“My Dog Spot Canine Costume Contest 2020”
No Purchase Necessary
1) DESCRIPTION OF THE CONTEST. The “My Dog Spot Canine Costume Contest 2020” (the “Contest”) is sponsored by My Dog Spot Canine Salon, inc, 14256 Imperial Hwy, La Mirada, CA 90638 (“Sponsor”). The winner of the Contest will receive a Grand Prize Package as more specifically described below. The Contest begins at 12:00 a.m. Pacific Time (“PT”) on October 23, 2020 and ends at 11:59 p.m. PT on October 31, 2020 (the “Contest Period”). Sponsor will select the Contest winner in accordance with the procedures set forth below and will announce such winner on or about November 3, 2020. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects.
2) WHO MAY ENTER. The Contest is open only to those legal residents of the state of California who are 18 years of age or older at the time of entry. Directors, officers and employees, and their immediate family members, or those living in the same household as such directors, officers and employees, of Sponsor or their respective parent, affiliated, or subsidiary companies, agents or representatives (collectively “Promotion Entities”) are not eligible to enter or win. The Contest is void where restricted or prohibited by law.
4) SUBMISSION REQUIREMENTS. Each photograph that is entered into the Contest must meet ALL of the “Submission Requirements” set forth below to be considered (a photograph that meets all such requirements will be referred to as a “Submission”): (i) The photograph must be the of submitting entrant's own dog and may not be the dog of another person. (ii) It cannot contain any third-party copyrighted material (including without limitation, copyrighted images or footage); (iii) the submitting entrant should be able to provide on request all appropriate clearances, permissions and releases for the Submission, including releases from all persons appearing in the photograph, location releases for all recognizable locations, and releases from anyone who assisted in the creation of the photograph (in the event a submitting entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor's sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor's benefit, or allow the applicable Submission to remain in the Contest); (iv) the photograph may not feature nudity or obscene language or material that is libelous or defamatory. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Submission that violates the above criteria. Submissions must be received before the end of the Submission Period, and the Sponsor's database clock will be the official timekeeper for this Contest.
5) WINNER SELECTION / JUDGING. At the end of the Submission Period, Sponsor will monitor and review the initial submissions for eligibility. Sponsor will judge all eligible Submissions on the following criteria: Creativity and originality of costume (50%), Quality of photograph (30%), Esthetic value (10%), Scenic expression (10%). Sponsor will select (1) one winning Submission (the “Winning Submission”). The determination of the Winning Submission shall be made by Sponsor in its sole discretion, and such determination shall be final and binding.
6) PRIZES. One Grand Prize is available. The Grand Prize Winner (the “Grand Prize Winner”) will receive a grooming package from My Dog Spot Canine Salon, Inc. For more details about grooming packages, see www.mydogspotsalon.com. The approximate retail value (“ARV”) of the Grand Prize is fifty dollars. Grand Prize is non-transferable, non-extendable, and non-exchangeable. All other prize expenses not specified herein shall be the sole responsibility of prizewinner including, without limitation, transportation, delivery, processing and handling fees, gratuities, and/or personal purchases. Several appointment options will be available for the prizewinner to choose from. The appointment date window will fall between November 11, 2020 through January 31, 2020. If the potential prizewinner does not make an appointment with Sponsor before November 15, 2020, and redeem their grooming package during the appointment date window, then such potential prizewinner shall forfeit the prize in its entirety. The prize winner will not receive cash or any other form of compensation if actual costs are less than the estimate made in these Official Rules. No interest will be awarded on cash prizes. The prize restrictions/conditions stated herein are not all-inclusive and the prize described above may be subject to additional restrictions/conditions, which may be stated as below. In the event the Grand Prize winner engages in behavior that, as determined by Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person or their pet, Sponsor reserves the right to terminate services early, in whole or in part.
7) GENERAL PRIZE CONDITIONS. Prize will be awarded only if the potential winner fully complies with these Official Rules. All costs, including federal, state and local taxes, travel, meals, insurance, and other expenses not specifically identified as included in the prize, are the sole responsibility of the winner. No transfer, assignment, cash redemption or substitution of prizes (or portion of prize) except by Sponsor due to prize unavailability and then for a prize (or applicable portion of prize) of equal or greater value as determined by Sponsor. Prize will only be given at physical address of Sponsor, as defined above. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion.
8) RULES GOVERNING POTENTIAL WINNERS: The potential Winning Contestant will be notified by a private direct message through Instagram following Sponsor's determination of winner. Winning Contestant must respond within 7 days of attempted communication. Winners may be required to execute and return an Affidavit of Eligibility, Liability/Publicity Release within seven (7) days following the date of attempted notification. If a selected winner cannot be contacted, is ineligible, fails to claim a prize, and/or fails to return any Affidavit of Eligibility and Liability/Publicity Release (if required), within the applicable time period, Sponsor may elect to disqualify the selected winner, who will then forfeit his or her right to receive the Prize Package. By accepting a prize, the Winning Contestant agrees that Sponsor may, without any limitation or further compensation, use his or her name, screen name, voice and/or likeness in any and all media for the purpose of advertising and promoting the Website, the Contest, the Program or any other promotion, contest or Contest sponsored by the Promotion Entities.
9) DATES & DEADLINES / ANTICIPATED NUMBER OF CONTESTANTS. Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of Contestants who will participate in the Contest.
10) LICENSE. By entering your Submission in to the Contest, you acknowledge and agree that Sponsor shall have a right to (a) exploit the Submission throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised for the promotion of the Contest and (b) edit, composite, morph, scan, duplicate, or alter, the Submission(s) for the promotion of the Contest. Notwithstanding the foregoing, Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof.
11) REPRESENTATIONS AND WARRANTIES / INDEMNIFICATION. Each person who enters this Contest represents and warrants to Sponsor as follows: (i) the Submission is of the entrant’s own dog (ii) the Submission as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (iv) the Submission does not and will not violate any applicable laws, and meets the Submission Requirements set forth above. Each entrant hereby agrees to indemnify and hold the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
12) NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Contest does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or materials may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Promotion Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Promotion Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief, and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
3) FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefor.
14) PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in or winner of the Contest, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, biographical information and Submission in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with the the Website or the Contest or other promotions, and hereby release the Promotion Entities from any liability with respect thereto.
15) IMPORTANT. PLEASE READ - GENERAL RELEASE AND LIMITATIONS ON LIABILITY. By entering the Contest, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. Each entrant acknowledges and agrees that the Promotion Entities, Instagram, Inc., Facebook, Inc., are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected or illegible entries or for failure to receive entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with Sponsor, or otherwise, that may limit an entrant’s ability to participate in the Contest; (ii) any injury or damage resulting from participation in the Contest and/or the use of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the entrant’s rights of publicity or privacy, or the entrant’s claim that he or she has somehow been defamed or portrayed in a false light. Promotion Entities assume no responsibility for any damage to an entrant’s computer system which is occasioned by accessing the Website or participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
16) GOVERNING LAW. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST OR IN CONNECTION WITH ANY DESIGN SUBMISSION OR OTHER MATERIAL SUBMITTED 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 OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN.
17) LIST OF WINNERS: The name of the winner of this Contest will be posted on the Instagram once such winner has been selected.
MISCELLANEOUS: This Contest is in no way sponsored, endorsed or administered by, or otherwise associated with Instagram, Inc. You understand that you are providing your information to Sponsor and not to Instagram.