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Hugo Challenge (the “Contest”) is a two-part online promotion that will involve both judging by BarkBox representatives and voting by the public to determine the Contest winners. In order to participate in the Contest, members of the public must submit ideas, concepts, project budget, timeline, images, designs, and/or other materials and information, as described in detail below (collectively, the “Application”) to BarkBox in accordance with the terms and conditions specified herein (such persons becoming “Participants”).
BY PARTICIPATING IN THE CONTEST, YOU BECOME A PARTICIPANT AND AGREE TO BOTH BARKBOX’S TERMS. IN ADDITION, YOU UNDERSTAND AND AGREE THAT YOUR APPLICATION AND THE PERSONAL INFORMATION COLLECTED FROM YOU MAY BE STORED BY BARKBOX AND THAT YOU MAY BE CONTACTED IN CONNECTION WITH THE CONTEST BY BARKBOX OR ANY OTHER ENTITY INVOLVED IN THE CONTEST. PARTICIPATION IN THE CONTEST CONSTITUTES PARTICIPANT’S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE OFFICIAL RULES AND REGULATIONS (“OFFICIAL RULES”).
1. Eligibility. The Contest is open to legal residents of the 48 contiguous United States and the District of Columbia, who are eighteen (18) years of age or older (nineteen (19) years of age or older if a resident of Alabama or Nebraska) as of the beginning of the “Contest Period” (defined below), and all Participants and voters in the Contest must meet these residency and age requirements. Employees of BarkBox; their
respective subsidiaries; their respective advertising, promotion, fulfillment, or other coordinating agencies; (collectively, the “Contest Entities”) and their respective immediate family members and persons living in their same household, whether related or not; are not eligible to submit an Application, become a Participant, or vote on the Finalists. Although Contest Entities may use mechanisms to verify the eligibility of Participants, voters, and “Winners” (defined below), Contest Entities are under no obligation to verify the eligibility of any particular Participant, voter, or Winner or to take any corrective action as a result of such verification of eligibility. The Contest is void in Alaska, Hawaii, and where restricted or prohibited by law.
2. Contest Period. The opportunity to participate in the Contest begins at 12:00 PM PT on October 10th, 2012 (the first date and time Applications may be submitted) and ends at 12:00 PM PT on November 23rd, 2012 (the last date and time Applications may receive votes) (the “Contest Period”). As set forth below, the Contest Period includes one period when Applications can be submitted (the “Application Period”), followed by a second period when the “Judges” (defined below) select “Finalists” (as detailed below), and then followed by a third period when eligible members of the general public (as described in Section 1, above) can vote on certain Applications submitted during the Application Period and judged to be Contest Selections (the “Voting Period”).
The Application Period begins at 12:00 PM PT on October 10th, 2012 and ends at 12:00 PM PT on November 23rd, 2012. The Voting Period begins at 12:00 PM PT on November 26, 2012 and ends at 12:00 PM PT on December 14th, 2012.
3. Prize. Subject to terms and conditions described herein, the Participant that submitted the Application receiving the greatest number of valid votes at the end of the Voting Period (“Winner”) will be awarded the following prize(s) (the “Prize”): subject to terms and conditions described herein, the individual or organization identified in the Winner’s Application (the “Winner”) will receive a grant in the amount of ten thousand dollars ($10,000) (the “Grant”).
The Winner will be announced by the Contest Entities on or before January 1, 2013 via the Site. After the Voting Period, the Winner will be notified by e-mail, as described in these Official Rules, and required to complete and return certain winner documents, as described in Sections 8 and 11 below.
Failure to respond to the initial e-mail notification within three (3) days, to return any requested winner documents within fourteen (14) days, or to otherwise follow the terms and conditions of these Official Rules may cause the Contest Entities to disqualify a Winner and associated Winning Organization (with the Winner forfeiting the Prize and the Winning Organization forfeiting any Grant). The Contest Entities may also at any time disqualify a Winner if Contest Entities determine, in their sole and absolute discretion, that the relevant Application contains materially untrue or misleading information or omits materially relevant information, or that the Winner or Winning Organization has benefited from improper or fraudulent voting.
If the Contest Entities disqualify a Winner, the Contest Entities shall have no
further liability to that Winner or to otherwise award the Prize or the Grant.
Contest Parties may, at their sole discretion, choose an alternate Winner based
upon the same criteria used during the Contest.
4. How to Submit an Application. During the Application Period, go to the Site and follow the directions to submit an Application to become a participant in the Contest (“Participant”). The text and any supporting material in an Application may not exceed the Site’s technical capabilities for accepting Applications, so please carefully follow the instructions and restrictions noted on the Site.
Applications and become Participants, but Applications may describe experiences or events that involve groups or organizations.
To be eligible for consideration for posting to the Site for voting, an Application must
(i) be submitted through the Site by the end of the Application Period; and (ii) comply with these Official Rules. There is a limit of one (1) Application per Participant during the Contest Period.
All Applications are subject to review for compliance with these Official Rules; however, such review does not relieve Participant from responsibility for compliance with these Official Rules, and Participant will have sole liability for all third party claims relating to or regarding the content of the Application. Participants and Applications that do not comply with these Official Rules or that otherwise contain prohibited or inappropriate content as determined by the Contest Entities in their sole and absolute discretion may be disqualified at any time.
5. Application Content Guidelines.
• be in English;
• tell an idea that enhances the quality of dog’s lives or supports saving of dog’s lives;
• is an idea that can be shown to be implemented and documented under the budget of $10,000.
Applications MUST NOT:
• suggest legalization of any illegal drugs/activity, prostitution or pornography, or other illegal activities or BarkBoxs;
• challenge, lobby for, or seek to change current laws, enact any new laws, or overthrow any government;
• be inconsistent with these Official Rules;
• suggest or encourage the taking up of arms against any person, government, or entity;
• discriminate against, disparage, or denigrate on the basis of race, ancestry, place of origin, color, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offenses, marital status, family status, physical or mental disability, language, or any other ground prohibited by applicable legislation;
• disparage or denigrate a product, service, person, company, or organization including, but not limited to, Barkbox, or any other Contest Entity;
• encourage the cessation of or act to negatively impact a business or enterprise;
• promote alcohol, illegal drugs or activity, tobacco, firearms/weapons, prostitution, or pornography;
• contain any profanities, be overtly sexual, suggest an intent to abuse or contain suggestions of violence;
• involve religious advocacy or proselytizing, defined as acts and intentions to advance a religious denomination or expand membership or encourage conversion;
• involve political advocacy such as acts and intentions to advance a particular political party or candidate or to support lobbying for any particular party, candidate, and/or cause, or to expand membership or to encourage membership for a particular political party, candidate, or lobbying effort;
• describe a project that directly or principally benefits the Participant or any other specific individual (as opposed to the identified community as a whole);
• describe a project with a purpose of re-granting potential Grant funds to another organization(s);
• feature any third party commercial products and/or company trademarks, logos, brands, or endorsements (including but not limited to third party logos on street scenes, panoramic views, vehicle license plates, or clothing, such as t-shirts or hats); an Application may contain the name and trademark of an organization to be benefited by a Prize or Grant, provided prior permission has been obtained from suchorganization;
• use individuals’ names, in whole or in part, without permission;
• contain materials embodying the names, likenesses, photographs, or other identifying elements of any person, living or dead, without permission; or
• contain scenes depicting or describing animals in unsafe conditions or exemplify irresponsible pet ownership.
Applications must: (i) be original and of Participant’s own creation, and (ii) not violate the intellectual property or proprietary rights of other parties.
Once submitted, an Application will not be returned. The Contest Entities may, in their sole and absolute discretion, reject, refuse, remove, delete, and/or disqualify or disallow any Application they deem inappropriate or otherwise non-compliant with these Official Rules. If the Contest Entities, at any time during the Contest Period, receive a complaint (including but not limited to a cease-and-desist letter, general letter of complaint, etc.) alleging intellectual property infringement in a Participant’s Application, the Contest Entities, in their sole and absolute discretion, reserve the right to remove such Application from the Site and disqualify the Application without prior notice to Participant.
6. Judging. During the Judging Period, a panel of judges made up of staff members of the Contest Entities (the“Judges”), in their sole and absolute discretion, will select up to one hundred (100) Applications (the “ContestSelections”) for posting to the Site for voting (described below).
The Finalists will be selected based upon qualities such as originality, creativity, emotional appeal, inspirational storytelling, ability to be realistically completed within 3 months and in the budget of $10,000 and compatibility with the values of the Contest Entities, as well as adherence to these Official Rules and other criteria the Judges may, in
their sole and absolute discretion, find necessary to establish for the administration of the Contest. The Judges, in their sole and absolute discretion, reserve the right to select less than one hundred (100) Contest Selections for posting to the Site. All Contest Selections will be posted to the Site for voting at the beginning of the Voting Period.
8. Finalist Selection. Eight (8) Finalists will be chosen by BarkBox representatives based on challenge guidelines, rules and regulations.
8. Winner Voting. Individuals who wish to vote for one (1) of the Contest Selections will be required to meet the eligibility requirements listed above in Section 1 and will be required to follow the directions on the Site in order to place a vote. The Contest Entities may share with certain entities involved in administrating or verifying the results of the Contest the e-mail addresses and user information of individuals who vote in the Contest, so that such entities may assist the Contest Entities in administrating or verifying the integrity of the Contest. If the Contest Entities determine, in their sole and absolute discretion, that any Participant or voter has not complied with these Official Rules in any way, the Contest Entities reserve the right to disqualify any Application(s) or vote(s) that such Participant or voter has submitted and disallow any further participation or voting by such Participant or voter in the Contest.
The Participant with the highest number of valid votes will be deemed a potential Winner. If there is a tie among the Applications after the Voting Period has ended, the Contest Entities, in their sole and absolute discretion, will review the tied Applications and will break the tie based on the Application that first in time received the highest number of votes during the Voting Period. It is possible that two (2) or more Participants will submit Applications that may contain the same or similar content. Notwithstanding this, a Winner will be determined solely by the number of votes cast for each Application as set forth herein. The Contest Entities are under no obligation to review or consider the similarity of other Applications in determining whether or not to accept an Application or post a Contest Selection. The Contest Entities’ decisions, in their sole and absolute discretion, are final and binding in all matters relating to the Contest.
The Contest Entities will require a potential a Winner to complete a prize agreement (“Prize Agreement”) and the associated Winning Organization to complete a grant agreement (“Grant Agreement”), as well as other Winner documents confirming Contest eligibility and agreement to be bound by these Official Rules, as a condition to receiving any Prize or Grant and to avoid disqualification as a Winner or Winning . No substitution of a Prize or Grant is offered, except at the sole and absolute discretion of the Contest Entities. Any Grant is non-transferable. The Contest Entities are not responsible for a lost or stolen Prize or Grant.
9. Taxes. There may be some tax implications for the Winner and the Winning Organization. The Contest Entities recommend that the Winner or the Winning Organization each consult with their legal/tax advisor to determine their
potential tax liability, if any, in connection with receiving a Prize or Grant as part of the Contest. If there is any tax liability, it will be the sole responsibility of the Winner receiving the Prize or the associated Winning Organization receiving a Grant.
10. Grant of Rights to BarkBox. Submission of an Application constitutes Participant’s certification that the Application is Participant’s own original work and Participant represents and warrants that the Application does not and will not infringe the intellectual property or proprietary rights of any third party, including, without limitation, any third party patents, copyrights, or trademarks. By submitting an Application, Participant hereby grants the Contest Entities and their respective successors and assigns an irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers), and transferable license to use, copy, transmit, or otherwise distribute, perform, modify, create derivative works based upon, incorporate into other works, publicly perform, and display the Application or any portion thereof, in or through any medium, whether now known or hereafter created. Nothing herein will constitute an employment, joint venture, or partnership relationship between Participant and any Contest Entity. Participant also irrevocably grants each Contest Entity, where not prohibited by law, an irrevocable, perpetual, worldwide, royalty-free license to the right to use the name, voice, likeness, and biographical material of Participant or (if Participant is a group or organization) members of Participant, in any merchandising, advertising, marketing, promotion, or any other commercial or non-commercial purpose related to the Application and/or Contest or in any other way each Contest Entity deems appropriate. Participant acknowledges that Participant has no right of approval or consultation with respect to Contest Entities’ use of the Application.
APPLICATIONS POSTED TO THE SITE ARE NOT NECESSARILY EDITED BY THE CONTEST ENTITIES, ARE THE VIEWS OR OPINIONS OF THE RESPECTIVE PARTICIPANT, AND DO NOT NECESSARILY REFLECT THE VIEWS OR OPINIONS OF THE CONTEST ENTITIES IN ANY MANNER. Any waiver of any obligation hereunder by any Contest Entity does not constitute a general waiver of any obligation in favor of Participants.
11. Winner Documents. The Contest Entities will require documentation to be provided by the Winning Organization and Winner, including but not limited to the following documents:
1. a Grant Agreement completed by the Winning Organization, which may include details about any proposed project activities;
2. an Affidavit completed by the Winning Organization confirming the Winning Organization’s eligibility and adherence to these Official Rules;
3. an Affidavit and Winner Agreement confirming a Winner’s eligibility and adherence to these Official Rules; and
4. a Prize Agreement for any Prize to be given to a Winner.
The Contest Entities, in their sole and absolute discretion, may request additional information and documents other than as provided above in accordance with their standard practices and policies. The Winner and Winning Organization will be notified by email. Within three (3) days of e-mail notification, the Winner and Winning Organization must provide their address(es) and any other information requested. Winner and Winning Organization must, within fourteen (14) days of receipt, complete, sign, and return winner documents listed above, which will be sent to the address provided by each the Winner and the Winning Organization. If any required documents are not returned within the required period, or if any mail is returned as undeliverable mail without a forwarding address, any Grant and/or Prize may be forfeited in the Contest Entities’ sole and absolute discretion, and the Contest Entities will not have any further responsibility to such Winner or Winning Organization in connection with the Contest. If a Winner is disqualified, then the Winning Organization associated with the disqualified Winner will also be disqualified, and similarly, if a Winning Organization is disqualified, then the Winner associated with the disqualified Organization will also be disqualified.
If a Winner is unwilling or unable to sign any document listed above or to provide any item set forth in any document listed above, then the Contest Entities may void that Winner’s eligibility as a Winner (with such Winner forfeiting any Prize) and void the associated Winning Organization’s eligibility as a Winning Organization (with such Winner forfeiting any Grant), and the Contest Entities will not have any further obligation to that Winner or Winning Organization or to otherwise award any Grant or Prize. If the Contest Entities determine, in their sole and absolute discretion, that a Winner or Winning Organization has misused a Grant, the Contest Entities will report to the Internal Revenue Service (IRS) the amount of funds provided to that Winner and the IRS may deem those funds as taxable income to that Winner or Winning Organization.
12. General Conditions. In the event of a dispute regarding who submitted an Application, the Application will be deemed submitted by the authorized account holder of the e-mail account specified in the Application. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. It is the sole responsibility of the Participant to notify the Contest Entities in writing if the Participant changes his or her e-mail or postal address during the Contest Period.
By entering the Contest, Participants agree to be bound by these Official Rules. The Contest is offered by the Contest Entities, who are not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected, or undeliverable Applications, responses, or other correspondence, whether by e-mail, postal mail,or otherwise; (ii) theft, destruction, unauthorized access to, or alterations of Applications; or (iii) phone, electrical, network, computer, hardware, software program, or transmission malfunctions, failures, or difficulties.
By entering the Contest, Participants further agree to release, indemnify, defend and hold BarkBox, and any other Contest Entities, and their respective affiliates, subsidiaries, directors, officers, employees, shareholders, sponsors and agents, including advertising and promotion agencies, assigns, and any other organizations related to the Contest, harmless from any and all claims, injuries, damages, expenses, or losses to person or property and/or liabilities of any nature that in any way arise from participation in the Contest or acceptance or use of a Prize or Grant, or parts thereof, including, without limitation, (i) any condition caused by events beyond the control of the Contest Entities that may cause the Contest to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a Prize or Grant, or acceptance, possession, or use of a Prize or Grant, or from participation in the Contest; and (iii) any printing or typographical errors in any materials associated with the Contest. Winners agree to be bound by these Official Rules, and the Contest Entities’ decisions in all respects relative to the Contest are final.
IN NO EVENT WILL ANY CONTEST ENTITY BE LIABLE TO PARTICIPANTS, VOTERS, WINNERS, ANY WINNING Organization, OR PARTICIPATING ORGANIZATIONS, AS APPLICABLE, FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE CONTEST, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT ANY CONTEST ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
All Applications become property of the Contest Entities and none will be acknowledged or returned. Allow 6-8 weeks for delivery of any Prize or Grant. The Grant will be sent as a check to the address provided by the Winner/Winning Organization.
The Contest Entities reserve the right, in their sole discretion, to cancel, modify, or suspend the Contest, in whole or in part, in the event of fraud, technical or other difficulties, or if the integrity of the Contest is compromised, without liability to Participants, Winner, voters, or any Winning Organization. The Contest Entities reserve the right to disqualify any Participant, Winner, or Winning Organization in their sole and absolute discretion.
The Contest is subject to these Official Rules, and all applicable federal, state, provincial, and local laws and regulations apply. The Contest is void where prohibited or restricted by law. By participating in the Contest, Participants acknowledge that they have read these Official Rules and agree to abide by them and by the decisions of the Contest Entities, which are final and binding on all matters pertaining to the Contest. These Official Rules are governed by the law of the State of California, excluding rules governing choice of laws. Any action, suit, or case arising out of, or in connection with, the Contest or these Official Rules must be brought in either the federal or state courts located in Los Angeles County, California.
13. Winner’s List. For the name of the Winner or Winning Organization (available by emailing firstname.lastname@example.org) or a copy of these Official Rules, you may visit the Site or send your request and a stamped, self-addressed envelope to BarkBox, 50 Eldridge St., Floor 5, NY, NY 10002.
14. Contest Administrator: BarkBox, 50 Eldridge St., Floor 5, NY, NY 10002. Info@barkbox.com.
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