FULL MOON® “HOWL AT THE MOON” CONTEST
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, AND WHERE PROHIBITED. SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. BY SUBMITTING AN ENTRY, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES.
This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. By entering, you understand that you are providing your information to the Sponsor and not Facebook or Instagram.
1. Contest Period: The Full Moon® “Howl at the Moon” Contest (“Contest”) begins at 12:00 AM Pacific Time (“PT”) on October 28, 2016, and ends at 11:59 PM PT on November 4, 2016 (“Contest Period”).
2. Eligibility: The Contest is open only to legal U.S. residents currently residing in the 50 United States and the District of Columbia who are the age of majority or older as of the date of entry. Officers, directors and employees of Full Moon® (“Sponsor”) and its parents, subsidiaries and affiliated companies, franchisees, advertising and promotional agencies, persons engaged in the development, production or distribution of materials for this Contest, and the immediate family members (parent, child, sibling, and spouse of each) of and/or persons living in the same household as such officers, directors, and employees (whether related or not) are not eligible to enter or win a prize in this Contest. Entry into this Contest constitutes Entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. How to Enter: During the Contest Period, go to the Full Moon® Facebook page at https://www.facebook.com/FullMoonPet or the Full Moon® Instagram page https://www.instagram.com/FullMoonPet and click on the contest announcement post, then follow the instructions to post an original photograph of your pet dog wearing a Halloween costume (the “Entry”). The person who submits the Entry will be considered the Entrant (“Entrant”). Submission of erroneous or incomplete information will void the submitted Entry. Limit one (1) Entry per person and per Facebook account or Instagram account. All Entries must be in English. Entries cannot be edited once submitted. Any Entry determined to have been edited after initial posting will be disqualified, including the original Entry and all subsequent edited versions of such Entry. All Entries become the property of the Sponsor and will not be acknowledged or returned. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. If multiple Entries are received in excess of the stated limitation from any person or Facebook/Instagram account during the Contest Period, only the first such Entry received from such person or Facebook/Instagram account will be eligible for entry. In the event of a dispute regarding Entries received from multiple users having the same Facebook/Instagram account, the authorized subscriber of the e-mail account registered to the Facebook/Instagram account at the time of entry will be deemed to be the Entrant and must comply with these Official Rules. Authorized subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), online service provider, or other organization responsible for assigning e-mail addresses. Each Entry submission must be manually key stroked and manually entered by the individual Entrant; automated and/or repetitive electronic submission of Entries (including but not limited to Entries made using any script, macro, bot or sweepstakes service) will be disqualified.
Your Entry may not contain any content that the Sponsor, in its sole discretion, determines to:
(a) be vulgar, offensive, sexually explicit, profane or pornographic;
(b) be derogatory of any race, ancestry, place of origin, color, ethnic origin, citizenship, religion, sex, sexual orientation, age, marital status, family status or disability; endorses any form of hate or hate group; defames, misrepresents or contains disparaging remarks about other people, products or companies;
(c) be violent or promotes the use of alcohol, illegal drugs, tobacco, or weapons; promotes unsafe activities;
(d) promotes any political agenda or message;
(e) appear to duplicate any other submitted Entry;
(f) contain copyrighted materials owned by others, including brand names for recipe ingredients;
(g) contain any personal identification, such as persons’ names, email addresses, street addresses or license plate numbers;
(h) communicate messages inconsistent with the positive image of the Sponsor’s name and/or any of its brands;
(i) violate any law; or
(j) include or refer to any third parties, including but not limited to minors, celebrities and friends, who have not expressly authorized such inclusion or reference.
The Sponsor reserves the right to reject any Entry which Sponsor determines, in its sole and absolute discretion, does not meet the above criteria or is otherwise offensive or is not in keeping with the Sponsor’s image and reputation. Sponsor reserves the right to remove any Entry without prior notice.
By entering, you represent and warrant that (a) you are the sole owner of your Entry and all rights in your Entry; (b) you have the right to submit the Entry and to transfer and assign to the Sponsor all rights in the Entry; (c) your Entry consists of only your original work and no part of your Entry has previously been published anywhere else; (d) you have not granted any person, corporation or other entity any rights to use your Entry; (e) your Entry meets the above criteria in this Section; (f) your Entry does not defame or violate the rights of publicity or privacy of any person, living or deceased, or otherwise infringe upon the publicity rights or privacy of any third person, living or deceased, or otherwise infringe upon any person’s personal or property rights or other third party rights; (g) your entry is not offensive or inappropriate, as determined by Sponsor in its sole discretion, nor does it violate any law; and (h) if your Entry contains third party elements not owned by you, you have obtained written consent from those owners to submit your Entry and, if requested to do so, you can and will produce such written consent in a form and manner acceptable to the Sponsor. Failure to provide such proof on request may render your Entry null and void. By submitting an Entry, you warrant and represent that you consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.
Entrants understand and agree that they shall retain all ownership rights in Entry; however, by submitting an Entry, Entrant hereby grants Sponsor a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to edit, publish, use, adapt, exploit, modify or dispose of any Entry, in whole or in part, online, in print, film, television, or in any other media now or hereafter known throughout the world in perpetuity without compensation, permission or notification to Entrant or any third party, for any purpose whatsoever.
By submitting an Entry, you acknowledge and agree that Sponsor may obtain many submissions in this Contest and that your Entry may be similar or identical in theme, idea, format or other respects to others submitted in this Contest or other contests sponsored by the Sponsor, or to other ideas conceived by or provided to Sponsor, and you waive any and all claims you have or may have, now or in the future, that any Entry and/or other works accepted, reviewed and/or used by the Sponsor (or its designees) are similar or identical to your Entry. Except where prohibited by law, you acknowledge and agree that the Sponsor does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to your Entry.
By entering, Entrants understand and agree that their Entry may appear at https://www.facebook.com/FullMoonPet and https://www.instagram.com/FullMoonPet for viewing. Released Parties (as defined below) are not liable for the use of any Entry by any third party. Entrant acknowledges and agrees that Released Parties have no, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to any Entry.
4. Determination of Winners/Judging: On or about November 4, 2016, all eligible Entries received during the Contest Period will be judged based on the following criteria (“Judging Criteria”) by a panel of judges selected by Sponsor to determine the prize winners, subject to verification of eligibility and compliance with these Official Rules:
1) Creativity (50%)
2) Picture Quality (30%)
3) Dog’s Costume Quality (20%)
The top five (5) Entries with the highest scores among all eligible Entries received during the Contest Period based on the Judging Criteria set forth above will be deemed the prize winners, subject to verification of eligibility and compliance with these Official Rules. In the event of a tie, an additional, “tie-breaking” judge will determine the winning Entry based on the Judging Criteria. Decisions of judges are final and binding. Sponsor reserves the right to not award a prize if, in its sole discretion, it determines it has not received sufficient qualified eligible Entries during the Contest Period. Five (5) prize winners will be selected as described above.
Winners will be announced on the Full Moon® Facebook page at https://www.facebook.com/FullMoonPet and Instagram page https://www.instagram.com/FullMoonPet. If any winner notification sent to a potential winner is undeliverable, a response to any given winner notification is not received within seven (7) business days of date of its issuance or a potential winner does not comply with these Official Rules, the prize may be forfeited and, at Sponsor’s discretion, awarded to the eligible entry with the next highest score based on the Judging Criteria. Potential winners may be required to execute and return an affidavit of eligibility and a liability release and, where legal, a publicity release (“Affidavit/Release”) within fourteen (14) days of date of issuance of those documents; if a potential winner fails to do so, the applicable prize may be forfeited and, at Sponsor’s discretion, awarded to the Entrant with the next highest score based on the Judging Criteria. If a potential winner does not comply with these Official Rules or a prize or prize notification is undeliverable, or a potential winner fails to sign and return the Affidavit/Release within the time specified above (if applicable), the prize may be forfeited and, at Sponsor’s discretion, awarded to the Entrant with the next highest score based on the Judging Criteria.
Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
5. Prizes: There are five (5) prizes available to be won. Each prize consists of: (2) 24 oz. bags of Full Moon Chicken Strips recipe or (2) 24 oz. bags of Full Moon Chicken Jerky recipe and (1) Full Moon branded treats bag. Approximate Retail Value (“ARV”) of each prize: $47.97. Total ARV of all prizes to be awarded: $239.85.
Any and all applicable federal, state, and local taxes and all fees, expenses and incidental costs related to acceptance and use of the prize not specifically stated herein are the responsibility solely of each winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won in the Contest. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.
6. Release/Limitations of Liability and General Conditions: By participating, Entrants agree as follows: a) to abide by these Official Rules, and to the decisions of Sponsor and the judges, which shall be final and binding in all respects; b) THAT SPONSOR, FACEBOOK, INC., AND ALL OF THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, RETAILERS, DISTRIBUTORS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL HAVE NO LIABILITY AND SHALL BE HELD HARMLESS FOR ANY DAMAGE, LOSS OR INJURY TO YOU OR ANY THIRD PARTY RESULTING FROM PARTICIPATION IN THIS CONTEST, SPONSOR’S OR ITS DESIGNEES’ USE OF ANY ENTRY, OR THE USE OR MISUSE OF ANY PRIZE. EVERYTHING RELATING TO THIS CONTEST, INCLUDING THE PRIZES, ARE AWARDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. Released Parties are not responsible for lost, delayed, interrupted or unavailable, network, server, cable, satellite, Internet Service Provider (ISP) or other connections, miscommunications, failed phone, computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other errors or malfunctions of any kind whether computer, network, human, mechanical, electronic, printing, typographical or otherwise relating to or in connection with this Contest, including, without limitation, errors or problems which may occur in connection with the administration of the Contest, the processing or judging of Entries, the announcement of the prizes or in any Contest-related materials or for any damage to your or other person’s computer hardware or software as a result of participation. Released Parties are not responsible for Entries that are lost, late, stolen, inaccurate, incomplete, delayed, misdirected, undelivered, garbled or delayed by computer transmissions. Persons found tampering with or abusing any aspect of this Contest or who are in violation of these Official Rules, as solely determined by the judges, will be disqualified and all associated Entries will be void. Every Entry must be manually keystroked and manually entered by you and repetitive automated electronic submission of Entries is specifically disallowed. Use of script, macro or automated entry software or programs or other means which subvert the entry process is prohibited and all such Entries will be void. If the Contest is compromised by virus, bugs, non-authorized human intervention or other causes which corrupt or impair the administration, security, fairness or proper play of the Contest, or if the Contest is unable to run as planned for any other reason, Sponsor reserves the right in its sole discretion to modify, suspend or terminate the Contest or any portion thereof and/or terminate the participation of any Entrant (and void his/her Entry/ies) whose conduct potentially compromises the Contest and at its sole discretion award the prize(s) from among all eligible non-suspect Entries received prior to the act requiring such suspension or termination using the applicable Judging Criteria (as set forth above). The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these Official 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.
AS A CONDITION OF PARTICIPATING, YOU AGREE THAT A) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT OF POCKET EXPENSES, IF ANY, AND B) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST, OR ANY COMPENSATION OR CREDIT TO BE PROVIDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND C) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARD SHALL BE LIMITED TO ACTUAL OUT OF POCKET COSTS INCURRED, IF ANY, AND IN NO EVENT SHALL YOU BE ENTITLED TO RECEIVE ATTORNEYS’ FEES OR OTHER LEGAL COSTS OR EXPENSES.
SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
7. License and Publicity Release: EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE CONTEST CONSTITUTES EACH ENTRANT’S GRANT TO SPONSOR, ITS PARENT, SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND PROMOTION AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, ENTRANT’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. ENTRANTS AGREE THAT SPONSOR SHALL OWN THE ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, MARKETING, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY.
8. Nature of Relationship/Waiver of Equitable Relief: Each Entrant understands and acknowledges that Sponsor has wide access to ideas, designs, and other 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 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 Sponsor’s use of any such similar or identical material. Each Entrant acknowledges and agrees that the Sponsor does 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 Sponsor 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 or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and the 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.
9. Disputes/Choice of Law: You and the Sponsor waive all rights to trial in any action or proceeding instituted in connection with these Official Rules or the Contest. Any controversy or claim arising out of or relating to these Official Rules or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Maryland in the United States, without giving effect to any choice of law or conflict of laws rules (whether of the State of Maryland or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Maryland.
11. Winners List/Official Rules: The names of the winners (available after November 4, 2016) and/or a copy of these Official Rules may be obtained by mailing a self-addressed, stamped #10 envelope to: Keona Morrison 31149 Old Ocean City Rd, Salisbury, MD 21804, for receipt no later than December 5, 2016. Vermont residents may omit return postage on rules requests.
12. Sponsor: The Sponsor of this Contest is: Full Moon®, 31149 Old Ocean City Rd, Salisbury, MD 21804.
Full Moon® shall not be liable for technical, pictorial, typographical or editorial errors or omissions contained herein. Copyright © 2014 Full Moon®. All rights reserved.