Terms and Conditions
Purina® Pro Plan® Veterinary Supplements Repeat Purchase Offer
Terms and Conditions
The Purina® Pro Plan® Veterinary Supplements Repeat Purchase Offer (“Program”) is offered by Nestle Purina PetCare Company (“Purina”). Participation in the Program is open only to veterinary clinics in the 50 United States and the District of Columbia (“Participant(s)” or “you”). By participating in the Program, you represent that you (i) are a veterinary clinic, (ii) are located in the 50 United States or D.C., and (iii) accept these Program Terms and Conditions (“Terms”).
Participants must opt-in to participate in the Program by contacting your local Purina Veterinary Consultant (“PVC”) no later than May 27, 2022 (the “Enrollment Deadline”). You may un-enroll from the Program at any time by contacting your PVC. Participation is limited to one (1) account per veterinary clinic (an “Account”). Participants that have provided a valid email address for use with the Account may be sent electronic statements, information regarding Program benefits, and other materials related to the Account at the discretion of Purina. Participants are responsible for maintaining accurate and updated contact information.
III. Program Benefits
Participants can earn a Reward (as defined in Section IV below) by purchasing any combination of the following Purina® Pro Plan® Veterinary Supplements products: FortiFlora® Canine Probiotic Supplement, FortiFlora® SA Synbiotic Action Prebiotic & Probiotic Canine Supplement, FortiFlora® Feline Probiotic Supplement, FortiFlora® SA Synbiotic Action Prebiotic & Probiotic Feline Supplement, or FortiFlora® tablets 4 x 45 count (the “Eligible Products”), pursuant to the following recurrent purchase schedule: a minimum of two (2) cases of Eligible Products in June, 2022, and a minimum of one (1) case of Eligible Products once per month for the months of July – October, 2022, for a total of six (6) cases of Eligible Products auto shipped over the course of the five (5) month Term (the “Repeat Purchase”).
Participants may order any combination of Eligible Products to meet the Repeat Purchase requirement. Repeat Purchases will be fulfilled on the following schedule: June 1, July 1, August 1, September 1, October 3, 2022 (the “Ship Date”). Participant may cancel participation in the Program and/or a Repeat Purchase at any time by contacting their PVC; however, cancellation may result in loss of the ability to earn a Reward. To cancel a Repeat Purchase, please contact your PVC at least three (3) business days prior to the next Ship Date. If you contact your PVC less than three (3) business days prior to a Ship Date, your cancellation may not go into effect until the next calendar month.
IV. Reward Issuance
Participants may earn one (1) $400 Visa gift card (the “Reward”) by successfully completing the Repeat Purchase. Participants must complete the entire Repeat Purchase requirement pursuant to the schedule indicated herein to be eligible for a Reward.
The sale or transfer of Rewards is prohibited. No cash equivalent will be offered except in Purina’s sole discretion. Rewards may be subject to limited availability. If a Reward becomes unavailable or cannot be fulfilled, Purina, in its sole discretion, reserves the right to replace the item with an item of equal or greater value. Special terms and conditions may apply. For example, merchants may impose terms and conditions on Rewards – e.g., limiting your use of a gift card in certain cases. Rewards will be delivered within 4-6 weeks after Term.
Rewards are awarded on an “AS IS” and “AS AVAILABLE” basis. Any Rewards depicted in promotional materials or otherwise in connection with the Program are for illustrative purposes only and may not represent the actual Rewards available. Purina makes no warranty with respect to any Reward or any part thereof. Lost, stolen or expired Rewards are not replaceable. Rewards are void where prohibited by law. Purina or its representatives will report the value of the Reward as required by law. Any applicable taxes are the sole responsibility of Participant.
V. Modification of Terms
Program participation and its benefits are offered at the sole discretion of Purina. Purina reserves the right to amend or modify the Program or any of its Terms, features or benefits at any time and in any way without notice to you, even though these changes may affect your ability to earn a Reward.
Purina may change these Terms as described herein by posting the updated Terms at https://www.proplanvetdirect.com. Your continued participation in the Program will constitute your acceptance of such changes. You should therefore periodically visit the page to review the then-current Terms to which you are bound.
VI. Term and Termination of Program
The Program begins on June 1, 2022 and ends on October 31, 2022 (the “Term”), unless otherwise modified by Purina in its sole discretion.
Purina reserves the right to shorten, suspend, modify, and/or terminate the Program, in whole or in part, at any time, for any reason or no reason, with or without prior notice to Participants. Upon early termination, Rewards will be issued based upon participation up to and including the date of termination.
Purina may, at its sole discretion, extend the Program beyond the Term set forth above. In the event Purina does extend the Program, Purina shall give conspicuous notice prior to the date that such extension becomes effective. Participants who continue to participate in the Program after the extension agree to be bound by the Terms then in effect at the time of Program extension.
VII. Disclaimer of Warranties/Release of Liability
Purina, its parent company, subsidiaries and affiliated entities, and their respective officers, directors, employees, and agents (the "Released Parties") make no warranty, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program, participation in the Program, or any products, services or Rewards related to the Program, which are provided on an “AS-IS” and “AS AVAILABLE” basis. Purina expressly disclaims any representation or warranty that the Program, including but not limited to the tracking of the Repeat Purchase, will be error-free. Purina further disclaims any warranty as to the accuracy, completeness and timeliness of any content or information distributed in connection with the Program.
By participating in the Program, each Participant hereby releases the Released Parties from and against any and all injuries, claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees), whether based in contract, tort, strict liability or otherwise, arising out of or in any way relating to the performance or non-performance of any component of the Program, as well as Participant’s participation in the Program, use of Rewards, or agreement to these Terms, to the extent permitted by applicable law.
This disclaimer of warranties and release 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, tortious behavior, negligence, or under any other cause of action.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES AND/OR LIMITATION OF LIABILITY, SO THE ABOVE PROVISIONS MAY BE LIMITED IN THEIR APPLICABILITY TO YOU.
VIII. Additional Terms
a) Participation in the Program constitutes permission for Purina and its designees to use your name, clinic name, biographical information, and/or statements about the Program for advertising, trade, promotional and other purposes in any and all media now or hereafter devised, worldwide, in perpetuity, without additional compensation, notification or permission, unless prohibited by law.
c) Purina shall not (i) be a party to or (ii) participate in any disputes between you and a third party involving Account ownership, Repeat Purchase, Rewards or any other aspect of the Program.
d) Abuse of Program (e.g. failure to follow Program Terms, or the sale or barter of Rewards, products, promotional offers, or other improper conduct), as determined by Purina in its sole judgment, may result in a Participant being disqualified from participation in the Program, all to the extent permitted by applicable law. Purina may, at its sole discretion, prosecute abuse of the Program to the fullest extent of the law.
e) Unless otherwise expressly stated or pursuant to a particular Program feature, Repeat Purchase, Rewards and offers are not transferable and may not be combined among Participants.
f) Purina reserves the right to make promotional offers available to select Participants based on client or clinic activity, geographic location, Program participation, and/or information supplied by the Participant. Purina reserves the right to add, withdraw, amend, or otherwise change such offers at any time at its sole discretion, with or without notice to Participants.
g) Determination and payment of tax liability on Reward(s), including income tax, if any, are your sole responsibility.
h) The failure of Purina 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 Purina, shall not be deemed a breach of the Terms.
i) Dispute Resolution/Choice of Law: Except where prohibited, each Participant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Program shall be resolved individually, without resort to any form of class action, and exclusively by the state courts of the State of Missouri in St. Louis City and St. Louis County, and, if the jurisdictional prerequisites exist, the United States District Court for the Eastern District of Missouri; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys’ fees; and (c) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the Participant and Released Parties in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Missouri without giving effect to any choice of law or conflict of law rules (whether of the State of Missouri or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Missouri. Participant and Released Parties consent to and waive any objection to the personal jurisdiction and venue of said courts, and, further, consent to the service of legal process in accordance with the rules of said courts.
j) Purina reserves the right to interpret and apply the Terms of the Program in its sole discretion, subject to applicable law. All determinations by Purina will be final and conclusive in each case. Purina’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 Purina in writing.
k) These Terms, together with those items made a part of these Terms by reference, make up the entire agreement between Purina and Participant relating to the Program, and replace 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, said term(s) will be enforced to the fullest extent permitted by applicable law and the other Terms will remain in full force and effect.
l) In the event of any discrepancy or inconsistency between these Terms and disclosures or other statements contained in any Program-related materials, including, but not limited to, any sales materials, television, print or online advertising, and/or any instructions or interpretations of these Terms given by any representative of Purina, the terms and conditions of these Terms shall prevail, govern and control to the fullest extent permitted by law.