NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.
SUBMITTING AN ENTRY CONSTITUTES YOUR FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE OFFICIAL RULES AND THE DECISIONS OF THE SPONSOR AND JUDGES, WHICH SHALL BE FINAL AND BINDING ON ALL MATTERS RELATING TO THE CONTEST.
Eligibility: Open only to legal residents of the fifty (50) United States of America and the District of Columbia (AND SPECIFICALLY EXCLUDING RESIDENTS OF OVERSEAS MILITARY INSTALLATIONS, PUERTO RICO, AND OTHER U.S. TERRITORIES, COMMONWEALTHS AND POSSESSIONS) who, as of January 22, 2018, are 18 years of age or older (or, except in the case of legal residents of certain states where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) and possess a valid Instagram account or Twitter account throughout the duration of the Contest. Employees, officers, directors, and managers of Us Weekly and/or the Sponsor, and each of their respective parent companies, subsidiaries, divisions, affiliates, licensees, dealers, suppliers, distributors and advertising, promotional and judging agencies, including the Judges herein (collectively the “Contest Entities”) and their immediate family members (spouses, parents, children, and siblings and their respective spouses) and household members of each (whether related or not), are not eligible to participate or win the Contest. Void where prohibited by law, rule or regulation. The Contest is subject to all applicable federal, state, and local laws, rules and regulations.
The Contest Sponsor is Ainsworth Pet Nutrition, LLC (hereinafter, “Sponsor” or “Nutrish”).
1. How to Enter:
a. Entry: To enter the “Us Weekly #PetOlympics” Contest (the “Contest”), you must log on to the Contest website at usmagazine.com/petolympics, read the Contest rules and follow the instructions, including, without limitation:
Take a photo or video of your pet at play, and:
· post the original photograph or original video on Instagram or Twitter with the content and hashtag “#PetOlympics” (the “Hashtag”) on your valid, public (i.e. not “protected”) social account (the “Submission”)
You must have an Instagram account or Twitter account and have your applicable account settings set to public (not private) and you must post an original photo or video of your pet, along with applicable Hashtag, to receive one (1) entry into the Contest. Submissions must be complete to be eligible. If an entrant’s Submission does not include the specified Hashtag, then that entrant will not be entered into the Contest. You may submit as many Submissions as you would like as long as each photo or video is original, different and unique. By posting the Submission, you acknowledge that you are a legal resident of the 50 United States or the District of Columbia who is 18 years of age or older (except in the case of legal residents of certain states where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority), that you possess a valid Instagram account or Twitter account, and that you have read and agree to these Official Rules. Any Submission deemed inappropriate or containing unsuitable material, in Sponsor’s sole discretion, will be disqualified. Any Submission or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, defamatory or violates any proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, sexual in nature, or is otherwise objectionable, will disqualify the Submission as determined in Sponsor’s sole discretion. All Submissions must comply with the Content Restrictions set forth herein.
2. By entering this Contest, you agree to the following:
a. SUBMISSION GUIDELINES:
1. Submissions cannot:
· Contain any material containing the name, likeness, image, photograph or other identifying elements of any person, other than the entrant and entrant’s immediate family, without written permission of such person;
· Promote the use of alcohol, drugs, tobacco, firearms/weapons, any activities that may appear unsafe or dangerous or any particular political agenda or message;
· Contain materials relating to lotteries or gambling, or material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other basis protected by federal, state, territory, provincial or local law, ordinance, or regulation;
· Contain any audio and/or visual content owned by any third party (e.g., recorded music; pre-produced video, etc.);
· Depict, or itself be in, violation of any law;
· Be obscene, sexually explicit, pornographic, offensive, illegal, hateful or obscene, or that promotes violence or harm;
· Contain any virus, Trojan horse or other harmful or malicious code or
· Defame, misrepresent, slander, libel or contain disparaging remarks about other people or companies.
2. You shall be solely responsible for your own Submission and the consequences of submitting and publishing your Submission in the Contest. You affirm, represent, and warrant as follows:
· you own or have all necessary licenses, rights, consents, and permissions to publish the Submission and to grant Us Weekly and Sponsor the rights to use the Submission as set forth in these Official Rules. Without limiting the preceding sentence, you represent that you have obtained all of the rights, licenses and permissions from each person that appeared in the Submission or helped create the Submission or whose intellectual property is included in the Submission. You MUST be the parent/legal guardian of any child depicted in the Photo, or have permission from a parent/legal guardian of each child depicted to submit the Submission in this Contest;
· the Submission is your original work;
· the publication and use of the Submission as provided in these Official Rules does not and will not violate or infringe upon the rights of any third party, including without limitation copyrights, trademarks or rights of publicity or privacy; and
· Us Weekly and Sponsor and its licensees, assigns and promotional partners will not be required to pay any sums or incur any obligations to any person or entity as a result of their use, exhibition, publication or exploitation of the Submission or any portion thereof.
b. Sponsor, and its licensees, assigns and promotional partners shall own all right, title and interest in each of the Submissions and have the right to edit, publish, copy, distribute, broadcast, exhibit, advertise, promote, exploit, display, create derivative works from and otherwise use, and license others to use and edit, in whole or in part, the Submissions, worldwide in any media, formats, editions, and derivations, now known or hereafter developed, for all possible editorial, advertising and promotional purposes, without further permission, notice or compensation, in perpetuity, to the fullest extent permitted by law. Without limiting the previous sentence, Sponsor may publish, display and use your Submission in Us Weekly magazine and on usmagazine.com, and in advertisements for the products and services of Sponsor and on Sponsor’s websites including social media and www.nutrish.com. You waive any and all “moral rights” or similar rights that you may have in any jurisdiction. By entering the Contest and submitting a Submission, you hereby grants to Sponsor, Us Weekly and each of their respective designees the perpetual and unlimited right and license to use, license, edit, modify, duplicate and/or create derivative works from your Submission throughout the world and in perpetuity, including, but not limited to, the right for Sponsor to publish, display, broadcast, distribute, reproduce, perform, create derivative works from and otherwise use and exploit the Submission via the Internet or any other interactive media, in stadium, on television, in print and/or any other media currently existing and hereafter developed and without limitation and without payment of any compensation to the entrant or his/her heirs and successors, (a) on its own or as part of any audiovisual or other production; (b) to advertise any products, programming or services of Sponsor or for any other advertising, marketing, publicizing and promotional purposes and in any materials related thereto; and/or (c) for any other purpose whatsoever.
c. You consent to the use by Sponsor and its licensees, assigns and promotional partners of your name, image, voice, likeness and biographical information worldwide in any media, now known or hereafter developed, for all possible editorial, advertising and promotional purposes without further permission, notice or compensation, in perpetuity, to the fullest extent permitted by law. Without limiting the foregoing, you agree that your name, image, voice, likeness and biographical information may be used in advertising materials for the goods and services of Us Weekly and Sponsor.
d. You release and hold harmless Us Weekly and Sponsor, and each of their respective licensees, assigns and promotional partners, as well as each oftheir respective parent companies, subsidiaries, affiliates and related companies, and each of their respective officers, directors, employees, agents, successors, licensees, and assigns of each of the foregoing (collectively, the “Released Parties”), from any violation of any personal or proprietary right you may have in connection with the foregoing uses of the Submission and/or your name, image, voice, likeness and biographical information, including without limitation any claims of libel, slander, invasion of right of privacy, publicity or personality, or copyright infringement. You also hereby release in perpetuity the Released Parties from any claims, demands, losses and liabilities of any nature arising out of or in any way connected with the Submission, and the use thereof as permitted hereunder, including, but not limited to, claims of false endorsement or infringement of rights of publicity or privacy.
3. Judging/Selection of Winners:
a. All eligible Submissions will be evaluated and judged by a qualified panel of judges selected by Us Weekly (“Judges”) who will consider the following criteria (“Judges’ Criteria”) when reviewing the Submissions: the talent of pet (50%) and the overall composition of the photo or video (50%). The Judges and the Sponsor will select ten (10) finalists (the “Finalists”). Subject to verification of eligibility and compliance with the terms of these Official Rules, the Finalists will be notified by Us Weekly via direct message to the original social account used by entrant.
b. The ten (10) Finalists will be voted on by the general public/visitors by clicking “VOTE” under the entry of their favorite Finalist during the applicable voting period as set forth in these Official Rules. Public voting will determine the three (3) winners (the “Winners”) by the number of votes cast/entered for the applicable Finalists during the voting period. Each visitor is able to vote for their favorite Finalists an unlimited number of times during the voting period, with the top three (3) Finalists being named Winners of the Contest.
c. Any ties in the number of votes for the Finalists will be determined by random selection by Sponsor and Us Weekly. Decisions of Sponsor are final on all matters relating to the Contest and all Winners.
d. Subject to verification of eligibility and compliance with the terms of these Official Rules, Winners will be notified by Us Weekly via direct message to the original social account used by entrant. Inability to contact winner within three (3) days after notification will result in forfeit of the applicable Prize.
4. Prizes: A total of three (3) Prizes will be awarded, as follows:
a. First Place Prize: One (1) First Place Prize Winner will receive $1,500.00.
b. Second Place Prize: One (1) Second Place Prize Winner will receive $1,000.00.
c. Third Place Prize: One (1) Third Place Prize Winner will receive $500.00.
d. Total ARV of all Prizes to be awarded: $3,000. All amounts herein are U.S. Dollars.
e. All Prize details shall be determined in the sole and absolute discretion of Sponsor. Each Winner is fully responsible for any and all applicable federal, state, territory, provincial and local taxes (including income and withholding taxes). All costs and expenses associated with the Prize acceptance and use not specified herein as being provided are the sole responsibility of each Winner. The Prizes are non-transferable and non-assignable, with no cash redemptions except at Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute any Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. Prizes will not be fulfilled outside the 50 United States and District of Columbia, or where prohibited, taxed or restricted by law. Limit one (1) Prize/person/Submission.
Sponsor reserves the right to disqualify any entrant or person tampering with the entry process, the operation of usmagazine.com or who is otherwise in violation of the Official Rules. Sponsor further reserves the right to cancel, terminate or modify the Contest in the event the Contest is not capable of completion as planned, including but not limited to infection by computer virus, bugs, tampering, printing errors, or technical failures of any kind. The authorized subscriber of the email account used to enter the Contest at the actual time of entry will be deemed to be the entrant and must comply with these Official Rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address. Submissions generated by script, macro or other automated means and Submissions by any means which subvert the entry process are void, and use of computer programs and other automatic means to enter the Contest is strictly prohibited.
CAUTION: ANY ATTEMPT BY ANY ENTRANT OR PARTICIPANT TO DELIBERATELY DAMAGE THE WEBSITE OR ACCOUNTS ASSOCIATED WITH THIS CONTEST OR TAMPER WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT(S) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
a. Released Parties are not responsible for late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, or garbled Submissions, entries, transmissions, postings or emails; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed email notifications; printing, typographical or other errors appearing within these Official Rules, in any Contest-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, wireless service, mail, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of Submissions, or the announcement of the Prizes or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to entrants’ or to any other person’s computer and/or wireless device related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website or attempt to undermine the legitimate operation of the Contest by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of Sponsor and/or Us Weekly or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Submissions or entries will be void. Any attempt to deliberately damage the content or operation of this Contest is unlawful and subject to legal action by Sponsor, Us Weekly and/or their respective agents. Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Contest, and to resolve all disputes in its sole discretion. Released Parties (a) make no warranty, guaranty or representation of any kind concerning the Prize (or any portion thereof), and (b) disclaim any implied warranty. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
b. All federal, state, and local taxes are the sole responsibility of the Winners, who will receive an IRS Form 1099 reflecting the final actual value of any Prize valued at $600 or more. Consult with your tax professional regarding any potential tax implications.
c. Potential Winners must execute an Affidavit of Eligibility/Release of Liability Form(s) within five (5) days of notification. Noncompliance, or return of Prize notification as undeliverable or inability to contact a Winner within three (3) days after notification will result in forfeit of Prize.
d. By participating in the Contest, all entrants and Winners agree to release and hold harmless the Released Parties from and against any and all liability whatsoever for any loss, harm, damage, injury, cause of action, claim, cost or expense (including without limitation any property damage, personal injury and/or death) arising out of or in connection with the (i) the Submission; or (ii) the Contest, including without limitation participation in any Contest-related activity, travel to or from any Contest-related activity, and/or possession, acceptance, use or misuse of any prize and for any claims based on publicity rights, copyright infringement, defamation or invasion of privacy.
e. Each entrant hereby acknowledges and agrees that the relationship between and among the entrant, Sponsor and Us Weekly is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the Submission to Us Weekly and Sponsor for purposes of the Contest does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the Submission, other than as set forth in these Official Rules. Each entrant understands and acknowledges that Us Weekly and Sponsor have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to them or being developed by their own employees. Each entrant also acknowledges that many ideas or stories may be competitive with, similar to, or identical to the Submission and/or each other in theme, idea, plot, format, or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Us Weekly’s and Sponsor’s use of any such similar or identical material that has or may come to Sponsor or Us Weekly from other sources.
g. By participating, entrants agree to be bound by these Official Rules and the decisions of the Judges, which shall be final and binding with regard to all matters relating to the Contest. Sponsor also reserves the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.
h. ARBITRATION and WAIVER OF CERTAIN DAMAGES: As a condition of participating in this Contest, entrants agree that (a) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other indirect damages, (b) all causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by arbitration under the rules of the American Arbitration Association before a single arbitrator located in New York County, New York; and (c) 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 attorney’s fees or any equitable or injunctive relief. Disputes arising from this Contest will be determined according to the laws of the State of New York, without reference to its conflict of laws principles. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of New York, U.S.A., applicable to contracts entered into and performed exclusively in that state.
7. The Sponsor of the Contest is Ainsworth Pet Nutrition, LLC, 984 Water Street, Meadville, PA 16335
8. Winner’s List: For names of Prize winners available after March 15, 2018, send a separate, stamped, self-addressed, No.10 envelope no later than April 15, 2018, to: “Us Weekly #PetOlympics” Attention: Us Weekly Marketing, 4 New York Plaza, 2nd Floor, New York, NY 10004.
9. Trademark Acknowledgements: Sponsor trademarks, service marks and copyrights are proprietary to the Sponsor and its affiliates. All rights reserved.
The Contest is in no way sponsored, endorsed or administered by Instagram or Twitter. Instagram and Twitter are completely released of all liability by each Participant in this Contest. You understand that you are providing your information to Sponsor and to Us Weekly and not to Instagram or Twitter.