Official Rules

America’s Best Dog Trick Contest

Official Rules

THE FOLLOWING CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS CONTEST UNLESS YOU ARE LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE THE CHANCE OF WINNING. VOID WHERE PROHIBITED. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES, WHICH SHALL BE FINAL IN ALL RESPECTS.

1. ELIGIBILITY: Open only to legal residents of any one of the 50 United States or the District of Columbia who are 18 years of age or older at time of entry. The following individuals are not eligible: Employees, contractors, directors and officers of Zoom Room, Inc. (“Sponsor”); Zoom Room Franchisees, employees of any Zoom Room franchise; or employees, contractors, directors and officers of West Paw Design (“Sponsor”); and the immediate family members (spouse, parent, child, sibling and spouse or “step” of each) and those living in the same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Contest) of each such employee, contractor, director, officer or franchisee.

2. CONTEST SCHEDULE: You may enter the Contest between 12:00:01 a.m. Pacific Time (“PT”) on 11/20/09 and 11:59:59 p.m. PT on 1/15/10 (“Contest Period”).

3. TO ENTER: To enter, go to the Contests tab of the Zoom Room Fan Page (“Web Site”) during the Contest Period. Before submitting your entry form, you will be required to agree that you have (a) read or have had these Official Rules read to you and you are in agreement with these Official Rules, (b) used only positive training methods in shaping your dog trick, and (c) received permission for the use of the image/likeness of any and all identifiable persons appearing in your Submission. Submissions that do not include all required information and adhere to the Official Rules as determined by Sponsor in its sole discretion will be considered void. Sponsor may, in its sole discretion, remove, delete and/or disqualify any Submission it deems inappropriate or otherwise non-compliant.

CREATIVE ASSIGNMENT: Create a video depicting America’s Best Dog Trick. The possibilities are limited only by your imagination and your ability to engage your dog in having a great time.

JUDGING REQUIREMENTS: Judging will take place in two phases. In the first phase, votes will be cast for entries by clicking the “Vote Now” button underneath the video submissions. Anyone, regardless of age or geographical location, may vote in this manner. A person may only vote once for a given entry, although a person may, if they elect, vote for more than one entry. Votes may be cast in this manner until 11:59:59 p.m. PT on 01/31/10 (“Voting Period”). After the close of voting, the five (5) entries that have received the largest number of votes will be considered the Contest Finalists. A panel of Judges from the two Sponsors will make the final determination of First Place, Second Place, and three (3) Honorable Mentions, among these five finalists. Judging Criteria for this final determination of winners will be based on originality, creativity, and precision.

TECHNICAL REQUIREMENTS:

A Video File must be submitted:
The Video file must be no more than three (3) minutes in length
The Video file size must not exceed 1024 MB
The recommended Video file format is H.264 video with AAC audio in MOV or MP4 format
The full list of acceptable Video file formats is: 3g2 (Mobile Video), 3gp (Mobile Video), 3gpp (Mobile Video), asf (Windows Media Video), avi (AVI Video), dat (MPEG Video), flv (Flash Video), m4v (MPEG-4 Video), mkv (Matroska Format), mod (MOD Video), mov (QuickTime Movie), mp4 (MPEG-4 Video), mpe (MPEG Video), mpeg (MPEG Video), mpeg4 (MPEG-4 Video), mpg (MPEG Video), nsv (Nullsoft Video), ogm (Ogg Media Format), ogv (Ogg Video Format), qt (QuickTime Movie), tod (TOD Video), vob (DVD Video)
The aspect ratio of the Video file must be between 9 x 16 and 16 x 9.
The frame rate of the Video file must be at or below 30 fps.
The audio portion of the Video file should be recorded in stereo with a sample rate of 44.100 Hz.

ADDITIONAL REQUIREMENTS:

All entries must be received by 11:59:59 pm PT on 1/15/10.
The person submitting the Entry Form and uploading the Submission will be deemed the entrant (“Entrant”). The Entrant is the one (1) person who owns the email address listed on the Entry Form. If any group elects to collaborate on a Submission, they are required to designate one (1) person as the agent of the group to enter the Contest, agree to these rules and accept the prize on behalf of the group. Sponsors are not liable for any disputes between collaborators arising under or related to the Contest.
Each individual Entrant is allowed a total of three (3) Submissions.
Limit one (1) Finalist Prize per person, household and/or email address throughout the Contest Period.
Each Submission must comply with the Web Site’s Terms of Service, as well as these Official Rules. In the event of any inconsistency between these Official Rules and the Terms of Service, the terms in these Official Rules shall prevail.
Each Submission must be the original work of the Entrant produced for this Contest; it may not have been entered in or won previous contests or awards; it may not have been published previously in any medium; it must not infringe any party’s intellectual property or other rights; it must be suitable for display and publication on Facebook (i.e., may not be obscene or indecent, including but not limited to nudity or profanity); it must not contain obscene or pornographic material, it must not contain defamatory statements (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group), it must not include threats to any person, place, business or group, it must not invade privacy or other rights of any person, firm or entity, and it must not in any other way violate applicable laws, regulations and standards.
Each Submission must not contain any copyrighted works (other than as owned by the Entrant). Each Submission may not include any music unless Entrant owns the copyright. Use of any unauthorized music may result in disqualification of Submission, in Sponsor’s sole discretion.
All Submissions will be reviewed for content before being judged; however, such review does not relieve Entrant from responsibility for compliance with all of the Terms of Service and these Official Rules. Submissions that do not comply in all material respects with the Terms of Services or these Official Rules or that otherwise contain prohibited, or inappropriate content as determined by the Sponsor, in its sole discretion, will be disqualified and will not be considered for prizes. Sponsor makes the final determination as to which Submissions are eligible to take part in this Contest and be considered for a Finalist Prize. Certain Submissions may be featured from time to time on the Web Site during the Contest Period, in Sponsor’s sole discretion; being selected as a featured Submission is unrelated to the Judging Criteria and does not guarantee selection as a Finalist in the Contest.

BY ENTERING THIS CONTEST AND UPLOADING YOUR SUBMISSION, YOU IRREVOCABLY GRANT TO SPONSOR AND ITS AGENTS THE UNCONDITIONAL AND PERPETUAL RIGHT TO POST, DISPLAY, PUBLISH, USE, ADAPT, EDIT AND/OR MODIFY SUCH SUBMISSION IN ANY WAY, IN ANY AND ALL MEDIA, FOR ANY PURPOSE, WITHOUT LIMITATION, AND WITHOUT CONSIDERATION TO YOU. FINALISTS AGREE TO IRREVOCABLY ASSIGN AND TRANSFER TO THE SPONSOR ANY AND ALL RIGHTS, TITLE AND INTEREST IN SUBMISSION, INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS AND WAIVE ALL MORAL RIGHTS IN SUBMISSION. ALL CONTEST ENTRANTS FURTHER AGREE TO RELEASE AND INDEMNIFY AND HOLD HARMLESS THE SPONSORS FROM ANY AND ALL CLAIMS THAT ANY COMMERCIAL, ADVERTISING, PRESENTATION, WEB CONTENT OR ANY OTHER MATERIAL SUBSEQUENTLY PRODUCED, PRESENTED, AND/OR PREPARED BY OR ON BEHALF OF SPONSOR INFRINGES ON THE RIGHTS OF ENTRANT’S WORK AS CONTAINED IN ANY SUBMISSION.

4. SELECTION OF WINNERS: Five (5) finalist Submissions (each a “Finalist”) will be selected by public voting at the end of the Voting Period. The First Place, Second Place, and three (3) Honorble Mention winners will be selected from among the Finalists by a judging process in which a qualified panel of judges (“Judges”) will evaluate each eligible Submission based on the Judging Criteria set forth above. In the event of a tie for the fifth Finalist spot, the tie will be broken based on the Judging Criteria. All Finalists are subject to verification, including without limitation, verification of eligibility, and compliance with these Official Rules. If attempted notification is returned as undeliverable, if a Finalist cannot be verified, or if a Finalist is otherwise unable to accept prize, prize will be forfeited and may be awarded to an alternate Finalist provided sufficient time remains, in Sponsor’s discretion.

Entrants agree that the Sponsor has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor are final and binding. Finalists, by acceptance of the Finalist Prize (defined below), agree to release, indemnify and hold harmless Sponsors, as well as their employees, representatives, and contractors, from any and all liability, loss, damage, cost or claim relate to any allegation regarding the acceptance or use of their prize.

5. PRIZE DETAILS:

FIRST PLACE PRIZE: $1000 and a collection of the following dog toys: 1 Hurley, 1 Huck, 1 Bumi, 1 Zisc, 1 Tux. (If the dog in the entry is a medium or large breed, winner is to receive large toys; if the dog is a small breed, winner is to receive small toys. Winner may select colors.)
SECOND PLACE PRIZE: $250 and a collection of the following dog toys: 1 Hurley, 1 Huck, 1 Bumi, 1 Zisc, 1 Tux. (If the dog in the entry is a medium or large breed, winner is to receive large toys; if the dog is a small breed, winner is to receive small toys. Winner may select colors.)
THREE (3) HONORABLE MENTION PRIZES: 1 Hurley, 1 Bumi, 1 Zisc. (If the dog in the entry is a medium or large breed, winner is to receive large toys; if the dog is a small breed, winner is to receive small toys. Winner may select colors.)
THE MAXIMUM TOTAL ARV OF ALL PRIZES IN CONTEST IS: $1,461.00.

6. GENERAL CONDITIONS: All Entrants must have a valid e-mail address. Finalists are solely responsible for any taxes on their respective prizes, and will receive an IRS Form 1099 for the value of their prize. No substitution of prize is offered, except at the sole discretion of the Sponsor. Prizes are non-transferable. Unclaimed prizes will not be awarded. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. If for any reason the Contest is not capable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion to cancel, modify or terminate the Contest. Further, Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or any Sponsor or Contest-related Web Site; (b) violating the Official Rules; (c) violating the Web Site terms of service, conditions of use and/or applicable general rules or guidelines; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. This Contest is offered only in the United States and is governed by the laws of the state of California. All claims relating in any manner to this Contest or to any Submission must be resolved in the federal or state courts located in Los Angeles, California.

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

7. WINNER NOTIFICATION: Winners will be notified by email on 2/8/10. The names of the Winners will also be published on both the Web Site and the Facebook Page on 2/8/10.

Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Entrants. By accepting a prize, Finalist (or Finalist’s parent or legal guardian if Finalist is a minor) agrees, and agrees in writing if requested, that the Submission will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the Finalist agrees to irrevocably assign and transfer to Sponsor all of his/her right, title and interest in and to his/her Submission, if any, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Finalists hereby waive in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that Finalist may now or later have to his/her Submission. Sponsor reserves the right to alter, change or modify a winning Submission, in its sole discretion. Upon request of Sponsor, Finalist shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Submission and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.

8. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by the Sponsors resulting from any user’s participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with participating in the Contest. No responsibility or liability is assumed by the Sponsors for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or the Web Site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. The Sponsors are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web Site. Use of Web Site is at user’s own risk. The Sponsors are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user’s or any other person’s computer equipment resulting from participation in the Contest, use of the Web Site or the download of any information from the Web Site. By participating in the Contest, the Entrant releases Sponsors from any and all claims, damages or liabilities arising from or relating to such Entrant’s participation in the Contest. By accepting a prize in the Contest, winners agree that the Sponsors shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize, or any travel related thereto. Sponsors are not liable in the event that any portion of the Contest is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”).

9. SPONSORS: Zoom Room, Inc. 11836 Teale Street, Culver City, CA 90046; West Paw Design 32050 E. Frontage Rd. Bozeman, MT 59715.