Berczy Dog Fountain Pup Pic Contest Rules & Regulations

(the “Official Rules”)

1) THE BERCZY DOG FOUNTAIN PUP PIC CONTEST

(the “Contest”)

The Official Rules govern the Contest. By participating or attempting to participate in the Contest, you will be deemed to have received, understood, and agreed to these Official Rules.

2) WHO ARE THE SPONSORS?

The Contest is sponsored and administered by Barknyapp Inc (Bark ‘n Yapp).

Bark ‘n Yapp and any co-sponsors of the Contest are referred to collectively or individually as the “Sponsors”.

Although the Contest may be communicated, promoted, or administered by means of a third party social media or social networking service or site (a “Third Party Service”), the Contest is not sponsored, endorsed or administered by, or associated with, any Third Party Service; any questions, comments or complaints regarding the Contest should be directed to Bark ‘n Yapp and not to any Third Party Service.

3) WHO MAY ENTER THE CONTEST?

The Contest is open only to residents of Canada, excluding Quebec, who have reached the age of majority in their province or territory of residence as of the date of entry.

The following individuals are not eligible to enter the Contest:

employees, officers, directors, agents, and representatives of: (i) the Sponsors, or any of their respective parents, subsidiaries or affiliates; (ii) any prize suppliers; (iii) any and all other companies associated with the Contest;
a household member of any of the individuals listed above, whether or not related;
members of the immediate family (spouse, parent, child, sibling) of the individuals listed above.

4) CONTEST START/END

The Contest will begin August 17, 2017 and end on September 16, 2017. Participants wanting to submit a picture of their dog in front of the Berczy Dog Fountain in Toronto may enter the Contest between 12:01 a.m. Eastern Time (“ET”) on August 17, 2017 and 11:59 p.m. ET on September 4, 2017 (the “Entry Window”).

Judging of finalist will take place between September 5, 2017 and September 8, 2017.

Voting on finalists by visitors to www.blog.barknyapp.com will take place between 12:01 a.m. Eastern Time (“ET”) on September 9, 2017 and 11:59 p.m. ET on September 16, 2017 (the “Voting Period”).

5) HOW DO I ENTER THE CONTEST?

There are four (4) methods of entry applicable to this Contest, as follows:

Social media – Twitter

To enter the Contest, log into your Twitter account during the Contest Period (note: must be a valid, public account) and send a tweet during the Contest Period that (i) tags @Barknyapp, (ii) contains an original photograph that includes your dog(s) and the Berczy Dog Fountain, and (iii) includes the hashtags #BerczyDogPhotoContest or #berczydogPupPic.

Social media – Instagram

To enter the Contest, log into your Instagram account during the Contest Period (note: must be a valid, public account) and upload a post during the Contest Period that (i) tags @Barknyapp, (ii) contains an original photograph that includes your dog(s) and the Berczy Dog Fountain, and (iii) includes the hashtags #BerczyDogPhotoContest or #berczydogPupPic..

Social media – Facebook

To enter the Contest, log into your Facebook account during the Contest Period, and send a direct message to @Barknyapp that contains an original photograph that includes your dog(s) and the Berczy Dog Fountain. In order to send a direct message to Bark ‘n Yapp, you may first need to go to www.facebook.com/barknyapp and click on “Message”.

E-mail entry

To enter the Contest, send an email to berczyPupPic@barknyapp.com during the Contest Period, specifying your name, day and evening telephone numbers, email address, and age, and including an original photograph that includes your dog(s) and the Berczy Dog Fountain.

6) HOW MANY TIMES MAY I ENTER THE CONTEST?

There is a limit of one (1) entry per person/Twitter account/Instagram account/Facebook account/email address per day, regardless of the method of entry. By way of illustration, if two (2) or more otherwise eligible persons share a single Twitter account, Instagram account, Facebook account, and/or email account, only one (1) of them may enter the Contest per day. If one (1) person has multiple accounts, that person may enter the Contest only once per day and only the first entry received from such person will be considered.

7) COULD MY ENTRY BE REFUSED OR REJECTED?

Your entry could be refused or rejected if:

you attempt to enter the Contest in a fashion not authorized by these Official Rules;
your entry contains false or misleading information, or is late, falsified, illegible, damaged or incomplete or otherwise irregular;
your entry is submitted using robotic, automated, programmed, or other illicit means; or
your entry is not in compliance with these Official Rules.

In addition, the Sponsors reserve the right to refuse any entry for any other reason as they may determine.

8) CONDITIONS OF ENTRY

By entering the Contest:

you agree to be bound by these Official Rules and by the decisions of the Sponsors, which decisions are final, binding and conclusive;
you represent and warrant that (i) your entry, including any material comprising your entry (e.g. name, user name, profile picture, etc., as applicable) and any material submitted with your entry (e.g. photograph, written submission, or other form of submission, as applicable) (all such material, collectively, the “Entry Material”) is original to you, (ii) you have all necessary rights in and to your Entry Material to enter the Contest, including the consent of any third parties whose personal information is included in your Entry Material, and (iii) your Entry Material does not contain, depict, include or involve content that is, or could reasonably be considered to be, inappropriate, unsuitable or offensive, as determined by the Sponsors;
you understand and agree that your entry, including your Entry Material, will not be returned to you and may be moderated or edited by Bark ‘n Yapp as it deems appropriate;
you grant to the Sponsors the irrevocable right to use your Entry Material in any media worldwide and for any purpose related to the Contest (or any similar contest), including the right to use, reproduce, modify, adapt, translate, or create derivative works from, your Entry Material without notification, compensation or additional consideration to you;
you waive all claims of moral rights in any use of your Entry Material by Bark ‘n Yapp pursuant to the rights granted in these Official Rules;
you agree that the Sponsors shall have the right at any time to require proof of identity or eligibility to enter the Contest; failure to provide any such proof upon request may result in disqualification;
you release and forever discharge the Sponsors, their affiliates, and subsidiaries, any other companies associated with the Contest, and all of their respective directors, officers, employees, agents, and representatives, as well as any Third Party Services, and agree to indemnify and hold harmless these parties from and against any and all claims, damages or liability, including any costs or losses related to personal injury, death, damage to or loss or destruction of property, arising out of, or in any way related to, (i) your participation in the Contest, (ii) the awarding, receipt, possession, use or misuse of any prize, in whole or in part, or any travel or activity related to any prize, (iii) the use of any Entry Material or Publicity Material (defined below) in accordance with the rights granted in these Official Rules, or (iv) any breach of these Official Rules.

9) CONTEST PRIZES

Pup Pic Participants

First Place = goods values at $100
Second Place = goods values at $50
Third Place = goods values at $25

Voters

There will be two (2) random draws available to those that vote for finalists during the Voting Period.

10) PRIZE CONDITIONS

In addition to any prize conditions provided elsewhere in these Official Rules, any prize awarded in the Contest is subject to the following conditions:

The prize may be substituted, in whole or in part, with a prize or prize component of equal or greater value if the prize or prize component cannot be awarded for any reason.
The prize must be accepted as awarded and may not be transferred, unless otherwise determined by the Sponsors. The prize may not be exactly as advertised. The prize is provided “as is” without representation or warranty of any kind by the Sponsors.
Any unused portion of the prize, once awarded, will be deemed forfeited. The prize will not be replaced if lost, destroyed, mutilated or stolen.

11) HOW WILL THE CONTEST FINALISTS BE SELECTED?

Ten (10) contest finalists will be selected based on a formula derived from the following (the “Criteria”):

During the Entry Window, all eligible entries will be put into a Facebook gallery accessible via facebook.com/barknyapp (a “Contestants Gallery”), where individuals will have the opportunity to vote on their favourite pup pic by “liking” the photograph.
Between September 5 and September 8, a committee comprised of no fewer than 4 individuals from the Sponsors will vote on their Top 10 based on the following criteria: Creativity/Originality of Entry Material (50%) and Quality of Entry Material (50%).

12) HOW WILL THE POTENTIAL WINNERS BE SELECTED?

During the Voting Period, the top ten (10) ranking entries, based on the application of the Criteria, will be put onto a contest page accessible via https://blog.barknyapp.com (a “Finalists Page”), where individuals visiting the Finalists Page will have the opportunity to vote on their favourite photograph. There is a limit of one (1) vote per person/per photograph. In the event the Sponsors suspect that an individual is tampering or attempting to tamper with the voting process, falsifying or attempting to falsify votes, automating or attempting to automate votes, or submitting or attempting to submit votes through irregular or illicit means, all as determined in the Sponsors’ discretion, the Sponsors may disqualify such individual from the Contest where such individual is a Contest entrant and/or discount any votes submitted by such individual;

The entrant associated with the photograph that receives the most eligible votes within the Voting Period will be deemed the potential Contest winner, while the entrants associated with the photograph that receives the second and third most eligible votes within the Voting Period will be deemed the second and third place potential Contest winners. In the event of a tie, a representative of the Sponsors will conduct a random draw to determine the potential Contest winners.

Each potential winner will be notified by the Sponsors using the information provided at the time of entry. In the event any potential winner does not respond to such notification within three (3) business days, declines a prize for any reason, or does not meet the requirements set forth in these Official Rules, as determined by the Sponsors, the potential winner will be disqualified and, time permitting, an alternate potential winner may be selected based on the next-ranking eligible entry, or the prize may be cancelled. The decisions of the judges are final and binding and may not be challenged in any way. There is a limit of one (1) prize per person in this Contest.

13) HOW CAN A POTENTIAL WINNER BECOME A WINNER?

To be declared a winner, a potential winner:

must correctly answer, without assistance, a time-limited, mathematical skill-testing question to be administered by the Sponsors;
must be in compliance with these Official Rules;
must sign and return, within any designated time period, a release of liability and consent to publicity form and any other documentation as reasonably required;
may be required to provide proof of identification to confirm eligibility or to claim a prize, or provide proof that he or she is the authorized account holder of any account associated with the selected entry.

14) WHAT ARE THE ODDS OF WINNING A PRIZE?

Odds of winning depend on the number of eligible entries received during the Entry Window, on the application of judging criteria, and on the number of eligible votes received by each entry during the Voting Period.

15) HOW DO I CLAIM A PRIZE?

Once a potential winner is confirmed as a winner, prize distribution will be promptly coordinated.

Except as otherwise indicated by the Sponsors, a winner must personally take delivery of the prize as instructed within thirty (30) days of being notified that such prize is available or within such other time period as may reasonably be advised.

If a winner fails to take delivery of the prize as instructed, the prize will be deemed forfeited.

16) WILL I APPEAR IN ANY PUBLICITY IF I AM A WINNER?

By accepting a prize:

you grant to the Sponsors the irrevocable right to record, photograph or otherwise capture or document you, your likeness, your voice, or any statements you make regarding the Contest or the prize, by any available means;
you agree that any such captured material, together with your biographical information, such as name or place of residence, or your Entry Material (collectively, all such materials, the “Publicity Material”) may be used by the Sponsors or their licensees, successors, or assigns (collectively, the “Publicity Parties”) in any media, whether now known or later devised, worldwide and in perpetuity, for advertising or promotional purposes related to the Contest or any similar contest. Any such use of the Publicity Material may include the reproduction, modification, adaptation, translation or creation of derivative works from your Entry Material;
you acknowledge that the Publicity Parties shall not be required to compensate you, notify you, or request your permission in connection with their use of any Publicity Material, unless otherwise prohibited by law; and
you waive any rights that you may have or that may otherwise exist in connection with any use of the Publicity Material by any of the Publicity Parties, including any moral rights in any such Publicity Material.

17) COLLECTION AND USE OF PERSONAL INFORMATION

By entering the Contest, you consent to Bark ‘n Yapp’s collection, use and disclosure of your personal information in accordance with the Privacy Policy, available at https://barknyapp.com/privacy-policy (the “Bark ‘n Yapp Privacy Policy”), for purposes of administering the Contest as described in these Official Rules.

Over the course of participating in the Contest, you may be given the option to receive commercial emails or other communications of a commercial nature (collectively, “Commercial Communications”) from the Sponsors or other parties. Should you elect to receive Commercial Communications from Bark ‘n Yapp, your personal information will be used by Bark ‘n Yapp to that end, in accordance with the Bark ‘n Yapp Privacy Policy.

Your personal information may be disclosed to a third party in the following circumstances:

in accordance with these Official Rules, or with your consent, or as otherwise permitted or required by law.

if you elect to receive Commercial Communications from a party other than Bark ‘n Yapp, Bark ‘n Yapp will disclose your personal information to that other party for that purpose;
if you are a potential prize winner, Bark ‘n Yapp may disclose your personal information to any prize supplier for purposes of prize fulfillment; and
if you have been asked to sign and return a release of liability and consent to publicity form or other documentation in accordance with the terms of these Official Rules, Bark ‘n Yapp may disclose your personal information to any interested party, such as an entity who is released from liability.

Bark ‘n Yapp’s disclosure of your personal information to another party will cause your personal information to be subject to that party’s privacy policy and practices.

18) LAWS APPLYING TO THE CONTEST

The laws of the province of Ontario apply to the Contest.

Any attempt to undermine the legitimate operation of the Contest may be a violation of criminal or civil laws. Should any such attempt be made, the Sponsors reserve the right to seek remedies and damages to the fullest extent permitted by law.

19) CANCELATION OR AMENDMENT OF THE CONTEST?

The Sponsors may cancel, modify, or suspend the Contest or amend these Official Rules for any reason whatsoever. For example, if for any reason the Contest is not capable of running as originally planned, the Sponsors may adjust any of the dates, timeframes or other Contest mechanics, or suspend or cancel the Contest.

You may not amend these Official Rules in any way.

20) DISQUALIFICATION OR BANNING SOMEONE FROM A CONTEST

The Sponsors may disqualify without notice or ban someone from the Contest or any future contest for any other reason, including if the Sponsors find that a person has:

resold or attempted to resell a prize, in whole or in part;
tampered with or attempted to tamper with, or undermined or attempted to undermine, the legitimate operation of the Contest;
provided false or misleading information;
acted in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any person; or
otherwise violated these Official Rules.

21)MISC

In the event of any discrepancy or inconsistency between these Official Rules and disclosures or statements made by the Sponsors or appearing in other Contest-related materials, these Official Rules shall govern.

If any part of these Official Rules is legally unenforceable or inapplicable, then that part will be deemed invalid; however, the remainder of these Official Rules will otherwise continue to be legally binding.

This contest is not open to residents of Quebec.