BIGDOG BEST FRIENDS 2019 PHOTO CONTEST
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING.
This Contest is governed by these Official Rules and is subject to all applicable federal, state, and local laws.
The BigDog Best Friends 2019 Photo Contest (the “Contest”) is open only to legal United States residents of the contiguous states and the District of Columbia (except the states of Washington, Oregon, California, Idaho, Montana, Wyoming, Utah, Nevada, Arizona, and New Mexico) who are natural persons age 18 or older and the age of majority in their local jurisdiction at the time of entry. Proof of residency and age may be required. Employees and directors of Hustler Turf Equipment, Inc. dba BigDog® Mower Co. and their respective dealers, distributors, subsidiaries, divisions, affiliates, and advertising or promotional agencies or individuals involved with the design, production, execution or distribution of the Contest or the sale and distribution of BigDog Mowers and the immediate family and household members of such individuals, are not eligible to win. “Immediate family members” shall mean parents, stepparents, children, stepchildren, siblings, stepsiblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not. In order to enter the Contest or receive the prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to this Contest.
- Sponsor and Administrator
BigDog® Mower Co., 200 South Ridge Road, Hesston, KS 67062 (“Sponsor”).
The Contest consists of two monthly photo contests. First contest begins on May 15, 2019 at 12:01 a.m. Eastern Time and ends June 30, 2019 at 11:59 p.m. Eastern Time. Second contest begins on July 1, 2019 at 12:01 a.m. Eastern Time and ends July 31, 2016 at 11:59 p.m. Each time frame is a separate “Entry Period”. Sponsor is the official time keeper for this Contest.
- How to Enter
To enter: During the Entry Period, an eligible person (“Entrant”) must complete the registration and post a photo of their favorite dog along with the hashtag #BigDogBestFriend and #Promo (“Required Hashtags”) (on the BigDog Best Friends’ registration page found at https://www.bigdogbestfriends.com . The Entrant will then receive an e-mail to confirm their entry and a webpage link to their submitted photo. The Entrant will then share the webpage through their social media account (Facebook, Twitter, and Instagram) to earn votes (i.e., “Reach” “Like” “Shared” “Commented” online) during the applicable Entry period. Votes do not carry over to subsequent entry periods. All social media posts by Entrant must include the Required Hashtags.
By posting an Entry, Entrant hereby grants to Sponsor the non-exclusive, fully paid, worldwide license to use, publicly perform, stream, modify, display and disseminate such content. Entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The “authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted e-mail address. Unlimited submissions per person per email address will be allowed for the duration of the contest. Potential winner may be required to show proof of being the authorized account holder.
Entry must: (a) be the original work product of Entrant; (b) be solely owned by Entrant and with no other person or entity having any right or interest in it; and (c) not violate any third-party rights including but not limited to copyright, trademark, patent, contract, and/or publicity or privacy rights, of any other person or entity. Entrant shall not directly or indirectly capture, display or otherwise include in the Entry any other person or entity’s image (other than his or her minor child) without obtaining his or her written permission; and shall not include any trademark, logo, or intellectual property in any way, including on Entrant’s clothing or in the background unless owned exclusively by Entrant. Entrant may take and capture his/her photo on Entrant’s own, or Entrant may have another person take and capture his/her Entry. If someone other than the Entrant has taken or captured the Entry, Entrant must have prior written permission from such person to submit Entrant’s photograph as part of the Entry, and Entrant must be able to obtain a signed release from the photographer and provide such release to Sponsor upon the request of Sponsor, in Sponsor’s sole discretion. By posting Entry, Entrant represents his or her compliance with these terms.
Sponsor may reject any Entry in its sole discretion if the Entry in whole or in part: contains any illegal or offensive activity, or is obscene, defamatory, likely to incite violence or illegal; includes any material in violation of any third-party’s rights; contains material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating or mutilating of animals, discriminatory (based upon race, sex, religion, natural origin, physical disability, sexual orientation or age); is threatening, profane or harassing; portrays Sponsor or any person or entity negatively; and/or which is otherwise deemed to be inappropriate or demeaning in Sponsor’s sole discretion. Entry must not attempt to duplicate any other Entry or third-party works. Sponsor reserves the right in its sole discretion to disqualify any Entry that is a duplicate or substantially similar to another Entry and Sponsor may, in its sole discretion, disqualify any Entry that violates these parameters and/or any other part of Official Rules.
- Winner Determination
The top five entries during that receive the most votes during an Entry Period (i.e., “Reach” “Like” “Shared” “Commented” online) the “Finalist Entries” will be evaluated by a qualified panel of judges selected by Sponsor who will evaluate each Finalist Entries” based on the following judging criteria of the submissions:
Creativity (33 1/3%);
Originality (33 1/3%); and
Entertainment value (33 1/3%).
The Finalist Entry round is made up of five (5) entrants with the highest scores. The panel of judges will then deem the winner choosing the winner based on the three (3) criteria of the highest entertainment value, the highest originality score, and the highest creativity score.
Selected potential winner will be contacted by Sponsor using the email address used to enter (subject to verification of eligibility and compliance with the terms of these Official Rules) approximately fourteen (14) days after the close of the Entry Period. Failure by Entrant to respond to the initial verification within 48 hours of notification will result in disqualification and Sponsor may, at its discretion, select an alternate winner in the same manner. Odds of winning the prize depend on the number of eligible entries received during the Entry period.
One (1) grand prize will be awarded for each entry period. Grand prize consists of the following:
Donation to a qualified animal rescue charity:
Cash prize of $2,500 and a 34” Rex BigDog Mower with standard features (current ARV $2399) to a qualified 501(c)(3) animal rescue charity in the winner’s vicinity (and subject to Sponsor’s approval).
Prize to selected winner:
$150 Gift Card good for use at a participating pet store. Gift Card will be issued by a major retailer or bank and is subject to its terms and conditions and may not be returned, redeemed for cash (except to the extent required by law) or used as payment on or credit to any credit card accounts. Not valid on prior purchases. The Gift Card will not be replaced if lost or stolen. In no event will the Gift Card prize value exceed the stated value. In the event the winner purchases more than the stated value worth of merchandise, the winner will be solely responsible for payment of those costs.
No cash equivalent for the prizes, prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the listed prize for one of equal or greater value for any reason. All federal, state, and local tax liabilities, as well as any other costs and expenses not specified herein as being awarded are the sole responsibility of the Winner. Winner may be required to complete and return an IRS W-9 form (i.e., Request for Taxpayer Identification Number and Certification). Prize will be awarded only if the potential Prize Winner fully complies with these Official Rules.
- Verification of Potential Winner
Potential Contest winner is subject to verification by Sponsor. Potential winner will be required to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) by the date specified by Sponsor, or an alternate potential winner may be selected. In the event: (a) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted or the potential winner notification or Affidavit is returned as undeliverable; (b) potential winner declines or cannot accept, receive or use the prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods, (d) potential winner is found to be ineligible to enter the Contest or receive the prize, (e) potential winner cannot or does not comply with the Official Rules, or (f) potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Contest and an alternate potential winner may be selected, at Sponsor’s sole discretion, from among the other eligible entries received. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential winner, if any.
- Entry Conditions and Release
Each Entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor which are binding and final in all matters relating to this Contest; (b) defend, indemnify, release and hold harmless the Sponsor and their respective dealers, distributors, parents, subsidiary, and affiliated companies, and any other person and organization responsible for or involved in sponsoring, operating, fulfilling, administering, advertising or promoting the Contest, and their respective subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors, both past and present, (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s Entry, creation of an Entry or posting of an Entry, participation in the Contest, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of Entry. Winner acknowledges that all prizes are awarded as-is without warranty of any kind.
Except where prohibited or restricted by law, winner’s acceptance of prize constitutes the winner’s agreement and consent for Sponsor and any of its designees to use and/or publish winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Contest or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.
- General Conditions
Released Parties shall not have any obligation or responsibility, including any responsibility to award any prize to Entrants, with regard to: (a) entries that do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) Entrants who have committed fraud or deception in entering or participating in the Contest or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather, scheduling or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Contest or any promotion or prize-related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Contest, or with any Website promoting the Contest; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Contest multiple times through the use of multiple social media accounts or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Contest, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Contest, including the entire Contest, and/or modify the Contest and/or award the prize from all eligible entries received as of the termination date. If for any reason an Entrant’s registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Contest. No more than the stated number of each prize will be awarded. The Contest is not sponsored, endorsed, or administered by, or associated with Facebook, Twitter or Instagram.
Except where prohibited by law, as a condition of participating in the Contest, Entrant agrees that (1) any and all disputes and causes of action arising out of or connected with the Contest, including but not limited to prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of JAMS and held at the JAMS regional office nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any Entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in the Contest), and Entrant further waives all rights to have damages multiplied or increased. Entrant further agrees that any and all disputes, claims and causes of action arising out of or connected with the Contest, or any prize awarded shall be resolved individually, without resort to any form of class action. Entrants are advised that California Civil Code § 1542 provides that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. By entering the Contest, each Entrant, on behalf of himself/herself and his/her heirs, successors, assigns, agents and representatives, acknowledges that he/she understands the significance and consequences of California Civil Code § 1542 and, to the extent it may be applicable, hereby waives the benefits of its provisions, with the intent that the releases and waivers of liability in this section shall include claims known or unknown, and unknown and unsuspected. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 Kansas, without giving effect to any choice of law or conflict of law rules (whether of the State of Kansas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Kansas.
- Contest Results
For Contest results, indicate the particular winner entry period requested and send a self-addressed stamped envelope to BigDog Mower Best Friends. 200 S Ridge Road, Hesston, KS 67062. Requests for the Winner’s List must be received by sixty (60) days after the conclusion of a Contest.
- Questions? Please contact us at email@example.com with any questions relating to the Contest.