Contest & Giveaway Terms and Conditions
PLEASE READ THESE RULES CAREFULLY PRIOR TO PARTICIPATION OR ENTRY. NO PURCHASE IS NECESSARY TO REGISTER, ENTER, OR WIN.
OPEN ONLY TO INDIVIDUALS AGED 18 OR AGED 13-18 WITH PARENT PERMISSION WHO ARE LEGAL RESIDENTS OF THE UNITED STATES OR CANADA.
A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
VOID WHERE PROHIBITED BY LAW.
The Pudus ™ Pet Selfie Contest (“The Contest”) is created and sponsored by HBJR Holdings LTD., or ilovemyPudus.com (“Sponsor” or “Pudus™”), 145-11120 Horseshoe Way, Richmond B.C. By participating in The Contest, you agree to the terms and conditions of the Pudus™ website, which are available at –contest address here-, incorporated herein by reference, and that your participation will be governed by, and you shall abide by, all of the following rules (the “Contest Rules”) outlined herein.
1. Eligibility: The Contest is open only to individuals who (a) are legal residents of one of the United States or Canada and (b) as of the date of the individual’s first Entry, are at least thirteen (13) years old with permission from a parent or legal guardian, or are at least eighteen (18) years old. Sponsor in its discretion may require a person who submits an Entry (“Participant”) to provide verification of eligibility. The following individuals are not eligible to enter or win The Contest: current or former (within the immediately preceding 12 months) employees, officers, directors, and contractors of HBJR Holdings LTD., and anyone involved in the administration of The Contest, and any member of the immediate family (i.e., a parent, sibling, child or grandchild) or household of any of the foregoing individuals.
2. Entry Period: Entries will be accepted starting at 12:01 a.m. Pacific Time, May 2nd, 2018 and ending 11:59 p.m. Pacific Time, May 16th, 2018 (the “Contest Entry Period”). The timestamp generated by Instagram shall be the official time-keeping device for The Contest.
3. How to Enter: All Entries shall be submitted through Instagram. Individuals must have or open an account with Instagram in order to participate in The Contest. Instagram accounts are subject to the Instagram terms and conditions. Instagram account must not be set to “private” (Pudus™ can only see your “public” photographs). In order to enter, complete the following steps:
1. Follow @puduslife on Instagram;
2. Upload an original photograph of yourself and your pet to Instagram;
3. Tag @puduslife in the caption of the photograph;
4. Include the hashtag #puduspetcontest in the caption of the photograph.
To enter more than one photograph, repeat steps 2 through 4 with each original photograph. Each original photograph will constitute one (1) entry. Each eligible Participant may submit an unlimited number of Entries during the Contest Entry Period.
By using the hashtag #puduspetcontest to submit an Entry, you warrant and represent that
- your Entry photograph is original and does not infringe the intellectual property rights of any third party,
- you own or have the necessary licenses, rights, consents, and permissions to publish and exploit the Entry photograph,
- the Entry does not feature trademarks, logos, or brand names other than those owned by Sponsor, and
the Entry is not made for any improper purpose such as to intimidate or harass any individual or to ridicule, disparage, or embarrass the Sponsor.
By using the hashtag #puduspetcontest to submit an Entry, you also grant Pudus™ a non-exclusive perpetual license to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, communication to the public, and/or public performance, and including for commercial purposes) the Entry photograph on the Pudus™ social media platforms. You further waive to the full extent permitted by law any and all claims against Pudus™ related to moral rights in the Entry photograph.
No Entry shall contain any language or imagery which Sponsor deems, in its sole and absolute discretion, to be inappropriate, indecent, obscene, hateful, tortious, defamatory, or that promotes discrimination on the basis of race, gender, religion, nationality, disability, sexual orientation, or age. Sponsor reserves the right, in its sole discretion, to disqualify any Entry that contains any such language or imagery or which otherwise may be in violation of any law. Late, incomplete and/or inaccurate entries and entries not complying with all Rules are subject to disqualification. Any form of automated entry, including by the use of macros, scripts or bots, will be disqualified. Furthermore, by entering, each Participant represents and warrants that each Entry complies with these Contest Rules in full. Entries must not contain any material that Sponsor, in its sole discretion, deems inappropriate for public viewing and/or determines is contrary to the Contest mission. Sponsor reserves the right in its sole discretion to disqualify and/or not accept any Entry that Sponsor determines does not or is likely not to comply with these guidelines. No purchase is necessary for entry. Your submission of an Entry constitutes your legal representation that you are eligible to participate in The Contest, and that you have read and agree to be bound by these Rules.
All Entries must be posted to Instagram no later than 11:59 pm Pacific Time on May 16th, 2018.
4. Judging Period and Criteria: Each qualified Entry will be judged during the Judging Period, which shall begin May 2nd, 2018 and end on or about May 17th, 2018. Initially, all Entries will be judged by Pudus™ personnel, to be selected by Sponsor at its sole discretion (the “Initial Judges”). The Judges shall select the winning entries using the following equally weighted criteria: Creativity; Composition of Photograph; and Relevance to the Contest Theme. Decisions of judges are final and binding.
5. Winner Notification, Requirements, and Grant of Rights: Sponsor, using the @Puduslife Instagram account, will notify Winners by making an Instagram comment on the winning Entry (the “Notification”), no later than two (2) days after the Judging Period ends. To claim the Prize, each Winner must respond to the Notification within forty-eight (48) hours of its posting by emailing info@ilovemypudus.com with the Winner’s full legal name, home, and email addresses. Each Winner must also, within forty-eight (48) hours of Notification, return a declaration of eligibility and grant Pudus™ in writing a royalty-free, irrevocable, transferrable, sublicensable, and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, communication to the public, and/or public performance, and including for commercial purposes) the Entry photograph, waive to the full extent permitted by law any and all claims against Pudus™ related to moral rights in the Entry, and except where prohibited, grant written permission to have the Winner’s name, likeness and identity used for promotional purposes by Pudus™ without additional compensation.
If there is a dispute as to the identity of an entrant, the Prize will be awarded to the authorized account holder of the Instagram account associated with the winning Entry, as registered with Instagram. Pudus™ shall have no liability for a Winner’s failure to receive notices due to Winners’ failure to check Instagram; due to spam, junk e-mail or other security settings; or for Winners’ provision of incorrect or otherwise non-functioning contact information. Sponsor may in its discretion announce the name of the potential Winner on www.ilovemypudus.com or in other forms of communication. The receipt by Winner of the prize offered in this Contest is conditioned upon compliance with any and all federal and state laws and regulations. The failure of a potential winner promptly to prove eligibility, sign the required affidavit, grant of permission, and grant of rights in the Entry, or Sponsor’s inability to contact the potential winner, will result in immediate disqualification and selection of an alternative winner.
ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
6. Prizes: There is one (1) Grand Prize, consisting of one online gift card to ilovemypudus.com in the amount of $250.00, and two (2) Runner Up Prizes, each consisting of one online gift card to Pudus™.com in the amount of $100.00. (Total ARV of all Prizes: $450.00). Each Prize is non-transferable. Gift card shall be subject to the terms and conditions delivered with the online gift card. Each Winner is solely responsible for any and all federal, state/provincial, and local taxes associated with the Prize.
7. Limitation of Liability: By entering, each Participant agrees to and hold harmless Pudus ™ and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors (all of the foregoing, the “Sponsor Parties”) 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 Participant’s participation in The Contest and/or her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited any loss or damage to any Entry, (iii) the malfunctioning of any computer, cable, network, hardware or software; (iv) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (v) unauthorized human intervention in any part of the entry process or The Contest; (vi) electronic or human error which may occur in the administration of The Contest or the processing of Entries; to the maximum extent allowed by law. Some jurisdictions may not permit certain liability limitations or waivers. If any court determines the law of such a jurisdiction applies, our liability shall be limited to the greatest extent permitted by law.
8. All Decisions Final: All decisions of Sponsor and Sponsor Parties are final and binding in all respects.
9. Disputes: THE CONTEST IS GOVERNED BY THE LAWS OF CANADA AND THE PROVINCE OF BRITISH COLUMBIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in The Contest, to the fullest extent allowed by law, Participant agrees that any and all disputes, claims, causes of action or controversies arising out of or in connection with The Contest, shall be resolved in arbitration individually and without resort to collective, class, or aggregate action, as set forth in the Terms and Conditions of the ilovemypudus.com website. By registering and/or submitting an Entry, each Participant irrevocably waives, to the greatest extent allowed by law, any right to seek and/or obtain rescission and/or equitable and/or injunctive relief. Further, in any such dispute, under no circumstances will Participant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than Participant’s actual out-of-pocket expenses (i.e. costs associated with entering The Contest), and participant further waives all rights to have damages multiplied or increased.
NOT WITH STANDING ANYTHING TO THE CONTRARY, IN NO EVENT WILL THE SPONSOR OR THE SPONSOR PARTIES BE LIABLE TO ANY PARTICIPANT OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF REVENUES, LOST PROFITS, LOST CAPITAL OR OVERHEAD, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. General Terms and Conditions: All federal, state, province/territory and local laws and regulations apply, and The Contest is void where prohibited. Pudus™ reserves the right, in its sole discretion, to cancel, terminate, modify or suspend The Contest 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 Contest. In such case, Pudus™ may select the recipients from all eligible Entries received prior to and/or after (if appropriate) the action taken by Pudus™. Pudus™ reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of The Contest or who violates these Contest Rules. Sponsor is not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected, misdelivered, or delayed Entries, or for technical or human errors or failures of any kind in connection with the submission, transmission, processing or selection of Entries or the winning Entry, including without limitation any malfunctions or failures of computer hardware, computer software, networks or telephone equipment or any technical problems or traffic congestion on the Internet or at any website or late, lost, damaged, or postage due mail, or any combination thereof. Caution: Any attempt by a person to deliberately damage any Web site or undermine the legitimate operation of The Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent of the law. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of The Contest, or in the announcement of the prize. Sponsor shall not be responsible for retaining copies of any Entry. These Contest Rules set forth the entire agreement and understanding between Sponsor and Participant concerning the subject matter hereof and merges and supersedes all prior discussions, agreements, and understandings of any kind between them. Notwithstanding anything contained herein to the contrary, Sponsor reserves the right, in its sole discretion, at any future time to terminate, modify, or suspend The Contest for any reason, in Sponsor’s sole discretion. Participant shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. Sponsor’s failure to enforce any provision of these Contest Rules shall not constitute a waiver of any provision contained herein. If any provision of these Rules is found to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein. The titles of Sections of these Contest Rules are for convenience only and shall not be given any legal effect. The word “including” is used in these Contest Rules to mean “including but not limited to.”
11. Name of Winner: The Winners will be announced, and the Winners’ names made available on the ilovemypudus.com and or other Pudus™ social media handles, http://www.ilovemypudus.com/., no later than seven (7) days after the Judging Period ends.
12. Disclaimer: The Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram, and in no instance shall Instagram and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors (all of the foregoing, the “Instagram Parties”) be liable for any disputes, claims, causes of action or controversies arising out of or in connection with The Contest.