Last updated on 2022.08.02
TABLE OF CONTENTS
THESE RULES GOVERN WHAT CLAIMS YOU CAN BRING, WHAT DAMAGES YOU CAN CLAIM, AND HOW DISPUTES BETWEEN YOU AND THE COMPETITION ENTITIES RELATING TO YOUR PARTICIPATION AS A REGISTRANT, VOTER, OR WINNER (COLLECTIVELY, A “PARTICIPANT”) IN THE COMPETITION WILL BE RESOLVED. THE SECTIONS OF THESE RULES TITLED “WAIVER AND LIMITATIONS OF LIABILITY” AND “DISPUTE RESOLUTION” EXPLAIN WHAT CLAIMS YOU ARE WAIVING, WHAT DAMAGES YOU CAN CLAIM, AND CONTAIN AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION, WHICH STATES THAT YOU AND THE COMPETITION ENTITIES (EACH A “PARTY” AND, COLLECTIVELY, THE “PARTIES”) MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER, OR OTHERWISE ON BEHALF OF OTHERS, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
PLEASE NOTE THAT THE DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY, AND GOVERNING LAW, WAIVER AND DISPUTE RESOLUTION SECTIONS CONTAIN IMPORTANT LIMITATIONS ON OUR LIABILITY AND OUR AGREEMENT TO ARBITRATE FOLLOWING THE LAWS OF ARIZONA ONLY.
It is not necessary for individuals registering to compete (each an “Entrant” and collectively, “Entrants”) to pay an entry fee, cast a vote, or tender payment of any kind to enter this competition (the “Competition”). Competition entry open only to pets legally owned by individuals that meet applicable age requirements at the time of entry (“Eligible Entry Age”). Further eligibility restrictions are listed below.
It is not necessary for individuals submitting votes (each a "Voter" and collectively, "Voters") to pay to cast a vote, although a Voter may choose to do so if they wish to vote more than once per day during the Competition. Void where prohibited or otherwise restricted by applicable law. Purchasing of votes limited to those individuals who are eighteen (18) years or older.
ALL DATES SET FORTH IN THESE OFFICIAL RULES ARE APPROXIMATE. OPERATOR RESERVES THE RIGHT TO EXTEND ANY DEADLINES. ALL ENTRIES AND ANY OTHER MATERIALS SUBMITTED (INCLUDING BUT NOT LIMITED TO SUBMITTED PHOTOGRAPHS) BECOME THE SOLE PROPERTY OF OPERATOR AND WILL NOT BE RETURNED OR ACKNOWLEDGED. INVALID, FALSE, OR DECEPTIVE ENTRIES, VOTES, OR PROFILES SHALL RENDER THOSE ENTRIES, VOTES, OR PROFILES INELIGIBLE.
America's Favorite Pet, LLC (the "Operator") operates the America's Favorite Pet - Animal Kingdom Competition and is solely responsible for its administration and for providing any applicable prize(s). Operator can be reached here.
ELIGIBILITY AND CONSENT
All pets must be legally owned by the Entrant/Competitor at the time of entry and throughout the duration of the Competition. Entrants must be individuals of Eligible Entry Age. Void where prohibited or otherwise restricted by applicable law. By entering a pet into the Competition, the Entrant/Competitor confirms that they are legally permitted to posses/own the pet and shall be responsible for ensuring that the Entrant/Competitor complies with any/all applicable laws and/or regulations pertaining to said possession and ownership, throughout the duration of the Competition.
Officers, directors, and/or employees of Operator and Operator’s parent companies, and any applicable charity/ies (collectively, the “Competition Entities”), along with their respective immediate family members (defined as spouse, parent, child, sibling) are ineligible to participate in the Competition as Competitors or Voters.
Operator reserves the right, in its sole and absolute discretion, to deem an Entrant or Competitor ineligible to enter or participate in the Competition, at any time and for any reason whatsoever, including due to the Entrant or Competitor's inability to fulfill any obligation(s) as a Competitor or Winner (as defined below), as required by Operator and these Rules. By entering the Competition, Entrants/Competitors agree to Operator’s use of their name, biographical information, and Submitted Photographs, for both online and offline direct marketing purposes in connection with the Competition.
HOW TO ENTER
To enter, visit americasfavpet.com (the “Website”) to complete and submit your official entry form. You must provide all information requested, including, at a minimum, the requisite number of photographs that conform to the specifications required by the following Competition photograph guidelines (the “Submitted Photographs”), using the upload tool and instructions provided. Entrants are required to submit no less than one (1) photograph of their pet and/or the Entrant and their pet. The pet must appear in all Submitted Photographs. Entry limited to those pets legally owned by the Entrant/Competitor at the time of entry and throughout the duration of the Competition. Pursuant to the Eligibility and Consent section of these Rules, Entrants are obligated to ensure that possession/ownership of the pet is permitted in their respective jurisdiction.
Submitted Photographs must not infringe or violate any right of any third party or entity, including but not limited to copyright, right of publicity, and right of privacy. Please check with the photographer and anyone appearing in the photographs, to make sure that you have the rights to submit the photographs. Submitted photos should not contain obscene or otherwise offensive content. The determination of whether any image exhibits obscene or offensive content is at the sole discretion of Operator. False, deceptive, or incomplete entries or information provided by Entrants or Competitors at any point relating to the Competition may render the entry ineligible, regardless of when the problem is discovered.
Upon submitting an entry form, Entrant agrees that Operator may contact the Entrant/Competitor, including via auto-dialer, email message, or text message, for any purpose relating to the Competition, including to request resubmission of one or more of the Submitted Photographs and/or to request that the Entrant submit additional images (“Additional Photographs”). Entrants/Competitors may contact Operator or reply “STOP”, to withdraw consent to be contacted via auto-dialer, email message, or text message, at any time. While Entrants may have assistance in entering data and uploading the Submitted Photographs, Entrants must otherwise complete the entry forms themselves. As set forth in greater detail below, submission of photographs and entry in the Competition constitutes consent to the use of the Submitted Photographs on the Website and digital apps, and otherwise in connection with Operator, the Competition, and its affiliated Competition partner brands, and in any and all media now known or hereafter discovered, for the full duration of the copyright in the applicable Submitted Photographs. By entering this Competition, Entrant represents and warrants that they are of Eligible Entry Age and own or control all necessary rights to the pet and in the Submitted Photographs to grant Operator the rights described herein.
Submission of a qualifying entry grants Operator and its representatives and agents the right to publish, use, adapt, edit, and/or modify such entry in any way, in any and all media, without limitation and without consideration to Entrant/Competitor. Submission of an entry further constitutes Entrant’s consent to irrevocably assign and transfer to Operator all rights, title, and interest in the entry, including, without limitation, all copyrights reserved.
Only one (1) entry per Entrant will be accepted; all subsequent entries will be disregarded, and any duplicates removed. Limit of one (1) pet per entry submission. Entrants may submit their entry forms and photographs using the above procedures anytime during the period between 08/02/2022 and 08/29/2022 (the “Entry Period”). After entering the Competition, the Submitted Photographs may be placed on the Website, where they may be viewed by visitors to the Website. Entrants/Competitors may be requested to submit Additional Photographs for publication on the Website, so long as such images do not display offensive content, are not obscene (as determined in the sole discretion of Operator), and do not infringe upon the rights of any person or entity, including but not limited to copyright, right of publicity, and right of privacy.
UPON ENTRY TO THE COMPETITION, COMPETITORS SHALL BE PROHIBITED FROM CASTING VOTES FOR THEIR OWN PET (EITHER FREE OR PAID VOTES).
HOW TO VOTE
COMPETITORS ARE NOT PERMITTED TO PURCHASE VOTES FOR THEMSELVES. COMPETITORS ARE PROHIBITED FROM CASTING VOTES (EITHER FREE OR PAID) FOR THEMSELVES. COMPETITORS CAUGHT PURCHASING VOTES, OR CASTING VOTES, FOR THEMSELVES MAY BE SUBJECT TO DISQUALIFICATION. THE USE OF A COMPETITOR'S PAYMENT METHOD(S) (PERSONAL, BUSINESS, ETC.) OR FUNDS, TO PURCHASE VOTES TO CAST FOR THAT COMPETITOR IS PROHIBITED. All Voters purchasing votes must be at least eighteen (18) years or older on the date that their votes are purchased/cast.
The winning Competitor(s) of each round of the Competition will be determined based upon the number of Qualifying Votes received, with those receiving the highest number of Qualifying Votes deemed the winner(s) of that round. “Bot” activity or any kind of robotic or automated voting mechanism is not an accepted form of voting and such votes will not be counted, if discovered. If this type of false voting is detected, the individual, associated IP address, email address, and mobile phone number will be banned from voting. At its sole discretion, Operator reserves the right to disqualify Competitors suspected in encouraging, soliciting, or otherwise knowingly participating in this type of activity, or any other voting activity Operator deems unfair. Operator reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry or voting process, or the operation of the Competition, in any way.
OPERATOR WILL SELECT, IN ITS SOLE, ABSOLUTE, AND COMPLETE DISCRETION, WHICH ENTRANTS WILL PARTICIPATE IN THE COMPETITION. Selected Entrants will be divided into groups and advance to the initial public voting round. Subsequent public voting rounds (individually a "Round" and, collectively, the “Rounds”) will progressively reduce the number of Entrants. Public voting begins August 22, 2022.
NOTIFICATION TO COMPETITORS
Advancing Competitors for each Round and the Grand Prize Winner will be notified by email, telephone, or other means reasonably calculated to provide notice, including but not limited to via auto-dialer, email message, or text message. Entrants/Competitors consent to a background check that may be performed, at the sole discretion of Operator, to verify information provided by Entrants/Competitors and compliance with these Rules, or for other reasons related to the Competition. If you are selected as the Grand Prize Winner, your information may also be included on the Website and/or on a publicly available “Winners List”.
The one (1) verified Grand Prize Winner in this Competition will receive a prize package valued at an approximate maximum retail equivalent of $24,000.00, comprised of (a) a $10,000 (cash) honorarium; and (b) the $14,000.00 estimated value of their pet being photographed to be featured in a minimum two-page (2-page) feature spread in In-Touch Weekly magazine (holiday edition) (the “Grand Prize”). The Grand Prize Winner may refer to their pet as "America's Favorite Pet" or the “America's Favorite Pet Winner” in written and/or descriptive materials, but only if such use(s) and display(s) is/are purely non-commercial and in no event suggest or create any confusion whatsoever that Operator or In-Touch Weekly magazine are endorsing or participating in any manner related to the use of their name, logos, or fonts.
The Grand Prize Winner's pet will be photographed exclusively by an America's Favorite Pet-designated photographer. The Grand Prize Winner must be available for the photo shoot within twenty-one (21) days of the conclusions of the Competition, with specific dates to be determined by Operator. If the Grand Prize Winner is not available for the photo shoot for any reason, including due to death or incapacitation of the Grand Prize Winner or their pet, Operator may select an alternate winner (“Alternate Winner”) by determining the Competitor with the second-highest number of votes received in the Finals (as defined below), and the Grand Prize will be transferred to the Alternate Winner. Winnings/Prize(s) will be provided only after receiving all necessary documentation in compliance with Competition eligibility and successful completion of feature photography at Operator's designated location.
The Grand Prize Winner will be announced on the Website. By agreeing to appear as the winner of the Competition, the Grand Prize Winner consents to the use of their name/their pet's name, photos/videos (including the photo shoot, filming, interview, etc.), and/or likenesses for advertising and trade purposes in connection with the America's Favorite Pet brand, including without limitation, the America's Favorite Pet - Animal Kingdom Competition and in print and digital materials in the United States and any countries where the America's Favorite Pet brands exist, in any and all media known or hereinafter discovered, without territorial or time limitations and without additional compensation, except where prohibited. In the event there is an occurrence beyond Operator’s control, including but not limited to a force majeure, or act of nature, etc., Operator may elect, in its sole discretion, to offer a cash equivalency for any portion of the Grand Prize, in substitution for the current Grand Prize as described herein in this Section. By accepting the prize package or money, the Grand Prize Winner acknowledges compliance with these Rules. To the extent that any United States federal and/or state income or other taxes apply to the value of the prize(s) and/or award(s) provided to the Grand Prize Winner, the Grand Prize Winner shall be solely responsible for the reporting and payment of such taxes.
Operator reserves the right in its sole and absolute discretion to conduct additional promotions during the Competition (each, if any, an “Ancillary Promotion”, and collectively, the “Ancillary Promotions”). Ancillary Promotions, if any, may be conducted in a manner that may or may not be related to elements of the Competition.
Prior to conducting, and throughout the duration of, any such Ancillary Promotion, Operator will provide the following information about any such Ancillary Promotion:
Examples of Ancillary Promotions may include, but are not limited to promotions related to incentivizing individuals to enter the Competition or vote for Entrants in the Competition during a designated period. In addition to any specific Ancillary Promotion Rules, these Rules, to the extent applicable, shall govern the Ancillary Promotions.
REQUIREMENTS AND CONSENT OF WINNER(S)
Any potential Grand Prize or Ancillary Promotion Winner (“Potential Winner”) will be required to execute an affidavit of eligibility, a liability/publicity release, Entrant release, and other documents (“Prize Claim Documents”). If any Potential Winner fails or refuses to sign and return all Prize Claim Documents within fourteen (14) days of the delivery of prize notification(s), the Potential Winner may be disqualified, and an Alternate Winner may be determined/selected. If you are selected as a Grand Prize Winner, Alternate Winner, or Ancillary Promotion Winner, you consent to your information being included in a publicly available “Winner’s List”. Except where prohibited, acceptance of a prize constitutes the Winner’s irrevocable consent to Operator, its agents, successors, and assigns or other designee's use of the Winner’s name, likeness, photograph, voice, statement, opinions, biographical information, prize and/or state/city of residence for advertising, promotional and publicity purposes in any and all media or format, worldwide, in perpetuity, without any permission, notification, payment or consideration, except for the awarding of the prizes to the Winner. Operator is not responsible for any failure to notify Operator of any change in address of Entrant(s) or Voter(s). By accepting a prize, the Winner agrees to maintain their behavior in accordance with all applicable laws and generally accepted social practices while participating in any Competition activity, including but not limited to participation in or use of a prize. The Winner understands and further agrees that Operator has the right, in its sole discretion, to disqualify and remove the Winner from any activity at any time, if Operator determines that the Winner’s behavior at any point is disruptive or inappropriate or may or does cause damage to person, property, or the reputation of Operator, or otherwise violates the policies of the prize providers.
WAIVER AND LIMITATIONS OF LIABILITY
PARTICIPANTS (TO INCLUDE ENTRANTS, COMPETITORS, VOTERS, AND WINNERS) AGREE THAT, IN NO EVENT, SHALL OPERATOR, PROMOTION ENTITIES, APPLICABLE CHARITIES, COMPETITION SPONSORS, OR ANY PRIZE PROVIDER (COLLECTIVELY THE “COMPETITION ENTITIES”), WHICH INCLUDES THE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS OF EACH, BE LIABLE OR OBLIGATED TO AN ENTRANT, VOTER, WINNER, OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND IN ANY WAY RELATED TO THE COMPETITION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, ATTORNEYS’ FEES AND ARBITRATION COSTS. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.
PARTICIPANTS FURTHER AGREE THAT ALL DECISIONS OF OPERATOR SHALL BE FINAL AND CONCLUSIVE ON ALL MATTERS RELATING TO THE COMPETITION AND THAT THE COMPETITION ENTITIES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ENTRY INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTION, FAILURES, OMISSION, INTERRUPTION, DELETION, OR DEFECT OF ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEMS, COMPUTER EQUIPMENT, SERVERS, ACCESS PROVIDERS, OR SOFTWARE, INCLUDING ANY INJURY OR DAMAGE TO PARTICIPANTS OR ANY OTHER PERSONS’ COMPUTER RELATING TO OR RESULTING FROM PARTICIPATION IN THIS COMPETITION, INABILITY TO ACCESS THE ENTRY WEBSITE OR ANY PAGES THEREOF, THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF ENTRIES, ENTRY SUBMISSIONS THAT ARE PROCESSED LATE OR INCORRECTLY OR ARE INCOMPLETE, GARBLED, OR LOST DUE TO COMPUTER OR ELECTRONIC MALFUNCTION OR TRAFFIC CONGESTION ON THE INTERNET OR ANY WEBSITE. PROOF OF ENTERING INFORMATION ON THE WEBSITE IS NOT CONSIDERED PROOF OF DELIVERY OR RECEIPT.
Participants acknowledge and agree that Operator does not monitor for offsite activity and is in no way responsible for managing or controlling off-site activity via social media and/or other third-party platforms, including but not limited to negative and disparaging correspondence between Entrants, Competitors and Voters, offsite vote incentives, misleading or deceptive promotional tactics, or any other behaviors considered to be misleading or unsportsmanlike.
Claims shall be heard by a single arbitrator. The place of arbitration shall be Phoenix, Arizona, unless otherwise agreed to by the Parties, or is determined by the arbitrator that the arbitration proceed virtually (by videoconference). The arbitration shall be governed by the laws of the State of Arizona. Each Party will, upon written request of the other Party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. Hearings will take place pursuant to the standard procedures of the Consumer Arbitration Rules, although the Parties can appear in person, by video, or telephonically. The standard provisions of the Consumer Arbitration Rules shall apply. The arbitrator will only have the authority to grant any remedy, relief, or outcome that the parties could have received in court, except injunctive relief. If either Party in a suit seeks injunctive relief, the arbitrator will complete arbitration of the dispute, issue an award of monetary compensation (if any), and then the party seeking injunctive relief may file a new action in state or federal court in Maricopa County, Arizona, solely for injunctive relief. The findings of fact and conclusions of law of the arbitrator shall not be submitted as evidence or constitute precedent in this subsequent suit. In addition, the prevailing Party will be entitled to recover its attorneys’ fees and arbitration costs. Except as may be required by law, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder, without the prior written consent of both Parties.
If any part of this arbitration provision is deemed to be invalid or unenforceable, then the remainder of this arbitration provision shall remain in full force and effect and shall be construed in accordance with its terms as if the invalid or unenforceable provision were not contained herein.
If for any reason the Competition and/or any Round of the Competition cannot be executed as set forth in these Rules, including but not limited to, as a result of acts of God, acts of war, natural disasters, weather, pandemic or epidemic illness, disease, acts of terrorism, computer virus, tampering, unauthorized intervention, fraud, technical failures, or other factors that may corrupt or affect the security, administration, fairness, integrity or proper conduct of the Competition, and/or if the Competition is compromised or becomes technically corrupted in any way, electronically or otherwise, Operator reserves the right to cancel, terminate, suspend, and/or modify the Competition and/or any Round of the Competition with or without prior notice, and Operator shall not in any way be responsible or liable for any such cancellation, termination, suspension, and/or modification of the Competition and/or any phase of the Competition. Further, if the Competition is terminated before the original end date, Operator reserves the right, in its sole discretion to modify the procedure for selecting the Winner(s), unless the nature of the event giving rise to such termination renders it impossible to select the Winner(s).
COMPETITION WITHDRAWAL REQUEST
By participating in the Competition as Competitor or casting free and/or paid votes as a Voter, you understand that a Competitor withdrawal request or request for removal from the Competition can take up to forty-eight (48) hours to be processed and that a profile may still remain active during this length of time. Voters and Competitors both acknowledge and agree that no refunds will be given upon a Competitor’s request for removal from the Competition. As such, Operator does not encourage withdrawal or voluntary removal from the Competition, as this does a disservice to Voters. By voting, you understand and acknowledge that no refunds will be offered should a Competitor be eliminated, disqualified, or willingly withdraw from the Competition. Voters acknowledge that there are no exceptions to this policy.
NO REFUND POLICY
Since the Competition will be decided based upon votes the public casts, there are no refunds once a vote is cast. As a Voter, you are responsible for understanding this policy. To maintain the integrity of the Competition, there will be no exceptions to this policy.
All vote purchases are immediately final and non-refundable. By making a purchase, you acknowledge you have read and agreed to the Competition's "No Refund Policy", as written in herein.
BY PURCHASING AND CASTING PAID VOTES IN THE COMPETITION AS A VOTER, YOU ACKNOWLEDGE THAT YOU ARE NOT MAKING ANY DONATION TO CHARITY. PURCHASING VOTES DOES NOT QUALIFY AS A DONATION TO CHARITY. VOTE PURCHASES ARE NOT TAX DEDUCTIBLE. OPERATOR ALONE IS MAKING A DONATION OF COMPETITION NET PROCEEDS TO CHARITY.
At the end of the Competition, Operator will donate twenty-five percent (25%) of net proceeds earned from votes purchased to The Progressive Animal Welfare Society (PAWS), an organization whose mission is to help cats, dogs, and wild animals thrive in happy, healthy homes or in their natural habitats.
If you have any questions or comments about the Competition as outlined above, or would like to request the name of the Grand Prize Winner, please contact Operator here.
This Competition is not in any manner sponsored, endorsed, or administered by, or associated with, Facebook or Instagram, and is operated solely by America's Favorite Pet, LLC.