TERMS AND CONDITIONS
NO PURCHASE NECESSARY TO ENTER OR WIN. OPEN ONLY TO RESIDENTS OF THE UNITED STATES.
The 50 Shades of Spay Facebook Contest and Giveaway ("Contest/Giveaway") is sponsored by Found Animals Foundation, Inc., a California non-profit organization ("Found Animals" or "Sponsor").
2. Award Period.
Award period begins at 12:00:01 a.m. P.S.T. on Tuesday, January 27, 2015 and ends at 11:59:59 p.m. P.S.T. on Monday, March 9, 2015. Submission/posting of photos will be accepted from 12:00:01 a.m. P.S.T. on Tuesday, January 27, 2015 to 11:59:59 p.m. P.S.T. on Saturday, February 28, 2015 (“Photo Submission Period”).
3. To Enter.
To be eligible, entrant(s) must meet every requirement listed below (including “Eligibility” below):
a) Entrant(s) must be a 501(c)(3) organization or municipal agency (and provide proof), and must provide at least 1,000 low cost* or subsidized spay/neuter surgeries to publicly owned animals each year (*based on the prevailing cost of spay/neuter surgeries in the available market);
b) Entrant(s) must complete the form: https://docs.google.com/forms/d/1m-3m0Bng_ywpqjljg83kEXljIWZCaA7IulAqogyFS0o/viewform, which includes a requirement for entrant(s) to submit a short essay on why the entrant(s) should be the winner of the Contest, and this must be done prior to submitting/posting photos;
c) Entrant(s) must follow Sponsor on Facebook; and
d) On Facebook, entrant(s) must post at least five (5) different, original photographs during the Photo Submission Period that show the range of pets and people the entrant(s) serve(s). Each post must tag Sponsor by typing “@Found Animals” and use the hashtag #50ShadesofSpay.
LIMIT: ONE ENTRY PER ORGANIZATION, PERSON, EMAIL ADDRESS, AND FACEBOOK USER NAME. Only the first eligible entry (see "Eligibility" below) received from an organization, person, email address, and/or Facebook user name will be eligible to receive one of the prizes. Sponsor and its advertising and promotions agencies are not responsible for any problems of any kind whether mechanical, human or electronic, including, but not limited to, computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, or service provider/Internet/web site/use net accessibility or availability, traffic congestion, or unauthorized human intervention. Sponsor reserves the right to suspend or terminate any giveaway in the event of any such problem. Award entries and all responses and information contained therein become and will remain the property of Sponsor. E-MAIL CHANGE OF ADDRESS POLICY: It is your sole responsibility to notify Sponsor in writing if you change your e-mail address. (To do so: write to: email@example.com).
Five (5) eligible entrants (see both “To Enter” above and "Eligibility" below) will be selected to receive one (1) cash prize worth Two Thousand Five Hundred United States Dollars ($2,500.00) sent via first-class mail by Tuesday, March 31, 2015 to the mailing address provided by the winner(s). Four (4) winners of the Contest/Giveaway will be selected by Found Animals staff based on how compelling and original the essay is on why the entrant is the most deserving winner. One (1) winner of the Contest/Giveaway will be selected by the public based on most liked/shared photo on Facebook. Federal, state and local taxes payable on any prizes awarded are the responsibility of each winner.
Sponsor is a private foundation, and Sponsor must document that the prize winners will use the Prize for a charitable or educational purpose. Sponsor asks that prize winners use the Prize exclusively to carry out the prize winners’ charitable purpose(s). Prize winners must not use any of the Prize to influence legislation, to influence the outcome of any election, or to carry on any voter registration drives.
5. Odds of Winning:
Odds of winning depend on the number of eligible entries received.
6. Awarding of Prizes.
The winner(s) will be notified via Found Animals’ Facebook with the winner tagged (the "Notification") by 5 p.m. P.S.T. on Monday, March 9, 2015.
To enter, you must be at least 18 years old and be a resident of the United States of America or a U.S. territory. All applicable federal, state and local laws and regulations apply.
A. The Contest/Giveaway is governed by these Official Rules. By participating, entrants agree to abide by these Official Rules and understand that all decisions regarding the contest including, but not limited to, determination of eligibility and winner selection, will be made by Sponsor, in its sole and absolute discretion, whose decisions shall be final and binding in all respects. Sponsor is not responsible for (i) lost, late, delayed, misdirected, unintelligible or incomplete electronic mail; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties; (iii) errors in transmission; (iv) any condition caused by events beyond the control of the Sponsor which may cause the contest to be disrupted or misused; or (v) any inaccurate information caused by any reason, including, without limitation, the Found Animals website, users, equipment, or human or technical errors relating to the submission of entries.
B. By participating in the Contest/Giveaway, you agree to release and hold harmless Sponsor, its clients, and promotional and advertising agencies, the entities whose names or brands appear in any contest survey, Facebook, and all of their respective officers, directors, shareholders, employees, affiliates, representatives and agents from any and all losses, damages, rights, claims, actions and proceedings of any kind arising out of or relating to the contest or resulting from acceptance, possession, use, or misuse of any prize, including, without limitation, personal injuries, death, and property damage, and any claims based on publicity rights, defamation, or invasion of privacy. IN NO EVENT WILL SPONSOR, ITS CLIENTS, PROMOTIONAL AND ADVERTISING AGENCIES, FACEBOOK OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE FOR DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO YOUR USE OF THE FOUND ANIMALS WEB SITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE FOUND ANIMALS WEB SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS OFFERED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. THIS CONTEST/GIVEAWAY IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK.
C. Any and all disputes, claims and causes of action arising out of or connected with the Contest/Giveaway, including, without limitation, relating to any prizes awarded or not awarded, shall be resolved individually, without resort to any form of class action, and exclusively by binding arbitration in Los Angeles, California by a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the contest, but in no event attorneys' fees.
D. The Contest/Giveaway may be modified, canceled, terminated or suspended in whole or in part without prior notice for any reason, including, without limitation, computer virus, bugs, non-authorized human intervention, mechanical or electronic problems or other causes beyond the control of Sponsor which corrupt or impair the administration, security, fairness or proper play of the Contest/Giveaway. In the event of early termination of the Contest/Giveaway, prizes will be awarded among the eligible entries received through the date on which the Contest/Giveaway is terminated to the extent practicable, as determined by Sponsor in its sole discretion.
E. At Found Animals’ discretion, entries including unsuitable content, sexually explicit or inappropriate content, cruelty or harm to animals, descriptions of animals or people in unsafe conditions, or content that is in violation of third party rights (including, but not limited to, copyrights) will be immediately disqualified. Found Animals retains sole discretion as to what constitutes unsuitable content and will not be liable in any way for disqualified entries. Entrants will not be notified if their entry is disqualified. All entrants agree that Found Animals’ decisions are final, binding and are not open to challenge.
F. Offer void where prohibited and subject to all applicable federal, state and local laws.
9. Warranties and Permissions.
A. You hereby grant, or warrant, that you are the creator and copyright owner of all content used in your entry (the "Content") or that you have acquired all rights necessary (including without limitation any permissions for individuals featured in Entry photographs) and will allow Found Animals to use the Content as described here and in the Contest/Giveaway, and that you grant to Found Animals a royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Content. In the event an entry is found to violate any warranty or permission, Found Animals reserves the right to remove or modify such entry and disqualify it from the contest at any time.
B. You understand and acknowledge that Found Animals does not agree to treat your entry as secret or confidential. Accordingly, as a condition of entering, you release Found Animals and its employees, officers and directors and volunteers from any and all claims, liability or causes of action arising from or related to the Content, and you will not be entitled to any compensation from Found Animals with respect to your entry or the Content other than as provided to winner(s) of the Contest/Giveaway. You also release Found Animals and its employees, officers, and directors and volunteers, Found Animals’ advertising and marketing agencies and the officers, directors, employees, consultants and advisors of them ("the Release Parties") from any and all claims of any nature arising from this Contest/Giveaway, your entry, the Content and the use of the Content in any manner by any person. You agree to defend, indemnify and hold the Release Parties harmless from any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your participation in the Contest/Giveaway. You give full consent to Found Animals to use the Content and your name in products and in all forms of advertising, promotional, editorial, marketing and collateral materials, specifically including but not limited to displaying your entry on Found Animals’ website, websites operated by Found Animals’ marketing partners or any other third party, without additional compensation or permission, except where prohibited by law. You warrant that you have all necessary rights and permissions in the Content to allow Found Animals to exercise the rights granted herein without infringing upon the rights of third parties.
10. E-mail address.
Sponsor will be collecting contact information about the winning entrant via electronic mail, in accordance
Contest/Giveaway winning entrant hereby agrees to Sponsor’s collection and usage of his or her email address and
our database after having opted-in to provide us your information, just contact us via email at
firstname.lastname@example.org, and we will accommodate your request.
11. Winner(s) List.
To receive a list of the winner(s), send an e-mail request to [email@example.com]. Or send a self-addressed stamped envelope to Found Animals Foundation, Inc., P.O. Box 66370, Los Angeles, California 90066, Attention: Legal/50 Shades of Spay Giveaway.