration of Points. Points shall be maintained in the Member's Account until they are redeemed for Kits or Dog Food or until they expire, not later than 11:50:50 p.m. EST on June 30, 2019. Notwithstanding the foregoing, P&G retains the right to cancel any Member's Account and accumulated Points in the event of inactivity for twelve (12) consecutive months. No extensions, cash refunds or other exchanges will be allowed for expired Points.
Modification, Termination or Extension of Program Terms. (a) Modification to Terms: Membership in the Program is offered at the discretion of P&G and it reserves in its sole discretion the right to modify the Terms, Points redemption values, benefits, reward levels, conditions of participation, rules for issuing, redeeming, retaining, using or forfeiting Points and rewards and their respective duration or timing, or any other aspect of the Program, in whole or in part, at any time, with or without notice, even though such changes may affect the redemption value of the Points already accumulated. P&G will give reasonable advance notice of any modification of the Terms hereof which may adversely impact your Account. Members understand that the most recent version of the Terms will be located at the BREEDSmart Partners Program website. A Member's continued use of the Program following the posting on the BREEDSmart Partners Program website of conspicuous notice of any modification will indicate Member's acceptance of any modification to the Terms hereof. Any Member may object to the modification to the Program and/or its Terms by no longer participating. (b) Termination: The Program will terminate at 11:50:50 p.m. EST. on June 30, 2019, or earlier at the sole discretion of P&G. In the event of early termination, P&G shall give conspicuous notice at least three (3) months prior to the date that such termination becomes effective, during which time Members may still accrue and redeem Points, provided however, that you agree that P&G shall not be required to give three (3) months notice if such termination is due to the filing of a petition in bankruptcy, an adjudication of bankruptcy, insolvency, an assignment for the benefit of creditors, or any other discontinuance of business. All Points must be redeemed prior to the effective date of termination. You should not rely upon the continued availability of the Program or any Points accumulated in connection therewith. (c) Extension: P&G may, at its sole discretion, extend the Program beyond the expiration date set forth above. In the event P&G does extend the Program, P&G shall give conspicuous notice prior to the date that such extension becomes effective. Members who participate in the Program after the extension agree to be bound by the Terms then in effect at the time of Program extension.
- Limitation of Liability. P&G WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE PROGRAM, (B) ANY FAILURE OR DELAY BY P&G IN CONNECTION WITH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, THE USE OF, OR INABILITY TO USE, ANY COMPONENT OF THIS PROGRAM); OR (C) THE PERFORMANCE OR NON PERFORMANCE OF THE PROGRAM BY P&G, EVEN IF P&G HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of your registration information, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. If, despite the limitation above, P&G is found liable for any loss or damage which arises out of, or is in any way connected with, any of the occurrences described in the limitation above, then its liability will in no event exceed, in total, the sum of US $100.00. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
- Disclaimer of Warranties. P&G MAKES NO WARRANTY OF ANY KIND REGARDING THE PROGRAM, WHICH IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. P&G EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ITS PROGRAM WILL BE ERROR-FREE. P&G FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO THE PROGRAM. P&G EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
- Taxes. Determination and payment of tax liability on awards, including income tax, if any, are the sole responsibility of the Member.
- Acts Beyond P&G Control. The failure of P&G to comply with the Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, provincial or local governmental authorities or for any other reason beyond the reasonable control of P&G, shall not be deemed a breach of the Terms. If any such contingency shall last for more than sixty (60) days, P&G shall have the right to terminate the Program immediately by giving notice and shall have no further liability to any Member
- Governing Law and Consent to Jurisdiction. The laws of the State of Ohio, without regard to its conflict of laws principles, will govern these Terms, as well as Members' and P&G's observance of them. If you take any legal action relating to your use of this Program or these Terms, you agree to file such action only in the state or federal courts located in Hamilton County, Ohio.
- No Waiver. P&G's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by P&G in writing.
- Captions. The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms.
- Complete Agreement. These Terms, together with those items made a part of these Terms by reference, make up the entire agreement between P&G and the Members relating to the Program, and replaces any prior understandings or agreements (whether oral or written) regarding the Program. If a court finds any of these Terms to be unenforceable or invalid, that term(s) will be enforced to the fullest extent permitted by applicable law and the other Terms will remain in full force and effect.
- Sponsor: The Procter & Gamble Distributing LLC d/b/a P&G Pet Care, 8700 Mason-Montgomery Road, Mason, Ohio, USA 45040-9462.
CANADIAN SPECIFIC TERMS AND CONDITIONS:
P&G PET CARE BREEDSMART® PARTNERS PROGRAM – FOR MEMBERS WHO ARE RESIDENTS OF CANADA
4. Kits. Each Member may order FREE Puppy Kits. Each member is solely responsible for ensuring that their shipping address is correct in the Program records prior to ordering Kits. P&G's obligation regarding delivery of kits is satisfied upon shipment to the address for the Member contained in the Program records as of the date of redemption. P&G is not responsible for lost or stolen Kits. Members must allow two to three weeks for shipment of Kits. The Kits and contents within are to be provided to individuals that purchase puppies from the Member and not for the Member's own personal use. P&G reserves the right to stop sending Kits to any Member that it suspects is using the Kits in violation of these Terms, to be determined in its sole discretion.
5. Points. Beginning 5:00 a.m. EST December 1, 2012 and ending 11:50 p.m. EST on June 30, 2019, Members can earn Points by purchasing Eukanuba® and Iams® Dog Food products at retail. Members earn one (1) point for every pound of Eukanuba® dog food purchased and credited, (.8) point for every pound of Iams® dog food purchased and credited. P&G recommends that you mail your UPCs by certified first class mail or some other traceable delivery method to ensure proof of delivery verification in the event P&G does not receive your UPCs. Additional Points can be earned for every new Puppy Owner Referral that registers on: welcomehomepuppy.ca
7. Automatic redemption for Eukanuba Dog Food voucher.
Subject to P&G’s rights to add, delete, or otherwise make changes to the Points structure and the rewards as more fully expressed in the preceding Section 5, Points are automatically redeemed for Eukanuba Dog Food voucher as posted and, from time to time, updated in the Program website at www.breedsmartpartners.com. See www.breedsmartpartners.com for details on how to redeem Points. Points will be subtracted from a member's account at the time the points level has been reached and a dog food product voucher is mailed to the member. P&G's obligation regarding delivery of Dog Food Product vouchers is satisfied upon shipment to the address for the Member contained in the Program records as of the date of redemption. P&G is not responsible for lost, damaged, or stolen Product. Members must allow two to three weeks for shipment of Product voucher.
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