OFFICIAL RULES UNITED STATES AND CANADA
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS IS A CONTEST OF SKILL. VOID WHERE PROHIBITED. The entry period for the “Ellen’s Enter to Win a US $5K PetSmart Gift Card, US $5K Cash and ED Ellen DeGeneres Product” (“Contest"), sponsored by WAD Productions Inc. (“Sponsor”), begins on Tuesday, April 11, 2017 at 6:00 AM Pacific Time (“PT”) and ends on Wednesday, May 10, 2017 at 11:59 PM Pacific Time (“PT”) (the “Contest Period”). All applicable federal, state and local laws and regulations apply. Proof of submitting a Contest entry will not be deemed by Sponsor as proof of receipt of valid entry into the Contest. Any attempted form of entry into the Contest other than as described herein is void.
The Contest is open to individuals who meet the following criteria: (a) are eighteen (18) years of age or older as of the date of entry and (b) are a legal resident of The United States (50 states and District of Columbia, but specifically excluding Puerto Rico, Guam, American Samoa, United States territories, possessions, and protectorates, foreign based United States military installations and wherever restricted or prohibited by law) or Canada (excluding Quebec) (“Contestant”). Neither Sponsor nor employees of Sponsor, “The Ellen DeGeneres Show”, Time Warner, Warner Bros. Entertainment, Telepictures Productions Inc., PetSmart, Inc. and all of their respective partners, parent companies, divisions, subsidiaries, affiliates, trustees, advertising, promotion and public relations agencies, and their respective officers, directors, employees, agents, independent contractors, representatives and agencies (collectively, the "Contest Entities”) are eligible to participate in the Contest and/or win a Prize (as defined below). Additionally, immediate family members of such employees and persons living in the same household as such employees (whether related or not) are not eligible to participate in the Contest and/or win a Prize. For the purposes of this Contest, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses.
By entering this Contest, Contestants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects and cannot be challenged or appealed.
HOW TO ENTER: Online entry is the only method of entry for the Contest.
Entries received before and/or after the Contest Period will be void. All entries become the sole property of Sponsor and will not be acknowledged or returned.
Sponsor’s computer will serve as the official timepiece for the Contest Period.
If the Contestant meets the eligibility criteria set forth above, then in order to enter Contestant must go to the webpage on “elllentube” website located at Ellentube.com/PetDish during the Contest Period and follow the steps below:
- To be considered for the Contest, Contestant must first access the Contest webpage, located at Ellentube.com/PetDish
- Contestant must submit a written answer of two thousand, five hundred (2500) words or less to the essay question presented on the Contest webpage (“Written Statement”): Tell us why you love your pet(s) and why you deserve to win.
- Contestant must submit a video or photo: From one pet enthusiast to another, show your love for your pets for a chance to win Ellen inspired products!
- Contestant must then submit the following information:
- Personal Information: Contestant’s first name, last name, e-mail address, home phone number, mailing address, and date of birth (“Personal Information”).
- Contestant will also be required to acknowledging that Contestant is at least 18 years of age and fill in another box that Contestant has read and accepts the Contest’s Official Rules.
Contestant’s entry must be received by Sponsor between Tuesday, April 11, 2017 at 6:00 AM Pacific Time (“PT”) and on Wednesday, May 10, 2017 at 11:59 PM Pacific Time (“PT”).
A qualifying entry requires all of the following elements submitted via Ellentube.com/PetDish
- Acknowledgment that Contestant meets the eligibility requirements criteria: Contestant is at least eighteen (18) years of age and a resident of one of the 50 United States (excluding Puerto Rico, Guam, American Samoa, United States territories, possessions, and protectorates, foreign based United States military installations and wherever restricted or prohibited by law) or the District of Columbia or Canada (excluding Quebec).
- Contestant must submit a Written Statement, as described above.
- Contest must submit video or photo, as described above.
- The required Personal Information, as described above.
By submitting any entry into the Contest, whether complete or not and whether eligible or not, each entrant represents and warrants to Sponsor and the Sponsor Entities that the entry (including, without limitation, the Written Statement): (a) is the entrant’s original creation; (b) has not copied, in whole or in part, any other work; (c) does not violate or infringe any copyright, trademark, patent, trade secret, privacy or publicity right, or other proprietary or intellectual property right of any person or entity; (d) is not defamatory, libelous, obscene, or otherwise illegal; and (e) is the sole and exclusive property of the entrant, and is not subject to any third-party rights. Submission of false or misleading personal information or copied, plagiarized, offensive or otherwise inappropriate Written Statements (as determined by Sponsor in its sole discretion) will be grounds for disqualification of entry. Entries generated by a script, macro or other automated means will be disqualified. Illegible or incomplete entries, as determined by Sponsor in its sole discretion, will be disqualified. Sponsor will not deem proof of submission of an entry as proof of receipt of a valid entry.
LIMIT: One (1) entry per Contestant during the Contest Period. In the event that a Contestant exceeds the limit, Sponsor may, at Sponsor’s sole discretion, either disqualify all entries by the Contestant or select, at Sponsor’s sole discretion, one (1) entry for judging and reject the remaining entries.
WINNER SELECTION PROCESS:
Following the Contest Period, Contestants’ Written Statement and video and/or photo entry will be judged by a panel of judges selected by Sponsor in Sponsor’s sole discretion will select one (1) winner based on the following judging criteria: 33.3% on creativity, 33.3% on originality, and 33.3% on appropriateness to the theme of the Contest. The Written Statement and video and/or photo entry receiving the most votes by the judges will receive the Prize (as defined below, the “Prize”). In the event of a tie, the potential winner will be the Contestant whose Written Statement and video/photo is considered more creative as determined by the judges.
The Winner of the Prize is referenced hereinafter as the “Prizewinner”.
If a potential Prizewinner is found ineligible or fails to comply with these Official Rules, such Contestant’s claim to the Prize is forfeited and an alternate qualifying and eligible Contestant may be contacted, at Sponsor’s sole discretion.
All Prizes legitimately claimed will be awarded.
- One (1) Prizewinner will receive the following:
- One PetSmart gift card worth Five Thousand Dollars US ($5,000.00)
- One lump sum payment cash prize of Five Thousand Dollars US ($5,000.00)
- A basket of ED Ellen DeGeneres PetSmart products US ($171.00)
TOTAL APPROXIMATE RETAIL VALUE (“ARV”) OF PRIZE: US $10,171.00
Only one (1) Prizewinner will win the Prize. The Prizewinner will be required to review and execute further contracts and releases provided by Sponsor and/or related to suppliers of the Prize in order to receive the applicable Prize.
A CONTESTANT IS NOT CONSIDERED THE WINNER OF THE PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF CONTESTANT’S ELIGIBILITY AND COMPLIANCE WITH THESE OFFICIAL RULES AND CONTESTANT HAS PROVIDED THE SIGNED AFFIDAVIT/RELEASE.
PRIZEWINNER NOTIFICATION PROCESS:
Prizewinner will be notified by Sponsor via phone and/or email. If Prizewinner does not accept the Prize and/or return all required documentation and signatures related to acceptance of the Prize within forty-eight (48) hours following the date and time the Prizewinner is notified, then that Prizewinner will be disqualified and an alternate Prizewinner will be selected. If a potential Prizewinner is a Canadian resident that potential winner will be required to solve the following mathematical problem within 90 seconds during a phone call with Sponsor: what is 6 times 10 divide by 3?
The Sponsor will require the tentative Prizewinner to execute an Affidavit of Eligibility, Liability Release and Publicity Release (if a US resident) or a Declaration of Compliance (if a Canadian resident), (collectively, “Affidavit/Release”). The Affidavit/Release must be returned to the Sponsor within forty-eight (48) hours of receipt of the Affidavit/Release or Prize will be forfeited. A disqualification will result and an alternate Prizewinner will be selected if the Affidavit/Release is not returned to the Sponsor within the specified time. If a potential winner is a Canadian resident that potential winner will be required to correctly answer a time-limited skill testing question before being declared an actual winner. If a Canadian resident fails to correctly answer the skill-testing question, the potential winner will forfeit his/her Prize. If potential winner has to forfeit his/her Prize then Sponsor shall be entitled but not obligated in its sole discretion to select another Prizewinner.
Refusal or return of any Prize notification, Affidavit/Release or Prize as undeliverable will result in disqualification and an alternate Prizewinner will be selected.
Prize winners will be announced and posted on Ellentube.com/PetDish as early as June 1, 2017 but in any event no later than June 30, 2017.
ADDITIONAL PRIZE INFORMATION:
Sponsor will not replace any lost or stolen tickets, vouchers, or certificates related to the Prize. In the event of such a loss, Sponsor shall have the right, in Sponsor’s sole discretion, to disqualify the Prizewinner or to award to that Prizewinner the remaining elements of the Prize which shall constitute full satisfaction of Sponsor’s Prize obligation to the Prizewinner and no additional compensation or Prize will be awarded to such Prizewinner.
All expenses not specifically mentioned herein are not included in any Prize and are solely the Prizewinner’s responsibility including, without limitation, meals, room service and souvenirs.
The Prizewinner will be required to review and execute further contracts and releases provided by Sponsor in order to receive the Prize.
To the extent the Prize includes travel and the Prizewinner is invited to bring guests, if the Prizewinner elects to partake in any or all portions of the Prize with fewer than the allotted number of guests (or no guests), the Prize will be awarded to the Prizewinner and each participating guest and any remainder of the Prize will be forfeited and shall not be subject to further or alternative compensation. The Prizewinner must be the parent and/or legal guardian of any minor guest (a legal guardian must provide written proof of guardianship). Any minor guest must be fourteen (14) years of age or older. The Prize consists only of the elements expressly set forth above, and no other elements or expenses (including, without limitation, airfare, accommodations, ground transportation, insurance, meals, phone calls, gratuities, incidentals, souvenirs, gasoline, etc.) are included in the Prize and all such expenses are the sole responsibility of the Prizewinner. No refund or compensation will be paid in the event of the cancellation or delay of the Prize or any Prize component. Sponsor will not be liable if the Prize, or any portion of the Prize, is cancelled or delayed. Sponsor may, in Sponsor’s sole discretion, attempt to reschedule for a future event. Prize tickets are subject to certain terms and conditions as specified by issuer. The terms and conditions of the tickets may govern if a Prize component is cancelled due to weather, an act of God, an act of terrorism, civil disturbance or any other reason. Sponsor is not responsible for, and will not replace, lost, mutilated, or stolen tickets, vouchers or certificates. In the event of such loss, Sponsor shall have the right, in Sponsor’s sole discretion, to disqualify the Prizewinner or to award the Prizewinner the remaining elements of the Prize which shall constitute full satisfaction of Sponsor’s Prize obligation to the Prizewinner and no additional compensation will be awarded to such Prizewinner. Exact details, including seat locations, shall be determined in the sole discretion of Sponsor. Insurance is the sole responsibility of the Prizewinner and any guest.
There is no substitution for any Prize or any portion thereof and no refunds will be given for any unused portion of the Prize. The Prize is not transferable, assignable or redeemable for cash. All Prize details are at Sponsor’s sole discretion.
Prizewinner is solely responsible for the reporting and payment of any and all applicable federal, state and local taxes as well as any other costs and expenses associated with acceptance and use of a Prize not specified herein as being awarded. Prizewinners may be issued an IRS form 1099 based on the ARV of each Prize awarded. Canadian winners are responsible for all customs fees/import/duties or other tariffs that may be incurred with claiming/shipping of prizes.
OWNERSHIP AND LICENSE:
All Contest related materials, including submission entries, and Written Statements (collectively, “Submission”) become the property of the Sponsor and will not be acknowledged or returned. The copyright in any Submission shall remain the property of the Contestant, but entry into this Contest constitutes Contestant’s irrevocable and perpetual permission and consent, without further compensation or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such Submission for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by the Sponsor and/or others authorized by the Sponsor, in any and all media now in existence or hereafter invented, throughout the universe, for the duration or the copyright in the Submission. Sponsor and/or others authorized by Sponsor shall have the right to edit, adapt, and modify the Submission at their discretion.
Any use by a Contestant of any of the Contest Entities trademarks or copyright interest is strictly prohibited and may subject Contestant to civil and/or criminal liability.
ALL PRIZES ARE PROVIDED “AS IS” AND “with all faults.” CONTEST ENTITIES make no warranties, express or implied, in fact or in law, relative to the use or enjoyment of any prize, or any portion thereof, including, without limitation, its quality, merchantability or fitness for a particular purpose. Any and all warranties for a prize, or any portion thereof, are contained in the manufacturers’ or service providers’ warranties, as relevant.
All trademarks are the property of their respective owners. The use of certain companies’ products and services as Prizes does not imply participation in, approval of, or endorsement of this Contest by such companies.
RELEASE, HOLD HARMLESS AND INDEMNIFICATION:
By entering, ALL participants IN THE CONTEST, participant’s HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS release and agree to defend, indemnify and hold harmless the SPONSOR, THE PRIZE PROVIDER AND ALL CONTEST ENTITIES From and against any and all THIRD PARTY claims, demands, losses and causes of action for any DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, punitive, AND INCIDENTAL DAMAGES), liability, loss, cost, fees (including attorneys’ fees), including, without limitation, damage to PERSON (INCLUDING DEATH) OR personal or real property, due in whole or in part, directly or indirectly, by reason of THE acceptance, possession, REDEMPTION, MISDIRECTION, use or misuse of ANY prize OR ANY PORTION OF ANY PRIZE (including any activity OR TRAVEL related thereto) or participation in the CONTEST and the ACTIVITIES OR FOR ANY And all claims based on rights of publicity and rights of privacy WHETHER any of these things are CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE SPONSOR AND/OR THE CONTEST ENTITIES.
DISCLAIMERS / LIMITATIONS ON LIABILITY:
By ENTERING, ALL PARTICIPANTS IN THE CONTEST agree that THE CONTEST ENTITIES assume no liability whatsoever for injuries or damages of any kind sustained in connection with THE WRITTEN STATEMENT, AND/OR CONTESTANT’S ENTRY INTO THE CONTEST, THE use, acceptance, possession or awarding of ANY prize or while preparing for, participating in and/or traveling to or from any CONTEST-related activity, including, without limitation, any injury, damage, death, loss OR accident to person or property due to an intentional act, an act of negligence or default and/or any act of God.
The Contest Entities are not responsible for human errors or for any damaged, tampered with, delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged, misaddressed, misdirected, mutilated, mass machine-generated, unintelligible, incomprehensible, postage-due or stolen mail or entries or entries otherwise not in compliance with these Official Rules. In addition, Contest Entities are not responsible for any typographical errors in these Official Rules, Contest content or any advertising materials for the Contest, or for any kind of computer, electronic, hardware, software, Internet, network, technical or telephone failures and/or problems caused by the Sponsor and/or the Contest Entities or the user, or by any of the equipment or programming associated with or utilized in the Contest, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Contest, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.
If the Contest becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause created by Sponsor and/or the Contest Entities, the user or by any of the equipment or programming associated with or utilized in the Contest, Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend or withdraw the Contest or any Contest offer and/or cancel, modify, suspend or withdraw any method of entry, without notice, and select Prizewinners from all entries received for the Contest prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God; an act of terrorism, war, riot or civil commotion, fire, casualties, equipment failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order or request proves to be invalid); or any other similar or dissimilar act beyond the Sponsor’s control.
GENERAL CONDITIONS OF ENTRY:
All Contestants, as a condition of entry, agree that they have not purchased any kind of Internet servicing system whatsoever in order to participate in and/or enter the Contest through electronic and/or mechanical tampering of the Contest or Contest webpage. Contestants agree not to knowingly damage or cause interruption of the Contest or Contest webpage and/or prevent others from utilizing the Contest or Contest webpage. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE OR CELLULAR SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST, CONTEST WEBPAGE, OR CAMPAIGN VIOLATES CRIMINAL AND/OR CIVIL LAWS.
IF SUCH AN ATTEMPT IS MADE, SPONSOR AND/OR ADMINISTERING AGENCY MAY, AT THEIR SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY AND ALL CONTEST PARTICIPANTS MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
GOVERNING LAW AND VENUE:
The parties agree that the Contest and these Official Rules will be governed, construed and interpreted under the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of California. Each participant agrees (i) that any or all lawsuits brought by participants pursuant to these Official Rules or the Contest will be brought in the courts located in Los Angeles, California and (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest or any Prize awarded shall be resolved individually, without resort to any form of class action. Contest participants hereby waive any and all objections to personal jurisdiction. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred including, without limitation, costs associated with entering this Contest but in no event attorneys’ fees. Under no circumstances will contest participants be permitted to obtain awards for, and hereby waive all rights to claim, indirect, punitive, incidental 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.
By entering the Contest, each Contestant acknowledges and agrees that PETSMART’s sole and exclusive role in the Contest is that of Prize Provider and that PETSMART is in no way responsible for the administration of the Contest or the selection of winners and that all such responsibility rests with the Sponsor.
For a copy of these Official Rules, go to Ellentube.com/PetDish
SPONSOR: WAD Productions Inc.
c/o WAD Productions Inc. 3500 West Olive, Suite 1000, Burbank, CA 91505.