1. DESCRIPTION OF THE CONTEST: The Fall Puppy Posting Challenge (the "Contest") is designed to give Entrants ("Entrants") who post a new puppy on PuppySpot the chance to win a Prize. The Prize will be awarded to an Entrant based on random drawing. All federal, state and local laws and regulations apply. Entrants agree to be bound by the terms of these official rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Contest.
2. ELIGIBILITY: This Contest is open only to legal residents of the fifty United States and the District of Columbia who have reached the age of majority in their state of residence ("Entrants"). Void where prohibited by law. The following individuals are not eligible: (a) employees of Sponsor and its parent, affiliate and subsidiary companies; and (b) members of the immediate family of a person in (a) and/or those living in the same household as a person in (a). All federal, state and local laws and regulations apply. Entrants agree to be bound by the terms of these official rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Contest.
3. HOW TO ENTER: This Contest begins on October 15, 2020, and ends on November 30, 2020 at 11:59 pm EST ("Contest Period"). To enter, (i) Entrant must post, during the Contest Period, a puppy to PuppySpot.com who has not been previously posted on PuppySpot.com, and (ii) the posting must conform to PuppySpot's regular posting requirements (the "Submission"). A new posting must be added during the Contest Period to qualify as a Submission. Entrants may have only one (1) Submission per unique puppy listing on PuppySpot.com. Replacing or re-uploading postings during the Contest Period will not count toward additional Submissions. Entries using macro, script or other forms of automatic entry will be disqualified. Sponsor is not responsible for late, lost, incomplete, inaccurate, illegible, or misdirected entries or entries not received for any reason. All entries become property of Sponsor and will not be acknowledged or returned. Submissions must be submitted during the Contest Period. The winner will be announced by December 31, 2020. Limit one Submission per puppy during the Contest Period. By entering the Contest, Entrants understand that all Submissions may be used by Sponsor and its designees as set forth herein.
4. SUBMISSION REQUIREMENTS: Each Submission must include Entrant's first and last name, email address, phone number, city and state of residence, dog's name and dog's breed. Each Submission must also comply with the following:
(a) The Submission must be Entrant's own original work, created solely by Entrant; must not have been previously published, released or distributed in any form; must not have won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity.
(b) The Submission must not contain or reference any names, products or services of any company or entity or any third party trademarks, logos, trade dress or promotion of any brand, product or service.
(c) Entrant is solely responsible for obtaining, prior to submitting the Submission, any and all releases, and consents necessary to permit the exhibition and use of the Submission by Sponsor in accordance with these Official Rules.
(d) Submissions that are lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, or Submissions that otherwise contain inappropriate content or objectionable material may not be submitted and may be disqualified at any time in Sponsor's sole and unfettered discretion.
(e) The Submission must not contain any personally identifiable information of any person other than the Entrant. Should the Entrant include personally identifiable information about the Entrant the Submission, Entrant acknowledges and agrees that such information will be disclosed publicly and Entrant is solely responsible for any consequences thereof.
(f) Entrant may not be, nor may Entrant work with parties in conjunction with Entrant's Submission who are: 1) represented under contract (e.g., by a talent agent or manager) that would limit or impair Sponsor's ability to display Entrant's Submission in any media form; 2) subject to an acting or modeling contract that would make the Entrant's appearance in the Submission a violation of any third-party rights; or 3) under any other contractual relationship, including but not limited to guild and/or union memberships, that may prevent Sponsor from being able to use the Submission worldwide in all media in perpetuity on a royalty-free basis, without any payment or fee obligations.
(g) Sponsor reserves the right in its sole and unfettered discretion to disqualify any Submission that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. The decisions of Sponsor on this and all matters pertaining to the Contest shall be final and binding.
(h) Entrants agree to indemnify and hold Sponsor harmless from and against any suits, claims, losses, damages and expenses, including reasonable attorney fees, that it may sustain from any breach of a representation or warranty made by the Entrant or the use of any rights granted by the Entrant to Sponsor hereunder.
5. SELECTING WINNERS: A representative of the Sponsor will judge the Submissions and select winners from the Submissions. Judging will be based on: Puplifting (25%), Puppylove (25%), Puppy's impact on family (25%), and visual quality video/picture (25%). Decisions of judges are final and binding. An Entrant can only win one prize. The winner will be notified by telephone, email and/or mail. If Sponsor cannot locate a potential winner within three (3) days of attempted notification, the Prize may be forfeited and an alternate winner may be selected.
6. PRIZE AND APPROXIMATE RETAIL VALUE: There will be three (3) prizes awarded, consisting of a $500 gift card, a $250 gift card, and a $100 gift card ("Prize"). Approximate retail value of Prize 1 is $500, Prize 2 is $250, and Prize 3 is $100. All other expenses not specified herein are the responsibility of the winner. ALL TAXES ARE THE SOLE RESPONSIBILITY OF THE WINNER.
7. PRIZE CONDITIONS: Specifics of Prize will be determined by Sponsor in its sole discretion. No substitution or transfer of a Prize will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value if the advertised Prize is unavailable. Prize cannot be transferred by winner or redeemed for cash and is valid only for the items detailed above, with no substitution of prize by winner. If a Prize element is not available for any reason, the remaining elements of the Prize shall constitute full satisfaction of Sponsor's prize obligation to winner, and no additional compensation will be awarded. Sponsor has no responsibility for cancellations, delays, or any other change by any company or person providing any element of the Prize due to reasons beyond Sponsor's control, and is not responsible or liable for any expenses incurred as a consequence thereof. The Prize is awarded without warranty of any kind from Sponsor, express or implied, without limitation.
8. GRANT OF RIGHTS: All Entrants grant the Sponsor and the right to display their Submissions for purposes of this Contest and for any other purposes in Sponsor's discretion. Entrants also grant Sponsor the right to display their Submissions anywhere, via any medium for advertising, promotional and other purposes. Winners hereby grant Sponsor a royalty free license, without geographic or time limitation, to display Entrant's Submission for promotional advertising relating purposes or any other purpose in any and all media. Winners agree to sign any documents that may be necessary to affect the assignment of the licensing rights.
9. CONDITIONS OF PARTICIPATION
(a) Releases and Affidavits As a condition of receiving the Prize, potential winners must complete and return an Affidavit of Eligibility, a Liability Release, and, except where prohibited, a Publicity Release, within seven (7) calendar days of the date stated on the Prize notice. Failure to comply with this deadline may result in forfeiture of the Prize and an alternate winner may be selected.
(b) Release By participating in this Contest all Entrants agree to release, indemnify and hold harmless the Sponsor from and against any liability, injury, death, loss or damages to Entrant or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by reason of their participation in this Contest (or related activities) or their acceptance, possession or use/misuse of a prize.
(c) Publicity Except where prohibited, Entrants hereby grant the Sponsor the right to use their names, likenesses, voices, opinions, biographical information, photographs and any video recording in connection and not in connection with their Submission for publicity, advertising, trade or promotional purposes.
(d) Errors/Internet Sponsor is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected information. Sponsor is not responsible for lost or late entries nor for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor or presenter on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. If for any reason the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, violates these official rules, or acts in a disruptive or unsportsmanlike manner, and to cancel, terminate, modify or suspend the Contest. Sponsor reserves the right to select winners from eligible entries received as of the termination date. Without limiting the foregoing, Sponsor may reject any Submission, if in Sponsor's sole judgment, the Entrant has been disqualified, has questionable eligibility or is otherwise ineligible to enter or participate. CAUTION: A PERSON WHO ATTEMPTS DELIBERATELY TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PENALTIES AND FINES; AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
10. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants or Sponsor in connection with the Contest shall be governed by and construed in accordance with the internal laws of the state of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state laws. Claims may not be resolved through any form of class action. Venue for all suits will be in federal or state courts located in the County of Los Angeles, California.
11. SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
12. WINNERS' LIST: A copy of the winners' list may be obtained by sending a written request to: PuppySpot Group, LLC 7261 Sheridan Street, Ste 300 Hollywood, Florida 33024 ATTN: Fall Puppy Posting Challenge, postmarked between December 25, 2020 and January 25, 2021 and received by January 30, 2021.
13. SPONSOR: The Sponsor of this Contest is PuppySpot Group, LLC 7261 Sheridan Street, Ste 300 Hollywood, Florida 33024 ("PuppySpot" or "Sponsor").
14. DISCLAIMER: American Express does not endorse or sponsor this promotion or any other products and services offered by PuppySpot.