7x7 Dog Poll Contest Official Rules
1 NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. READ SECTION 6, REPRESENTATIONS AND WARRANTIES, FOR IMPORTANT INFORMATION REGARDING YOUR PHOTO SUBMISSION.
2 SPONSOR: The sponsor of the Contest is McEvoy Media LLC through its publication 7x7.com ("Sponsor"), 680 Second Street, San Francisco, CA 94107.
3 PROMOTION PERIOD: The Contest begins on March 1, 2012 and ends on April 2, 2012 ("End Date").
4 ELIGIBILITY: The Contest is open only to residents of the 50 United States of America or the District of Columbia who are 18 years of age or older at time of entry. Employees of Sponsor, its prize providers and licensors, and each of the foregoing entities' affiliates, authorized designees and other related entities, and any other individual or entity associated with the development, judging or administration of the Contest (collectively, the "Promotion Entities"), as well as members of such employees' immediate families (spouses, children, siblings, parents), and persons living in the same household as such persons, whether or not related, are not eligible to participate in the Contest..
Proof of submission is not considered proof of delivery to or receipt of such entry. Furthermore, Sponsor shall have no liability for any Submission that is lost, intercepted or not received by Sponsor. Sponsor is the official time keeper for the Contest. All entry information and materials, including any copy of the Submission submitted to Sponsor, become the property of Sponsor and will not be acknowledged or returned. There is no limit on the number of entries per person.
6 REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION: Each person who enters the Contest represents and warrants as follows: (a) the Submission is the entrant's own original work; (b) the Submission does not contain any harmful computer code and is not otherwise corrupted; (c) as of the date of submission, the Submission is not the subject of any actual or threatened litigation or claim; (d) the entrant owns or controls the necessary legal and intellectual property rights in its Submission (including, without limitation, the copyright in the Submission itself and all other copyrightable subject matter reproduced or used in connection with the Submission and the publicity rights for anyone who is recognizable in the Submission) in order to make the grant of rights, licenses, and permissions that the entrant has made herein, and that the exercise of such rights, licenses, and permissions by Sponsor, including, but not limited to, publication on its website, shall not violate or infringe the rights of any third party; (e) the Submission does not and will not violate any applicable laws, is not and will not be defamatory, obscene, or hate speech, and does not portray indecent behavior, profanities or obscenities; and (f) the Submission does not in any way disparage persons or organizations associated with Sponsor or their products or services. Each entrant hereby agrees to indemnify and hold the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the covenants, representations and warranties of entrant hereunder.
7 GRANT OF RIGHTS: By making a Submission in connection with the Contest, each entrant into the Contest hereby (a) irrevocably grants to Sponsor and its affiliates, and their respective successors and assigns, a non-exclusive, transferable, fully-paid, royalty-free, worldwide, perpetual, license, including the unlimited right to sublicense, use, copy, edit, modify, alter, transcode, adapt, translate, publicly perform, publicly display, store, reproduce, transmit and distribute the Submission by means of any and all media and devices whether now known or hereafter devised, including, without limitation, on the 7x7 website; and (b) agrees to assign all right, title, and interest in and to their Submission to Sponsor if such Submission is selected as one of the top Submissions; and (c) agrees to execute all further documents respecting the Submission requested by Sponsor, including any further license or assignment, in order for Sponsor to use the Submission as contemplated by the Contest. Each entrant irrevocably waives any and all so-called moral rights they may have in the Submission. For clarity, Sponsor has the right (but not the obligation) to publish any Submission on the 7x7 website.
8 PRIZES: The winner will receive Honorary Inclusion in 7x7 Hot 20 Issue, $100 SF SPCA Gift Card, SF SPCA Dog Training Class, SF SPCA Prize Pack, A Pet Portrait Session with Nuena Photography, and be an Honorary Judge at The Whole Enchihauhua, in May 2012 . The approximate retail value (“ARV”) of the prize is $3380. Prizes will be delivered only to an address in the United States. No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prizes are unavailable, in whole or in part, for any reason. Dates subject to availability. Restrictions and blackout dates may apply. Minor must be accompanied by parent or legal guardian. Winners are solely responsible for any and all costs and expenses not specified herein as being awarded, including, without limitation, ground transportation, meals, spa services, gift shop purchases, incidentals, telephone calls or other personal expenses or hotel charges incurred. WINNERS ARE RESPONSIBLE FOR REPORTING AND PAYING ANY AND ALL INCOME, SALES OR EXCISE TAXES THAT MAY APPLY TO ACCEPTING PRIZES; SPONSOR IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES.
9 ODDS: Many will enter, only one (1) will win. The odds of winning depend upon the number of eligible entries received. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
10 WINNER SELECTION; JUDGING CRITERIA: A panel of one or more judges will select 50 (fifty) photographs to enter the first round of reader voting based on the following criteria: Overall Appearance. On March 8, 2012, those top 50 (fifty) dog photographs will be announced and posted on the 7x7 website for reader voting. The top twenty-five (25) vote receiving dog photographs from the first round of reader voting will then be announced and posted on or about March 15, 2012 for a second round of reader voting. Readers will then vote for the cutest dog overall from those twenty-five (25) dog photographs. The top seven (7) vote receiving dog photographs from the second round of reader voting will then be announced and posted on or about March 22, 2012 for a third round of reader voting. Readers will then vote for the cutest dog overall from those seven (7) dog photographs.
The photograph that receives the most reader votes in the final round of voting will win the prize. The Judging Criteria are to be applied in the sole discretion of Sponsor and the individual judges. By entering the Contest, entrants acknowledge that such evaluations may differ from person to person and agree to be bound by and not challenge the final decisions of Sponsor and the individual judges. In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited and awarded to an alternate winner. No more than the advertised number of prizes will be awarded.
11 NOTICE TO WINNER: Attempts to notify potential winners will be made using the e-mail address used to send the Submission. Sponsor is not responsible for e-mail, telephone or other communication problems of any kind. If, despite reasonable efforts, a potential winner does not respond within seven (7) days of the first notification attempt (or such shorter time as exigencies may require), or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected.
12 VERIFICATION OF WINNERS: Potential winners may be required to execute a Submission license or assignment, affidavit of eligibility, liability release, and (where imposing such condition is legal) a publicity release (collectively, "Prize Claim Documents"). If any potential winner fails or refuses to sign and return all Prize Claim Documents within seven (7) days of prize notification (or such shorter time as exigencies may require), the winner may be disqualified and an alternate winner may be selected.
13 Acceptance of a prize constitutes winner’s permission for the Promotion Entities to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Entrants agree that the Promotion Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by accessing the 7x7 website or otherwise participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the 7x7 website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures, or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that 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.
14 All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants and Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of laws rules or provisions. Any legal claims arising out of or relating to the Contest or these Official Rules must be brought in the federal or state courts located in San Francisco, California.
15 To obtain any legally-required winners list (after the conclusion of the Contest) or a copy of these Official Rules, send a self-addressed envelope with the proper postage affixed to: 7x7 Magazine, 680 Second Street, San Francisco, CA 94107. Please specify "winners list" or "Official Rules" and the name of the Contest in your request.