CardSnacks Dress Up Your Pet Contest
CONTEST OFFICIAL RULES NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
BY ENTERING THE CONTEST, YOU AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION AS PROVIDED IN SECTION 11 BELOW AND YOU WAIVE THE RIGHT TO BRING CLAIMS IN A CLASS ACTION FORMAT.
1. OVERVIEW: The CardSnacks Dress Up Your Pet Contest (“Contest”) is sponsored by Mobigram LLC (“Sponsor”). The Contest provides eligible entrants (each an “Entrant”) the chance to win the Prize(s) as outlined and defined below. By entering or participating in the Contest, Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects.
2. ELIGIBILITY: The Contest is open only to individuals who, as of the time and date of entry: (a) are permanent, legal residents of the United States of America and (b) are 18 years of age or older (if under the age of 18, or under the age of majority in their jurisdiction, you must have your parent or legal guardian’s permission to enter this Contest). Entrants must maintain access to the Internet throughout the Contest Period (as defined below). All employees, officers, and directors of Sponsor and their parents, subsidiaries, affiliates, sales representatives, distributors, licensees, prize providers, or agents (all of the foregoing, together with Sponsor collectively, “Contest Entities”), and all of such individuals’ immediate family members (i.e., spouse, parent, child, sibling and their respective spouses) and those living in the same household of each (whether legally related or not), are ineligible to enter or win the Contest. By participating in the Contest, each Entrant represents and warrants that he or she meets these eligibility requirements and has read, accepts, and will comply with these official rules (the “Official Rules”), and acknowledges that any violation of these Official Rules may disqualify Entrant from the Contest. You may enter this Contest and any other sweepstakes, contest(s), or promotions sponsored by Sponsor during the Contest Period, but you may only win one (1) prize from Sponsor within each calendar month.
3. CONTEST PERIOD: The Contest entry period will start on Friday, January 8, 2020 at 8:00 AM and end on Tuesday, January 12, 2020 at 5:00PM ET (“Contest Period”). All entries must be submitted during the Contest Period to be eligible to be a Winner. At the end of each Contest Period, the contest judging period will immediately follow through Tuesday, January 12, 2020 at 11:59PM ET (the “Judging Period”). The time clock of Sponsor’s designated computer administering this Contest is the official clock for this Contest.
5. PRIZES: Sponsor will award a $50 gift card to 800Baskets to the first place winner, and a $15 Starbucks gift card to the second place winner (each a “Prize” and collectively, “Prizes”). The approximate retail value (“ARV”) of each Prize awarded to a Winner will be equal to the gift card dollar amount awarded by Sponsor to that Winner. Each Winner will be eligible to win one (1) Prize maximum (i.e., no Winner may receive more than one (1) Prize. Each Prize will be fulfilled by Sponsor. The total ARV of the Prize(s) is Sixty-Five United States Dollars ($65.00 USD). The Contest Entities are not responsible for, and Winner will not receive the difference, if any, between the actual value of the Prize(s) at the time of award and the stated ARV in these Official Rules or in any Contest-related correspondence or material.
6. PRIZE CONDITIONS: Sponsor will not replace any lost or stolen Prizes. Prizes are non-transferable, and cash redemptions, equivalents, or substitutions are not available, except at Sponsor’ sole and absolute discretion. Prize details and availability are subject to change, and in the event that Sponsor are unable to provide the Winner with the Prize, Sponsor may elect, at the Sponsor’ sole and absolute discretion, to provide Winner with the ARV of such item in cash or award an alternate prize of comparable or greater value. Prizes may be fulfilled by a third party. If applicable, each Prize Winner bears all risk of loss or damage to Prize after it is placed by Sponsor with a third party common carrier for shipment to Winner. If applicable, any Prize elements will be shipped only to an address in the United States. Each Winner will be solely responsible for all federal, state and local taxes, and for any other fees or costs associated with the Prizes they receive regardless of whether the Prizes are used. The stated ARV of the Prizes is based on available information provided to Sponsor. The value of any Prizes awarded to a Winner will be reported for tax purposes as required by law. If the actual retail value of any Prize is $600 or more, Sponsor will issue an IRS Form 1099 in the name of Winner for the actual value of the Prizes received, and Winner will be required to supply Sponsor with his/her social security number for tax purposes and may be required to complete additional documentation. Any unclaimed Prizes will be forfeited, including Prizes that are unable to be claimed due to unsuccessful efforts of a Winner to provide signed parental or guardian consent. Each Prize, if legitimately claimed, will be awarded by Sponsor. The Contest Entities are not responsible for and will not replace any lost, mutilated, or stolen Prizes or any Prize that is undeliverable or does not reach the Winner because of an incorrect or changed address. If a Winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and the Contest Entities will have no further obligation with respect to that Prize or portion of the Prize.
7. WINNER DETERMINATION, NOTIFICATION, & PRIZE CLAIMING: A panel of qualified judges from Sponsor (the “Contest Judges”), will select the Winners during the Judging Period based on the following criteria: the creativity, design, and aesthetic of the CardSnack (80%), and the technical skill involved in creating the video and the quality of the video (20%). Each potential Winner will be notified that they are a potential Winner of the Contest by an email (“Notification”) after the Judging Period.
The Notification is deemed to have occurred immediately upon sending of the notification by Sponsor to the potential Winner. The Contest Entities are not responsible for and will not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Winner. When the potential Winner is contacted, he/she will be required to respond to the Notification within 12 hours providing his/her mobile phone number for further verification. Sponsor will contact each potential Winner at the e-mail address provided by potential Winner asking whether he/she accepts the Prize. If no response is received within such 12 hours, an alternate Winner will be selected, based on the original criteria. Each potential Winner of the Contest will be required to execute an affidavit of eligibility/release of liability/prize acceptance agreement (the "Prize Acceptance Release"), and return all Required Documents within 12 hours of potential Winner’s Prize acceptance. If a Winner fails or refuses to sign and return all Required Documents within 12 hours of potential Winner’s acceptance, or if the Prize notification email is returned as rejected, faulty, unclaimed or returned as undeliverable to the potential Winner, and the potential Winner is unable to be reached by email, that potential Winner (in Sponsor’ sole discretion) may be disqualified and an alternate may (in Sponsor’ sole discretion) be selected. The Required Documents are subject to verification by Sponsor.
8. PUBLICITY RELEASE & LICENSE RIGHTS: Subject to applicable law, Winner, irrevocably grants to Sponsor, and each of its licensees, and its and their successors, assigns, and sublicensees, the right and permission to use his/her name (except that the name of Tennessee residents who do not so consent will not be used for purely publicity purposes), voice, likeness, or information submitted with the Entry for advertising, promotional, and publicity purposes in connection with the Contest, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising, and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice, or consideration except for the awarding of the Prize to the Winner. As a condition of entry into the Contest, and by submitting an Entry into this Contest, except where prohibited by law, each Entrant grants to the Contest Entities a non-exclusive, unrestricted, unconditional, unlimited, transferable, sublicensable, irrevocable, royalty-free, worldwide license to archive, copy, cache, encode, store, reproduce, record, sell, sublicense, distribute, transmit, broadcast, synchronize, adapt, edit, modify, publicly display, publicly perform, publish, republish, promote, exhibit, create derivative works based upon, and otherwise use Entrant’s Entry, other submitted information, and the CardSnack submitted by Entrant (collectively, “Licensed Rights”) in all formats, on or through any means or media now known or hereafter developed, and with any technology or devices now known or hereafter developed, without additional review, compensation, permission or approval. This license includes the right for the Contest Entities to use the Entry for the Contest and activities surrounding the promotion and marketing of the Contest, including announcing the Winner on Sponsor’ respective websites, on Sponsor, and in other marketing materials at the Contest Entities’ discretion. The license extends perpetually for the limited purposes of advertising, marketing, and promoting Sponsor’s services. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsor and if you incorporated your or any third party’s name, trademark, likeness, image, visual work, music, sound effect, or other materials (collectively, “Additional Elements”) into your Entry (aside from those provided by Sponsor), you agree that this license includes all Additional Elements. Entrants further agree (1) that Sponsor shall have no obligation, express or implied, to use your Entry or any part of your Entry in any manner, and Entrants shall not be entitled to any damages or other relief by reason of Sponsor’s use or non-use of Entrant’s Entry or any part of Entrant’s Entry; and (2) that Entrants may be contacted by the Contest Entities regarding this Contest.
9. GENERAL RULES: Sponsor reserve the right to change, add to, delete, suspend, or terminate these Official Rules, the Contest, and the Prizes. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand. If we decide not to enforce any term of these Official Rules, that will not constitute a waiver of that term. Sponsor are not responsible for lost, misdirected, misplaced, tampered with, deleted, or invalid entries. Sponsor reserve the right to disqualify any Entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Contest; (b) acting in violation of these Official Rules; or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person.
10. ENTRANT OBLIGATIONS (WAIVERS, DISCLAIMERS, & RELEASES): By participating in the Contest, you agree, to the extent permitted by law, to indemnify, defend, and hold harmless the Contest Entities, their affiliates, directors, officers, stockholders, employees, licensors, and agents (collectively, “Released Parties”), from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your participation or attempt to participate in the Contest; (b) any Prize or Prize-related activities (whether to you or your property, or to any other person or any other person’s property), related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity or Prize). You assume all liability for any injury, death, or damage caused, or allegedly caused, by participating in this Contest or use or redemption of a Prize. We try to keep the services up and running and free of annoyances. But we make no promises that we will succeed. THE CONTEST ENTITIES DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY TECHNICAL PROBLEMS OR MALFUNCTIONS WHICH MAY AFFECT THE OPERATION OR YOUR EXPERIENCE WITH THE CONTEST. THE SERVICES AND THE PRIZE(S) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE EXTENT PERMITTED BY LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN ADDITION, WHILE Sponsor ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; OR (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS. THE RELEASED PARTIES ARE NOT LIABLE IF ANY PORTION OF THE CONTEST IS CANCELED DUE TO SUCH AS WEATHER, FIRE, STRIKE, ACTS OF WAR OR TERRORISM, OR OTHER CONDITIONS BEYOND THEIR CONTROL.
11. BINDING ARBITRATION OF DISPUTES: PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND Sponsor TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION. o You agree that in the event of any dispute between you and Sponsor, you will first contact Sponsor and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Sponsor’s services and/or products, or relating in any way to the communications between you and Sponsor or any other user of the Sponsor’s services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Sponsor. However, this arbitration agreement does not (a) govern any Claim by Sponsor for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access or use this Services by following the procedure described below.
o You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Sponsor are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.
o If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to: Mobigram LLC, 923 Saw Mill River Road, #213, Ardsley, NY 10502.
o The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at or by calling 1-800-778-7879.
o Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed or used the Services on behalf of an entity, we will reimburse those fees for claims where the amount in dispute is less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
o The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.
o Class Action Waiver: Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
o If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Sponsor each waive any right to a jury trial.
12. GOVERNING LAW & LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of Entrants, Sponsor, or the Released Parties in connection with the Contest, will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws. BY ENTERING THE CONTEST, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRDPARTY, OUT-OF-POCKET COSTS INCURRED AND WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (B) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, MULTIPLE, OR SPECIAL DAMAGES, LOST PROFITS, OR ANY OTHER DAMAGES.
13. INFORMATION SUBMITTED: As a condition of entering the Contest, Entrant gives consent for Sponsor to obtain and deliver Entrant’s name, address and other information to third parties for the purpose of administering this Contest and to comply with applicable laws, regulations and rules. Any information Entrant provides to Sponsor may be used to communicate with Entrant in relation to this Contest or on a Contest Winners list.
14. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules, the Prize Acceptance Release, or the terms and conditions of Sponsor services or products will not affect the validity or enforceability of any other provision. If any provision of the Official Rules, Prize Acceptance Release, or the terms and conditions of Sponsor products or services is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision did not exist. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference. If there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials or terms, or in these Official Rules, the Official Rules will control, and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
15. Sponsor: This Contest is sponsored by Mobigram LLC, 923 Saw Mill River Road, #213, Ardsley, NY 10502. Reference to third parties in connection with Prizes or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, Sponsorhip, or affiliation with the Contest Entities or the Contest.
16. LIST OF CONTEST WINNER/OFFICIAL RULES REQUESTS: To receive a list of Contest Winner or a copy of these Official Rules, send a stamped self-addressed envelope to: Mobigram LLC, 923 Saw Mill River Road, #213, Ardsley, NY 10502, Attn: CardSnacks Dress Up Your Pet Contest.