NO PURCHASE IS NECESSARY TO PARTICIPATE.
A PURCHASE DOES NOT PROVIDE ANY ADDITIONAL BENEFIT/RIGHT
1. Eligibility: The Vet Contribution Program (the “Program”) is open only to those who are at least 18 years of age as of the date of entry. The Program is only open to legal residents of the United States and is void where prohibited by law. You do not need to purchase insurance, request a quote or take any action regarding any pet insurance policy in order to be eligible; nor will participation in the Program have any impact on an existing pet insurance policy or any future pet insurance policy. The Program is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Pumpkin Insurance Services (“Pumpkin”), as final and binding as it relates to the content.
3. How to Enter: The Program must be entered by posting on your social media account (Facebook or Instagram only) (a) at least one photo containing your pet(s) and a thank you note from your pet(s) to its vet; and (b) the hashtags #ArfMeowForVets, @pumpkinpetcare and tag your vet clinic and/or your vet clinic name, city and state.
The entry must fulfill all Program requirements, as specified, to be eligible to initiate a Pumpkin Contribution (as defined below). Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of the Pumpkin. You may enter only once and you must fill in the information requested. You may not enter more times than indicated by using multiple photos or social media accounts, identities or devices in an attempt to circumvent the Rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of the Pumpkin. By making a posting in accordance with the Program you are representing that your pet is an actual patient of the veterinarian, that you note is an actual and hones appreciation of the vet service and describes a typical experience with the vet.
4. Program Period: Entries will be accepted online during the periods of: 4/1/2020 – 7/15/2020. Entries must be received by 11:59:59PM EST on the last day of eligibility to qualify for Pumpkin Contribution. The Pumpkin reserves the right, under its sole discretion, to change the Program Period, including early termination, without any prior notice.
5. Pumpkin Reward: The vet clinic mentioned in your Entry (“Designated Vet”) may receive up to $5 per Entry in the form of a monetary Contribution from Pumpkin to a veterinary relief fund to be set up by the Designated Vet (each, a “Pumpkin Contribution”). The maximum aggregated amount of Pumpkin Contributions provided to any one Designated Vet from all Entries shall be $5,000. The maximum aggregated amount of all Pumpkin Contributions provided by Pumpkin to all Designated Vets as part of the Program shall be $50,000. All amounts are subject to change by Pumpkin under its sole discretion with no notice requirement to you or to any Designated Vet. Specifics of the Pumpkin Contribution, including the relief fund setting, form, required documentation and/or consents required from the Designated Vet, shall be solely determined by the Pumpkin, shall be subject to change, cancelation or addition subject to the Pumpkin sole discretion without any notice to you or to any Designated Vet. No cash or other Pumpkin Contribution substitution permitted except at Pumpkin's discretion. The Pumpkin Contribution is non-transferable. Any and all Pumpkin Contribution related expenses, including without limitation any fund set up costs and transaction costs, as well as all federal, state, and/or local taxes shall be the sole responsibility of the Designated Vet. No substitution of Pumpkin Contribution or transfer/assignment of Pumpkin Contribution to others by you or the vet clinic is permitted. Providing an Entry constitutes permission for Pumpkin to use your name, likeness, and Entry for purposes of advertising and trade without further compensation, unless prohibited by law. There shall be no requirement as part of earning the Contribution for the Designated Vet to have to accept any form of insurance marketed by Pumpkin or to market such insurance to the public.
6. Pumpkin Pumpkin Contribution notification: Entries from the Program eligible for the Pumpkin Contribution may be notified via their social media account used for the Entries within thirty (30) days following the Program Period, provided, however, that the Pumpkin does not guarantee any such notification. Pumpkin shall have no liability for any failure to receive notices due to social media restrictions, spam, junk e-mail or other security settings, or for participant’s provision of incorrect or otherwise non-functioning contact information. If the selected participant cannot be contacted or fails to timely return a completed and executed declaration and releases if required, the Pumpkin Contribution may be forfeited and an alternate Pumpkin Contribution selected. The receipt by a Designated Vet of the Pumpkin Contribution offered in this Program is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY PARTICIPANT (AT PUMPKIN'S SOLE DISCRETION) WILL RESULT IN SUCH PARTICIPANT DISQUALIFICATION AND ALL PRIVILEGES AS PARTICIPANT WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by you: By entering this content you understand that Pumpkin, anyone acting on behalf of Pumpkin, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your Entry, including, without limitation, the entry and your name, portrait, picture, voice, likeness, image or statements about the Program, your vet info, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
9. Terms: Pumpkin reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Program should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Program. In such case, Pumpkin Insurance Services may use all eligible Entries received prior to and/or after (if appropriate) the action taken by Pumpkin Insurance Services. Pumpkin Insurance Services reserves the right at its sole discretion to disqualify any individual Entry or Designated Vet who tampers or attempts to tamper with the entry process or the operation of the Program or website or violates these Terms & Conditions. Pumpkin has the right, in its sole discretion, to maintain the integrity of the Program, to void Entries for any reason, including, but not limited to; multiple entries from the same user from different social media accounts or IP addresses; multiple entries from the same computer in excess of that allowed by Program rules; or the use of bots, macros or scripts or other technical means for entering. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Program may be a violation of criminal and civil laws and should such an attempt be made, Pumpkin reserves the right to seek damages from any such person to the fullest extent permitted by law. Program
10. Limitation of Liability: By entering you agree to release and hold harmless Pumpkin and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, underwriters, 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) such entrant's participation in the Program and/or his/her vet clinic acceptance, possession, use, or misuse of any Pumpkin Contribution or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Program; (v) electronic or human error which may occur in the administration of the Program or the processing of entries.
11. Arbitration/Dispute Resolution. Arbitration/Dispute Resolution. You agree to arbitrate any and all claims arising out of or related to these Terms & Conditions or your relationship with Pumpkin. If you have a dispute concerning any aspect of the Terms & Conditions, including without limitation, your participation in the Pumpkin Program you should first contact customer service at help@pumpkin.care. We will attempt to resolve the matter to your satisfaction within thirty (30) days of our receipt of a notice to customer service. We may choose to provide you with a final written settlement offer during this process. If we provide you with a final written settlement offer and you don't accept it, if we can't otherwise satisfactorily resolve your dispute, or if you choose to skip this step, you must submit your dispute for resolution by arbitration before the American Arbitration Association ("AAA") in the county where you live by filing a separate Demand for Arbitration online by following the instructions at https://apps.adr.org/webfile/.
An AAA arbitrator will have exclusive authority to resolve any dispute or claims that you may have with us. Matters subject to mandatory arbitration include, without limitation, whether this Arbitration/Dispute Resolution provision applies to your particular claim or dispute, and any claim that all or any part of the Terms & Condition, including this provision, are/is unenforceable. If the claim is against us, you will need our mailing address to file online. To obtain our mailing address, contact us by emailing help@pumpkin.care. If we have a dispute, we will submit our dispute for resolution by arbitration before the AAA in New York, NY. If either party files for arbitration, it will be conducted in accordance with the then current AAA Commercial Arbitration Rules. If you proceed to arbitration against us, you will pay all AAA filing fees and we will pay for all administration and arbitrator fees unless the arbitrator determines that your claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). For claims brought by you of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. If you initiate arbitration against us and the arbitrator awards you relief that is greater than our final written settlement offer made before an arbitrator was selected, then we will pay you a minimum recovery of Five Hundred Dollars ($500.00), plus we will reimburse any reasonable expenses incurred by your attorney, if any, including fees reasonably accrued for investigating, preparing and pursuing the claim in arbitration. Although under some laws we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we agree that we will not seek such an award from you. You and your attorneys are not required to keep the results of the arbitration confidential.
Class Action Waiver. You and Pumpkin agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitration provision contained in these Terms & Conditions does not constitute a waiver of any of your rights and remedies to pursue a claim individually but NOT as a class action in binding arbitration. You agree to the entry of injunctive relief to stop a class lawsuit or proceeding to remove you as a participant in such a suit or proceeding. The provision preventing you from bringing, joining or participating in class action lawsuits or class arbitration proceedings is an independent agreement.
Exceptions to Mandatory Arbitration. There is one narrow exceptions to mandatory arbitration. You may choose to pursue your dispute or claim in Small Claims Court rather than by arbitration but only if your dispute or claim qualifies for Small Claims Court in a location where jurisdiction and venue over both you and Pumpkin is proper.
Other than this one exception, you must arbitrate any claims as provided above.
YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US
12. Privacy Policy: Non-public Information submitted with an entry is subject to the Privacy Policy stated on the Pumpkin Insurance Services Website. To read the Privacy Policy, click here.
13. Contribution List: To obtain a copy of the Designated Vets and the Pumpkin Contributions or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: ATTN: Vet Contribution Program, 251 W 30th St., Suite 9W, New York NY 10001. Requests must be received no later than July 15, 2020.
Pumpkin is currently not available in all states.
Pumpkin Pet Insurance policies are underwritten by United States Fire Insurance Company and produced by Pumpkin Insurance Services Inc.
Copyright © 2019 Pumpkin Insurance Services Inc. All rights reserved.
Our mailing address is: 251 W 30th St. Suite 9W, New York, NY 10001
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Pumpkin Vet Contributions Program Terms & Conditions