Social Media Contest Rules
Hartz Social Media Contests – Official Contest Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. Each Contest announced on any social media by The Hartz Mountain Corporation (the “Sponsor”) from time to time (each a “Contest”), whether a single event or a repeating event, shall be subject to these Official Rules.
- Eligibility: Each Contest will be held during the time period specified in a social media announcement (“Announcement”) from the Sponsor until such time as the Sponsor discontinues such Contest. To enter, entrants must be 18 years of age or older at the time of entry into the Contest and reside in the US. Entries must be posted or uploaded during the time period specified in the Announcement no earlier than 12 a.m. ET on such day, and received no later than 11:59 p.m. ET on the last day of the period so specified in the relevant posts on the Hartz® Facebook or Instagram page, or such other social media location as may be stated in the Sponsor’s Announcement. Employees of Sponsor, their respective subsidiaries, affiliates, promotion or fulfillment agencies, and any of their affiliated companies and suppliers, and immediate families and members of household (whether or not related) and their respective officers, employees and directors are not eligible to enter or win.
- Entry Requirements: each entrant must upload a photo or video of their pet (with or without people) responsive to the theme set forth in the Sponsor’s Announcement (“Submission”). All Submissions:
- Must be intended for family audience viewing and contain only content that, in the sole discretion of the Sponsor, is suitable for all persons over the age of 13;
- Must not, in the sole discretion of the Sponsor, contain, depict or involve any of the following: (i) obscenity, (ii) crude, vulgar or offensive pictures, depictions, images, language and/or symbols, (iii) gang signs or symbols, (iv) nudity, (v) with the exception of Sponsor’s products, any commercial products and/or their trademarks, brands, logos or endorsements, (vi) license plates, phone numbers, personal addresses (physical, email or otherwise), (vii) websites or web page links, (viii) derogatory characterizations of any ethnic, racial, gender or religious groups, (ix) threats to others, (x) violent acts, or (xi) contain any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by the Sponsor, in its sole discretion; and
- Must not contain any copyrighted works (other than materials owned by the entrant or the Sponsor) or any other information, content or materials that infringe the rights of any third party or violate any applicable laws or regulations.
- Prizes and Judging: One or more winning entries will be selected during the time period the Contest runs from all eligible entries received during the Contest period. A panel of judges appointed by Sponsor shall, in its sole discretion, judge each Submission based on the following criteria: originality, match to the theme, and appeal to a pet-focused audience. The winner will be announced on social media on the date indicated in the Announcement. Sponsor (or its agent) shall send notification to the winner(s) via social media within twenty-four (24) hours after the announcement of the winner. Within five (5) days of the date the notification is sent, in order to receive the Prize, the winner will be required to provide its physical address to the Sponsor. If the Sponsor does not timely receive the physical address, the Sponsor may choose an alternate winner(s). Within ten (10) days after the Sponsor’s receipt of the physical address, the winner(s) will be sent a gift bag of the Sponsor’s pet products whose value is as set forth in the Sponsor’s Announcement (“Prize”). No transfer or substitution of any Prize is allowed except by the Sponsor in its sole discretion.
- Taxes: Any tax liabilities are solely the responsibility of each winner.
- Interpretation: Sponsor shall be deemed sole interpreter of the rules and conditions governing the contest. By participating, entrants acknowledge and agree to be bound by these Official Rules and that the decisions of the Sponsor and the panel are final.
- Elimination: Any false information provided within the context of the Contest by any entrant concerning identity, postal address, telephone number, ownership of right or non- compliance with these rules or the like may result in the immediate elimination of the entrant from the Contest. Sponsor further reserves the right to disqualify any entrant that it believes, in its sole and unfettered discretion, has infringed upon or violates the rights of any third party or otherwise does not comply with these Official Rules. Return of any Prize notification as undeliverable will result in automatic disqualification, and an alternate winner will be selected by Sponsor.
- Permission and Publicity Release: By entering the Contest, each entrant grants an exclusive, worldwide, perpetual, fully-paid, royalty-free, freely transferable license to the Sponsor and its agencies to post the Submission on the Sponsor’s social media. By accepting the Prize, a winner grants an exclusive, worldwide, perpetual, fully-paid, royalty-free, freely transferable license to the Sponsor and its agencies to use, reproduce, distribute, create derivative works of, publicly perform, and publicly display the winning Submission and the winner’s first name, city, state, portrait, picture, voice, likeness, image, and statements about the Submission for all purposes in any and all media now known and later devised, without further notice, review, consent or compensation, except where prohibited by law. Each winner waives all claims that it may have to its moral rights in its Submission.
- Indemnification: Each entrant certifies that their Submission is original, that they are the sole and exclusive owner and right holder of the Submission and that they have the right to submit the Submission in the Contest. Each entrant agrees to indemnify and hold the Sponsor, their subsidiaries and affiliates and their respective directors, officers, employees, agents and assigns, harmless against any and all claims, costs, damages, attorneys’ fees, expenses, any amounts and any liability arising out of acceptance, use or misuse of the Prize, which indemnity shall survive indefinitely.
- General Rules: Sponsor reserves the right at any time to modify, change or revise any of these Official Rules. This Contest is void where prohibited, taxed or restricted by law. All federal, state and local laws and regulations apply.
- Severability: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Each entrant understands that Sponsor is relying on this Agreement and will incur significant expense in reliance on this Agreement, and each entrant agrees that this Agreement cannot be terminated, rescinded, or modified, in whole or in part.
- Limitations of Liability: The Sponsor assumes no responsibility for any technical malfunctions that may occur during participation in the Contest or any Contest-related activity. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing (including, without limitation, any such problems which may result in the inability to access social media or the website(s)). The Sponsor are not responsible for any injury or damage to entrants or any other person, or to any computer related to or resulting from participating in the Contest. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest in whole or in part (including, without limitation, any Contest date or deadline) and select winners from among those eligible entrants from that portion of the Contest that has not been compromised, if any.
- Jurisdiction and Venue: Except where prohibited, as a condition of participating in the Contest, each entrant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Contest, or any Prize awarded, or the determination of winners shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will any entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-pocket expenses (e.g., costs associated with entering this Contest), and each entrant further waives all rights to have damages multiplied or increased. All issues, questions, rights and obligations of entrant in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of New Jersey, U.S.A., without giving effect to the conflict of laws rules thereof and any matters or proceedings as set forth in these Official Rules, shall take place in the County of Hudson, New Jersey. The parties waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or this Contest.
- Social Media: The Contests are in no way sponsored, endorsed, administered by or associated with Facebook. The Contests are in no way sponsored, endorsed, administered by or associated with Instagram. The Contests are in no way sponsored, endorsed, administered by or associated with Twitter. To the fullest extent permitted by applicable law, each entrant hereby (i) irrevocably waives all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims“) arising directly or indirectly from the Sponsor’s exercise of its rights under this Agreement or the production, exhibition, exploitation, advertising, promotion, or other use of the Submission and the rights granted in Section 8, and whether resulting in whole or in part by the negligence of Sponsor, Facebook, Instagram, Twitter or any other person (“Authorized Persons”), (ii) covenants not to make or bring any such Claim against any Authorized Persons, and forever releasesand discharge the Authorized Persons from liability under such Claims.
- Winner’s List: To obtain the name of the Winners, send a self-addressed, stamped envelope to the Sponsor.
IN NO EVENT WILL THE SPONSOR BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS), ARISING OUT OF OR IN CONNECTION WITH THE CONTEST.
Sponsor: The Hartz Mountain Corporation, 400 Plaza Drive, Secaucus, NJ 07094, Attention: Marketing Department.