Here’s To The Underdogs LCM Subaru Pet Photo Contest – Official Rules
Updated October 26, 2023
NO PURCHASE NECESSARY TO ENTER OR WIN. The Here’s To The Underdogs LCM Subaru Pet Photo Contest (the “Promotion”) is sponsored by Lancaster County Motors (“LCM”). Promotion is only offered within the Pennsylvania counties of Dauphin, Berks, Lancaster, and York (the “Promotion Area.”) Void outside Promotion Area and where prohibited.
Promotion is subject to all federal, state and local laws. LCM shall be entitled to interpret these Official Rules as needed — including but not limited to rules regarding entries, deadlines, winner selection, prize restrictions, and eligibility — and all of its decisions are final. By entering, each entrant irrevocably, fully and unconditionally agrees to be bound by these Official Rules and waives any right to claim ambiguity in these Official Rules and or any other Promotion-related advertising or materials.
Promotion begins on October 20, 2023 at 8:00am Eastern Time. Final entry deadline is November 9, 2023 at 11:59 pm Eastern Time. LCM’s computer is the official time-keeping device for this Promotion.
This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants are providing information to LCM and not to Facebook. The information entrants provide will only be used for administration of the Promotion and as otherwise set forth in these Official Rules. Any questions that entrants have about this Promotion must be directed to LCM and not to Facebook.
Limit of one photo entry per person, family, and mailing address for the duration of this contest. Multiple entries from the same household will be voided; IP addresses are recorded. LCM is the sole judge of which entries will be voided as a result of multiple entry submissions from the same household/IP address.
ELIGIBILITY
To be eligible, each entrant must be at least eighteen (18) years old and a legal resident of the Promotion Area (above).
Officers, directors, members and employees of LCM, any prize supplier or any entity directly involved in the development or administration of this Promotion, and the members of their immediate families (defined as spouse, parents, siblings or children) and households (whether or not related), are not eligible to enter or win. The term “household” includes all persons residing (full-time or part-time) together in a single residence, whether or not related.
In addition, each household is limited to one (1) prize valued at up to $600 in any LCM-sponsored prize promotion in any sixty (60) day period and to one (1) prize valued at $600 or more in any LCM-sponsored prize promotion in any twelve (12) month period. Any winner who wins prizes with cumulative value equal to or greater than $600 in a calendar year will receive IRS 1099 Form.
PRIZES
Prizes to be awarded:
(1) Grand Prize: a $250 Visa gift card. ARV: $250.
(1) Second Prize: a $100 Visa gift card. ARV: $100.
PRIZE RESTRICTIONS
All prize details shall be at LCM’s sole discretion. Winner assumes sole responsibility for all expenses and incidental costs associated with the prize not explicitly outlined above, including without limitation, all federal, state and local taxes (if any), any other taxes, fees, surcharges, lodging, transportation, tips, gratuities, parking, souvenirs, concessions, meals, snacks, beverages, upgrades, and incidentals.
Prize is not redeemable for cash. Prize or portion thereof not accepted by winner is forfeited and no cash substitute will be offered or permitted. The right to receive any prize is not transferrable. Prize may not be substituted.
Prize offered is provided “as is” with no warranty or guarantee either express or implied by LCM. LCM has neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to prize. Other restrictions apply.
TO ENTER
This contest is divided into two phases: the “submission” period and the “voting” period.
From October 20, 2023 at 8:00am EDT, until November 2, 2023 at 11:59pm EDT, entrants may submit photos of their “cutest pet” to the online contest. To enter, visit https://woobox.com/87njmo (the “Promotion Page”) and follow the instructions to complete an official entry form via the contest application with all required information, which may include name, address, telephone number, e-mail address, and date of birth or age. All entries must include a photo submission. Entries will not be accepted via any other method. Only submissions that follow the instructions on the Contest Form and received by the contest software will count for this contest. Limit of one entry/photo per person for the duration of the contest. Once submitted, the entry is final, and cannot be edited.
From November 3, 2023 at 12:00am EDT until November 9, 2023 at 11:59pm EDT, viewers will visit the contest page and vote for their favorite submission. Limit of one vote per IP address per day. At its sole discretion, LCM reserves the right to void any entry that receives suspicious voting patterns.
All entries must include a pet in the picture as the prominent focus of the picture. The contest has an “underdog” theme, but other household pets such as cats can be submitted. Submissions without pets shown as the focus of the picture will be voided. At its sole discretion, LCM reserves the right to void any entry that is deemed to be not in the spirit of this photo contest.
All submissions must be received by the contest software no later than November 2, 2023 at 11:59 pm Eastern Time, and all votes must be received by November 9, 2023 at 11:59pm Eastern Time. Proof of sending is not proof of receipt by LCM. LCM will not accept screen shots as proof of entry.
Any use of robotic, repetitive, automatic, programmed, script, macro, or any other automated means or similar entry methods or agents (including, but not limited to, contest-entry services or multiple or different e-mail addresses, identities, registrations, Facebook accounts, or logins) are prohibited and will void all entries submitted by that entrant. No group submissions will be accepted.
Entries must include a valid e-mail address for the entrant, as well as a valid mailing address for the entrant that matches their photo identification and shows the entrant as a valid resident of the defined Promotion Area. LCM is not responsible for electronic communications that are undeliverable as a result of any form of passive or active filtering of any kind. In the event of a dispute as to the identity or eligibility of a winner based on a Facebook account or e-mail address, the entry will be deemed made by the “Authorized Account Holder” of the Facebook account or e-mail address used for entry. The Authorized Account Holder is the natural person who is assigned to the e-mail address or Facebook account by the relevant Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the corresponding domain or by Facebook.
Entrants who fail to provide any required information may be disqualified without further notification by LCM. LCM is not responsible for entries that are lost, misdirected, garbled, distorted, truncated, incomplete, illegible, incorrect or late for any reason, and all such entries are void. LCM reserves the right in its sole discretion to disqualify any entry at any time that in its opinion does not comply with these Official Rules. Entries become the property of LCM and will not be returned or acknowledged.
The information that you provide in connection with the Promotion may be used by LCM in accordance with its Privacy Policy, which is found at https://www.lancastercountysubaru.com/privacy.htm and which may be updated from time to time.
SELECTION, NOTIFICATION AND VERIFICATION OF WINNER
On or around November 10, 2023, LCM will declare a winner of the contest based on the eligible entry that received the most votes. Additionally, a second prize winner will be chosen from the submission that received the second-highest number of votes.
Limit one entry per person. Multiple entries will be voided. Once submitted, all submissions are final.
LCM will contact potential winner in accordance with the information supplied to LCM on his or her entry form. Winner must respond to initial notification within forty-eight (48) hours and may be required to present valid photo identification, signed affidavit or declaration of eligibility, liability release, publicity release (where legal), tax forms and/or other legal documents to LCM and claim prize no later than (7) days after initial notification. LCM in its sole discretion may allow transmission of verification documents via fax or e-mail. Winner must pick prize up in person at the LCM Subaru dealership at 1705 Main Street, Lancaster PA 17601 on a non-holiday weekday during regular business hours.
In the event that potential winner (a) cannot be contacted directly by, or does not respond to, LCM within forty-eight (48) hours of initial attempted notification, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, (d) or is otherwise determined to be ineligible, LCM in its discretion may disqualify that individual. LCM will require the viewer to communicate via phone and acknowledge their win.
LCM may, in its sole discretion, post the verified winner’s name on the Promotion Page and/or any of LCM’s websites, including http://www.lancastercountymotors.com and on related websites and social media platforms.
PUBLICITY RELEASE
By accepting a prize, winner agrees to award LCM the right to publicize his or her name, photographs (including the use and appearance of winner’s photograph on LCM’s websites), likeness, biographical information, e-mail address, voice and details of winning for purposes of this and future promotions without further compensation, except where prohibited.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
By entering, each entrant agrees that LCM or any other company involved in the development or administration of this Promotion, and a range of subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, prize suppliers, officers, directors, employees and related persons (collectively, “Released Parties”): (a) are not responsible for technical failures of any kind, including but not limited to lost, disconnected, interrupted, or unavailable network, server, or other connections, late, lost, undeliverable, damaged or stolen mail, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, or for entries that for any reason are not received by LCM by any deadline stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by entrants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Promotion or in the printing of this offer, administration of this Promotion, or in the announcement of the prize; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this Promotion or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Promotion; (e) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Promotion, the acceptance of entries, the selection of winner, the prize or otherwise in any Promotion-related materials; (f) are not responsible for any unauthorized third party use of any entry; (g) are not responsible for the inability to select winner because of postal failure, equipment failure, or data storage failure; and (h) are released from any and all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, arising in whole or in part directly or indirectly, from participating in the Promotion (in whole or in part), the use (including modification, adaptation, and reproduction) of entry materials during or after the Promotion, and the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of any prize.
RELEASED PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO ANY PRIZE. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE PROMOTION OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF ANY PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE PROMOTION OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PROMOTION. RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE PROMOTION, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.
BY ENTERING THE PROMOTION AND/OR ACCEPTING A PRIZE, you AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, REDEMPTION, USE OR MISUSE OF PRIZE, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY, USE BY A RELEASED PARTY OF ANY ENTRY, PARTICIPATION IN THE PROMOTION, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
MISCELLANEOUS
LCM reserves the right to cancel, suspend or terminate this Promotion or any part thereof, in the event that LCM determines, in its sole discretion, that the security, administration, fairness and/or operation of the Promotion has been corrupted or impaired by any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or any other cause beyond LCM’s control. In such an event, LCM will post notice of same at the Promotion Page and select the winner by conducting a random drawing from among all non-suspect entries received prior to the suspension, cancellation or termination of the Promotion or in such other manner as LCM, in its sole discretion, deems fair and appropriate under the circumstances.
LCM reserves the right to disqualify any individual from further participation in the Promotion if LCM concludes, in its sole discretion, that such person (a) has attempted to tamper with the entry process or other operation of the Promotion, (b) has repeatedly disregarded or has attempted to circumvent these Official Rules, or (c) has acted towards LCM or any other entrant in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Tampering includes attempting to enter more than the number of times permitted herein, including through the use of any prohibited device or method. Any failure by LCM to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.
ANY ATTEMPT BY ANY INDIVIDUAL TO DEFRAUD, TAMPER WITH, OR DELIBERATELY UNDERMINE, THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND LCM RESERVES THE RIGHT TO PURSUE ANY AVAILABLE DAMAGES OR REMEDIES AGAINST SUCH INDIVIDUAL AND/OR REFER SUCH MATTERS TO LAW ENFORCEMENT FOR PROSECUTION TO THE FULLEST EXTENT PERMITTED BY LAW.
All activity arising out of and relating to the Promotion, including any reference to an entrant’s status as a “winner,” is subject to verification and/or auditing for compliance with the Official Rules. If LCM determines, in its sole discretion, that verification or auditing activity evidences non-compliance of an entry and/or entrant with the Official Rules, LCM reserves the right to disqualify such entry and/or entrant from the Promotion and any prize at any time. LCM reserves the right to conduct a background check on any or all potential winners and to disqualify any individual based on such background check if LCM determines in its sole discretion that awarding a prize to any such individual might reflect negatively on LCM. Each entrant agrees to cooperate with LCM and its representatives in connection with any and all verification, auditing and/or background check activities.
LCM reserves the right to correct typographical, printing or clerical errors in any promotion-related materials. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, LCM reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.
DISPUTES
By entering the Promotion, each entrant agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with the Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys’ fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages other than actual out-of-pocket expenses. Some jurisdictions do not allow for limitations on the ability to pursue class action remedies, or certain kinds of damages, and so these limitations may not apply to you.
In the event of any discrepancy or inconsistency between any terms or conditions of these Official Rules and any disclosures or other statements contained in any other Promotion-related materials, including but not limited to the Promotion entry forms, or point of sale, television, print, mobile or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants or Released Parties in connection with the Promotion, shall be governed by Pennsylvania law, without giving effect to any choice of law rules that would cause the application of the laws of any jurisdiction other than Pennsylvania. Each entrant expressly agrees that any legal proceedings arising out of or relating in any way to this Promotion or these Official Rules shall be brought only in the federal or state courts located in Dauphin County, Pennsylvania, and each entrant consents to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.
In the event that any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
TRADEMARKS
Facebook is not a sponsor of this Promotion. Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks in these Official Rules or in the Promotion is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Promotion.