OFFICIAL RULES UNITED STATES
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS IS A CONTEST OF SKILL. VOID WHERE PROHIBITED. The entry period for the “Dog Days of Summer” (“Contest”), promoted by FONTEM US, INC. (“Promoter”), begins on August 4, 2017 at 12:00 am EST and ends on August 11, 2017 at 11:59 pm EST. All applicable federal, state and local laws and regulations apply. Proof of submitting a Contest entry will not be deemed as proof of receipt of valid entry into the Contest. Any attempted form of entry into the Contest other than as described herein is void.
The Contest is open to individuals who meet the following criteria: (a) are twenty-one (21) years of age or older as of the date of entry and have access to the internet, and an email account, and (b) are a legal resident of the United States (except for Massachusetts and Michigan ) or the District of Columbia. The Contest is void in Massachusetts, Michigan, outside the remaining (48) United States and the District of Columbia, and where prohibited by law. (c) Employees of the Promoter, its parent company, affiliates, divisions, and subsidiaries, promotion marketing/advertising agencies, their immediate families, or anyone else professionally connected with this Contest are not eligible to enter. Additionally, immediate family members of such employees and persons living in the same household as such employees (whether related or not) are not eligible to participate in the Contest and/or win a Prize. For the purposes of this Contest, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses.
By entering this Contest, Contestants agree to be bound by these Official Rules and the decisions of the Promoter, which are final and binding in all respects and cannot be challenged or appealed.
HOW TO ENTER: To enter the Contest, Contestants must go to the blu Facebook® page or blu Twitter® page at https://www.facebook.com/blucigs or https://twitter.com/blucigs.
An Entry received before and/or after the Contest Period will be void. All Entries become the sole property of the Promoter and will not be acknowledged or returned.
Promoter’s computer will serve as the official timepiece for the Contest Period.
If the Contestant meets the eligibility criteria set forth above, then in order to enter Contestant must go to the blu Facebook® page or blu Twitter® page located at https://www.facebook.com/blucigs or https://twitter.com/blucigs during the Contest Period and follow the steps below:
- To be considered for the Contest on Twitter (located at https://twitter.com/blucigs), Contestant must first retweet and comment with a photo of Contestant and their dog.
- To be considered for the Contest on Facebook (located at https://www.facebook.com/) Contestant must first post a photo of Contestant and their dog in the comments of the blu Facebook page.
- Contestant will also be required to acknowledge that Contestant is at least 21 years of age and if chosen, before receiving the Prize, Contestant will be required to go through an additional age verification process.
Contestant’s entry must be received by Promoter between August 4, 2017 at 12:00 am EST and ends on August 11, 2017 at 11:59 pm EST.
A qualifying entry requires all of the following elements submitted to the blu Facebook® page or blu Twitter® page.
- Acknowledgment that Contestant meets the eligibility requirements criteria: Contestant is at least twenty-one (21) years of age and a resident of one of the participating 48 United States (except for Massachusetts and Michigan and wherever restricted or prohibited by law) or the District of Columbia.
- Contestant must submit an Entry, as described above.
- Contestant must submit a photo, as described above.
- The required Personal Information and age verification process, as described above.
By submitting an Entry into the Contest, whether complete or not and whether eligible or not, each entrant represents and warrants to Promoter that the Entry (including, without limitation,): (a) is the entrant’s original creation; (b) has not copied, in whole or in part, any other work; (c) does not violate or infringe any copyright, trademark, patent, trade secret, privacy or publicity right, or other proprietary or intellectual property right of any person or entity; (d) is not defamatory, libelous, obscene, or otherwise illegal; and (e) is the sole and exclusive property of the entrant, and is not subject to any third-party rights. Submission of false or misleading personal information or copied, plagiarized, offensive or otherwise inappropriate content (as determined by Promoter in its sole discretion) will be grounds for disqualification of Entry. Entries generated by a script, macro or other automated means will be disqualified. Illegible or incomplete entries, as determined by Promoter in its sole discretion, will be disqualified. Promoter will not deem proof of submission of an Entry as proof of receipt of a valid entry.
LIMIT: One (1) Entry per Contestant per social media page during the Contest Period. Any additional Entries will not increase the Contestant’s chance of winning. In case of dispute, Entry will be deemed made by authorized account holder of the email account associated account used to enter the Contest, as determined by Promoter in its sole discretion.
WINNER SELECTION PROCESS:
Following the Contest Period, Contestant’s Entry will be judged by a panel of judges selected by Promoter in Promoter’s sole discretion. The panel of judges will select one (1) winner of the Contest through a blend of the amount of “likes” and/or “retweets” via their Facebook comment and/or Twitter post and the judges’ discretion based on the photo submitted. The winner will be selected August 14, 2017, from the valid entries received in accordance with these terms and conditions. The potential winner must age verify through age verification methods set forth in the notification of winning email from the Promoter to the potential winner. If the potential winner cannot age verify through such methods, then the potential winner is disqualified. In the event of a tie, the potential winner will be the Contestant whose
The Winner of the Prize is referenced hereinafter as the “Prizewinner”.
If a potential Prizewinner is found ineligible or fails to comply with these Official Rules, such Contestant’s claim to the Prize is forfeited and an alternate qualifying and eligible Contestant may be contacted, at Promoter’s sole discretion.
A Prize legitimately claimed will be awarded.
- One (1) Prizewinner will receive the following:
One annual BarkBox subscription
TOTAL APPROXIMATE RETAIL VALUE (“ARV”) OF PRIZE: US $252.00
Only one (1) Prizewinner will win the Prize. The Prizewinner will be required to review and execute further contracts and releases provided by Promoter and/or related to suppliers of the Prize in order to receive the applicable Prize.
A CONTESTANT IS NOT CONSIDERED THE PRIZEWINNER UNLESS AND UNTIL PROMOTER HAS COMPLETED ITS VERIFICATION OF CONTESTANT’S ELIGIBILITY AND COMPLIANCE WITH THESE OFFICIAL RULES AND CONTESTANT HAS PROVIDED THE SIGNED AFFIDAVIT/RELEASE.
PRIZEWINNER NOTIFICATION PROCESS:
The potential Prizewinner will be notified within 48 hours of being selected, via Facebook/Twitter message from the blu Facebook/Twitter page. The potential Prizewinner must respond with his/her email address so that the Promoter or its agency can contact him/her with all details relating to the Prize. IT IS THE POTENTIAL PRIZEWINNER’S SOLE RESPONSIBILITY TO CONFIGURE HIS/HER SPAM SETTINGS SO THAT PROMOTER OR ITS DESIGNATED REPRESENTATIVE CAN CONTACT HIM/HER VIA EMAIL. The potential Prizewinner must age verify through age verification methods Promoter sets forth to the potential Prizewinner in notification email. If the potential Prizewinner cannot age verify through such methods, then the potential Prizewinner is disqualified.
The Promoter will make reasonable efforts to contact the Prizewinner. However, if the winner has not responded to the Facebook/Twitter message sent to the potential Prizewinner’s Facebook/Twitter account that entered the contest within 24 hours; or, Prizewinner does not age verify through age verification methods Promoter sets forth to the Prizewinner in the notification email within 72 hours of receiving the notification email, Prizewinner does not age verify through promoter’s age verification methods and/or fails age verification process; or if the selected Prizewinner is ineligible, otherwise in breach of these terms and conditions, the Promoter reserves the right to select an alternative Prizewinner using the same process referred to above in these terms and conditions, time permitting. As part of the verification procedure, potential Prizewinner will be required to sign and return an Affidavit of Eligibility, a Liability Release and a Publicity Release (where legal). In the event of noncompliance with this requirement, the prize will be forfeited and an alternate winner selected.
Incomplete, illegible, corrupted, garbled, inaccessible, damaged, or jumbled entries, or those which are otherwise not in accordance with these terms and conditions will not be valid. The Promoter accepts no responsibility for failure to receive an entry where such failure is due to circumstances outside the Promoter’s control. Without limiting the foregoing, the Promoter also accepts no responsibility for any technological, programming, electronic, network, computer/software or other error, failure or malfunction which interferes with, impedes or interrupts the intended functioning of the Promotion. (The preceding includes but is not limited to filtering by or other operation of the functionality of winners e-mail provider.)
ADDITIONAL PRIZE INFORMATION:
Promoter will not replace any lost or stolen documents related to the Prize. In the event of such a loss, Promoter shall have the right, in Promoter’s sole discretion, to disqualify the Prizewinner or to award to that Prizewinner the remaining elements of the Prize which shall constitute full satisfaction of Promoter’s Prize obligation to the Prizewinner and no additional compensation or Prize will be awarded to such Prizewinner.
The Prizewinner will be required to review and execute further contracts and releases provided by Promoter in order to receive the Prize.
There is no substitution for any Prize or any portion thereof and no refunds will be given for any unused portion of the Prize. The Prize is not transferable, assignable or redeemable for cash. All Prize details are at Promoter’s sole discretion.
Prizewinner is solely responsible for the reporting and payment of any and all applicable federal, state and local taxes as well as any other costs and expenses associated with acceptance and use of a Prize not specified herein as being awarded. Prizewinners may be issued an IRS form 1099 based on the ARV of each Prize awarded.
OWNERSHIP AND LICENSE:
All Contest related materials (“Submission”) become the property of the Promoter and will not be acknowledged or returned. The copyright in any Submission shall remain the property of the Contestant, but entry into this Contest constitutes Contestant’s irrevocable and perpetual permission and consent, without further compensation or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such Submission for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by the Promoter and/or others authorized by the Promoter, in any and all media now in existence or hereafter invented, throughout the universe, for the duration or the copyright in the Submission. Promoter and/or others authorized by Promoter shall have the right to edit, adapt, and modify the Submission at their discretion.
Any use by a Contestant of any of the Promoter trademarks or copyright interest is strictly prohibited and may subject Contestant to civil and/or criminal liability.
ALL PRIZES ARE PROVIDED “AS IS” AND “with all faults.” PROMOTER makes no warranties, express or implied, in fact or in law, relative to the use or enjoyment of any prize, or any portion thereof, including, without limitation, its quality, merchantability or fitness for a particular purpose. Any and all warranties for a prize, or any portion thereof, are contained in the manufacturers’ or service providers’ warranties, as relevant.
All trademarks are the property of their respective owners. The use of certain companies’ products and services as Prizes does not imply participation in, approval of, or endorsement of this Contest by such companies.
RELEASE, HOLD HARMLESS AND INDEMNIFICATION:
By entering, ALL participants IN THE CONTEST, participant’s HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS release and agree to defend, indemnify and hold harmless the PROMOTER from and against any and all THIRD PARTY claims, demands, losses and causes of action for any DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, punitive, AND INCIDENTAL DAMAGES), liability, loss, cost, fees (including attorneys’ fees), including, without limitation, damage to PERSON (INCLUDING DEATH) OR personal or real property, due in whole or in part, directly or indirectly, by reason of THE acceptance, possession, REDEMPTION, MISDIRECTION, use or misuse of ANY prize OR ANY PORTION OF ANY PRIZE (including any activity OR TRAVEL related thereto) or participation in the CONTEST and the ACTIVITIES OR FOR ANY and all claims based on rights of publicity and rights of privacy WHETHER any of these things are CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE PROMOTER.
DISCLAIMERS / LIMITATIONS ON LIABILITY:
By ENTERING, ALL PARTICIPANTS IN THE CONTEST agree that PROMOTER assumes no liability whatsoever for injuries or damages of any kind sustained in connection with THE CONTESTANT’S ENTRY INTO THE CONTEST, the use, acceptance, possession or awarding of ANY prize or while preparing for, participating in and/or traveling to or from any CONTEST-related activity, including, without limitation, any injury, damage, death, loss OR accident to person or property due to an intentional act, an act of negligence or default and/or any act of God.
The Promoter is not responsible for human errors or for any damaged, tampered with, delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged, misaddressed, misdirected, mutilated, mass machine-generated, unintelligible, incomprehensible, postage-due or stolen mail or entries or entries otherwise not in compliance with these Official Rules. In addition, Promoter is not responsible for any typographical errors in these Official Rules, Contest content or any advertising materials for the Contest, or for any kind of computer, electronic, hardware, software, Internet, network, technical or telephone failures and/or problems caused by the Promoter or the user, or by any of the equipment or programming associated with or utilized in the Contest, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Contest, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.
If the Contest becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause created by Promoter, the user or by any of the equipment or programming associated with or utilized in the Contest, Promoter reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend or withdraw the Contest or any Contest offer and/or cancel, modify, suspend or withdraw any method of entry, without notice, and select Prizewinners from all entries received for the Contest prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God; an act of terrorism, war, riot or civil commotion, fire, casualties, equipment failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order or request proves to be invalid); or any other similar or dissimilar act beyond the Promoter’s control.
GENERAL CONDITIONS OF ENTRY:
All Contestants, as a condition of entry, agree that they have not purchased any kind of Internet servicing system whatsoever in order to participate in and/or enter the Contest through electronic and/or mechanical tampering of the Contest or Contest webpage. Contestants agree not to knowingly damage or cause interruption of the Contest or Contest webpage and/or prevent others from utilizing the Contest or Contest webpage. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE OR CELLULAR SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST, CONTEST WEBPAGE, OR CAMPAIGN VIOLATES CRIMINAL AND/OR CIVIL LAWS.
IF SUCH AN ATTEMPT IS MADE, PROMOTER MAY, AT THEIR SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY AND ALL CONTEST PARTICIPANTS MAKING SUCH ATTEMPT AND PROMOTER MAY SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
GOVERNING LAW AND VENUE:
The parties agree that the Contest and these Official Rules will be governed, construed and interpreted under the laws of the State of North Carolina without giving effect to any choice of law or conflict of law rules (whether of the State of North Carolina or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of North Carolina. Each participant agrees (i) that any or all lawsuits brought by participants pursuant to these Official Rules or the Contest will be brought in the courts located in North Carolina and (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest or any Prize awarded shall be resolved individually, without resort to any form of class action. Contest participants hereby waive any and all objections to personal jurisdiction. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred including, without limitation, costs associated with entering this Contest but in no event attorneys’ fees. Under no circumstances will contest participants be permitted to obtain awards for, and hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
By entering the Contest, each Contestant acknowledges and agrees that Bark Box’s sole and exclusive role in the Contest is that of Prize Provider and that Bark Box is in no way responsible for the administration of the Contest or the selection of winners and that all such responsibility rests with the Promoter.
CONTEST PROMOTER: blu E-Cigarettes c/o FONTEM US, INC, 1100 S. Tryon St., Ste. 350, Charlotte, NC 28203