Official Rules for the “Pets Like Us” Contest
1. Eligibility: Open to legal residents of the 50 contiguous United States and Washington DC who as of the time of entry are 18 years of age or older (and at least age of majority in state). Contest is subject to all applicable federal, state and local laws and regulations and is void where prohibited by law.
2. Sponsor: Us Weekly LLC, 1290 Avenue of the Americas, New York NY 10104
3. Agreement to Official Rules: By participating in the Contest, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Contest.
4. How to Enter:
· Take a photo of your celebrity-resembling pet;
· On your valid, public (i.e. not “private”) Instagram account, post the photograph on Instagram with the @UsWeekly handle, the hastag “#PetsLikeUsContest” and add the name of the celebrity your pet looks like in the caption;
· The photo you share should only consist of your pet photo (no celebrity photos as part of your entry please).
(each such photograph and entry, a “Submission”).
Limit one entry per person, regardless of the method used to enter.
If you do not have an Instagram account, visit www.instagram.com and register in accordance with the enrollment instructions for a free Instagram account. By submitting an entry to the aforementioned handle and hash tag, the entrant is confirming that they have read and agree to comply with these official rules and all other contest requirements.
The entry period is 9:00 AM Eastern Standard Time (“EST”) on 4/5/2016 and ends at 11:59:59 PM EST on 4/7/2016.
b. Limit one entry per person. All entries must be received by the close of entry period. Participants may not enter with multiple Instagram accounts nor may entrants use any other device or artifice to enter multiple times during entry period or under multiple identities. Any participant who attempts to enter during entry period under multiple identities or uses any device or artifice to enter multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s discretion. Sponsor reserves the right, in its sole discretion, to cancel the Contest if it does not receive a sufficient number of eligible and qualified Submissions.
c. Submissions are subject to Submission Guidelines, as detailed further in Section 5.
d. No mechanically reproduced or computer generated entries permitted. Not responsible for lost, late or misdirected entries, or entries containing incorrect or incomplete information. Not responsible for any problems or technical malfunctions of any telephone network or lines, computer, on-line, or Internet systems or services, servers, computer equipment, software, failure of any email or entry or confirmation or winners notice on account of technical problems or traffic congestion on the Internet, problems with Instagram or the usmagazine.com website or any combination thereof, including any injury or damage to entrant’s or any other person’s computer resulting from downloading any materials in connection with the Contest. Entries become the property of Sponsor and will not be acknowledged or returned.
5. Submission Guidelines:
a. Submissions cannot:
- Have been previously submitted to any contest, sweepstakes, or promotion of any kind;
- Contain any trademarks, logos or copyrighted material (such as company names, music, photographs or works of art), unless such material is owned solely by entrant;
- Promote the use of alcohol, drugs, tobacco, firearms/weapons, any activities that may appear unsafe or dangerous or any particular political agenda or message;
- Depict, or itself be in, violation of any law;
- Be obscene, sexually explicit, pornographic, offensive, illegal, hateful or obscene, or promote violence or harm;
- Contain any virus, Trojan horse or other harmful or malicious code; or
- Defame, slander or libel or contain disparaging remarks about other people or companies, or violate anyone’s privacy.
b. You shall be solely responsible for your own Submissions and the consequences of submitting and publishing your Submissions in the Contest. By entering, you affirm, represent, and warrant as follows:
- you own or have all necessary licenses, rights, consents, and permissions to publish the Submissions and to grant Sponsor the rights to use the Submissions 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.
- all elements of the Submission are 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 contracts, copyrights, trademarks or rights of publicity or privacy; and
- Sponsor and its licensees, assigns and promotional partners will not be required to pay any money or incur any obligations to any person or entity as a result of their use, exhibition, publication or exploitation of the Submission in whole or in part.
c. Sponsor, and/or its designed representatives will review all Submissions received. If any Submission fails to conform to these Official Rules, or Sponsor otherwise determine that the Submission is inappropriate, would reflect poorly on Sponsor, or the Contest or could adversely affect the reputation or goodwill of Sponsor, Sponsor may remove the Submission and make it ineligible for the Contest. Sponsor also reserve the right, at Sponsor’s option, to edit any Submission, including to omit third parties, or to require entrant to edit the Submission in order to make it eligible for entry in the Contest.
d. Sponsor, and its licensees, assigns and promotional partners may edit, publish, copy, distribute, display, publicly perform and otherwise use, and license others to use and edit, your Submission or photo, 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, except where prohibited by law. Submitting your entry constitutes your consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, publicly perform, reproduce, modify, publish, create derivative works from, and display any such Submission or photo in whole or in part, in any media worldwide using technology now known or later developed, for any purpose, including for promotional or marketing purposes. If requested, you must sign any documentation required for Sponsor, or their designees to make use of the non-exclusive rights you are granting to use the Submission. By participating in the Contest, you agree that you provide your entry freely and without restriction, that you were not solicited or compensated for your Submission, and that your Submission will not place Sponsor under any obligations other than those contained in these Official Rules. You also acknowledge and agree that Sponsor is free to disclose the ideas contained in the entry on a non-confidential basis to anyone or otherwise use the ideas therein without any compensation to you. You further acknowledge that Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor or developed by their employees, or obtained from sources other than you. By entering the Contest, you understand and acknowledge that you will not now or in the future be paid or compensated in any way for your entry or for granting the Sponsor any of the rights set out in these Official Rules. You further acknowledge that Sponsor is not obligated to make use of any of the rights granted in these Official Rules. Without limiting the above language, Sponsor may publish, display, publicly perform and use your Submission or photo in Us Weekly magazine and on usmagazine.com and its related digital properties, applications and social media. You waive any and all “moral rights” or similar rights that you may have in any jurisdiction.
e. 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.
f. You release and hold harmless Sponsor, Wenner Media LLC, Instagram, Ainsworth Pet Nutrition and each of their licensees, assigns and promotional partners, parent companies, subsidiaries, affiliates and related companies, and the respective officers, directors, employees, agents, successors, licensees, and assigns of each of the foregoing (collectively, “Released Parties”) from any violation of any personal or proprietary right you may have in connection with the foregoing uses of the Submission, your photo, 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 will indemnify each of the Released Parties from any harm or injury (including damages, expenses and attorney’s fees) resulting from any third party claim that your Submission violates or infringes any copyright, trademark, privacy or publicity right, or any other right of a third party. A “third party” is anyone other than you or a Released Party.
g. Each entrant hereby acknowledges and agrees that the relationship between the entrant and Sponsor is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the Submission to 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 Sponsor has 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 Sponsor’s use of any such similar or identical material that has or may come to Sponsor from other sources.
a. Submissions will be judged by a qualified panel of judges selected by Sponsor (“Judges”) who will consider the following criteria (“Judges’ Criteria”): quality of photo (20%); creativity (20%); similarity to celebrity (60%). In the event of a tie, the entry with the higher score first in the similarity to celebrity category, then in the creativity category, then in the quality of photo category will be declared a winner.
b. The winners will be notified by adding a comment from @UsWeekly to the winner’s photo submission on the winner’s Instagram account on or around 4/8/2016.
c. The decisions of the Judges and of Sponsor will be final and binding on all matters relating to the Contest.
a. Ten (10) winners will receive the following prize (the “Prize”):
- Winner’s submission to be featured in a “Winners Gallery” webpage on Us Weekly’s website.
b. Approximate Retail Value (“ARV”) of Prize: $0. Actual retail value of the Prizes may vary. Winner will not receive the difference between the actual and approximate retail value.
c. Sponsor reserves the right to substitute a prize of equal or greater value. No substitution or transfer of prize permitted except as provided herein. Prizes are non-redeemable for cash. In the event of unavailability, Sponsor may substitute a prize of greater or equal value.
8 . General:
a. Employees, directors and officers of Sponsor, its parents, affiliates, subsidiaries, partners, advertising or promotional agencies, and their immediate family members and/or those living in same household are not eligible.
b. All federal, state, and local taxes are the sole responsibility of the winner. Winner 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 potential tax implications. Should the ARV of the prize equal or exceed $600.00, winners shall be required to provide a Social Security Number and necessary tax form to Sponsor for issuance of a 1099 Form.
c. Potential winners may be requested to execute Affidavit of Eligibility/Release of Liability Form(s) within 5 days of notification. Noncompliance with these rules or return of prize notification as undeliverable or inability to locate winner within 5 days after notification will result in disqualification and selection of an alternate potential winner.
d. By participating in the Contest and accepting any prize, entrants and winners agree to release and hold harmless 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 Contest, including without limitation participation in any Contest-related activity and/or possession, acceptance, use or misuse of any prize.
Released Parties are not responsible if Contest cannot take place or if prize cannot be awarded due to travel cancellations, postponements, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
Sponsor failure to enforce any term of these rules shall not constitute a waiver of that provision.
e. Participation in the Contest constitutes consent to use entrant’s name, biographical information, image and likeness for editorial, advertising and publicity purposes without additional compensation, except where prohibited by law. Entrant releases and holds harmless the Released Parties for any liability, claims and causes of action based on defamation or violation of rights of publicity or privacy.
f. Sponsor reserves the right to disqualify any person tampering with the entry process, the operation of Instagram, usmagazine.com or who is otherwise in violation of the Official Rules. Sponsor further reserve the right to cancel, terminate or modify the Contest in the event the Contest is not capable of completion as planned, including infection by computer virus, bugs, tampering, or technical failures of any kind. In the event of a dispute over the identity of the entrant, entry will be deemed submitted by the authorized account holder of the primary e-mail address associated with the Instagram account used to submit the disputed entry. The authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or any other organization (e.g. business, educational institute, etc.) that is responsible for assigning e‐mail addresses for the domain. 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. CAUTION: ANY ATTEMPT BY ANY PARTICIPANT TO DELIBERATELY DAMAGE THE WEBSITE 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, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH ENTRANT(S) TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION.
g. Winner acknowledges that Released Parties have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and Winner agrees to look solely to such manufacturers for any such warranty and/or guarantee.
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 shall any award include attorney’s fees. Disputes arising from this Contest, or any matter arising therefrom, whether direct or indirect, will be determined according to the laws of the State of New York, without reference to its conflict of laws principles.
i. This Contest is in no way affiliated with, sponsored by or administered by Instagram.
9. Winner’s List:
For names of prize winners, by 10/15/16 send a separate, stamped, self-addressed, No.10 envelope to: “Pets Like Us Contest” c/o Us Weekly magazine, Editorial Department, 1290 Avenue of the Americas, New York, NY 10104.