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Official Rules:
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY
KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. INTERNET
ACCESS IS REQUIRED TO ENTER.
The Diva Doggie Photo Contest ("Contest") Entry
period begins on or about 3:01 PM Pacific Time ("PST") on August 28,
2009 and ends on September 18, 2009 at 11:59 PM (PST) ("Contest Entry
Period").
Sponsor: D.O.G. Pet Boutique, Inc.ª, (10008 National
Blvd #148 Los Angeles, CA 90034).
Eligibility: Contest is open only to legal residents of the
fifty (50) United States and the District of Columbia who are 18 years of age
or older, own a dog and have online photo-uploading capabilities as of August
28, 2009. Employees (and their immediate families or persons residing in the
same household) of D.O.G. Pet Boutique, Inc. (the "Sponsor"), Prize
Partners, and their respective parent companies, affiliates, subsidiaries,
retailers, distributors, advertising and promotion agencies are not eligible to
enter. All federal, state and local laws and regulations apply. Contest is
governed by U.S. law. Void where prohibited by law. Participation in the
Contest constitutes contestants' full and unconditional agreement to these
Official Rules and the Sponsor's decisions, which are final and binding in all
matters relating to this Contest.
How to Enter: During the Contest Entry Period, visit
www.DOGPETBOUTIQUE.COM ("Website") and follow all Contest entry
instructions, including completing the online entry form in its entirety. See
below for photograph specifications.
All entries must contain a color photograph uploaded in
compliance with the Contest requirements, in JPG, GIF or PNG format with
picture dimensions no larger than 640 x 840 pixels and a file size not greater
than 150kb (150 kilobytes uncompressed). To qualify for the Contest, Entries
must be received within the Contest Entry Period. All entries must NOT contain
material that; (i) violates or infringes anotherÕs rights, including but not
limited to privacy, property, publicity or intellectual property rights, (ii)
constitutes copyright infringement, (iii) includes brand names, copyrighted
work or trademarks, other than SponsorÕs trademarks, logos and designs which
entrant has limited license to use for the sole purposes of submitting an entry
to this contest, (iv) contains any commercial content that promotes any product
or service other than SponsorÕs, (v) includes photos, artwork or writing not
created by entrant, (vi) is hateful, tortious, defamatory, slanderous or
libelous or promotes bigotry, racism, sexism, hatred or harm against any group
or individual in the sole discretion of Sponsor or, (vii) contains
inappropriate images or content, in the sole discretion of Sponsor, such as but
not limited to nudity. Entries that contain photographs that do not comply with
the specifications or any other requirements stated herein will be
automatically disqualified. All Entries become the property of Sponsor, and
none will be acknowledged or returned. Sponsor is not responsible for lost,
late, incomplete, invalid, unintelligible, or misdirected Entries. Further,
For purposes of these Official Rules, "receipt" of
an Entry occurs when the Contest's server records the Entry information
resulting from Contestant clicking the "Submit" button. Any automated
computer receipt (such as an email confirming the Entry) does not constitute
proof of actual receipt by Contest server for purposes of these Official Rules.
Entries are subject to all notices posted online including, but not limited to
the Sponsor's privacy policy, which is located at www.DOGPETBOUTIQUE.COM.
Limit: One (1) Entry per person/email address during the
competition entry period. Multiple entries from a single person will
automatically be disqualified.
Voting Process: All eligible entries received during the
competition entry period will be rated by popular public voting, which will be
final and binding in determining the potential winners.
Scoring system: Each
members profile will display a picture uploaded by the user and will be
eligible for voting. The rating
scale will be based on the question ÒHow Hot is this Diva Doggie?Ó The scoring
system is based on a rate scale of 1 (Not so Diva) though 10 (Extremely Diva).
The public voting process will take place as described
below. Votes will be accepted only during the designated voting period as
specified on the Website the voting process will consist of all eligible
entries being publicly voted upon by DOGPETBOUTIQUE.COM site visitors and
DOGPETBOUTIQUE.COM contest partner sites. To participate in public voting,
visit WWW.DOGPETBOUTIQUE.COM, Limit: Public voting is limited to one (1) vote
per IP address. Residents of Maine who are under the age of 18 are not
permitted to provide any personally identifiable information. Any individual
who, at the sole determination of the Sponsor, abuses the voting process in any
way, including without limitation by mass voting or generating votes by a
script, macro or use of automated devices, will be disqualified from further
voting in the Contest and his/her prior votes will be disqualified. The public
voting process will assign a score to each eligible video and the top five (5)
scores will be potential finalists (ÒFinalistsÓ).
Finalists: As the five Finalists are determined and
verified, the Finalists' Entries will be posted online at WWW.DOGPETBOUTIQUE.COM. The Finalist
that received the highest score from the public vote will be declared the Grand
Prize Winner with the next (4) highest scoring Finalists being declared
Runner-up Winners (the ÒWinnersÓ).
Ties: In the event of a tie for any Finalist or Winner
position, the tied Entries will be judged by D.O.G. Pet Boutique, Inc
representatives, utilizing a judging criteria that scores 50% on creativity,
25% on costume, and 25% on popularity. Any/all such determination(s) will be
final and binding.
PRIZES: One (1) Grand Prize:
One (1) Grand Prize Winner will receive up to $1,500.00 worth of pet related
merchandise/clothing including but not limited to: one (1) Wee Pet Loo by Pup
Pee Solutions, one (1) Diva Dolly Crystal Necklace by Gems4Paws, twelve (12)
Hair Bows by Hot Bows, one (1) Diva Pet Tag by Rockin Doggie, one (1) Designer
Dogleg Diner Bowl by Doca Pet, one (1) Diva Dress by Pooch Outfitters, one (1)
Perfume Collection set by Pepper and Tanky, one (1) Designer Retractable Leash
by 26 Bars and a Band, one(1) Furcedes Dog Bed by Haute Diggity Dog, one (1) VH1
Divas branded Bag, one (1) VH1 Divas branded t-shirt, plus various Divas cds to be determined. Other
merchandise, at SponsorÕs discretion, will be added to the prize package not to
exceed $325.(Approximate Retail Value (ÒARVÓ) $1,500.00). Final determinations
of merchandise will be in the sole discretion of Sponsor based on availability.
Any difference between ARV and actual retail value of merchandise, if any, will
not be received by winner in cash.
Four (4) Runner-Up Prize(s): Each Runner-Up will receive one
(1) $50 D.O.G. Pet Boutique Merchandise Gift Card, one (1) Diva Necklace by
Gems4Paws, one (1) Bottle of Perfume by Pepper and Tanky, one(1) pet tag by Rockin Doggie, one
(1) VH1 Divas branded Bag, one (1) VH1 Divas branded t-shirt, plus various Divas cds to be
determined and other merchandise/clothing prizes, at SponsorÕs sole discretion,
not to exceed $75.00. (ARV $300). All gift card restrictions and regulations
apply. Final determinations of merchandise will be in the sole discretion of
Sponsor based on availability. Any difference between ARV and actual retail
value of merchandise, if any, will not be received by winner in cash.
Total ARV of all prizes ($2700.00)
Notification/Releases: All five (5) Finalists will be
notified by email on the fifth business day after the end of the voting
period. If a Finalist cannot be
reached by telephone and/or email within a 48-hour period, such Finalist may be
disqualified and another Contestant with the next highest score may be declared
the alternate Finalist. In the event any Finalist cannot accept a prize for any
reason whatsoever, s/he will automatically be disqualified and an alternate may
be determined.
In addition, the winners selected will be required to sign
an affidavit of eligibility and to sign and return, within 14 days of
notification, a Liability Release and Publicity Release (where legal). Winners
will also agree not to use the winning photo for any other promotion or
commercial purpose.
By entering, you hereby irrevocably assign and transfer to
Sponsor any and all rights, title and interest in and to all elements of the
Entry, including, without limitation, all copyrights, without additional
compensation, unless prohibited by law. In addition, Contestant represents that
s/he has obtained all necessary rights to the photograph, if applicable, and
hereby grants the Sponsor and its affiliated companies and divisions,
publication and use rights as described herein. Furthermore, by entering the
Contest, if the photo depicts another person other than the Contestant,
Contestant represents that s/he has or can obtain all necessary permission,
including but not limited to any likeness release and/or written permission to
include person in photo in Contest. If an Entry is selected for web posting/voting
by the Sponsor or its agents, the Contestant must certify that no other person
or entity holds rights to the Entry, including photograph. Sponsor shall have
no obligation (express or implied) to post any Entry on the Contest Website, or
to otherwise exploit any Entry or, if commenced, to continue the distribution
or exploitation thereof, and Sponsor may at any time abandon the use of any
Entry for any reason, with or without legal justification or excuse, and
Entrants shall not be entitled to any damages or other relief by reason
thereof.. Submissions and photographs will not be acknowledged and will not be
received or held "in confidence" and a submission does not create a
confidential relationship or obligation of secrecy between the Contestant and
the Sponsor or any of its affiliates.
The Sponsor reserves the right to disqualify a Finalist for
failing to execute any required paperwork, refusing to participate in any
promotional event or advertising, or engaging in any activity which offends the
public morals, embarrasses the Sponsor, in SponsorÕs sole discretion, or
violates the law of any jurisdiction.
By entering Contest, Entrant releases and holds harmless
Sponsor, prize partners and their respective parent company, subsidiaries,
affiliates, directors, officers, employees, agents and advertising and
promotional agencies from any and all liability or any injuries, including but
not limited to loss of life, loss or damage to any property of any kind arising
from or in connection with this Contest or the use or misuse of any prize
received. Submitting an entry in this Contest constitutes EntrantÕs irrevocable
assignment, conveyance and transference to Sponsor of any and all right, title
and interest in the Entry including, without limitation, all copyrights and
waiver of all moral rights in the entry (except moral rights where such
transfer of moral rights is prohibited by law). Entrant agrees that Sponsor
shall have the right, in its sole discretion, to edit, composite, morph, scan,
duplicate, or alter each submission for any purpose which Sponsor deems
necessary or desirable and may use that content in any media, including but not
limited to digital and electronic media, computer, audio and audiovisual media
(whether now existing or hereinafter devised), in any language, throughout the
world, and in any manner, for trade, advertising, promotional, commercial, or
any other purposes without attribution (where permissible by law) or
compensation to the Entrant, his/her successors or assigns, or any other person
or entity.
General: Sponsor is not responsible for problems uploading
or downloading any Contest related information from the Website or for any
other technical malfunctions of electronic equipment, computer online systems,
servers, or providers, computer hardware or software failures, phone line
failure, failure of any electronic mail Entry to be received by Sponsor on
account of technical problems, traffic, congestion on the Internet and/or the
Website, or any other technical problems related to Website entries including
telecommunication miscommunication or failure, and failed, lost, delayed,
incomplete, garbled or misdirected communications which may limit the
Contestant's ability to participate in this Contest. Mass entries or entries
generated by a script, macro or use of automated devices will be disqualified.
In the event the Contest is, in the opinion of the Sponsor, compromised by or
infected by a computer virus or bug or is otherwise technically impaired,
Sponsor reserves the right to modify, suspend or terminate the Contest in which
case the Finalists will be determined from all entries received prior to said
suspension or termination, if any, or to cancel the Contest in its entirety
should tampering, unauthorized intervention, fraud, technical failures or other
causes beyond Sponsor's control corrupt the administration, security, fairness,
integrity or proper play of the Contest. In which case, the Finalists will be
determined from among all entries received prior to cancellation, if any. Sponsor
reserves the right at its sole discretion to disqualify any individual it finds
to be tampering with the Entry process or the operation of this Contest or
Website or to be acting in violation of the Contest Official Rules.
LEGAL WARNING: Any attempt by any individual, whether or not
a Contestant, to deliberately damage, destroy, tamper or vandalize the Website,
including its voting mechanism or undermine the legitimate operations of the
Contest is a violation of criminal and civil laws. Should such an attempt be
made, the Sponsor reserves the right to seek damages from any such individual
to the fullest extent permitted by law and, if the individual is a Contestant,
to disqualify such Contestant from the Contest.
If you are acting within the scope of your employment, as an
employee, contractor, or agent of another party, you warrant that such party
has full knowledge of your actions and has consent thereto. You further warrant
that your actions do not violate your employer's or company's policies and procedures.
Except where prohibited, all issues and questions concerning
the construction, validity, interpretation and enforceability of these Official
Rules, or the rights and obligations of the Contestant and the Sponsor in
connection with the Contest, shall be governed by, and construed in accordance
with, the laws of the state of California without giving effect to any choice
of law or conflict of law rules (whether of the state of California, or any
other jurisdiction), which would cause the entry of the laws of any
jurisdiction other than the state of New York. If any controversy or claim
arising out of or relating to the Official Rules, or the event cannot be
otherwise resolved, it shall be resolved in the courts of Los Angeles County,
California. Failure to comply with these Official Rules may result in
disqualification from the Contest. Sponsor reserves the right to permanently
disqualify any person it believes has intentionally violated these Official
Rules.
Winners List: For a list of winners, visit
WWW.DOGPETBOUTIQUE.COM after Thursday, October 1, 2009.
VH1, a division of Viacom International Inc, is a prize
partner for this promotion but does not Sponsor, Administer or have any
responsibility for this promotion.
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