PHOTO CONTEST
OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. PARTICIPATION IN THE PHOTO CONTEST IS RESTRICTED TO INDIVIDUALS, 18 YEARS OF AGE OR OLDER AT TIME OF ENTRY. ACCESS TO THE INTERNET IS REQUIRED TO PARTICIPATE
I. ELIGIBILITY: the “Photo Contest” or “Promotion” is open only to legal residents of the fifty (50) United States and the District of Columbia, who are eighteen (18) years of age and older at time of entry. Officers, directors and employees of Loyal Biscuit Co (Co-Sponsor), State 23 Media, LLC (each a Co-Sponsor, collectively, the “Co-Sponsors”; State 23 Media is also the “Lead Sponsor”) and each of their respective parent, subsidiary and affiliated companies, sales representatives, advertising, promotional and judging agencies, persons engaged in the development, production or distribution of materials for this Promotion (collectively, “Photo Contest Entities”), and members of the immediate families (defined for these purposes as including spouse, parents, grandparents, children, grandchildren, siblings, and each of their respective spouse) or households (whether related or not) of any of the above, are not eligible to participate in the Promotion. The Photo Contest is subject to all applicable federal, state, and local and international laws and regulations, and is void where prohibited by law.
II. PHOTO CONTEST PERIOD: The Photo Contest begins Friday October 1, 2021 at 12:00 PM Eastern Standard Time and ends Friday Thursday 21, 2021 at 4:00 PM (“Entry Period”). The computer clock of Lead Sponsor’s web-master is the official timekeeping device of the Photo Contest.
III. HOW TO ENTER THE PHOTO CONTEST: During the Photo Contest Entry Period, an individual (“Participant” or “you”) is invited to visit:
TKTK
to register your complete Full Name, email, a photo of your dog, a caption and then click on “Enter” to complete your registration. This information and imagery may be used for any marketing purposes by the Co-Sponsors. Upon completion of entry, each Participant is automatically entered into the Photo Contest. There is no limit to how many unique entries a participant may submit.
| By submitting photos to the Photo Contest, you confirm that for each photo submitted |
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By entering, you acknowledge compliance with these Official Rules, including all eligibility requirements, and Terms and Conditions of the Lead Sponsors’ Website, as applicable. The Lead Sponsor reserves the right to disqualify any entry that it determines, in its sole discretion, has violated any provision of these Official Rules as applicable, and its decisions in this regard is final. Proof that you entered the Photo Contest online does not constitute evidence that it was received by the appropriate deadline. Participants waive all rights and remedies at law or in equity for any claim they may have relating to this Photo Contest as a condition to receive any prize for which a Participant may be eligible to win. Incomplete entries are void. All entries and information become the property of the Lead Sponsor and will not be acknowledged or returned. In the event of a dispute as to any entry, the authorized account holder of the email account used to enter will be deemed to be the Participant. The "authorized account" holder is the natural person assigned the email account by email. Potential winner may be required to show proof of being the authorized account holder.
IV. WINNERS, JUDGING AND NOTIFICATION: Prize Winners will be selected by a panel of judges derived from the Co-Sponsors’ employees, and in one instance by a poll of users on Instagram, drawing from all eligible entries, or, in the case of the Instagram poll, a curated selection of sixteen (16) entries reviewed by the Co-Sponsors, received during the Photo Contest Entry Period. A number of prizes will be awarded at the Co-Sponsor’s discretion based upon quantity and quality of entries. The Co-Sponsor’s decisions are final and binding on all matters relating to the judging and assignment of prizes. The potential Winners are notified by the email used in the Photo Contest Entry. If any potential Winner cannot be contacted within two (2) days of notification, rejects the prize, or whose phone provider indicates that the email is invalid or unable to receive the communication (even if ultimately delivered thereafter), the Prize will be forfeited, and an alternate Winner will be selected.
V. PRIZES (“Prizes”): The number and value of the Prizes to be distributed to Winners is the sole discretion of the Co-Sponsors and dependent on the number of eligible entries received.
VI. ODDS OF WINNING: The odds of winning will depend on the number of eligible entries received. Many will enter, some will win.
VII. CONDITIONS OF PARTICIPATION: By entering, all winners consent to the use of their name, image, likeness, photograph, voice and biographical material for advertising, publicity and promotional purposes by Co-Sponsors or a party designated by them, in any and all media now or hereafter known including but not limited to, any online announcements, or for sharing this information with the press for viewing, whether TV or print, throughout the world, in perpetuity, without additional compensation, notification or permission, except where prohibited by law. By entering, Participants and Winners release and hold harmless Released Entities from any claims, actions, injury, loss or damage of any kind, including but not limited to, personal injury or death, resulting from participating in this Promotion or from the acceptance, possession, use or misuse of any Prize awarded or participation in any Prize-related activity.
VIII. GENERAL PRIZE TERMS & CONDITIONS: If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if any potential Winner declines the Prize for any reason prior to award, such potential Winner may be disqualified, even if the disqualified potential Winner’s name may have been shown/announced online, an alternate potential Winner may be selected at the discretion of the Lead Sponsor. The ARV of Prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the Prize is awarded or redeemed. No cash equivalent will be awarded in lieu of Prizes and all Prizes are non-transferable; no substitute prizes will be made except as provided herein at the Co-Sponsors’ sole discretion. Co-Sponsors reserves the right to substitute a Prize for one of equal or greater value if the designated Prize should become unavailable for any reason.
IX. OPT-IN AND PRIVACY: By participating, Participants consent for the Lead Sponsor to obtain, use, and transfer a Participant’s name, address and other information for the purpose of administering this Sweepstakes. All information submitted to the Lead Sponsor as part of this Sweepstakes will be treated in accordance with the Lead Sponsor’s; privacy policy, available at
https://www.themainemag.com/press/privacy-policy/
Participant may receive future e-mails from the Co-Sponsors.
X. ENTRY ERRORS/TAMPERING: Co-Sponsors are not responsible for: (i) electronic or digital transmissions or any entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, postage-due or misdirected; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures, destruction or unauthorized access to, or alteration of, entries; (iii) failed or unavailable hardware, network, software or telephone transmissions, damage to entrants’ or any person’s computer and/or its contents, or causes beyond Co-Sponsors’ reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Photo Contest; (iv) any entries submitted in a manner that is not expressly allowed under these rules; (v) incorrect or inaccurate entry information whether caused by Participants or by any of the equipment or programming associated with or utilized in the Photo Contest, (vi) any typographical or other error in the printing or advertising of the offer, administration or execution of the Photo Contest, or in the announcement of prize/prize Winners; or (vii) malfunctions or interference resulting from illicit, malicious or injurious code (including but not limited to viruses, worms and denial of service attacks). If for any reason the Photo Contest cannot be executed as planned, including but not limited to transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Co-Sponsors that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Photo Contest, or if the Photo Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, Co-Sponsors reserve the right to cancel, modify or terminate the Photo Contest and reserves the right, but shall not be obligated, to select the Winners from among all non-suspect entries received as of the date/time of such termination/cancellation or modification. Co-Sponsors reserves the right, at their sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the entry process or who enters using any automatic or programmed entry duplication method.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR OTHERWISE CORRUPT THE PHOTO CONTEST OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE PHOTO CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
SHOULD SUCH AN ATTEMPT BE MADE, THE LEAD SPONSOR RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
XI. LIMITATION OF LIABILITY: Without limiting any other limitations or disclaimers of liability herein, in the event of any claim by a Participant against Co-Sponsors or Prize Supplier, any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Photo Contest, but in no event shall there be a claim or award of attorneys’ fees or costs; and under no circumstances will Participants be permitted to obtain, and Participant hereby waives all rights to claim, punitive, incidental, special, indirect and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
XII. DISPUTE RESOLUTION: Participants agree that any and all disputes, claims, causes of action, or controversies ("Claims") arising out of or in connection with the Photo Contest shall be resolved, upon the election by either the Participant or Co-Sponsors, by arbitration conducted by telephone, online and/or be solely based on written submissions without any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, pursuant to this provision and the code of procedures of either the National Arbitration Forum ("NAF") or the American Arbitration Association ("AAA"), as selected by the Co-Sponsors.
IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER CO-SPONSORS NOR PARTICIPANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT ENTRANT WOULD HAVE IF ENTRANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Unless both the Participant and the Co-Sponsors agree otherwise, the arbitrator may not consolidate more than one person's Claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator's authority to resolve Claims is limited to Claims between Co-Sponsors and the Participant alone, and the arbitrator's authority to make awards is limited to awards to Co-Sponsors and the Participant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Official Rules and without waiving either party's right to appeal such decision, should any portion of this paragraph be deemed invalid or unenforceable, then the entirety of this arbitration provision (other than this sentence and the paragraph below) shall be null and void.
IF ARBITRATION IS NOT USED TO RESOLVE A CLAIM, THE PARTICIPANT AGREES THAT THERE WILL NOT BE A JURY TRIAL. PARTICIPANT AND CO-SPONSORS EACH UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY CLAIM OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS PHOTO CONTEST IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
Participant agrees that this Photo Contest shall be subject to and governed by the laws of the State of Maine, without giving any effect to the principals of conflicts of law, and the forum for any dispute shall be in Portland, Maine.