NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. VOID WHERE PROHIBITED BY LAW. THESE OFFICIAL RULES (“RULES”) GOVERN YOUR ENTRY IN THE CONTEST AND ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SPONSOR. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED OR ASSOCIATED WITH FACEBOOK.
1. CONTEST DESCRIPTION. The Good Dog Photo Contest (“Contest”) is sponsored by Garden & Gun, LLC d/b/a Garden & Gun Magazine (“Magazine”). This Contest recognizes dogs in the South and beyond. The Contest judges will select one Overall Winner and one Sporting Dog Winner to be featured in the December 2022/January 2023 issue of the Magazine. The Contest judges will also select Runner-Up Winners. Ten (10) Readers’ Choice Winners will be selected based on the highest number of online votes. The Overall Winner, Sporting Dog Winner, Runner-Up Winners, and the Readers’ Choice Winners are collectively referred to herein as “Winner.”
2. SPONSOR. The Contest is sponsored by Garden & Gun, LLC d/b/a Garden & Gun Magazine (“Sponsor”), 701 East Bay Street, Suite 115, Charleston, SC 29403.
3. WINNERS & PRIZES.
Overall Winner: An Overall Winner will be selected by the judges on the basis of the judging criteria described below and will win a prize consisting of: a six (6)-month supply of Eukanuba dog food, one (1) Yeti Boomer Bowl and one (1) Eukanuba branded Bumper. Total approximate retail value of the Overall Winner prize is $570.00.
Sporting Dog Winner: A Sporting Dog Winner will be selected by the judges on the basis of the judging criteria described below and will win a prize consisting of: a one (1)-year supply of Eukanuba dog food, one (1) Yeti Boomer Bowl, one (1) Eukanuba branded Bumper, one (1) Eukanuba branded hat, one (1) Momarsh Dog Vest, and one (1) Lucky Duck Kennel. Total approximate retail value of the Sporting Dog Winner prize is $1,460.00.
Runner-Up Winners: Runner-Up Winners will be selected by the judges on the basis of the judging criteria described below. The prize for Runner-Up Winners will be having their photo featured on Sponsor’s Website (defined below).
Readers’ Choice Winners: The Readers’ Choice Winners will be selected based on the highest number of online votes received, provided, however, any Readers’ Choice Winner is subject to Sponsor’s final approval, regardless of the number of votes received for any entry. The prize for the Readers’ Choice Winners will be having their photo featured on Sponsor’s Website (defined below).
The Overall Winner and Sporting Dog Winner will have a chance to appear in the Magazine. Size of Magazine or Website write-up, size of photo, and edition of Magazine are all at Sponsor’s discretion. Winner is responsible for all taxes and all other expenses not included in the prize. All other expenses not specified herein are the responsibility of the Winner. The prize is awarded “as is” with no warranty or guarantee, express or implied, of any kind. Odds of winning a prize depend on the number of eligible entries received during the Contest Period (defined below). No transfer, substitution or cash equivalent for prize is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if the prize or any portion of the prize cannot be awarded, in whole or in part, as described for any reason. Actual retail value of the prizes (“ARV”) or prize components may differ from the above stated ARV and prize components. Sponsor will not award any difference between actual value and ARV. Actual prizes may differ from any promotional images. Winner is responsible for all federal, state, or local taxes associated with prize acceptance.
4. JUDGING CRITERIA. All entries will be judged by Sponsor based on the following criteria: Photo Quality (50%), Creativity (25%) and Best Represents Garden and Gun Magazine/Editorial Suitability (25%). In the event of a tie, the entry with the highest score in “Best Represents Garden & Gun Magazine/Editorial Suitability” will be the tiebreaker. Decisions of judges are final and binding. The Overall Winner and Sporting Dog Winner will be notified by email by October 17, 2022. If a potential Winner cannot be reached by Sponsor within fifteen (15) days, using the contact information provided at the time of entry, or if the prize is returned as undeliverable, such Winner shall forfeit the prize. Upon the request of Sponsor, the Winner may be required to return an Affidavit of Eligibility, Release and Prize Acceptance Form and IRS W-9 form.
5. ELIGIBILITY. The Contest is open to legal residents of the United States of America who are 21 years of age or older at the time of entry. Employees of Sponsor, including the immediate families of such employees (i.e., parents, guardians, spouse, children, siblings, grandparents, step parents, step children and step siblings) regardless of where they reside; any person living in the same household of such employees, whether or not related to such employee; or Sponsor’s respective affiliated companies, management companies, subsidiaries, advertising agencies and marketing companies (collectively, “Sponsor Entities”) are not eligible to enter the Contest. By entering the Contest, you agree to waive any and all claims against Sponsor or Sponsor Entities for personal injury, damage or loss of any kind which may result from participation in the Contest or from the receipt, use, ownership or enjoyment of any prize.
6. CONTEST PERIOD. The Contest commences at 1:00 PM (Eastern Time) on September 6, 2022 and ends at 11:59 PM (Eastern Time) on October 3, 2022 (“Contest Period”). All entries must be received by 11:59 PM (Eastern Time) on October 3, 2022. Sponsor’s computer is the official time keeping device for entry into the Contest. No entries into the Contest will be accepted before or after the Contest Period.
7. HOW TO ENTER. To enter, go to http://www.gardenandgun.com/gooddog (“Website”) and follow instructions to submit your original photograph. Sponsor is not responsible for lost, late, illegible, inaccurate or incomplete entries or entries not received for any reason. Entries become the sole property of Sponsor and none will be acknowledged or returned. By entering, you warrant that your entry (1) is original and does not infringe the intellectual property rights of any third party, (2) has not been published in any medium, (3) has not won an award, or (4) is not obscene, libelous or defamatory, does not violate the right of privacy or publicity of any third party or violate any applicable laws.
8. VOTING. Visitors to the Website can vote for the photo(s) that they like best on the basis of the judging criteria set forth in Section 3 of these Rules. Voting will end at 5:00 PM (Eastern Time) on October 7, 2022. The ten (10) photos with the most votes will be selected as Readers’ Choice Winners, subject to Sponsor’s discretion and final approval.
9. GENERAL PRIZE TERMS. No transfer, assignment, or substitution of a prize permitted, except Sponsor reserves the right to substitute prize (or prize component) for an item of equal or greater value at Sponsor’s sole discretion. Nothing in these Rules shall obligate Sponsor to publish or otherwise use any entry submitted in connection with this Contest. All federal, state and local laws and regulations apply. By entering, you grant to Sponsor a non-exclusive, worldwide, royalty-free license to edit, publish, promote, republish at any time in the future and otherwise use your submitted photo(s), along with your name, likeness, biographical information, and any other information provided by you, in any and all media for possible editorial, promotional or advertising purposes, without further permission, notice or compensation (except where prohibited by law). Acceptance of the prize constitutes permission for Sponsor and its agencies to use a Winner’s name and/or likeness, biographical information, photograph, etc., other materials submitted for advertising and promotional purposes without additional compensation, unless prohibited by law. By entering or accepting prize, you as an entrant and the Winner shall hold Sponsor and its promotional partners, its directors, officers, employees and assigns harmless from liability, damages or claims for injury or loss to any person or property (including death) relating to, in whole or in part, directly or indirectly, participation in this Contest, the acceptance and/or subsequent use or misuse, or condition of any of the prizes awarded, or claims based on publicity rights, defamation, or invasion of privacy. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest, or in the announcement of the prize. Sponsor shall have no responsibility or obligation to any Winner who is unable to accept the prize as described herein.
10. INTERNET. Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor or presenter on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest. Sponsor reserves the right to select Winners from eligible entries received as of the termination date. CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THE SOUTH CAROLINA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE COMPETITION AND THE LAWS OF THE STATE OF SOUTH CAROLINA SHALL GOVERN THE COMPETITION. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. If there is a dispute as to the identity of the Winner, the prize will be awarded to the authorized account holder of the email address. The “authorized account holder” is defined as the natural person to whom the email address is assigned.
11. DISCLAIMER OF WARRANTIES. SPONSOR IS PROVIDING THE CONTEST ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE CONTEST OR THE TECHNOLOGY USED TO PROVIDE IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, OR (III) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT. SPONSOR MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE RULES, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
12. EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY. NONE OF SPONSOR OR SPONSOR ENTITIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF, RELATING TO OR CONNECTED WITH THE CONTEST, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
IN NO EVENT WILL SPONSOR’S AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THESE RULES (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE NETWORK) EXCEED THE ACTUAL OUT OF POCKET COSTS PROXIMATELY CAUSED YOU BY SPONSOR’S BREACH OF THESE RULES.
13. GOVERNING LAW. This Contest is governed by the internal laws of the state of South Carolina without regard to its principles of conflict of laws. All cases and claims pertaining to this Contest must be brought in a court of competent jurisdiction in the City of Charleston, South Carolina, without recourse to class action suits.
14. SEVERABILITY. If any provision of these Rules is found to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein.
15. REQUEST FOR THE NAMES OF THE AWARD WINNERS AND RULES. For the names of the Winners and/or a copy of these Rules, send a self-addressed stamped envelope to: Garden & Gun Magazine LLC, 701 East Bay Street, No. 115, Charleston, South Carolina 29403. Vermont residents may omit postage.