App Photo Contest
Get geared up for Summer with a Cutest Pet Picture Contest!
Enter Your Pet (ALL pets welcome!) into our Cutest Pet Picture Contest For a Chance to Win Up To a $100 Gift Card at Petland Pensacola. Contest runs June 1st through June 31st. Winners will be announced on July 4, 2019. Winners will be notified via text message.
To enter, please fill out the form below:
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- Contest Announcement On June 1, 2019, Petland, Inc. and the applicable Petland franchise stores (collectively the “Sponsors”) will launch a new Cutest Pet Picture Contest exclusive to the Petland mobile application to provide three participants a chance to win various gift cards valid only at their preferred Petland store located designated within the Petland App (“Contest”) by submitting a cute picture of their pet, subject to the terms, limitations, and exclusions set forth herein and set forth on the applicable Contest submission page within the Petland App. By entering into the Contest, you certify and affirm that you have carefully reviewed and fully agree to be bound by this agreement (“Contest Agreement”), along with the Petland Mobile Application Terms of Use, Privacy Policy, and Cookie Policy. Although the Petland App was developed by ISEA Media, a Pennsylvania limited liability company, the Contest is sponsored and maintained solely by Sponsors and ISEA Media is not a party with respect thereto. In total, three Contest winners will be selected in the sole and complete discretion of Sponsors.
- Eligibility. The Contest is open only to users of the Petland mobile application who are 18 years of age at the time of Contest entry. The Contest is only open to legal residents of the 50 United States and is void where prohibited by law. Employees of Petland, Inc. (the “Sponsor”), their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers, and their immediate family members and/or those living in the same household of each are not eligible to participate in the Contest. No purchase is necessary to enter the Contest, nor will it improve the chances of winning.
- How to Enter. To enter as a Contest participant, you must upload an authentic photo depicting a picture of your pet within the appropriate section of the Petland App between June 1, 2019, and June 30, 2019. The submission must fulfill all Contest requirements, as specified herein, to be eligible to win a prize. Entries that are not complete or do not adhere to these rules or specifications may be disqualified at the sole discretion of Sponsors. You may enter the Contest only once and you must accurately fill in the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of the Sponsors and Sponsors may, in their sole and complete discretion, determine whether to choose an alternate winner. In order to participate in the Contest and be eligible to win a prize (describe in Section 4 herein), all of the following requirements shall apply:
- The photo must be submitted through the Petland App.
- The photo must be an original work created by you and must not violate the intellectual property rights of any other individual or entity.
- The submitted photo must be a picture of your pet.
- The submitted photo must clearly depict at least one pet.
- Contest photo submissions must be appropriate for a family-friendly audience. Photos containing any form of nudity, profanity, animal cruelty, or inappropriate behavior will be considered invalid.
- Prize Description. On July 4rd, three winners will be announced, ranked first through third place. The first-place winner shall receive a $100 gift card valid only at the applicable Petland store designated within the winner’s Petland App. The second-place winner shall receive a $50 gift card valid only at the applicable Petland store designated within the winner’s Petland App. The third-place winner shall receive a $25 gift card valid only at the applicable Petland store designated within the winner’s Petland App. All gift cards awarded as prizes pursuant to this Contest Agreement shall expire within one year from the date that the applicable winner redeemed the gift card.
- Winner Selection and Notification. On July 4, 2019, three (3) Contest winners will be selected by a panel of judges determined by Sponsors, who will select, in their sole and complete subjective discretion, the three best photos submitted based on creativity and originality. The determination of which photos are selected as Contest winners shall be made in the sole and absolute discretion of Sponsors. Winners will be notified via email and/or phone to the email address they entered the Contest within ten (10) days following the winner selection. Sponsors shall have no liability for a winner’s failure to receive notices due to a winner’s spam, junk e-mail, or other security settings or for a winner’s provision of incorrect or otherwise non-functioning contact information. If a selected winner cannot be contacted, is ineligible, fails to claim the prize in-person at the applicable Petland store (as designated within the Petland App by such winner) within ten (10) days from the time award notification was sent, or fails to timely return any signed documentation as may be requested by Sponsors, their prize may be forfeited and an alternate winner may be selected in the sole discretion of Sponsors. Winners will be required to present valid identification to redeem their prize.
- Rules and General Limitations.
- All contest prizes are non-transferable and non-substitutable and under no circumstances will be replaced with cash. Sponsors reserve the right to terminate, modify, or extend the prize and the terms and conditions of the prize at any time without prior notice at their absolute discretion.
- The winner of any Contest prize is solely responsible for applicable federal, state, provincial, territorial and local taxes, including sales, income and any other taxes.
- Sponsors reserve the right to substitute prizes of equal or greater monetary value to the prizes if for any reason any prize cannot be awarded as contemplated herein. Winners may be required to sign an affidavit of eligibility and supply a Social Security Number prior to the award of prize. Sponsors may file an IRS Form 1099 with the Internal Revenue Service for the fair market value of any prizes awarded.
- Except where prohibited by law, participation in the Contest and acceptance of any prize constitutes permission for Sponsors to use each winner’s name, address (just city and state), photo, likeness, biographical information, statement, and voice for advertising/publicity purposes worldwide and in all forms of media, in perpetuity, without further notice to or compensation in connection with this Contest and any prize awarded.
- Any person attempting to defraud or in any way tamper with the Contest will be prosecuted and he or she will not be eligible for any prize.
- All Contest participants agree that when participating in the Contest, he or she will not engage in any illegal and/or inappropriate activities.
- If for any reason, the Contest is not capable of running as originally planned, Sponsors, in their sole and complete discretion, reserve the right to cancel, suspend, or modify the Contest or any portion thereof.
- All Contest participants further agree to indemnify and hold harmless the Indemnified Parties (defined in Section 9 herein) from any and all liability resulting or arising from the Contest; to release all rights to bring any claim, action or proceeding against the Indemnified Parties, and hereby acknowledge that the Indemnified Parties have not made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact, or in law, relative to any prize.
- As a condition of participating in the Contest, all Contest participants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Contest, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in the Commonwealth of Ohio having competent jurisdiction, which court shall apply the laws of the Commonwealth of Ohio without regard for doctrines of conflict of law. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, and Contest participants further waive all rights to have damages multiplied or increased.
- Publicity Release. You hereby grant to Petland, Inc., all Petland franchise stores, and ISEA Media the absolute and irrevocable right and unrestricted permission to use your name, likeness, image, voice, and/or appearance as such may be embodied in any photos, video recordings, audiotapes, digital images, and the like, taken or made on behalf of the Sponsors or their partners in connection with the Contest. You agree that Sponsors have complete ownership of such material and can use said material for purposes of advertising and promotional efforts relating to the Contest and any Petland, Inc. products and/or service offerings. Such uses include, but are not limited to, videos, publications, advertisements, news releases, websites, and any promotional or educational materials in any medium. You acknowledge that you will not receive any compensation for the use of such images, video, likeness, etc. You hereby release and discharge Sponsors and ISEA Media, and their members, managers, employees, joint venturers, assignees, and agents from any and all claims and demands arising out of or in connection with the use of your name, likeness, image, voice and/or appearance, including any and all claims for invasion of privacy, right of publicity, misappropriation or misuse of image, and/or defamation. You represent that you are over the age of eighteen years and that I have read the foregoing and fully understand its contents. This release shall be binding upon you, your heirs, legal representatives, and assigns.
- Legally Binding Agreement. This Contest Agreement is entered into as between you and Sponsors. ISEA Media, as the creator of the Petland Mobile Application, does not form part of this Agreement. Accordingly, ISEA Media, its members, managers, employees, joint venturers, employees, contractors, service providers, and agents are exempt from any responsibility (legal or otherwise), should any type of conflict, disagreement, or grievance arise. Any circumstance derived from this Contest Agreement shall be resolved between you and Sponsors. Furthermore, ISEA Media will not take part in negotiations or act as an intermediary in any way concerning any dispute arising from this Contest Agreement.
- Indemnification. You shall at all times defend, indemnify, and hold harmless Sponsors, ISEA Media, and their members, managers, officers, directors, shareholders, employees, joint venturers, contractors, and agents (collectively, the “Indemnified Parties”) from and against any and all liabilities, damages, penalties, settlements, judgments, orders, losses, costs, charges, attorneys’ fees, and all other expenses and shall further defend the Indemnified Parties from any and all claims, actions, suits, prosecutions, and all other legal and/or equitable proceedings resulting from or relating to (whether directly or indirectly) any allegation (whether founded or unfounded and regardless of the nature or character thereof) regarding: (i) any negligent, willful, reckless, or wrongful act or omission of you; (ii) any breach of, or inaccuracy in, any representation and/or warranty made by you herein including, without limitation, claims for personal injury, death, or damage to property or other demands; (iii) any failure to perform by you, or any defect in the performance of your obligations and duties pursuant to this Contest Agreement; or (iv) any alleged violation of any law, statute, regulation or ordinance. Upon receiving notice or knowledge of any claim, event, or loss for which indemnity is sought hereunder, Sponsors and/or ISEA Media, as the party(ies) seeking indemnification, shall tender the matter to you and/or Petland, Inc.
- Notwithstanding the foregoing, any Indemnified Parties may, in their sole discretion, engage their own attorneys and other professionals to defend or assist them, and, at the option of Indemnified Parties, their attorneys shall control the resolution of any claim or proceeding. Upon demand, you and/or Petland, Inc. shall pay or, in the sole discretion of the Indemnified Parties, reimburse, the Indemnified Parties for the payment of reasonable fees and disbursements of attorneys, engineers, environmental consultants, laboratories and other professionals in connection therewith.
- Limitation of Liability. To the maximum extent permitted by law, you hereby release and hold harmless Sponsors, ISEA Media, and their members, managers, officers, directors, shareholders, employees, joint venturers, contractors, and agents (collectively, the “Company Parties”), from any and all responsibility, liability, damages (including, without limitation, direct, indirect, incidental, consequential, punitive, statutory, and other damages), losses, costs, or expenses of any kind arising out of or relating to: (a) your participation in the Contest; and (b) any violation of this Contest Agreement or applicable laws; (collectively the “Causes“). If anyone makes any claim against the Company Parties arising out of or relating to any of the Causes attributable to you, you will pay for any damages, losses, liabilities, costs, penalties, and expenses, including without limitation attorneys’ and experts’ fees and costs, incurred in connection with such claim. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, HOWSOEVER CAUSED, WHETHER ARISING IN STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) CONTRACT, OTHER LEGAL THEORY, OR OTHERWISE, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES AND OTHER LIABILITY (INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES) IN WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RULE, STATUTE OR REGULATION IN THE RELEVANT JURISDICTION. NOTHING IN THESE TERMS EXCLUDE LIABILITY FOR FRAUD, OR FOR PERSONAL INJURY OR DEATH CAUSED BY NEGLIGENCE TO THE EXTENT SUCH EXCLUSION IS PROHIBITED BY APPLICABLE LAW.
- Release. To the fullest extent permitted by applicable law, in consideration of your participating in the Contest and the execution of this Agreement, you hereby forever release, discharge, and acquit Sponsors and ISEA Media and their members, managers, employees, joint venturers, service providers, contractors, or agents (collectively, the “Releasees”) of and from any and all claims, demands, liabilities, rights, responsibilities, disputes, causes of action (whether at law or equity), indebtedness, and obligations (collectively, “Claims”), of every type, kind, nature, description, or character, and irrespective of how, why or by reason of what facts, whether such Claims have heretofore arisen, are now existing or hereafter arise, or which could, might, or may be claimed to exist, of whatever kind or name, whether known or unknown, suspected or unsuspected, liquidated or unliquidated, each as though fully set forth herein at length, which in any way arise out of, are connected with or in any way relate to actions or omissions which occurred on or prior to the date hereof with respect to the Contest, any prize, or this Contest Agreement. This Section shall survive the expiration or termination of this Agreement.
- Force Majeure. If performance of this Agreement or any obligation under this Contest Agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligation of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitations, acts of God, fire, explosion, vandalism, storm or other similar occurrences, order or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, its members, employees, officers, agents, or affiliates.
- Entire Agreement. This Contest Agreement, along with the Petland Mobile App Terms of Use, Privacy Policy, and Cookie Policy, collectively represent the entire understanding between the parties with respect to the subject matter hereto and cancel and supersedes all prior agreements or understandings, whether written or oral, with respect to the subject matter. This Contest Agreement may only be modified or amended by an instrument in writing signed by duly authorized representatives of both parties.
- Contest Point of Contact For all inquiries pertaining to the Contest, please contact your designated Petland store, which contact information can be viewed within the “location information” section of the Petland App.